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Mob Rule in Manipur Yet Again: Six Muslim boys brutally battered

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Six young boys, all of whom happened to be Muslim, students of Std IX at the Five Star English School, were brutally beaten up in Manipur on March 25 as they tried to watch Holi celebrations at the Thabal Chongba Ground on Thabal Chongba( Holi Day), March 25.

Speaking to Sabrangindia, the Director General of Police (DGP), Manipur , L.M. Khaute admitted that such an incident had taken place because ‘local people suspected they had come there for anti-social activities.’  The police have “registered an FIR though no accused have been named, a process that will be completed only after investigations are over,” said the DGP. According to local reports, at about 7:30 pm on the evening of March 25, six young boys, Md. Altaf Hussain, Iqbal Hussain, Shoib Akhter, Shazad Aalam, Thani Alam and Farid Khan were brutally beaten up, allegedly with sharp weapons.

One of the boys Shazad Aalam, who escaped from the scene, informed his brother about the attack. According to the accounts from the victims reported, when the boys tried to approach the Thabal Chongba Ground, they were stopped abruptly and asked where they were going. When they said they had come to watch the Thabal Chongba (Holi celebrations), they were subjected to brutal beating while local people remained silent spectators as nobody came forward to rescue the boys who were left critically injured.

Initially when the attack began, Farid along with Thani tried to save their three accomplices, they were also attacked by the culprits who, it is claimed also wanted to set them on fire.  Fortunately, some responsible persons including a senior member of the local Zilla Parisad tried to reach the spot but the culprits stopped them, allegedly using weapons. However, it was the pradhan of Iramsiphai who later reported the incident to the Wangoi police who rescued the boys.

While the victims who have suffered the assault have named Sanasam Thoi Singh, Mamang Leikai, Sorokhaibam Romen Singh, S.Modhu Singh, Gunamani Singh (Thang saba), the police states that they will name the accused in the FIR only after investigations have been completed.

Initially, reports suggested that the justification for the attack was that the victims had stolen a bike; however it transpired that the bike belonged to Farid Khan. According to the victims, the police have seized the bike from them and have kept it in their custody. Three of the victims are being treating in Rahman hospital in Assam. The perception that the young boys had come ‘for anti social activities’ is being investigated by the police.

Background
Manipur has joined the rest of the country in horrific acts of lynching. Barely five months ago, on November 5, 2015, The Times of India had reported that how a  body of the headmaster was found at Keirao Makating village in Manipur's Imphal East district early on Monday, the police said.Fifty five years old Md Hasmad Ali's body was found five km away from his house. A mob had beaten him to death after he was seen with a calf that was missing from the shed of one of the villagers.

Ali described as a kind hearted teacher lost his life to the lynch mob.

"Ali, a kind-hearted and honest teacher, was killed after being accused of a crime he could not have committed. The police know who his assailants are but are not taking action. We will not take his body from JNIMS for burial until justice is done," Md Rajauddin, convenor of a joint action committee against Ali's killing, had been quoted as saying to the Hindustan Times.

The gory incident had been also commented upon in the international media Naba Kanta, a senior police officer, had then told told the New York Times: "What is happening here is completely wrong – people taking the law into their hands. We face the problem of mob justice in this area, and we are trying to do our best to contain it."

The series of countrywide lynchings have come after te Modi regime’s push to pass laws banning beef in a number of states, causing uproar among other religious groups.

Several cases of violence have come to light involving Hindu mobs targeting people they suspect could be harming cows. One of the most high-profile cases involved the lynching of a Muslim man in Dadri on the outskirts of capital city New Delhi. Mohammad Akhlaq, 50, was beaten to death by a suspected Hindu mob on September 28, 2015 for storing and eating beef. However, a forensic test later revealed that the meat stored in his home was goat meat.

