Category Archives: Law

The Survey Unfolds

Guest post by SHVETA SARDA

lnjp1

Between 26 February, when it started and 6 March, yesterday, the survey of 220 houses has been completed in LNJP. There are roughly 1000 houses left to be covered. From the groundwork done end of last week by a group young women and men residents of LNJP, documents of many have been put in order, and the encounter with the survey teams this past week was much more confident. Continue reading The Survey Unfolds

When it’s not defamation

In the context of the ongoing discussion on defamation and the Indian internet space, it may be useful to point out that an act of criticism has ten defences before it can be called defamation and the speaker/writer be sentenced to simple imprisonment for two years. Continue reading When it’s not defamation

The Arrest of Shamim Modi at Industrialists’ Behest

Activist Working for Rights of Tribal People Arrested

Ms Shamim (nee Meghani) Modi, a law graduate working among the tribals in Betul district, Madhya Pradesh, has had to pay a heavy price for taking up the cause of tribal people and other industrial workers. Shamim, who works with the Samajwadi Jan Parishad (an organization of socialist-Gandhian orientation) has been put behind bars in Hoshangabad jail for exposing the corrupt nexus between politicians and the mining mafia.  She was arrested in gross violation of democratic rights on 10th February 2009 from her residence at Harda, M.P. The process of attempting to secure bail from M.P High Court is now on.

The arrest was made on false charges, one of instigating tribals to ‘attack forest officials’ and another of ‘kidnapping with the intention to kill’ these officials! These charges were brought against her (and her husband) two years ago in 2007. Subsequently no enquiries were conducted, and no follow-up was done but the fact that these charges hung over their heads was presumably meant to cow them down. These charges have suddenly been resurrected because the administration has been under pressure from industrialist lobbies. Earlier, the trial court had rejected her bail plea despite the fact that the person supposed to have been ‘kidnapped’ was said to be present in court and denied any such thing. Another evidence, if any was still required, of the deep nexuses of power that operate at these levels. Continue reading The Arrest of Shamim Modi at Industrialists’ Behest

Bloggers and Defamation

Justice Balakrishnan, in refusing to quash criminal proceedings against a nineteen year old blogger, says that any blogger posting material on the web should be aware of the reach of the internet and hence also be willing to face the consequences of such action. This sounds fair enough, and it would seem that if bloggers are exercising their right to freedom of speech and expression, then they should be subject to the same norms as a newspaper or magazine would, including the possibility of legal action being taken against them.

This sentiment reminds me of Anatole France’s famous statement that the law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread. The quick equation of an individual blogger with the might of a newspaper or a magazine is a little troubling. Individuals do not have the same kind of power, money or reach to be able to defend themselves in the way that newspapers may be capable of. Continue reading Bloggers and Defamation

Interview with Ragavan on Tamil Militancy (Early Years)

As the Tamil community in Lanka is at the crossroads with twenty five years of war nearing an end with the increasing marginalization of the LTTE, I would like to do a series of interviews on the social, economic and political conditions that led to the emergence of armed politics and militarization of the Tamil community.  Returning to those years in the seventies and early eighties then is an attempt to also think about ways forward out of the militarized and armed politics of the last few decades.  I intend to do a series of interviews to capture that important political period for Lankan Tamils.  This important shift in Lankan politics and the decades of war that followed it did irreparable damage to the Lankan Tamil community and all the peoples of Lanka.

I begin with an interview of Ragavan, a founding member of the LTTE, who left the movement in 1984 and has since moved to London where he lives in exile.  In this first interview, Ragavan speaks about his background and early years of militancy.

This is an interview by Ahilan Kadirgamar of Ragavan at his London home on 25 January 2009. Continue reading Interview with Ragavan on Tamil Militancy (Early Years)

Dead Hence Guilty?

“Governments have always lied. They naturally deny it, even long after it is abundantly clear that they have lied, trailing multiple red herrings, dismissing inconvenient evidence, implying that there is counter-evidence they are not free to produce. When a lie can no longer be credibly denied it is justified, usually by an appeal to the national interest. Governments of modern representative democracies are no different, even if they are more liable than dictators to be exposed.”
Colin Leys, Quoted in Socialist Register, 2006

The National Capital Region (NCR) witnessed a police encounter on the eve of the republic day. Two young men who were supposedly carrying a big cache of arms and ammunition were killed on the spot. We were told that this duo was part of a larger LeT module, which wanted to wreak havoc in the capital.
The killings of the two young men did not cause much uproar.
The police officers appeared jubilant over this episode for foiling such attempt. To blunt any possible criticism of the incident a due enquiry was also ordered by the powers that be and has even promised that it would be completed in a stipulated time.

