Category Archives: Law

Centre watch, Debates, Government, Law, Media politics

Unpacking India’s Internet Censorship Debate

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Recent debates on Internet censorship in India have focused to the allegedly free-for-all nature of the internet. Those of us who have argued against internet censorship have been somewhat misrepresented as arguing for absolute freedom whereby the reasonable restrictions laid down in Article 19 (A) of the Constitution of India don’t apply. Nothing could be farther than the truth.

It has been said that the internet can be used to incite violence, particularly inter-communal violence, and there needs to be a mechanism to prevent that. Communications minister Kapil Sibal wants internet giants to “self-regulate” for this reason, denying that he wants to censor political dissent on the internet. Following on the heels of his expression of such concern in December 2011, Mufti Aijaz Arshad Qasmi and journalist Vinay Rai filed cases against various internet companies for similar material that is religiously offensive.It needs to be pointed out, however, that the cases filed by Qasmi and Rai are under the Indian Penal Code and do not even invoke the Information Technology Act. So if the Indian Penal Code can be used against religiously offensive material why do we need any new mechanism to “regulate” or even “self-regulate” the internet? Continue reading Unpacking India’s Internet Censorship Debate →

Bad ideas, Centre watch, Government, Law

Freedom in the Cage: Photos from a protest against internet censorship in Delhi

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These photographs were taken at Delhi’s Jantar Mantar on Sunday, 22 April, by MUKUL DUBE. This protest was organised by the Aseem Trivedi led Save Your Voice campaign against India’s IT Rules 2011 that, as has been explained earlier on this blog, are a set of procedures that are already causing internet censorship in India bypassing the right to legal remedy and natural justice. Trivedi’s website, http://www.cartoonsagainstcorruption.com, was taken down by its domain registrar and he was not even informed in advance, thanks to these rules. The Rajya Sabha, upper house of the Indian Parliament, will debate these rules any time between 24 April and 9 May. You can urge all Rajya Sabha MPs to vote for the motion in a petition here or write directly to Rajya Sabha MPs from your state, in just a few clicks, here.

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Bad ideas, Capitalism, Centre watch, Everyday Life, Government, Law, Technology

Press Release Against IT 2011 Rules

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PRESS RELEASE

The notification of the Information Technology (Intermediaries Guidelines) Rules 2011 in April 2011 has resulted in the creation of a mechanism whereby intermediaries (such as Google, Facebook, Yahoo, etc) receive protection from legal liability in return for trading away the freedom of expression and privacy of users.

The Rules demand that intermediaries, on receiving a complaint that any content posted online is considered grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner, have to disable the content within 36 hours of receipt of complaint. The rules also require the intermediaries to provide the Government agencies information of users without any safeguards.
Continue reading Press Release Against IT 2011 Rules →

Bad ideas, Centre watch, Government, Law, Technology

What’s up with India’s IT Rules?

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The IT Rules of 2011 will come up for discussion in the Rajya Sabha very soon under an annulment motion.

Urge all Rajya Sabha MPs to vote for the motion in a petition here or write directly to Rajya Sabha MPs from your state, in just a few clicks, here.

Here’s an FAQ on the IT Rules by SFLC.in and here’s an analysis of the rules by PRS Legislative Research.

Bad ideas, Centre watch, Government, Law, Technology

Rajya Sabha to consider repealing Kapil Sibal’s IT Rules

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When the Parliament’s budget session re-opens on April 24, the Rajya Sabha will vote on an annulment motion against the IT Rules promulgated in April 2011 that provide for “intermediaries” to remove the online content they are asked to by anyone. The motion has been moved by P Rajeeve, Rajya Sabha member from the Communist Party of India-Marxist.

Speaking on the phone from Thrissur, Rajeeve said, “The IT Rules go against the Fundamental Rights of the Constitution and against the principles of natural justice which are the foundation of our criminal justice system. The rules ask intermediaries to remove content without giving the content owner an opportunity to defend it. They will cause private censorship.”

