Category Archives: Government

Persecution and Resistance: The Struggle for Human Rights

A well-known activist of People’s Union for Civil Liberties (PUCL), and a medical doctor Binayak Sen gets arrested in May 2007 in Chhattisgarh state, under the provisions of the controversial black laws, the Chhattisgarh Special Public Security Act 2005 (CSPSA), and the Unlawful Activities (Prevention) Act, 1967 having been amended in 2004 and made more stringent after the collapse of POTA. In August 2007, a woman activist Roma, working among the women, tribals and dalits of Mirzapur, Uttar Pradesh under the aegis of Kaimur Kshetra Mahila Majdoor Kisan Sangharsh Samiti and the National Forum of Forest People and Forest Workers is arrested and charged under the National Security Act. A young Oriya poet and literary editor Saroj Mohanty, who is also an activist of the Prakrutik Suraksha Sampada Parishad, an organization supporting the struggles of the people of Kashipur, who for the past 13 years have successfully opposed the entry of large bauxite mining companies in the region, was picked up by the police in July 2007 at Rayagada, Orissa, on charges of dacoity, house trespass and attempt to murder. Two activists – Shamim and Anurag – of Shramik Adivasi Sanghathana and Samajwadi Jan Parishad, which are working amongst tribals in Betul, Harda and Khandwa districts of Madhya Pradesh, were served externment notices in June by the Harda District Magistrate under the State Security Act.

Continue reading Persecution and Resistance: The Struggle for Human Rights

“The questioning of the arrested persons is on now”, he said

Every now and then, some “terrorist” or another is arrested. Never an alleged terrorist, but a proclaimed one. Every now and then there is a blast that kills dozens. We never know who commits these attacks. We never will. A man has been sentenced to death this morning for an attack on the Red Fort. What a circus this is, and what an audience we are. Two news reports below. The first one will affect your reading of the second one. Continue reading “The questioning of the arrested persons is on now”, he said

Hashimpura RTI replies expose State patronage of Impunity

[Courtesy: Vrinda Grover, Hashimpura Legal Advisory Committee.]

On 24th May 2007, to mark the twentieth anniversary of the communally motivated Hashimpura PAC custodial killings, victim families and survivors filed 615 RTI applications in Lucknow.

613 RTI applications were filed at the office of the D.G.P. at 1 Tilak Marg, Lucknow. Shri D.C.Pandey, DIG, who is the Public Information Officer (PIO). The survivors and families of the victims asked the State why the accused PAC men charged by a Delhi Sessions Court for the murder of 42 Muslim men, continue to be in active service of the PAC? Was any departmental inquiry initiated against them? Was any disciplinary action taken against them? Or were they rewarded with promotions in rank and emoluments? Were the 19 accused PAC men ever suspended from service? What were the grounds on which they were reinstated? They asked for copies of the annual Confidential Report (ACR) of each of the accused persons to be made available.

In reply to these RTI applications some information has been made available. The A.C.R. of the accused PAC men reveals that mass custodial killing of Muslims does not even invite a negative comment in the Report. To the contrary the ACR noting for the year 1987 gives the PAC accused a glowing
and congratulatory report. The career prospects of the accused were in no way hurt by the fact that the CBCID was enquiring into their role in the brutal killings of over 42 innocent Muslims. Further documents obtained through RTI disclose that they were suspended very briefly and then quickly reinstated in service on flimsy grounds. The attitude and approach both of the State and the Police Department sends a clear signal encouraging State impunity.

Continue reading Hashimpura RTI replies expose State patronage of Impunity

Mayawati Intervenes, Sends Out New Signal

In a refreshingly swift intervention in the affair concerning Roma’s arrest, the UP chief minister Mayawati has ordered the revocation of the cases under the National Security Act and she was released soon thereafter. Mayawati has also called for an explanation in this regard, from concerned police officers of Sonebhadra district. This is unimaginable in contemporary India, across the political spectrum from the Right to the Left. Rarely has such a prompt intervention been undertaken by those tempered in the logic of power and ‘institutions’. As a matter of fact, experience shows that, even in the best of cases, such complaints – even uproar – about the misuse of power, are routinely pushed through a mesh of bureaucratic ‘rules and regulations’ in a manner that leaves you wondering, in the end, whether there is really any desire on the part of the political leaders concerned to address the issue at hand.