Continue reading Dead Hence Guilty?

Beyond violence and non-violence – K Balagopal

Via Jamal Kidwai

[We are posting this piece by K Balagopal, hoping to continue our reflections on violence and non-violence in political movements. – AN]

The public arena is witness to dispirited discussion of the ineffectiveness of people’s movements, which are at the most able to slow down things, and nothing more. The discussion often turns around violence and non-violence, not as moral alternatives but as strategic options. Those who are sick of sitting on dharna after dharna to no effect are looking with some envy at violent options,
while many who have come out of armed groups find the Narmada Bachao Andolan (NBA) fascinating.

It is good that there is some openness in the matter now, for dogmatic attitudes have done considerable harm. To say that one should not be dogmatic about violence may be morally a little unsettling but it is a defensible position even without adopting a relativistic attitude towards the preciousness of life or a casual attitude towards one’s moral responsibility for injury caused in the course of a struggle. More of that in the right context. But the
discussion will unavoidably be based on assessments  of the effectiveness of the alternatives, and a distant view is likely to colour the reality with hopes and assumptions, even illusions. A realistic assessment of what each strategy has been able to achieve would better inform the debate.

The plain and stark fact is that while all strategies have been effective in curbing some injustice, none has succeeded in forcing the government to take back a single major policy in any sphere. And none has been able to reverse the trends inherent in the structures of society and economy. Yet no serious political movement or social struggle we know of is only for softening oppression or improving relief. The general understanding is that governance of the country – and may be the systemic infrastructure of society – is fundamentally wrong and needs remedying, maybe overturning. Do we know of any
effective strategy for that? I am not talking of political strategies,
but strategies of struggle that will successfully put pressure upon the State and the polity to stop them in their tracks. The struggle may be built around class or caste or any other social combination. It may in the end seek reform or the upturning of the polity. It may operate mainly or in part within the polity or keep out of it altogether. Whichever it is, the common problem is this: the experience of this country is that governments do not stop doing some thing merely because it has been demonstrated to be bad. Or even contrary to constitutional directives and goals. They stop only if going along is made difficult to the point of near impossibility. No democratic dispensation should be thus, but Indian democracy is thus. Short of that, you demonstrate the truth of your critique till you are blue in the face or shout till you are hoarse in the throat, it is all the same.

Continue reading Beyond violence and non-violence – K Balagopal

Corporate Complicity and Gujarat

The 4th ‘Vibrant Gujarat Global Investors’ Summit, organized by the Gujarat government on 12-13 January 2009 in Ahmedabad, and the statements by some prominent Indian corporate leaders, have spawned protests, analysis, debates and questions about corporate accountability, complicity, responsibility and rights in Indian democracy. At this biennial event, ‘Jai Jai Garvi Gujarat’ has been showcased as an ‘ideal investment destination, both for Indian and foreign investors’, where prospective investors have ‘only Red Carpet and no Red Tape and it is where investors can sow a rupee and reap a dollar as returns’ (see Official portal of Gujarat Government).

Bringing together business leaders, investors, corporations and policy makers by a democratically-elected government, exploring business opportunities and signing memorandum of understandings are legitimate economic activities. However, the projection of the Chief Minister of the State, Narendra Modi, as the next Prime Minister of India by corporate cheerleaders is much more than mere economic activity. It is turning a blind eye to gross abuses of rule of law, and knowingly assisting a political leader and his government to continue committing them. It is becoming party to a specific political vision in a manner that incurs responsibility and blame. Such corporate leaders thus become complicit with a government and its leader in serious human rights abuses. It is negative and unacceptable.

Continue reading Corporate Complicity and Gujarat

Are you an Al Badr militant?

CBI irked by special cell for framing 2 informers as terrorists

Fresh probe needed against two suspected terrorists: Delhi Police

CBI, Special Cell in row over terror suspects

CBI for discharge of two alleged Al-Badar terrorists

Police official hampering probe, CBI tells court

Special Cell threatening officer: CBI

Court to hear two probe agencies in framing youths as terrorists

Guantanamo and Illegal U.S. Detentions: Time for Real Change

[On the seventh anniversary of Guantanamo Bay, 11 January]

The United States detention facilities at Guantanamo Bay, Cuba – seven years old on 11 January 2009 – have become emblematic of the gross human rights abuses perpetrated by the US Government in the name of fighting terrorism. Though the U.S. President-elect Barack Obama has pledged to close down the Guantanamo Bay, there are undoubtedly substantial challenges to closing. Every day that Guantánamo is kept open is another day in which hundreds of detainees and their families are kept in the legal shadows. Distressing to the individuals concerned and destructive of the rule of law, the example it sets – of a powerful country undermining fundamental human rights principles – is dangerous to us all. It would be no less dangerous, and no less unlawful, if the USA were simply to transfer the problem it has created at Guantánamo to another locations.

