Category Archives: Law

Open Letter from Hyderabad University Alumni against Repression on HCU Campus and the Return of Appa Rao as VC

Guest Post by UoH/HCU Alumni

UoH Alumni Open Letter against the institutional murder of Rohith Vemula, the return of Dr. Appa Rao as UoH’s VC, and the brutal display of state violence in campus.

As alumni of the University of Hyderabad, we observed with dismay the return of Dr. Appa Rao Podile as the Vice-Chancellor of University of Hyderabad (UoH) on March 22. We strongly condemn this provocation that led to the police brutality on campus. The shutdown of the university which has followed is unacceptable and unlawful.

A couple of days ago, a report ranked three departments of the University of Hyderabad among the top 500 university facilities in the world. The education we received at UoH helped us to not only shape our careers, but also to question, critique and analyse concepts such as equality, fraternity and social justice.  Upon entering a central university of this size, we were exposed to the sheer diversity of this country. UoH, like other central universities in India, is an amalgam of many languages, cultures, religions and regions.

However, much like the rest of the country, the university campus is a space where systematically oppressive caste structures operate and are institutionally legitimised. Recent events at UoH have left us dismayed and angered at the treatment meted out to peacefully protesting students at the hands of the administration and the police.

Continue reading Open Letter from Hyderabad University Alumni against Repression on HCU Campus and the Return of Appa Rao as VC

Students Testify to Police Brutality on the HCU Campus in Hyderabad : Guest Post from HCU Students

Guest Post by HCU students (Taken from Youtube Uploads and Facebook Status Updates)

[Since there is a virtual media blackout of the situation in Hyderabad Central University we have decided to share video testimonies by students of the violence unleashed by CRPF (Central Reserve Police Force) and the RAF (Rapid Action Force) which were called in at the behest of the Vice Chancellor Appa Rao – who is already under a cloud for having created the circumstances that led to Rohith Vemula’s suicide, which many students consider to be an ‘institutional murder’. When Appa Rao returned to the University, students were enraged, and they started a ‘sit-in’ outside the Vice Chancellor’s lodge. It was then that the central forces were called in. Later, electricity, water and internet facilities were cut off. The debit card used by the students, linked to the State Bank of India branch on the campus, were blocked. The non teaching staff was persuaded not to give food in university hostel canteens to students. Some students who started a community kitchen were taken away by the police. One of them, a research scholar called Uday Bhanu was so badly beaten up that he has been admitted to intensive care at a local hospital. His condition remains critical.

Courtest, 'University Community' & '#DalitLivesMatter'
Courtest, ‘University Community’ & ‘#DalitLivesMatter’

Hyderabad Central University, is now a virtual prison camp.

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According to reports, 36 students are still missing. Several are hospitalized and are being treated for injuries. At least one of the students is in a critical condition.12671963_1656941941246803_5210071450630800436_o Continue reading Students Testify to Police Brutality on the HCU Campus in Hyderabad : Guest Post from HCU Students

निर्गुण देशप्रेम बनाम सगुण संघी राष्ट्रभक्ति

भारतीय जनता पार्टी की राष्ट्रीय कार्यकारिणी ने कल अपनी बैठक में एक फ़रमान जारी किया है जिसके मुताबिक ‘भारत माता की जय’ न कहना संविधान के प्रति असम्मान दिखाना है. इस कार्यकारिणी की बैठक में ‘राष्ट्रवाद’ का ढोल नगाड़ा तो खूब पीटा गया मगर कम-अज़-कम अख़बारों की खबरों से तो नहीं लगता की आंसू की एक बूद भी – घड़ियाली ही सही – किसी भी नेता की आँख से इस ‘राष्ट्रवाद’ के नाम पर चल रहे तांडव में मारे जा रहे लोगों के लिए बही हो. न ही ‘राष्ट्रवादी शोहदों द्वारा की जा रही क्रूर, घिनौनी और हिंसात्मक बयानबाज़ी पर ही कार्यकारिणी के पास कुछ कहने को था.