The Left parties have decided to back the motion and efforts are on to mobilise members of Parliament across party lines. If the motion is accepted by the Rajya Sabha, it will be sent to the Lok Sabha, probably in the monsoon session. Continue reading Rajya Sabha to consider repealing Kapil Sibal’s IT Rules →

Bad ideas, Centre watch, Empire/ Imperialism, Frontiers, Law

Why does Ratan Tata have a diplomatic passport?

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Update: Tata Sons has clarified that Mr Ratan Tata does not hold a diplomatic passport. See comments section.

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Is he an Indian diplomat?

“After all, you have given Ratan Tata a diplomatic passport. He always travels with the red passport,” the American continued.

[…]

The American told him that he had once travelled first class with the industrialist, he had seen Tata’s diplomatic passport and when they both alighted at New York, Tata went to the special immigration enclosure for diplomatic passport-holders .

When S.M. Krishna became external affairs minister in May 2009, one of his earliest discretionary decisions was to issue a diplomatic passport to Tata, recognising his emergence as a global investor and industrialist who has to travel extensively worldwide, some of those trips on behalf of the government or representing his country. [KP Nayar]

And that is not the only shocking thing there. There’s also the revelation that the Maharashtra government allowed an American government group to fly out without security check!

The Indian state is India’s biggest embarrassment.

Centre watch, Frontiers, Law, Violence/Conflict

क्या खलील चिश्ती अपने जीवन में पाकिस्तान वापिस जा पाएंगे?: आशीष महर्षि

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आशीष महर्षि
पी.यू.सी.एल. के सदस्य डॉक्टर खलील चिश्ती को बैल मिलने के बाद उनके साथ
बीस साल बाद भले ही डॉक्टर खलील चिश्ती खुली हवा में सांस ले रहे हों लेकिन उन्हें अभी भी सरकार की दया की दरकार है। उम्र के ८क् बरस गुजार चुके डॉ. खलील अब अपने वतन लौटना चाहते हैं। खलील साहब की जमानत भले ही हो गई हो लेकिन उन्हें और उनके परिवार को इंतजार है संपूर्ण रिहाई का। Continue reading क्या खलील चिश्ती अपने जीवन में पाकिस्तान वापिस जा पाएंगे?: आशीष महर्षि →
Centre watch, Government, Identities, Law

After extracting US apology over Shahrukh Khan, the Indian Government owes several apologies too: JTSA

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This release comes from the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

15th April 2012

After extracting US apology over Shahrukh Khan, the Indian Government owes several apologies too

The Indian government has rejected the ‘mechanical apology’ being offered by the US for detaining the super star Shahrukh Khan at the airport for 90 minutes too long. The US Deputy Chief of Mission has been summoned, and institutional mechanisms to ensure that there is no repeat of such an incident.

Now, may we ask the hyper active and sensitive Indian government to tender apologies—and genuine apology please, not a mechanical one—for detaining (illegally), incarcerating, torturing—in short, destroying and tearing apart the lives of hundreds of its own citizens in supposedly fighting terror.

  1. The government could do well by starting with apologizing to Md. Amir Khan, who has spent half his life in prisons before 17 of the 19 blasts cases in which he was accused, fell apart because there was simply no evidence against him. Could someone please say sorry to him: for a lost childhood, for his grief-crazed mother’s paralysis, for his heartbroken father’s early death, for his broken, crumbling home. Continue reading After extracting US apology over Shahrukh Khan, the Indian Government owes several apologies too: JTSA →
Centre watch, Frontiers, Government, Law, Violence/Conflict

India must reciprocate Pakistan by sending back Dr. Chishty and Pakistani fishermen

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This is a statement put out by some of us; names of signatories is given at the end

We, the undersigned, welcome the decision of Pakistan government to release 26 Indian fishermen on humanitarian grounds. They were in Pakistani prison for more than two years for allegedly violating territorial border. The Pakistani gesture came in the background of a meeting, which took place in New Delhi, between the Indian Prime Minister Manmohan Singh & the Pakistani President Asif Ali Zardari on last Sunday. The poor Indian and Pakistani fishermen find it extremely difficult to recognize other country’s territorial border in the mid-sea.