Mayawati’s decision has been welcomed by Medha Patkar and other organizations and activists like Tahira Hasan of Tehrik-e-Niswan and Roop Rekha Verma of Sanjhi Duniya. It is worth remembering that while Medha Patkar has been supportive of struggle over land, elsewhere in the state, she has been quite forthright in welcoming this move. Jansatta reporter Ambarish Kumar, quotes Tahira Hasan and others to the effect that this step by Mayawati shows that she has decided not to go the Mulayam Singh way, for such a thing would have been unimaginable in his rule. Kumar also reports that CPI(ML) Liberation leaders have also welcomed this decision. This is important because, a large number of those killed or arrested by the police in these areas of UP, have actually been activists of the CPI(ML) Liberation and not ‘Maoists’ – who hardly have any presence in the region.

Roma’s Arrest, Land Mafias and the Indian Police State

Even as semi-literate journalists and supposed pundits in the Capital celebrated the 60 years of the “world’s largest democracy”(incidentally the greatest and most grotesque cliché of our times), away from the “watchful eyes” of the media, other less savoury stories have been playing themselves out. Brave and self-effacing women activists like Roma, have been arrested under the National Security Act and have now been labeled as ‘Maoist’, according to a report in the Jansatta (Ambarish Kumar, 17 August, “Manavidhikar Karyakarta to Ab Naxali Banane ki Muhim”). This is no small and isolated happening. It is, in a microcosm, the story of what this ‘largest democracy’ is all about. The ultimate weapon of a desperate police force (widely used all across the length and breath of the country) of ‘labeling a dog mad before killing it’ is being brought into play to deal with peaceful struggles of ordinary people.

For those who have any idea of the activities of activists like Roma, this is a lie of the most blatant sort. Roma has been long active in organizing the tribals and landless Dalits, and especially, of late, landless women to fight for their property rights. Roma’s struggle has been fought under the banner of Dr Ambedkar, Jyotiba Phule, Savitri Bai Phule, Birsa Munda and Rani Lakshmibai and has never resorted to any kind of violent means. Nonetheless, her arrest, along with Shanta Bhattacharya and Malati, in Sonbhadra district of UP, shows that even such non-violent and constitutional struggle is becoming impossible in large parts of the country today. It is the state and the police that are producing Maoists by the hour. It is not without reason that former Prime Minister VP Singh had to proclaim in utter exasperation that he too wants to become a Maoist. It is the utter cynical contempt with which the state, the judiciary and the media have treated a long and peaceful struggle against land acquisition – the Narmada Bachao Andolan – that sends out the signal, loud and clear that the only language that the state and the cohorts of corporate capital understand is that of the gun.

Continue reading Roma’s Arrest, Land Mafias and the Indian Police State

‘A hunger strike for the YouTube generation’

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This is a hunger-strike for the YouTube generation. The two men – Dawa Lepcha and Tenzing Gvasto Lepcha – whose protest has been posted on the popular online video site, have not eaten for 39 days. Doctors at the hospital where they lie in the remote Indian state of Sikkim say they are getting weaker each day. There are serious concerns about the functioning of the men’s kidneys.

The cause that has led these two men to take this drastic action and for their friends to post this powerful video on the internet is the very land on which they and their families live. A massive hydro-electric power scheme backed by the state government, consisting of more than 20 individual projects, threatens to drive the men and their neighbours from the land close to the Teesta river in the Dzongu region of the state. Campaigners say the project is illegal and claim the authorities have failed to obtain the necessary assessment of the impact the schemes will have. [Link]

The YouTube video is here. More at Weeping Sikkim.