संघी राष्ट्रवाद का असली चेहरा. image courtesy, Mir Suhail
संघी राष्ट्रवाद का असली चेहरा. image courtesy, Mir Suhail

Continue reading निर्गुण देशप्रेम बनाम सगुण संघी राष्ट्रभक्ति

Mera Piya Ghar Aaya: Umar Khalid and Anirban Return to JNU and the Students’ Struggle

I have come home a little while ago from Jawaharlal Nehru University after listening to Umar Khalid and Anirban Bhattacharya take back the night. As I drove home  through the quiet streets of Delhi after midnight it occurred to me that somebody should whisper into Narendra Modi’s ear that he should now start stocking up on sleeping pills. (Maybe Baba Ramdev’s enterprise makes some that he could prescribe to the Prime Minister, unadulterated). With young people like Umar and Anirban as his adversaries, the Prime Minister can only have sleepless nights ahead of him. It is perhaps fortunate for him that the team from Madame Tussaud’s came by and did their job yesterday. Because from now on, his real skin tone will only envy the lustre of his wax work. Umar and Anirban, and their friends, took away the little remaining shine that Modi had left at midnight.

Continue reading Mera Piya Ghar Aaya: Umar Khalid and Anirban Return to JNU and the Students’ Struggle

Patented Patriotism: Kalyani Menon-Sen

Guest post by KALYANI MENON-SEN

The last few months have seen an unusual public engagement around questions of secularism, freedom of speech, sedition and the like, with furious debates everywhere from our campuses, streets and TV studios to the floor of Parliament. The budget session has been enlivened by scenes of high drama, with the leading lights of the Treasury benches bringing colour, sound and fury to their tutorials on patriotism and nationalism.

While these high-decibel histrionics have been appreciated and applauded by many, some unpatriotic elements are asking if they are designed to divert public attention away from behind-the-scenes negotiations and surreptitious deal-making that could undermine the rights and compromise the survival of millions of Indian citizens.

One such deal is now out in the open. In written submissions to the US Trade Representative, two US industry bodies (the US Chamber of Commerce and the US-India Business Council) have said that the Government of India has “privately reassured” them that it will not use the mechanism of compulsory licensing to allow commercial production of cheaper generic versions of patented medicines in India.[1]

The note of gleeful triumph in this announcement is unmistakable. Ever since the present government came to power, US trade bodies and pharma industry bodies have stepped up their attack on India’s patent system and demanded the dismantling of safeguards that protect citizens’ rights from being sacrificed to commercial concerns. The provision for compulsory licensing, empowering the government to override patents and allow the marketing of generic medicines in the public interest, is a prime target for this attack. Also in the firing line are measures to prevent patent holders from dragging out their monopoly by “evergreening” (making changes that do not enhace the therapeutic value of a product and patenting it anew), and allowing third parties (such as consumer groups or generic manufacturers) to challenge and oppose patent applications before they are finally granted. Continue reading Patented Patriotism: Kalyani Menon-Sen

Statement in Support of Nivedita Menon and Gauhar Raza

We, the undersigned, unequivocally condemn the unwarranted attacks against Prof. Nivedita Menon by Zee News and IBN 7 and Mr. Gauhar Raza by Zee News. Prof. Menon is an acclaimed political scientist and writer whose work and integrity are respected all over the world. Her contributions to the women’s movement and gender justice through her writing and participation have been very significant.   Mr. Raza is a reputed scientist, poet and filmmaker, who has worked in a sustained way for peace and amity. The two channels have engaged in irresponsible and unethical attacks based on video clips taken out of context, creating an atmosphere of threat, intimidation and incitement to violence. Three false cases have been filed against Prof. Menon in this media-created environment of shrill jingoism. We request the Press Council of India and the Broadcast Association to take necessary action against these channels for their unacceptable and unlawful reportage. We also demand that the two channels issue a public apology for their relentless and defamatory attacks against Prof. Menon and Mr. Raza.

Continue reading Statement in Support of Nivedita Menon and Gauhar Raza

When Crime Becomes Ordinary, Ordinary Life Will be Criminalised

  1. Zee News Anchor Sudhir Chaudhary whose heart beats for India tried to extort 100 crores from the Jindals, remember? No, no, please, kindly, take a few minutes to watch this, at least until 3.55.