We appeal to the Government of India to reciprocate Pakistani gesture by sending Dr. Khaleel Chishty and Pakistani fishermen back home. This will be a major confidence building measure. It will help in creating a conducive atmosphere in taking forward peace process. Continue reading India must reciprocate Pakistan by sending back Dr. Chishty and Pakistani fishermen →

Bad ideas, Centre watch, Government, Law

Support the annulment of IT Rules 2011, protect internet freedom in India

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Given below is the text of a petition put out by SFLC.in. You can sign it here. Do urge others to sign it too. Please also consider writing directly to your or any or all Members of Parliament urging them to annul IT Rules 2011. You can read SFLC.in’s very brief primer on the IT Rules here. The web address www.IT2011.in also redirects you to the petition page.

Image credit: Aseem Trivedi / saveyourvoice.in. Please consider making this image your Facebook 'cover' picture or Twitter background image or your blog header till the end of April.

Dear Member of Parliament,

The Constitution of India praovides the citizens of this country the fundamental right to freedom of speech and expression subject to reasonable restrictions as laid down in the Constitution itself. Now, with the spread of the Internet and the availability of tools like blogs and social networks we are able to enjoy this freedom to the fullest and have a true participatory democracy.

You, as legislators recognised the importance of intermediaries like Google, Facebook, Twitter and Internet Service Providers for e-commerce as well as for free expression, helping us to express ourselves and provided them protection from any legal liability that could arise out of content generated by users. Such a protection provided in the Information Technology Act, 2000 was important for these intermediaries to operate freely without threats of frivolous legal action. Continue reading Support the annulment of IT Rules 2011, protect internet freedom in India →

Excavation, Government, Language, Law, Violence/Conflict

My name is Mirza Asadullah Beg Khan ‘Ghalib’ and I am not a terrorist!

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Image from http://www.the-south-asian.com

Update: If you’re on Twitter please help make #Ghalib trend @ Twitter India – Tweet his sher’s!

That is what it has come down to. DNA reports that according to Maharashtra police, a Ghalib couplet on a piece of paper is proof the Students Islamic Movement of India is into the business of mass violence:

Of the several affidavits — filed in court asking for the ban on the group to continue — accessed by DNA, one by inspector Shivajirao Tambare of Vijapur Naka, Solapur, cites a Ghalib verse — as part of evidence — to show how dangerous SIMI (Students Islamic Movement of India) is.

Mauje khoon ser se guzer hi kiyon na jay, Aastane yaar se uth jaein kaya! A loosely translated Marathi version in the affidavit concludes that these lines speak of bloodshed and animosity. Continue reading My name is Mirza Asadullah Beg Khan ‘Ghalib’ and I am not a terrorist! →

Frontiers, Law, Mirror Worlds

On the Supreme Court granting bail to Dr Khaleel Chishty: PUCL statement

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Given below is the statement of the PEOPLE’S UNION FOR CIVIL LIBERTIES on the Supreme Court’s decision yesterday to grant bail to Dr Khaleel Chishty. Given below the statement is the full text of the court order

The PUCL is extremely relieved that the SC decided to set free from the Prison 80 year old Dr. Khalil Chishty serving a life sentence in Ajmer Central Jail for a murder case. This is an extremely significant step but not sufficient as bail for Dr. Chishty as seen earlier when the trial was underway for 19 years, was like house arrest. he had to report regularly to the police and could not step out of his house and area. We hope that the next step of sending Dr. Chishty back home happens soon as it would be better for all that we send him back alive, when he can be with those who care for him and love. The PUCL appreciates the wisdom of the Supreme Court for this judgement.
While Judicial remedy would be pursued in the Supreme Court, we would like to remind all that the executive remedy as provided in the Indian Constitution of President and the Governot of a State granting Mercy to an individual at any stage of the judicial process, was stalled by the Governor of Rajasthan, who despite being recommended twice by the Chief Minister of Rajasthan that Dr. Chishty be pardoned, the Governor only let the file gather dust. Continue reading On the Supreme Court granting bail to Dr Khaleel Chishty: PUCL statement →
Excavation, Law, Violence/Conflict