Thereafter, a Muslim man was killed by another suspected Hindu mob who accused him of smuggling cattle for slaughter. The incident took place in the northern state of Himachal Pradesh on October 14, just a few weeks after a Hindu mob threw a home-made bomb at a truck suspected of carrying beef in the Kashmir Valley.

Citizens’ Should File FIR Against Baba Ramdev for Hate Speech: Lawyers

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True to their sangh parivar lineage, BJP leaders are experts in the fine art of speaking with a forked-tongue. While relying on doctored videos to target students of JNU and the Hyderabad Central University, a month ago finance minister Arun Jaitley had thundered in Parliament: “Hate speech cannot be free speech”.

Now, faced with a national outrage over Baba Ramdev’s talk of “beheading lakhs” if law did not come in his way, BJP president Amit Shah has thought it fit to defend Ramdev’s hate speech in the name of freedom to speak. Meanwhile others in the BJP are trying to hide behind the claim that the dubious Baba is not from the BJP.  But no RSS or BJP leader thought it fit to challenge Ramdev over his obnoxious utterances at an RSS-organised Sadbhavna rally in Haryana. Worse, the Central Government under Narendra Modi, true to form, has maintained an un-dignified silence even as it is more than well known the proximity between the hate-spewing Baba and prime minister Narendra Modi.

If anything, the BJP’s verbal jugglery has further incensed peace-loving citizens across the country. A good indicator of this is the strongly-worded opinion piece written by Swami Agnivesh published in The Indian Express today, April 7.

“What Ramdev has done is criminal,” says Agnivesh. “He is sowing seeds of horrendous violence in the minds of unsuspecting people within an ambience of faith. This is incitement of the most dangerous kind”.  Since he does not expect the Modi government at the Centre or the BJP government in Haryana to prosecute Ramdev, Agnivesh has appealed to the chief justice of India to take “suo moto cognisance of this and initiate appropriate action”.

Meanwhile, it is learnt that citizens from across the country are trying to lodge complaints against the hate speech in their respective cities. SabrangIndia has spoken to several lawyers, including Mumbai-based senior counsel, Mihir Desai, who felt there was a strong case for citizens to lodge FIRs against Ramdev. Reproduced here is a draft for the FIR suggested by some lawyers.

Model FIR

To,
The Senior Inspector,
_____Police Station,
Rohtak, Haryana
 
Subject: – Complaint against Baba Ramdev under Sections 153A, 153B and 505 of the Indian Penal Code

I ________________________, resident of _______________________. I saw the speech of Baba Ramdev on ___________________________ or read the speech in ________________________.
I have come to complaint or sending the complaint as I find the speech very disturbing and a crime has been committed by Baba Ramdev and the same need to be investigated and strict action need to be taken.
 
[The text of the speeches made/ need to be quoted, especially those passages that clearly offend sentiments and provoke a communal atmosphere. Here we have quoted the relevant portions as published in newspapers, of Baba Ramdev’s speech]