Detainees at Guantanamo Bay
Detainees at Guantanamo Bay

The detention facility at Guantánamo Bay isn’t the only prison where the United States is holding detainees from the ‘war on terror.’ At Bagram Air Force Base in Afghanistan, Camp Bucca and Camp Cropper in Iraq, and many more – some known and others secret – are used to detain those captured by the U.S. military. Camp Bucca alone has at times held 20,000 prisoners, most of whom live in groups of tents surrounded by wire. Most detainees are held unlawfully, without warrant or charge, and without recourse to challenge their detention. Even when Guantánamo is closed, the need to push for detainee human rights will continue.

Continue reading Guantanamo and Illegal U.S. Detentions: Time for Real Change

Character builders of the nation

‘Na Taala Toota na tijori, Phirbhi BJP Mukhyalaya se dhai karod chori.’
(Neither the lock was broken nor the safe, yet 2.5 crore Rs were stolen from the Party headquarters.)
– An SMS which was circulated widely in the journalist community.

What is the weight of Rs. 2.5 crore if one decides to have the whole amount packed in the denomination of Rs.1,000 notes ?

It is exactly 31 kilograms.

Please do not get surprised over my correct reply. I just wanted to share few details of the ‘theft’ at the headoffice of the main opposition party namely BJP which has appeared in different newspapers.

According to the treasurer of the party there is no cause of worry and once the ‘ankeshan” (auditing) is over then only something definite can be said about it. The latest news is that amount supposedly missing from the coffers has been reduced without any further explanation. Continue reading Character builders of the nation

UAPA: Legalising the police state

Guest post by ANUJ BHUWANIA

Recently the clamour for a draconian terror bill came to fruition with rare alacrity. The Unlawful Activities (Prevention) Amendment (UAPA) Bill was introduced and passed within two days by both houses of Parliament – quite a contrast to, say, the Women’s Reservation Bill, gathering dust now for more than a decade. Coming from a government that repealed POTA soon after it assumed power, the Bill unimaginatively mimics POTA almost entirely, revealing that little has been learnt from the recent history of TADA and POTA and the problems leading to their removal. While such statutes giving extraordinary powers to the police are introduced to cater to ‘exceptional’ situations, they can easily be deployed in ‘ordinary cases’ and indeed routinely are. The bleeding of one category into the other is inevitable, when the police alone decide which is which.

Continue reading UAPA: Legalising the police state

Surrogacy Politics: Imrana Qadeer & Mary E. John

This guest post has been sent by IMRANA QADEER and MARY E. JOHN

Surrogacy is suddenly front-page news. First there was the uncertain future of baby Manji, following the divorce of her Japanese commissioning parents; then the happy pictures of an Israeli gay couple with their son born to a Bombay-based surrogate mother. India is becoming a cheap location for foreigners wanting to use ‘assisted reproductive technologies’ (ART) and local clinics are promoting surrogacy arrangements because they are seen as lucrative ventures. While there is hardly any public debate on the ethical, social, epidemiological and medical questions around infertility and surrogacy, the extremely problematic ART Regulatory Bill (2008) is being hurried through. It barely addresses important concerns and ignores national health and population norms. It permits, for instance, three surrogate pregnancies to a woman.

Continue reading Surrogacy Politics: Imrana Qadeer & Mary E. John

Rajeev Dhavan on The Unlawful Activities Prevention Act

I have asked two colleagues who have been working on civil liberties in the war against terror to do an analysis of the Amendment to the Unlawful Activities Prevention Act and the National Investigation Agency Act, and  its implications. But in the meanwhile, here is a useful analysis by Rajeev Dhavan where he describes the amendment as a return of POTA and TADA. As if to fulfill Shuddha’s prophecies, the government according to Dhavan has created a law where everyone is suspect

India’s Unlawful Activities Prevention Act (UAPA): The Return of POTA & TADA

After months in pre-trial detention under brutal investigation, the police will extract even untruths. The Bill casts a shadow on all of us. It is founded on the principle that everyone is suspicious or a suspect, with no fine distinction between the two. We are creating a suspicious state to empower suspicious officials and citizenry to act suspiciously against any supposed suspect. This Bill goes further than TADA or POTA in its creation of a suspicious state. India must fight terrorism, but the last thing India wants to be is a terrorist anti-terrorist state. – Rajeev Dhavan Continue reading Rajeev Dhavan on The Unlawful Activities Prevention Act

Your Rights End Where My Terror Begins

A phone in poll today on CNN-IBN’s Face the Nation:

Should human rights take a back-seat in favour of tougher terror laws?