The Case That Never Was: A JTSA Report on the ‘SIMI’ Trial of Jaipur

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In September 2001, the central government banned Students Islamic Movement of India (SIMI) through a notification. Since then, the ban has become a convenient pretext for the police and investigative agencies to arbitrarily pick, detain and then arrest and frame Muslim youth, ostensibly on charges of carrying on the activities of the banned organization. Sections 3, 10, 13 of Unlawful Activities Prevention Act (UAPA 1967) have been invoked against scores, if not hundreds of Muslim youth across the country. Some of these men had been active in SIMI prior to its ban; some had outgrown the organization because they had crossed 30 years—the age limit for membership in the organization; some were guilty of having acquaintances, friends or relatives who had been involved or had been office bearers in SIMI.  On most occasions, the cases against former members or purported activists of SIMI have rested on seizure of banned literature, namely copies of magazines published by SIMI before the ban. The flimsiness of evidence –and the sketchiness of charges— has resulted in dozens of acquittals; but equally true is the fact that the overwhelming nature of the ‘war on terror’ discourse and its institutional structures has allowed the conviction of many even in face of glaring lack of evidence.

The JAMIA TEACHERS SOLIDARITY ASSOCIATION (JTSA) profiles here one such case, which came to be known as the Jaipur blasts case, even though the accused were not charged with either conspiracy or execution of bomb blasts in Jaipur in 2008.  So what were these men guilty of? According to the FIR and chargesheet, they were responsible for carrying out activities of the banned SIMI.  How and why did these men come to be identified with the Jaipur blasts? Theirs is a terrible and tragic tale of frame up by the Rajasthan police.  It is above all testimony to the employment of UAPA against alleged or former members of SIMI and of the manner in which rule of law is subverted, violated and discarded as soon as the ‘T’ word is uttered.

Download the full report here (.pdf, 1.1 MB, 36 pages).

Everyday Life, Government, Law, Politics, Violence/Conflict

My Days in Tihar Jail

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Mrs Gandhi, the then Prime Minister of India, represented the Rai Bareli seat in the Lok Sabha. On 12th June 1975 she was unseated on charges of election fraud and misuse of state machinery in a landmark judgement by Justice Jagmohan Lal Sinha of the Allahabad High Court.  Fakhr-ud-Din Ali Ahmad, the then President of India, declared internal emergency on the 25th of June,  on the recommendation of a pliable cabinet presided over by Mrs G. The people of India lost all civil liberties for a period of 21 months.

Trade unions were emasculated, political opponents were arrested, newspapers censored, the only place where a semblance of freedom survived, for a short while, were the universities, most were in turmoil and were being singled out for special attention. Students unions were being banned and activists were being picked up and thrown in jail.

Continue reading My Days in Tihar Jail →

Countryside, Government, Law, Politics, Violence/Conflict

सत्ता और हिंसा : बद्री नारायण

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बद्री नारायण का यह लेख लखनऊ के एक हिंदी अख़बार को दिया गया था पर उन्होंने छापने से मना कर दिया.