Does the ‘girl-child’ exist?

Does the ‘girl-child’ exist? What is it other than empty officialese, a smoke-screen that obscures, almost erases, little girls and the dismal little lives most of them lead? The ‘skewed sex-ratio’ has become a fetishized object for policymakers and governments in India, and improving those numbers a goal in itself. In the pursuit of good-looking sex-ratios, the minister for women and child development has come up with one alarming scheme after the other.

Earlier this year, Renuka Chowdhury announced a government scheme to open centres where people can abandon unwanted daughters rather than aborting them. Can you imagine the girl-children growing up in these doomed institutions? What fates can they expect, unwanted by their parents and kept on by the State only to boost sex-ratios? Chowdhury said at the time that the government was treating the drop in sex-ratio as an issue of national emergency. She also said that through this scheme, the government would “at least ensure that the gene pool is maintained”! In effect, these institutions would be collections of little girls unwanted by all but the census-takers, dropping by periodically to correct the skewed sex-ratio with a quick look at the office records.

Continue reading Does the ‘girl-child’ exist?

Take a moment to help STOP TORTURE in India

Dear friends,
Amnesty International expresses its support for victims of torture and ill-treatment, past and present and condemns its practice in India. As of June 26, the International Day in Support of Victims of Torture, Amnesty International India is intensifying its work against torture and other cruel, inhuman and degrading treatment by launching a campaign against torture and ill-treatment in the ‘war on terror’.
The victims of torture in India span far and wide, be it disadvantaged social, political or ethnic groups like the dalits, women and adivasis or be it in Jammu and Kashmir, the North East, Gujarat, Chhattisgarh, Orissa, Jharkhand, Andhra Pradesh and other areas affected by the acts of state and non-state actors.
India has signed, but not ratified the Convention against Torture. It is one of only 8 countries that have not done so. Amnesty International India has on several occasions expressed grave concerns over the fact that torture and ill-treatment continue to be endemic throughout India and continue to deny human dignity to thousands of individuals.

Continue reading Take a moment to help STOP TORTURE in India

Bangladesh: Faces of Emergency and Human Rights Issues

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Cholesh Richil had no charges of corruption or criminal activity in Bangladesh, which is ruled under emergency and a civilian caretaker government, backed by the army. An outspoken leader of the Garo indigenous community, who live in the Modhupur area north of Dhaka, Cholesh had been campaigning against the construction of a so-called ‘eco (ecology) park’ on their ancestral land, on the grounds that it would deprive them of their land and means of livelihood. He was arrested by the Joint Forces (army and police) personnel on 18 March 2007 and taken to Modhupur Kakraidh temporary army camp. Tortured for several hours before being taken to Madhupur Thane Health Complex, he was declared dead the same evening.

After Choesh Richil’s body was handed over to the Garo community church on 19 March, his family observed multiple bruises, nails missing from his fingers and toes, and cuts and scratches consistent with blade wounds. His testicles had been removed. Local government officials have stated that an ‘administrative inquiry’ into the case has been initiated, but none are aware of the terms of reference or the progress of the inquiry.

Continue reading Bangladesh: Faces of Emergency and Human Rights Issues

The Impossibility of Satire

The first impulse that one has after coming out of a court hearing is to create a satire that accurately captures the slightly bizarre and terrifying vision of judges that one has had a chance to experience. But can caricature really live up to its responsibility of laughing truth to power? John Beger has said that “Graphic caricature is dead because life has outstripped it. Or more accurately, because satire is only possible when a moral reserve still exists, and those reserves have been used up. We are too used to being appalled by ourselves to be able to react to the idea of caricature”. So instead of imposing an impossible goal for satire, let us allow the court speak for themselves. Continue reading The Impossibility of Satire