 

 

  1. This is a photo comparing Chaudhary with that the whistleblower in the Vyapam scam, who exposed a long-running case of serious corruption by the state and political parties which has involved the murders of over 45 individuals! The current government is providing Chaudhary X category security while with this cycle-borne ‘security’ the Vyapam whistleblower has survived 14 attacks on his life.
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Courtesy: Quora.com

Continue reading When Crime Becomes Ordinary, Ordinary Life Will be Criminalised

Of False Binaries and ‘Dirty’ Politics: Divya Kannan

This is a guest post by DIVYA KANNAN

Manu Joseph’s latest commentary regarding the ongoing crisis in Jawaharlal Nehru University (JNU) and the larger debate on Indian ‘nationalism’ smacks of crass elitism, as a journalist pithily pointed out online. If one were to use a ‘different term’, as Joseph himself keeps venturing to do in his writing, it is simply nauseating. This is for several reasons. To begin with, he harbours a convoluted understanding of what research in higher educational institutes entails, the nature of student politics, the lasting dangers of right wing assaults, and the pathetic misrepresentation carried out by the media, including himself, of the pressing issues in this country. Continue reading Of False Binaries and ‘Dirty’ Politics: Divya Kannan

Several Counts of Anti-Nationalism and Zero Counts of Sedition! Kanad Bagchi

This is a guest post by KANAD BAGCHI

The Supreme Court has time and again emphasized the significance of adducing reasons while rendering administrative and judicial orders. Indeed, a reasoned opinion is arguably the fullest expression of the principle of audialterampartem and is a sine quo non in the dispensation of justice. It appears, one might argue, that the Delhi High Court (hereinafter ‘Court’) in its order granting interim bail to Kanhaiya seems to have taken the dictate of the Supreme Court rather earnestly in what was, needless to say, a very ‘detailed’ and ‘incisive’ analysis of the bail application.

While poetic prose is neither repugnant nor unknown to our Court’s jurisprudence, and the present order is yet another captivating addition to that, it is when prose and poesy subsumes legal reasoning, one begins to wonder whether the rule of law would be better served without it. It is more worrisome however, when the judiciary sidesteps its role from enforcing a strict interpretation of criminal law in an attempt at articulating its own perceived sense of nationalism, loyalty and allegiance, wholly divorced from the Constitution and the laws.

Continue reading Several Counts of Anti-Nationalism and Zero Counts of Sedition! Kanad Bagchi

Encounters With the State and Other Comedies: Asmit Pathare

This is a guest post by ASMIT PATHARE

In response to JNUSU’s call for observing 2nd March as International Day of Protest and to demand justice for Rohith Vemula and the release of the then three arrested students, numerous organisations decided to gather outside Dadar station (E) and carry out a peaceful protest. Among them were All India Students’ Association (AISA), All India Students’ Federation (AISF), Students’ Federation of India (SFI), Democratic Youth Federation of India (DYFI), All India Youth Federation (AIYF), University Committee for Democracy and Equality (UCDE) and others. The protest was supposed to begin at 5pm. Continue reading Encounters With the State and Other Comedies: Asmit Pathare

St Louis Universities Stand With JNU: A Statement

 

Kanhaiya Kumar, the president of the Jawaharlal Nehru University Student Union (JNUSU) in New Delhi, India, was arrested on Feb 10 on charges of sedition and criminal conspiracy. Kanhaiya was present at a meeting on the evening of Feb 9, where incendiary slogans were allegedly raised. Seven other students were also charged. Mr. Kumar is not accused of raising the slogans; indeed the identity of the person(s) who raised the slogans remains a mystery. Charging a student leader for sedition for another’s mere sloganeering is prima facie absurd. Further, the assault of Mr. Kumar, other students and faculty, and even journalists, in court premises by lawyers and others sympathetic to the government, do not inspire confidence in a fair judicial process. Continue reading St Louis Universities Stand With JNU: A Statement

Sedition is a Shade of Grey or, Bharat Mata’s Smothering Embrace: Ankur Tamuliphukan and Gaurav Rajkhowa

The dominant narrative around the recent JNU incident has been that the unwarranted police action and the concerted acts of violence, incitement and misinformation that followed are all part of a determined push by the saffron brigade. After love jihad and beef, the story has it, it is “sedition” and “Pakistani agent” this time—we are living in a state of undeclared emergency. A sense of disbelief and apocalyptic doom seem to underpin these sentiments, along with a nostalgic optimism for a quick return to harmony and normalcy. But such things have happened far too many times, and far too often for us to harbour such illusions. For what we are going through is in effect a recalibration of that normalcy.