  1. After they were printed/telecast, these statements have not been denied.
  2. Baba Ramdev is reported to have said on April 3, 2016 at a RSS sponsored function in Rohtak, Haryana: “Koi aadmi topi pehan kar ke khada ho jaata hai, bolta Bharat Mata ki Jai nahi bolunga, chahe meri gardan kaat do. Arey is desh mein kanoon hai, nahi toh teri ek ki kya, hum toh lakhon ki gardan kaat sakte hain. Lekin hum is desh ke kanoon ka samman karte hain. Koi aise khada ho ke bol de, isliye in hurdangiyon ke honsle buland ho jaate hain. Hum is desh ke kanoon aur samvidhan ka samman karte hain, nahi toh koi Bharat Mata ka apmaan kare, ek nahi, hum hazaron lakhon ke sheesh kalam karne ka samarth rakhte hain”.
  3. In Translation, this reads, “(Some person wears a cap and stands up. He says I will not say Bharat Mata ki Jai even if you decapitate me. This country has a law, otherwise let alone one, we can behead lakhs. But we respect this country’s law. If somebody stands up and speaks like this, that gives strength to hooligans. We respect this country’s law and Constitution, otherwise if anybody disrespects Bharat Mata, we have the capability of beheading not one but thousands and lakhs).
  4. Ramdev continued: “Mujhe ashcharya hota hai, kuch sansthayein bani hui hain, kehti hain Bharat Mata ki Jai bolna hamare dharm ke khilaaf hai. Yeh kaise ho sakta hai. Apni matrabhoomi ko gaurav dena kisi majhab ke khilaf nahi, aur agar koi majhab yeh kehta ho ki apni matrabhoomi ko gaurav mat do, woh majhab bhi desh ke hit mein nahi”.
  5.  In Translation this reads, “ I am astonished. There are a few organisations which say chanting Bharat Mata ki Jai is against their religion. How can it be? Giving honour to your motherland is not against any religion, and if any religion says that do not honour the motherland, such a religion is also not in the interest of this country).
  6.  Ramdev continued, ““Bharat Mata ki Jai bolna koi kisi dharm ki pooja nahi hai. Bharat Mata ki Jai bolna kisi ki aarti utarna nahi hai. Bharat Mata ki Jai bolna koi dharm pooja nahi hai, yeh toh apne rashtra ke gaurav ka, apne rashtra ke swabhiman ka, apne rashtra ki garima ka prashan hai, aur hum Hindu hon, hum Sikh hon, hum Muslim hon, hum Isai hon, hum sabse pehle Hindustani hain,” Ramdev said.
  7. In Translation, this Reads, “ Chanting Bharat Mata ki Jai is not worship of any religion. It is a matter of national honour, pride, prestige. We may be Hindu, Sikh, Muslim, Christians, we are Indians first”.
  8. It is a matter of concern that such inciteful hate speech was being made at a Sadbhavna rally was organised by the RSS to restore peace, harmony and brotherhood in Haryana which was witness to violence in February in the wake of the Jat reservation agitation.
  9.  The Entire Speech can be heard on the Video Tape that is available at https://www.youtube.com/watch?v=0G4Wr1Xwijk
  10. The above statements are a grave threat to the peace, unity and integrity of India. In the light of the sensitive communal atmosphere in recent months, where senior functionaries of the government and its associates are being consistently made, these statements violate S.153-A, 153-B, 505(1) and (2)  of the Indian Penal Code.

 

  1. S.153-A of the Indian Penal Code states

(1) Whoever-

  1. by words, either spoken or written , or by signs or by visible representation or otherwise, promotes, or attempts to promote on grounds of religion, race, place of birth, residence, language , caste or community or any other ground whatsoever , disharmony or feeling of enmity , hatred or ill-will between different religious, racial, language or regional groups castes or communities, or
  2. commits any act which is prejudicial to the maintenance of harmony between different religious , racial , language, or regional groups or castes or communities and which disturbs or is likely to disturb the public tranquility,
  3. ….shall be punished with imprisonment which may extend to three years, or with fine or with both.

 
6). S.153-B of the IPC states
(1) Whoever, by words either spoken or written or by signs or by visible representations or otherwise, –

  1. makes or publishes any imputation that any class of person cannot, by reason of their being members of any religious, racial, language or regional group or caste or community, bear true faith and allegiance to the Constitution of India as by law established or uphold the sovereignty and integrity of India, or
  2. asserts, counsels, advises, propagates or publishes that any class of person shall, by reason of their being members of any religious, racial, language or regional group or caste or community, be denied or deprived of their rights as citizens of India, or
  3. makes or publishes any assertion, counsel, plea or appeal concerning the obligation of any class of persons, by reason of their being members of any religions. Racial, language or regional group or caste or community, and such assertion, counsel, plea or appeal causes or is likely to cause disharmony or feelings of enmity or hatred or ill-will between such members and other persons,

shall be punished with imprisonment which may extend to three years, or with fine, or with both.
 