Gujarat Fake Encounters: The Spin Doctoring has Begun

The Gujarat Fake Encounter Story is rapidly being scripted along the familiar lines of the ‘Corrupt Policeman-Corrupt Politician-Underworld Links’ nexus. While this may be true, (and I do not doubt that Narendra Modi, who holds the ‘Home’ portfolio in Gujarat, must not be entirely un-involved in this matter) it would be unfortunate if the Gujarat ‘fake encounter killings’ , like ‘fake encounter’ stories in Kashmir, Delhi or elsewhere are now spun into ‘systemic aberrations’. Rather, they should be seen as evidence of how the system actually works, and how efficient it is.

Continue reading Gujarat Fake Encounters: The Spin Doctoring has Begun

From Informal to Illegal

The fight for city space, today, has gone far beyond the Master Plan. On the traffic signals of South Delhi, the Master Plan 2021 now rivals Paulo Coehlo in sales. Planning and the fight for urban space has, it seems, becomes everyone’s debate. On the surface, this is a fight about planning and order, about drawing the lines between formal/informal, legal/illegal, and public/private to prevent the “anarchy” that may result without planning.

Yet how do we understand “informality” and “illegality” in a city like Delhi? According to the Tejender Khanna Committee, appointed by the government and led by Delhi’s ex- Lt Governor, nearly 70% of the city lives in a state of semi-legality, mostly due to the DDA’s consistent failure to meet its own land acquisition and housing development targets over the last twenty years. Sainik Farms and the slums of Yamuna Pushta are, therefore, just as “informal” as each other, albeit in different ways. Yet the consequences of their informality are vastly different. Within the courts, the Master Plans and in public opinion, it is only the slum dwellers and the urban poor that have become “encroachers,” and the homes that they have lived in for decades “temporary” and “illegal.” In the context of poverty, it seems, informality very easily slides into illegality. Continue reading From Informal to Illegal

Celebrating difference in Southasia

Choles Ritchil, an activist and a leader of the Garo people living in the Modhupur Upozila under Tangail District in Bangladesh was found dead last month. Over the last three years, he had been leading a protest against the establishment of an Eco park in the forests around his village by the department of Forest. He was allegedly tortured brutally by the officers of the local army camp before dying.

Garos are a part of a large tribal minority, along with other hill people, known as pahadis, who are part of present-day Bangladesh, along side the large minority of Hindus. Bangladesh, as we know, was formerly East Pakistan and seceded from it after India fought a war against Pakistan in 1971. Its founder leader Sheikh Mujibur Rahman had said in his founding speech, “From today, you are all Bengalis.” Not all Bengalis are equal. Continue reading Celebrating difference in Southasia

SAARC: Need for a Paradigm Shift

As the 14th SAARC (South Asian Association for Regional Cooperation) Summit draws nearer, and the host, the Indian Government, begins to step up its preparations, it seems a good time to raise certain issues and questions, designed to draw lessons for the next stage of regional institution building. Where are we? What issues, practices and policy changes can be proposed to improve the quality of regional policy making and implementation? What can civil society organisations and citizens do to contribute effectively to this process? How can SAARC be made more open and transparent to South Asian citizens? What are some of the best practices that have contributed to an effective intra-state coordination, consultation with non-state actors and public accountability? The vision of SAARC today should be that of a South Asia that is integrated, prosperous and peaceful; a South Asia driven by its own citizens; an anti-colonial, democratic and dynamic force in the global arena; and human and peoples’ rights the cornerstone of its political programmes.