शक्ति अपने संस्थागत रुप में सत्ता में तब्दील हो जाती है। सत्ता अपने मूल अर्थ में भय एवं हिंसा पर टिकी होती है। सत्ता का अभ्यांतरिकरण हो या सत्ता का प्रतिरोध, दोनों ही अर्थो में हिंसा उसके सह उत्पादक के रुप में दिखाई पड़ती है। जनतंत्र को एक ऐसी प्रक्रिया के रुप में परिकल्पित किया गया था जो सत्ता को उसके हिंसक पक्ष से मुक्त कराके सेवाभाव के एजेन्सी के रुप में सक्रिय रखे। यह माना जा रहा था कि जनतंत्र सत्ता को रेशनालाइज कर उसे सेवा-भावि प्रशासकीय स्वरुप में तब्दील कर देती है। यह काफी कुछ हुआ भी किन्तु अपने कार्य-प्रक्रिया में इस जनतांत्रिक समय में भी सत्ता हिंसा को उत्पादित करते रहने वाली शक्तिस्रोत के रुप में सामने आई है। सत्ता पहले अपने भीतर अपने ही कारणो से क्राइसिस को जन्म देती है, फिर उससे उबरने के लिए हिंसा रचती है। बंगाल, झारखण्ड, आन्ध्र के जंगलों में पहले तो बाजार शासित विकास के तहत आदिवासी जीवन के संसाधनों पर कब्जा कर उन्हे बहुराष्ट्रीय कम्पनियों को बेचना, फिर उसके विरोध में आदिवासी जनता का नक्सलवादी विचारों एवं नेतृत्व में हिंसक प्रतिरोध का बढ़ते जाना, पुनः उसे दबाने के लिए राज्य द्वारा की जाने वाली ज्यादा आक्रामक एवं खुंखार हिंसा को इसी रुप में देखा जा सकता है। Continue reading सत्ता और हिंसा : बद्री नारायण →

Centre watch, Government, Law, Movements, Politics

Happy Kapil Sibal’s Day

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Aseem Trivedi is a cartoonist in Kanpur. Or was. He has, for some months, been a full-time activist against internet censorship in India. As 2011 was turning into 2012, the Maharashtra police got his domain registrar to suspend his domain, http://cartoonsagainstcorruption.com, which was in support of the Anna Hazare-led Lokpal movement. His website wasn’t blocked, but the domain name suspended – the equivalent of shutting down a printing press. This was done in no time, and he wasn’t given an opportunity to defend his content. This was done thanks to the IT Rules 2011, a simple FAQ about which can be found here. Today, 1 April, Trivedi celebrated “Kapil Sibal’s Day,” calling the Communications minister the fool that he is. In the image below, taken at Delhi’s Rajghat today, Trivedi is standing on the extreme right. For more on Trivedi’s campaign, see http://www.saveyourvoice.in.

Hindi Press Release:

पुलिस प्रशासन के अवरोध के बावजूद राजघाट पर मनाया गया सिब्बल्स डे, पहुचे ब्लोगर्स और सोशल एक्टिविस्ट
1 अप्रैल के दिन पर राजघाट पर सेव योर वाइस की टीम ने आईटी मिनिस्टर कपिल सिब्बल को प्री सेंसरशिप पर दिए गए उनके बयानों के लिए  मूर्ख दिवस की शुभकामनाएं दीं. राजघाट परिसर में बड़ी संख्या में पुलिस बल, आईबी, सीआईडी और सीबीआई के लोग मौजूद थे और सेव योर वाइस के सदस्यों को बापू की समाधि पर जाने से रोका गया. केवल कुछ गिने चुने लोग ही चुपचाप राजघाट पर पहुच पाए. पुलिस ने पूर्व अनुमति होने के बावजूद सिब्बल दिवस का आयोजन नहीं होने दिया. कारण पूछने पर उच्चस्तरीय आदेशों का हवाला दिया गया और कहा गया कि उन्हें पीएमओ . और आईटी मिनिस्ट्री से आदेश दिए गए हैं. काफी गहमागहमी के बाद टीम के सदस्य राजघाट के बाहर समता स्थल पर एकत्र हुए.  Continue reading Happy Kapil Sibal’s Day →
Genders, Identities, Images, Law, Sex

Nigah statement condemning the shutting down of Sunil Gupta’s exhibition ‘Sun City & Other Stories’

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This statement has been put out by NIGAH

On Friday, March 23 2012, Sunil Gupta’s photographic exhibition ‘Sun City & Other Stories’ opened at the Alliance Francaise in Delhi. That evening itself, plainclothes men of the Delhi Police from the Tughlaq Road Police Station arrived at the show and ordered the removal of numerous photographs. In the chaos that followed, the photographs were removed by the Alliance Francaise under the ‘supervision’ of the Delhi Police and the exhibition was closed for the evening. The next day, the Alliance Francaise informed Sunil -via a third party – that the entire show would be shut down.