  1. Relevant extract of Section 505 reads as under:

 
“ (1) Whoever makes, publishes or circulates any statement rumours or reports,

  1. …..
  2. with intent to cause or which is likely to cause fear or alarm to public or to any section of public whereby any person may be induced to commit an offence against the state or against the public tranquility, or.
  3. with intent to incite or which is likely to incite any class or community of persons to commit any offence against any other class or community:

shall be punished with imprisonment which may extent to three years or with fine or with both.
 
(2). Whoever makes, publishes or circulates any statements or report containing rumours or alarming news with intent to create or promote or which is likely to create or promote, on grounds of religion,……feeling of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities shall be punished with imprisonment which may extent to three years or with fine or with both.”
 

  1. As per the above statements of Baba Ramdev, the minority community in various parts of India is likely to feel more insecure and threatened by these statements. Besides, such statements are bound to generate communal disharmony or feelings of ill will, enmity and hatred  between different religious groups. It is also an act which is prejudicial to the maintenance of harmony between different religious groups and is likely to disturb the public tranquility.
  2. The above statements also amounts to imputing  that Muslims do not bear true faith and allegiance to the Constitution of India or uphold the sovereignty and integrality of India. The statement also propagates and asserts that Muslims be denied or deprived of their rights as citizens of India. It lastly amounts to an assertion concerning Muslims which is likely to cause disharmony or feeling of ill will between Muslims and others. The statement also is likely to provoke some Hindus to commit offences against Muslims and also amounts to alarming news which is likely to lead to all the above.
  3. As per the 1991 census the Muslims constitute 12.12% of the population of India. The Hindus constitute 82.00%. Muslims constitute a minority religious community in most of the States.
  4. Such wide scale, alarming and false attack on Muslims, their population and their religious schools leads to an apprehension that such statements could create and contribute to an atmosphere of causing communal carnage elsewhere in the country, and that the minority Muslim community could face widespread persecution.
  5. As declared by the Supreme Court of India, secularism is part of the basic structure of our Constitution and these statements of Baba Ramdev attack the very fabric of our Constitution.
  6. I am making this complaint in my capacity of citizen of India and under my fundamental duty to uphold the Constitution of India as laid down under Article 52 of the Constitution. The offence is likely to have an all India impact and as such falls also within your jurisdiction.

_____ has committed an offence under S. 153A, S. 153 B and S. 505(1) and (2) of the Indian Penal Code. Hence, cognizance should be taken of this  complaint by treating it as an FIR, the matter be investigated into, and necessary action including arrest and prosecution be taken forthwith _______.    You therefore requested to

a) Register the present letter as an FIR and send me a confirmation of the same with case number
b) Investigate into the matter and
c) Apply to the relevant authorities for sanction to prosecute Shri Baba Ramdev

  1. Please keep the undersigned informed about the developments and let me know immediately about the steps you propose to take against _____.

 
Sincerely,
 
Name
Address
 
Annexures to the Complaint:

I. Video Recording of the Controversial Speech; https://www.youtube.com/watch?v=0G4Wr1Xwijk

II. Text of Clipping from the Indian Express Website that first widely reported the speech:

If no law, would have beheaded lakhs who don’t say Bharat Mata Ki Jai: Ramdev
http://indianexpress.com/article/india/india-news-india/if-no-law-would-have-cut-the-heads-of-those-who-dont-say-bharat-mata-ki-jai-ramdev/

The Sadbhavna rally was organised by the RSS to restore peace, harmony and brotherhood in Haryana which was witness to violence in February in the wake of the Jat reservation agitation.
Written by VARINDER BHATIA | Chandigarh | Updated: April 4, 2016 2:37 pm

Referring to Muslims who refuse to chant ‘Bharat Mata ki Jai’, yoga guru Ramdev on Sunday said if the country didn’t have laws, “hum toh lakhon ki gardan kaat sakte hain (we would have decapitated lakhs)”. He also said “if any religion says that do not honour the motherland, such a religion is also not in the interest of this country”.