Wars and killings in the name of nations; violence, often on a massive scale; boundaries and borders creating major elements of conflicts between the nation states; trans-border crime, narco-terrorism, illegal and informal transactions; illegal migration and large-scale refugee infiltration; trade and transit barriers and trade imbalances — we can find all this and much more in serious proportions in these times of SAARC. However, they are not the core of our assessment, as nobody had believed that these issues could be resolved in two decades or so. The core is that even though some significant spaces have been opened up for greater and more sustained regional cooperation and some beginning has been made, the overall mood is not optimistic, and the prospects of a people-driven SAARC remain largely unfulfilled. Lack of vision, initiative and will, inadequate institutional capacity, and inappropriate policies and procedures have totally negated any thought and practice that SAARC should build a partnership between governments and all segments of civil society, to strengthen solidarity and cohesion among our people in South Asia. There is hardly any civil society participation in its policy development processes, and it is taken as a closed, non-transparent, non-serious affair in the region.

Continue reading SAARC: Need for a Paradigm Shift

The Narrative of Corruption

Good governance, accountability, transparency, efficiency
Good governance, accountability, transparency, efficiency
Good governance, accountability, transparency, efficiency

Good governance, accountability, transparency, efficiency – the mantra of new urban management as you all know. Standing from the pulpits of the city with who I share an ambiguous relationship, estrange yet intimate, I now deliver one more narrative of corruption.

Friends, Romans and countrymen, a few months ago I started meeting up with some technicians, some politicians, some actors in local politics, some financiers, some lumpen proletariat and some of the lumpen bourgeoise. Conversations and teas revealed that corruption is more ambiguous than the transparency of good governance and the accountability of transparency – that corruption is an important pawn in the new chess of urban management and that corruption has facets, some evident, some hidden and some yet to be revealed. Who plays the corruption card, directs the game (and the direction). Continue reading The Narrative of Corruption

13 Questions for December 13

It is shortly going to be five years to December 13, 2001 when the Indian parliament in New Delhi was attacked by a group of men who entered the precincts of the Parliament in an Ambassador Car. In the past five years, we have seen the ups and downs of a convoluted trial. The forging of evidence, the acquital of SAR Geelani (one of the accused) and in recent days a mounting sense of disquiet around the circumstances in which Mohammad Afzal Guru has been handed a death sentence.

Many questions remain unresolved. Here is a list of 13 Questions for December 13, excerpted from the introduction by Arundhati Roy to the forthcoming Penguin India publication – ‘December 13 – A Reader: The Strange Case of the Attack on the Indian Parliament’.

The book is an anthology of essays and texts on December 13 by – A G Noorani, Arundhati Roy, Ashok Mitra, Indira Jaising, Jawed Naqvi, Mihir Srivastava, Nandita Haksar, Nirmalangshu Mukherji, Praful Bidwai, Shuddhabrata Sengupta, Sonia Jabbar, Syed Bismillah Geelani and Tripta Wahi

13 Questions for December 13 (by Arundhati Roy – from the Introduction to ’13 December – A Reader’, Penguin India, New Delhi, December 2006)

Question 1: For months before the Attack on Parliament, both the government and the police had been saying that Parliament could be attacked. On 12 December 2001, at an informal meeting the Prime Minister Atal Bihari Vajpayee warned of an imminent attack on Parliament. On 13 December Parliament was attacked. Given that there was an ‘improved security drill’, how did a car bomb packed with explosives enter the parliament complex? Continue reading 13 Questions for December 13

Action Alert – Communal harmony activists arrested in Karnataka

[From Clifton from Alternative Law Forum, Bangalore]

Friends,

Most of you are aware of the Sangh Parivar’s attempts to destroy the secular fabric in Karnataka by targeting the Baba-Datta shrine on Bababudangiri near Chikmagalur, a shrine that is an example of syncretic traditions in the state, attracting people of different faiths. You are also aware of the role of this present coalition government in supporting and promoting these activities of the Sangh Parivar. Now the government has given permission to the Sangh Parivar to conduct the Shobha Yatra and about 300 activists of the Karnataka Komu Souharda Vedike who reached Chikmagalur to protest this have been arrested today (02.12.2006).

Continue reading Action Alert – Communal harmony activists arrested in Karnataka

Whatever Happened to the ‘Fake Beard’ ?