65% say Yes!

Thus speaketh the great Indian middle-class- Enough is enough!

Continue reading Your Rights End Where My Terror Begins

Let Us Not Forget – South Asia Solidarity Initiative

Statement by the South Asia Solidarity Initiative (SASI) at ‘After Mumbai, Which Way Forward? A Public Dialogue’, City University of New York Graduate Center, New York, December 15th, 2008. Co-sponsored by The Center for Place, Culture and Politics, The Brecht Forum and SALAAM Theatre.

Let Us Not Forget

Like many in South Asia, we watched with anguish as nearly 180 people of different castes, classes, religions and nationalities lost their lives in the events in Mumbai that unfolded over several days. We mourn their loss in this large tragedy and condemn the perpetration of such terrible violence. We also express solidarity with those intrepid groups and individuals who have tirelessly sought to build deep-roots of social, political, economic and cultural understanding for peace and justice in South Asia.  At this moment, we call for reflection on recent histories of South Asia and the world.  Hence lessons may be drawn, collective action contemplated and spaces of hope created from the debris of despondency. Continue reading Let Us Not Forget – South Asia Solidarity Initiative

Victims of Terrorism

The multiple terror attacks in Mumbai are unprecedented and blatantly violate the most fundamental principles of law and justice. Regrettably, as Mumbai shows today, there is a huge gap between governmental counter terror rhetoric and the reality of human security observance on the ground. Much more needs to be done to mainstream counter terror strategy and action throughout the government security system and states must demonstrate the political will and promptness to translate human security and rights commitment into action. Continue reading Victims of Terrorism

Grotesque Terror Attacks in Mumbai

Courtesy Indian Muslims Blog
Courtesy Indian Muslims Blog

In one of the most daring and yet cowardly terror attacks, Bombay/Mumbai has been attacked. In an earlier post we had discussed the question of violence – ‘revolutionary’ violence, and the utter futility of resort to such methods. Violence is not a solution to anything; it cannot be. If anything, it is part of the problem; it is the problem. For violence begets more violence. Continue reading Grotesque Terror Attacks in Mumbai

Collateral Damage in our ‘War on Terror’

The Express Story today on the detention and torture of 6 Muslim men/boys in the wake of the Hyderabad blasts makes for chilling, terrifying reading. Amongst over 70 Muslim men who were arrested by the Hyderabad police, they detail custodial abuse and torture which ranges from stripping, to severe beatings on the hands and soles of their feet, to electrical shocks administered to genitalia. With characteristic insouciance and perversity the government has announced a ‘healing touch’ compensation of Rs 30,000 to each victim of the police’s tactile ministrations.

Continue reading Collateral Damage in our ‘War on Terror’

Welcome to Kerala’s Haven of Ease and Vice — Chengara

Make no mistake — this is not my assessment. I’ve just borrowed it from our Chief Minister, the redoubtable V.S. Achuthananadan, the foremost of (official) revolutionaries in Kerala, whose memories of struggle stretch back right up to the workers’ uprising of the 1940s in south Kerala, the Punnapra-Vayalar, celebrated in communist myth and legend.  In September this year it appeared as if the CPM was ready to negotiate with the protestors, but nothing has really moved. The latter have hung firm in their resolve, it requires a rather strange imagination to read that as evidence for ‘peace and prosperity’ at Chengara. The Congress has now emerged, after much slumber, with support for the struggle, and V.M. Sudheeran, one of the most popular and respected leaders of the Congress, has sharply condemned the CM’s statement (below).

Continue reading Welcome to Kerala’s Haven of Ease and Vice — Chengara

Some images do not disturb

CBI-employed manhole workers in Noida
CBI-employed manhole workers in Noida

guest post by S. ANAND

There are times when our critical antennae do not perk up. We do not wish to decode certain signs because we are all implicated in them. Following the 14 September blasts in Delhi, suddenly the media found a new value in ragpickers, street vendors, auto drivers and others who live on the fringes of the city and are generally looked down upon by people who inhabit apartments, blogs, cars (and autos, I must add).

Suddenly, by 15 September, ragpicker Krishna was canonized as a ‘hero’ by the media, the police and the state (the Delhi government claims credit for saving some lives with its ‘eyes and ears’ policy). Yet, Times of India prefaced its report about Krishna thus: Continue reading Some images do not disturb