Speaking at a Sadbhavna rally organised by the RSS in Rohtak — attended among others by Himachal Pradesh Governor Acharya Devvrat — Ramdev said: “Koi aadmi topi pehan kar ke khada ho jaata hai, bolta Bharat Mata ki Jai nahi bolunga, chahe meri gardan kaat do. Arey is desh mein kanoon hai, nahi toh teri ek ki kya, hum toh lakhon ki gardan kaat sakte hain. Lekin hum is desh ke kanoon ka samman karte hain. Koi aise khada ho ke bol de, isliye in hurdangiyon ke honsle buland ho jaate hain. Hum is desh ke kanoon aur samvidhan ka samman karte hain, nahi toh koi Bharat Mata ka apmaan kare, ek nahi, hum hazaron lakhon ke sheesh kalam karne ka samarth rakhte hain”.
 
(Some person wears a cap and stands up. He says I will not say Bharat Mata ki Jai even if you decapitate me. This country has a law, otherwise let alone one, we can behead lakhs. But we respect this country’s law. If somebody stands up and speaks like this, that gives strength to hooligans. We respect this country’s law and Constitution, otherwise if anybody disrespects Bharat Mata, we have the capability of beheading not one but thousands and lakhs).
 
Ramdev continued: “Mujhe ashcharya hota hai, kuch sansthayein bani hui hain, kehti hain Bharat Mata ki Jai bolna hamare dharm ke khilaaf hai. Yeh kaise ho sakta hai. Apni matrabhoomi ko gaurav dena kisi majhab ke khilaf nahi, aur agar koi majhab yeh kehta ho ki apni matrabhoomi ko gaurav mat do, woh majhab bhi desh ke hit mein nahi”.
 
(I am astonished. There are a few organisations which say chanting Bharat Mata ki Jai is against their religion. How can it be? Giving honour to your motherland is not against any religion, and if any religion says that do not honour the motherland, such a religion is also not in the interest of this country).
“Bharat Mata ki Jai bolna koi kisi dharm ki pooja nahi hai. Bharat Mata ki Jai bolna kisi ki aarti utarna nahi hai. Bharat Mata ki Jai bolna koi dharm pooja nahi hai, yeh toh apne rashtra ke gaurav ka, apne rashtra ke swabhiman ka, apne rashtra ki garima ka prashan hai, aur hum Hindu hon, hum Sikh hon, hum Muslim hon, hum Isai hon, hum sabse pehle Hindustani hain,” Ramdev said.

(Chanting Bharat Mata ki Jai is not worship of any religion. It is a matter of national honour, pride, prestige. We may be Hindu, Sikh, Muslim, Christians, we are Indians first).

The Sadbhavna rally was organised by the RSS to restore peace, harmony and brotherhood in Haryana which was witness to violence in February in the wake of the Jat reservation agitation.

Is India for Hindus only? Bombay HC Pointedly asks BJP-led Nagpur Civic Body

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The BJP-led Civic Body in Nagpur's Plan to have the "Hanuman Chalisa" recited at an AIDS-awareness program in Nagpur tomorrow, April 7 provoked this response from the Bombay High Court: "Is India for Hindus only?"

Highlights:
Municipal corporation, run by BJP, rebuked by court
Can't link religious program with AIDS awareness event: Court
Religious programmes as government events are not ok: Court

Expressing strong reservations over the move to recite 'Hanuman Chaalisa' at an AIDS awareness programme, the Bombay High Court today asked the BJP-ruled Nagpur Municipal Corporation (NMC) if, according to it, "India is for Hindus only". The Nagpur bench of the court was hearing a PIL. It asked the civic body "whether India is for Hindus only" and expressed anguish over the plan to recite Hindu mantras at an AIDS awareness event. A Division Bench of Justices Bhushan Gavai and Swapna Joshi disposed of the PIL filed by former corporator Janardan Moon, after both the NMC and programme convener Dayashankar Tiwari, who is the ruling party –BJP's– leader in the civic body, agreed to disassociate with the two events (AIDS awareness and Hanuman Chalisa event), and pay the cost of stage and ground to be used for the event on pro-rata basis.