To read political slogans literally is an absurdity. But in the hands of the present government, it is a calculated absurdity that reads “Bharat ki barbadi…” as armed conspiracy against the state. The variables are many—arrests, fake tweets, rampaging lawyers, patriotic house-owners and now, open calls for murder. But the calculus resolves itself into the same formula every time: national/anti-national.

At the outset, the opposition to the attack on the university campus seems to have coalesced around two points—first, maintaining a safe distance from the “anti-India” slogans raised at the meeting; and second, showing themselves as the real nationalists, standing against the saffron thugs in patriot’s disguise. Partly in response to a vicious media campaign, videos of “real nationalist” speeches at the protest venue are being posted on social media everyday. We are told at length about the “real” Indian behind the deshdrohi, his credentials, and how he wants his India to be. Things reached a disturbing pitch when spokespersons of the traditional Left went on record to express their displeasure at the real culprits not being caught. Without doubt, the saffron brigade cannot be allowed the prerogative of deciding what “the nation” means. But why do so from the flimsy ramparts of sedition? Continue reading Sedition is a Shade of Grey or, Bharat Mata’s Smothering Embrace: Ankur Tamuliphukan and Gaurav Rajkhowa

क्या यही प्यार है? कहो, कहो ना…

chinnamastabharatmata

 

 

 

 

 

 

आजकल दर रोज़ हमें बताया जा रहा है कि हम देश से प्रेम करें, राष्ट्र से भक्ति. बड़े परेशान हैं आज के शासक हमं जैसों की करतूतों से. जोश में आ कर कुछ भी बड़बड़ा देते हैं : कभी आज़ादी की बात करते हैं, कभी काशमीर की. कभी जातिवाद से छुटकारा चाहीए, तो कभी पूँजीवाद से. ऐसा लगता है हम न भक्ति जानते हैं, ना प्रेम. तो चलीए, भक्ति ओर प्यार, राष्ट्र ओर देश: इन चारों संज्ञाओं का विश्लेषण कीया जाए.

पहला प्रस्ताव: भक्ति में मिला हुआ है डर; प्यार के साथ चलती है रज़ामंदी.

प्यार मासूम नहीं होता. बच्चे प्यार ज़रूर करते हैं, पर प्यार बड़ों का खेल है. प्यार करना जोखिम भरा काम है दोस्त. ख़तरे की खाई है प्यार. क्योंकि डर लगता है कि जिससे हम प्यार करते हैं, वह हम से फ़क़त दोस्ती जताना चाहता है. “Let’s just be friends.”है इस वाक्य से बड़कर कोई अनर्थ? किसी नौजवान से पूछिए जिसने काँपते हाँथों से Valentine’s card दीया, ओर वापस मिला,”Thanks.” हँसी तो फँसी नहीं, हँसी तो भंग आशाओं की शिखंडी कलेजी में घुसी. पर होता है दोस्त. होता है. क़बूल करना पड़ता है. रो कर, हस कर, दोस्तों के साथ मदहोश शाम में पुरानी फ़िल्मों के गाने बेसुरी आवाज़ में रेंक कर, सुन कर, सुना कर. जब बैंड बजती है तो गाना गाओ दोस्त. गोली मार कर प्यार तो करवाया नहीं जा सकता. Continue reading क्या यही प्यार है? कहो, कहो ना…

‘Feeling Seditious’: March on Parliament to #StandwithJNU

For the third time within a span of two weeks since the middle of February, thousands of people came out on the streets of Delhi to express their solidarity with the detained students of JNU (Kanhaiya Kumar, Umar Khalid and Anirban) and to voice their anger with the venal Modi regime.