The Malegaon Bomb Blast Trail

Shab-e-Barat, the day when Muslims pray for their departed ones and visit their graveyards, saw blood of innocents getting spilled in Malegaon, Maharashtra. It saw deaths of 31 people and injuries to hundreds.

From day one, there have been allegations that the police has not remained even handed while dealing with the case. Apart from providing lax security at the time of the Shab-e-Barat celebrations, it is also alleged that it did not follow some vital clues.

Now comes the claim, as per ATS (anti terrorist squad) in Maharashtra, that a group of Muslims, supposedly associated with some extremist Muslim organisation, implemented the gory act. It is understandable that why the latest claim has been received with lot of disdain as news pouring in from the city informed that a bandh had been planned on 14th of November to protest the arrests.

Can it be now said that the truth is finally out as far as Malegaon bomb blast is concerned ? And the real perpetrators of the gory carnage have been apprehended ? Or there are still loose ends which are to be met.

Continue reading Whatever Happened to the ‘Fake Beard’ ?

Doublethink in the Time of Criminal Reform

Orwell created a range of wonderful concepts in his dystopic novel 1984 to characterize the language of power. One such phrase Doublethink referred to the ability to hold “two contradictory beliefs in one’s mind simultaneously, and accepting both of them” without being aware of their contradictions.

The latest addition to the vast repository of doublethinks in the archives of the Indian state comes from the background note of the new committee formed for the reform of the criminal justice system. Barely a few years after the controversial Malimath Committee, yet another committee has been formed under the chairmanship of Dr. Madhava Menon (the founder of the National Law School in Bangalore). The National Criminal Justice System Policy Drafting Committee (“NCJSPDC”) has been constituted “taking into account changing profile of the crime and criminal” We can safely assume in the context of the global war against terror, what the changing profile of the crime and the criminal refers to. Continue reading Doublethink in the Time of Criminal Reform

Books As Crime

‘So you are the little woman who wrote the book that made this great (American) civil war’
-Abraham Lincoln to Harriet Beecher Stowe, author of Uncle Tom’s Cabin

Bruno Fulgini, a non descript employee at the French Parliament, would not have imagined in his wildest dreams that his tedious and boring job at the Parliament library, would lead him to treasure hunt of another kind.

Today he finds himself metamorphosed into an author and editor, thanks to the sudden discovery of old files of the Paris police, which provided details of its surveillance work done way back in 18 th century. In a report filed by AFP, Mr Fulgini tells us that ‘Beyond criminals and political figures, there are files on writers and artists. In some cases, they go far in their indiscretions.'( The Statesman and The Hindustan Times, New Delhi, 26 th September 2006).

An edited version of these old files, focussing themselves on the writers of those times, has recently come out and is making waves. The said book ‘Writers’ Police’ gives details of the way in which greatest writers of late 18 th century who were living in Paris at that time were kept under surveillance. More...
Definitely even a layperson can understand that the whole exercise was not part of wreaking of vengeance by a frustrated writer who had joined the police force as some senior officer. Neither the police was keen to understand the impact of the actual lifestyles of the writers on societal mindset nor did it cared how a particular author would help unleash a new hairstyle on the block.

In fact the Parisian police had a very specific agenda.

It was clear to these protectors of internal security of a tottering regime that the renowned literati then viz. Victor Hugo, Balzac or Charles Dickens, might be writing fiction, but their sharp focus on the hypocrisy of the aristocrats or the livelihood issues of ordinary people is adding to the growing turmoil in the country. They knew very well that they might be writing fiction for the masses but it is turning out to be a sharp political edge that hit the right target and is becoming a catalyst for change.

While the Parisian police was engaged in tracking down the daily movements of the writers, its present day counterparts in Maharashtra especially from the Chandrapur-Nagpur region have rather devised some ‘easier’ and ‘shortcut routes’ to curb the flow of ideas.And for them it is also immaterial whether the writer in question was alive or dead. Continue reading Books As Crime