Why did this happen? On that day itself the Delhi Police said that someone had called the emergency police hotline, and complained to the Delhi Police about this exhibition which, according to the complainant, was ‘against Hindu culture’. Another version of events, also produced by the Delhi Police, claims that they received a complaint at the Tughlaq Road Police Station from someone who had made a video of the exhibition, complaining about the nudity in the photographs. Continue reading Nigah statement condemning the shutting down of Sunil Gupta’s exhibition ‘Sun City & Other Stories’ →

Centre watch, Empire/ Imperialism, Frontiers, Identities, Law, Violence/Conflict

Will Sri Lanka now get on with the job?: Kusal Perera

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Guest post by KUSAL PERERA

Its now post-Geneva in Sri Lanka. Prime Minister of neighbouring Bharat Ganarajya, the Republic of India, Dr. Manmohan Singh thus wrote to His Excellency the President of Sri Lanka on 24 March, to say, “Your Excellency would be aware that we spared no effort and were successful in introducing an element of balance in the language of the resolution”  and the Indian delegation to the UNHRC had been advised to keep close contact with its Sri Lanka counterparts “in an attempt to find a positive way forward”. The implied message is that New Delhi played its role to hook Sri Lanka to a US sponsored resolution in Geneva, over post war reconciliation and rehabilitation and on accountability during war.

The resolution in short, requires the SL government to, Continue reading Will Sri Lanka now get on with the job?: Kusal Perera →

Bad ideas, Countryside, Debates, Law

Kerala and Kudankulam: The Media Sleeps

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It is amazing how the very same Malayalees and their media, which made Mount Everest out of that molehill of Mullaperiyar, remain sweetly calm in comparison at the events unfolding in Kudankulam. In fact the amnesia is so complete that it is as if few remember (except the anti-nuclear activists in Kerala who have been consistently supporting the struggles of the local people) that it was common knowledge in the late 1980s that the plant would affect both Tamil Nadu and Kerala.There was far greater awareness of the special problems of locating the plant in Kudankulam for Kerala, where natural radiation levels are already very high. The violence too had an early start, with the police firing on a people’s rally against the plant in 1989, which killed one person.

Continue reading Kerala and Kudankulam: The Media Sleeps →

Countryside, Government, Identities, Law, Violence/Conflict

Will Naveen Patnaik please wake up to atrocities against Dalits in Odisha?

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This memorandum was submitted on 22 March 2012; see full list of signatories at the end

A Memorandum of Demands Seeking Chief Minister’s Immediate Intervention to stop the Ongoing Brutal Atrocities/ Crimes against Dalit Communities in Odisha

Date: 22/03/12

Dear Sir,

We, the undersigned victims of human rights violation, representatives of various mass organisations, Non-Governmental Agencies, Community Based Organisations, Human Rights Activists, journalists and citizens belonging to the marginalised communities would like to draw your attention to the ongoing atrocities against Dalit Communities in Odisha. Continue reading Will Naveen Patnaik please wake up to atrocities against Dalits in Odisha? →

Bad ideas, Genders, Language, Law, Movements, Politics

Does democracy stop at the doorstep of the women’s hostel?

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This appeal comes to us via MAYA JOHN

Friends,

Since January of 2012, residents of Delhi University’s largest postgraduate women’s hostel, University Hostel for Women (UHW) have been waging a battle against outright suppression of their democratic rights by, both, their hostel authorities and the University’s Proctorial Committee. Since the hostel’s Chairperson is also the Proctor of the University, the Proctorial Committee has been intervening in the matter, not as a neutral party, but in complete connivance with the hostel authorities. There are two issues which are central to the ongoing struggle of the women students, namely, the imposition of a union constitution by the authorities, and the existence of archaic and conservative rules in the hostel.

Continue reading Does democracy stop at the doorstep of the women’s hostel? →