Protest demonstrations (at least in northern India) tend to have something of the monotonous in them, the same cadence, the same rhythm and the same wailing, complaining tone. They tend to have an air of events staged by the defeated, for the defeated. But if we take the last three big protests in the city, and the many gatherings in JNU in the last two weeks or so,  as any indicator of what the pulse of our time is, we will have to agree that there has been a qualitative transformation in the language, vocabulary and  affect of protests. This afternoon, like the afternoon of the 18th (the first big JNU solidarity march), and of the 23rd of February (the Justice for Rohith Vemula March), was as much about the joy of togetherness and friendship as it was about rage and anger.

Continue reading ‘Feeling Seditious’: March on Parliament to #StandwithJNU

Consolidated Solidarity Statements in Support of JNU

JNU Solidarity Poster

Kafila posted a set of solidarity statements recently in support of the students, faculty and autonomy of JNU. We are posting another set, received from the following organisations:

  1. First-Decade JNU Graduates and Other Graduates – 548 signatories.
  2. Faculty, Staff and Students at the Indian Institute of Management, Bangalore.
  3. California Students and Faculty. California, U.S.
  4. Current Fellows of the Jawaharlal Nehru Institute of Advanced Study, JNU, Delhi.
  5. Colorado College, Colorado, U.S.
  6. Faculty at DePaul University, Chicago, U.S.
  7. Faculty, Students and Staff, Brown University, Rhode Island School of Design (RISD) and University of Rhode Island, Providence, U.S.
  8. McGill and Concordia Universities, Canada.
  9. Canadian Academics from Various Universities.

Please click on Read More below for the statements and signatories:

Continue reading Consolidated Solidarity Statements in Support of JNU

जेनयू की सफाई पर स्मृति ईरानी की सफाई: नियति शर्मा

Guest post by NIYATI SHARMA

लोकसभा में स्मृति ईरानी जी की सफाई उर्फ़ भाषण बहुत भावुक, मनोरंजक और प्रभावशाली था। लोग उन्हें ‘आयरन लेडी’ का खिताब दे रहे हैं- यह उनके तर्क के लिए या उनके तेवर के लिए, या फिर उनके यह कहने के लिए की वो अपना सर काट के मायावती जी के चरणों में रख देंगी, पता लगाना थोड़ा मुश्किल है । सोचा था स्मृति जी कुछ सवालों का जवाब देंगी पर असल में मिली एक लम्बी, मेलोड्रामाटिक सफाई जिससे उन्होंने अपनी सरकार की सारी गलतियों पे पर्दा डाल दिया।ऐसी स्तिथि में हम मजबूर हो गए हैं की स्मृति जी से जो सवाल पूछे जाएँ वो तथ्य-सम्बंधित होने के साथ साथ अति भावनात्मक भी हों।

स्मृति जी के अभिनय के सारे सालों का अनुभव उनके भाषण में साफ़ दिखाए दिया। लोकसभा में स्मृति जी के हाव भाव से आक्रोश टपक रहा था पर क्या उन्हें इतना क्रोधित होने का हक़ है? स्मृति जी का यह मानना है की उनके ऊपर काफी बेबुनियादी आरोप लगे हैं, पर यह मामला स्मृति ईरानी जी के बारे में नहीं है, यह मामला उन मासूम छात्रों के बारे में है जिनकी ज़िन्दगी को उन्होंने दांव पर लगा दिया है। आखिर उन ‘बच्चों’ का क्या जिनके ऊपर उन्होंने और उनकी सरकार ने पिछले कुछ दिनों में अनगिनत आरोप लगाये हैं? स्मृति ईरानी जी तो मंत्री हैं, अगर आरोप लगे भी, तो उनकी ज़िन्दगी बर्बाद नहीं होगी, पर जिस क्रूरता से सरकार और मीडिया ने छात्रों का चरित्र-हनन किया, वह कभी भी इससे उभर नहीं पाएंगे। कन्हैया, उमर और अनिर्बान न ही मंत्री हैं जिनके पास कोई राजनैतिक सहारा है और न ही उनके परिवार इतने धनी हैं की वह अपना जीवन, अपनी इज़्ज़त पुननिर्मित कर पाएं। स्मृति जी, आप तो सिर्फ अपने बारे में सोच रही थीं की आप पर और आपकी परफॉरमेंस पर क्या क्या सवाल उठाये गए, क्या आपने एक बार भी सोचा की इन छात्रों के पास आगे ज़िन्दगी में सफाई देने का कोई मौका नहीं होगा? क्या आपने, माँ होने के नाते, यह सोचा की यह छात्र अब कभी भी साधारण जीवन नहीं जी पाएंगे?