The event, in association with Poddareshwar Ram Mandir Trust, was planned at the city's Kasturchand Park ground on Thursday, April 7.

"Why only recital of Hanuman Chaalisa and why not from the Quran, the Bible or other religious literature? What is the relationship between AIDS awareness and Hanuman Chaalisa? Is it only Hindus who contract AIDS? Is chanting of Hanuman Chalisa the only remedy for eradication of this deadly disease?" the division bench of justices Bhushan Gavai and Swapna Joshi said.

"If people can come for this event, they will also come for recitation of the Quran and Bible," they observed.    

The municipal corporation in Nagpur is run by the BJP. The municipal corporation, following the PIL was compelled to agree to delink the two events by keeping at least an hour between the AIDS awareness programme and the Hanuman Chalisa recitation, which over 1.5 lakh people are expected to attend. The Judges based in Nagpur said that they are not against any religious programme, but are concerned about government agencies associating with these.   

The court further directed to ensure that separate banners are put up backstage during both the programmes, with the individual names of organisers. The corporation was also asked to give wide publicity to its AIDS awareness programme, without mentioning the Hanuman Chalisa event.

Judgement

 

 

Gujarat Dalit Clerk’s Suicide: End Caste Discrimination Say Colleagues

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Ketan Koradia’s father Dalpat, mother Jasu (second from right) and sister at their home in Ahmedabad.  Courtesy: Javed Raja, The Indian Express

Can there be Caste Discrimination even within our Courts?
Ketan Koradia’s suicide on April 4, 2016 in Ahmedabad provides a shocking answer.

A 31-year-old Dalit who worked as a clerk in an Ahmedabad court, Ketan took his life after experiencing everyday discrimination . In the FIR, his father alleged five court officials – C K Trivedi, G J Shah, R P Barot, K C Bhavsar and Bhati Saheb – were responsible for his son's death. "To harass Ketan, he was transferred without any order to court number 7. Again, he was transferred to court number 14 in February without giving any reason, which depressed him further," his father said in the FIR.

At the condolence meeting after his death, as colleagues of Ketan Koradia called for an end to “caste-based discrimination”, back home, his parents recalled how a boy who had made them proud slid into “depression” because he was “harassed” by co-workers. The condolence meeting for Ketan began at 3 pm April 5, the courtroom was packed. Additional Chief Metropolitan Magistrate M F Khatri sat in the middle of about a hundred staff members, mostly clerks. "The true condolence to Ketan would be to talk about casteist discrimination and burden of too much work. He was transferred to this court's bench despite the fact that he had no knowledge of how courts work. He only knew accounts," said a young employee. Another said, "Caste-based discrimination does happen here. I won't name anyone but a judge remarked about a clerk, 'Aa toh adivasi che (he is a tribal)' to indicate that the clerk was not competent. This is simply not done."

Before taking his own life on the night of April 4, a Sunday, who was posted as a junior clerk in the Metropolitan Magistrate’s Court in Ahmedabad’s Gheekanta area, is reported to have written down names of five of his colleagues who allegedly harassed him by making casteist remarks. “They (the accused) once broke an earthen pot after my son drank water from it. They would never share a meal with my son and would keep him away while eating lunch in office. His colleagues would address him as a Dalit or a BC (backward caste). He dealt with this on a daily basis ever since he joined work,” his 50-year-old father Dalpat Koradia said, sitting at his home in Danilimda, a predominantly Dalit neighbourhood. “When he was born, we had nothing. My wife and I used to sell clothes on a handcart and we raised Ketan and his sister Sangeeta with great difficulty.