Continue reading जेनयू की सफाई पर स्मृति ईरानी की सफाई: नियति शर्मा

Jat Quota Stir and Violence in Haryana: Satendra Kumar

This is a guest post by SATENDRA KUMAR

 

jaat-protest--_647_022016112612
IMAGE COURTESY: INDIA TODAY

There is an uncanny academic public silence over the Jat quota stir and the unjustified violence enacted during the stir in Haryana. The scale of violence and destruction is such that it competes for the worst instance of caste violence in Haryana’s post-Independence history. So far 30 people have lost their lives while over 200 people were injured in the nine-day violent Jat agitation demanding job quotas in Haryana. There is anger, fear and helplessness among those who lost their kin, homes, businesses and properties.At least 10 Haryana districts were severely affected by the violence. After such a huge loss, as if it was a routine, matter the Union Home Minister announced that a committee led by M Venkaiah Naidu will examine the demand by Jats for reservation in central government jobs.

In Haryana, the BJP’s government in the state has promised to bring a Bill granting OBC status to Jats in the upcoming assembly session. The Jats’ demand for reservations in the central OBC list is not new. Since 1995, Jats in Haryana have been demanding an OBC (Other Backward Class) status, which will help them secure the 27 per cent reservation in government jobs. Earlier in 1997, the Jats in Haryana, Uttar Pradesh and Madhya Pradesh had demanded themselves to be included in the central OBC list. It was rejected by the National Commission for Backward Classes. Subsequently UPA government’s decision to include Jats from 9 states in the OBC list was also rejected by the Supreme Court in March 2015. Despite all this, political parties such as Congress and BJP continue promising quota to Jats during election campaigns. These promises have encouraged the Jats to organize and agitate for quotas. However, their agitations for reservations have not been so violent. That is why the most pressing and important question that needs analyses is why has the current agitation by Jats been so violent? Perhaps three factors will help us to understand this severe violence and loss of property worth crores of rupees.

Continue reading Jat Quota Stir and Violence in Haryana: Satendra Kumar

JNUSU Statement of Thanks for Global Support and Call for International Day of Protest and Action in Solidarity with Students in India on 2nd March 2016 : Shehla & Rama Naga (JNUSU)

Guest Post by Shehla (Vice-President, JNUSU) and Rama Naga (General Secretary, JNUSU)

To all Friends (in Delhi, India and the World) who have Supported the Struggle of JNU students and students elsewhere in India  in the past few weeks.

Thank you for your message of solidarity. In this hour of unprecedented attack on us, what has been a source of great strength are messages like these, which we have pasted all over the Administration Building. We have not been able to respond to each message because of being extremely overburdened. However, we are writing back today, in order to update you regarding the status of the struggle, and with a call to action on the 2nd of March, 2016 in your city.

Call for Global Day of Protest and March to Parliament for JNU - March 2nd, 2016
Call for Global Day of Protest and March to Parliament for JNU – March 2nd, 2016

Continue reading JNUSU Statement of Thanks for Global Support and Call for International Day of Protest and Action in Solidarity with Students in India on 2nd March 2016 : Shehla & Rama Naga (JNUSU)

Statement by JNU Faculty on Bar Council of India Report on Patiala House events of February 15 and 17, 2016.

In a shockingly partisan statement that blatantly misrepresents events, the Bar Council of India has issued a report that justifies the well documented attacks by a mob of lawyers on JNU students, teachers and media at Patiala House Courts over two days (February 15 and 17, 2016) as ‘a reaction to the incidents, which are grave in nature and very dangerous for the country’. BCI Joint Secretary Ashok Kumar Pandey claimed that a large number of JNU teachers and students and others had arrived at the court in three to four buses and raised slogans and used ‘provocative words’. This led to the untoward incident in which ‘both the sides took part,’ said the report, adding that ‘any true citizen or a lawyer of India’ was supposed to react strongly to the ‘anti-India’ slogans.

We, the undersigned faculty members of Jawaharlal Nehru University, wish to set the record straight. Nine of us reached Patiala House Court No 4 between 1 and 1.15 pm on 15th February 2016 to attend the hearing on Kanhaiya Kumar’s bail plea. The sole objective of our presence there was that when Kanhaiya Kumar was produced he would see the faces of his teachers in the courtroom. At that time, a few students and other teachers of JNU, and some members of CPI, the parent organization of Kanhaiya’s student group, were already waiting silently outside, similarly wanting him to see friendly and familiar faces when he was produced. There were about 15 to 20 of them, hardly enough to fill 4 cars, let alone one bus.

Continue reading Statement by JNU Faculty on Bar Council of India Report on Patiala House events of February 15 and 17, 2016.

Chalo Dilli! Report on 23 Feb Protest March for Rohith Vemula: Saagar Tewari

This is a guest post by SAAGAR TEWARI

Rohith Protest 3

rohith-vemula-protest 4
IMAGES COURTESY: INDIAN EXPRESS

The call for a protest rally by the Joint Action Committee for Social Justice, constituted in the aftermath of Hyderabad Central University research student Rohith Vemula’s suicide galvanised large number of students and activists on 23rd February. On a bright sunny day, thousands descended on the streets of central Delhi marching from Ambedkar Bhawan to Jantar Mantar. The attendance was perhaps lower and the organization less cohesive than the JNU protest rally of 18th February. However, it trumped its predecessor in terms of attracting a far-wider political cross-section of the voices openly choosing to dissent against the current ruling establishment. The protestors proudly displayed anti-Brahmanism banners, flags, badges (featuring excerpts of Rohith’s suicide note) and even a radical inversion of Modi-style masks (featuring Rohith Vemula’s smiling face) thereby signaling that the same youth-brigade which was instrumental in BJP’s rise to political power in 2014 has started turning against it.

Continue reading Chalo Dilli! Report on 23 Feb Protest March for Rohith Vemula: Saagar Tewari

Judicial Indiscipline or a Cry for Help – The Interim Stay Order of Justice Karnan: Amita Dhanda

This is a Guest Post by AMITA DHANDA

Justice Karnan a sitting judge of the Madras High Court was transferred from Madras to Kolkatta to resolve the administrative logjam between Justice Karnan and the Chief Justice of the Madras High Court. 21other judges of the High Court also complained that it was difficult to work with Justice Karnan. The soft solution did not yield the desired result as the transferred judge invoked his alleged judicial power and pronounced an interim stay of his own transfer order. The stay he ruled would hold until the Chief Justice of India filed a written statement explaining the transfer order, which he contended was in breach of a 1993 judgement of the Supreme Court. The Supreme Court punctured this defiance by asking the Chief Justice of Madras High Court not to allocate any judicial work to the Judge. The judicial crisis has passed but the administrative and human challenge remains.

How should we as citizens view this exchange? How should this incident be understand by us? One way of looking at the episode is through the legal lens of constitutionality, due process and jurisdiction. The other is to perceive the lived reality of a Dalit judge when elevated to the higher judiciary. An analysis of the incident, only vis a vis the requirements of the law, would not provide even a working hypothesis on what caused Justice Karnan to adopt a course of action, which many would perceive as suicidal for his career. The eccentricity explanation, which is doing the rounds, conveniently escapes the matter of caste discrimination. Consequently, this piece firstly examines the manner in which existing law speaks to Justice Karnan’s decision; then dwells on the question of caste discrimination and lastly cogitates on possible ways of addressing this all pervasive discrimination.

Continue reading Judicial Indiscipline or a Cry for Help – The Interim Stay Order of Justice Karnan: Amita Dhanda