He got the court job at a salary of Rs 18,000 per month. We were so happy,” Dalpat said. A relative said Ketan had got engaged to a teacher in February, and that “he was happy”.Ketan’s mother Jasu said he was a bright student who finished M.Com and got a government job in 2013. Meanwhile, a look at the room where he hanged himself seemed to suggest Ketan was looking for another job, and study books and an admit card pointed to him having taken an exam for the deputy mamlatdar’s post in March last year. One of his friends confirmed he was “unhappy” in his current job.

Shuddhikaran in the Allahabad High Court in 2000

Fourteen years ago, in year 2000, The Times of India, had reported on August 5 how a Dalit Judge had appealed in the Supreme Court against his compulsory retirement in the aftermath of an incident in which his courtroom was washed with `Ganga jal' by his `upper' caste successor.  The incident took place in Allahabad when Bharthari Prasad, then additional sessions judge, was transferred to another court and replaced by A K Srivastava in June 1998. Newspaper reports then said Srivastava had got the entire chamber and its furniture washed with `Ganga jal' because it was previously occupied by a judicial officer belonging to a Scheduled Caste.

Acting on the reports, the sessions judge summoned Bharthari Prasad and asked him to contradict the charge. Since he had “no hand or role'' in the publication of the news reports, Prasad said he could not refute them. Upon this, the sessions judge ordered an inquiry. The court's staff confirmed the reports that the chamber and its furniture were indeed washed.

The room's new incumbent, Srivastava, had thereafter also admitted that he got the chamber washed but pleaded he had got it done because he was an asthma patient. He, however, denied `Ganga jal' was used for the purpose. Curiously, the inquiry officer did not record the statements of those who had actually conducted the `cleansing operation'.

A heart patient undergoing treatment at Jaslok hospital at Mumbai and advised to get a pacemaker fixed, Prasad was thereafter transferred to Mainpuri within a month. Soon he was locked in a long legal battle with the government as he refused to assume charge at Mainpuri. He was suspended, chargesheeted and subsequently compulsorily retired. The Allahabad high court did not set aside the retirement order nor did it ask the government to allow Prasad to retain his official residence for areasonable period of time.

Prasad's counsel, R K Jain, had then argued before a Supreme Court Bench headed by Chief Justice A S Anand  that Prasad's was a case which demonstrates that "class bias still persists against the members of Scheduled Castes and Scheduled Tribes.''  Justice Anand admitted Prasad's petition for hearing and ordered that he not be evicted from his official residence till further orders. Jain had also pointed out to the court that Prasad had suffered an adverse entry in his annual confidential report on the ground that he was "punctual and dismissed cases which lacked evidence''.
 

Sedition Charges Slapped on Activists in Tamil Nadu

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A song being sung at Makkal Adhikaram conference in Tiruchi   Image: The Hindu


Six social activists and human rights defenders of ‘Makkal Adhikaram’ (People’s Rights), a social organisation in Tamil Nadu,who have been booked under sedition laws for organising a meeting/conference to demand closure of State-run liquor outlets in Tamil Nadu. The activists were allegedly charged under sedition for making inflammatory speeches at the event held on February 14, 2016 at the Uzhavar Sandhai Ground in Tiruchirappalli over the issue of Tasmacliquor shops across the state of Tamilnadu. An appeal on the case has been issued by Human Right Defenders Alert-India (HRDA).

According to the appeal, 'Makkal Adhikaram' is a collective of various Tamil Nadu based social activist groups. It has been running a campaign against the state-run liquor outlets and demand their closure. The group is formed by several groups who work for the marginalised sections of the society. It also includes groups performing folk songs and street plays on socio-economic-cultural issues. The group has been critical of the government policies on issues of social significance such as rising food prices and education system in the state.

Details of the Incident
According to sources, on March 26, 2016, a case of sedition has been registered against six activists from ‘Makkal Adhikaram’ (People’s Rights) by Thillai Nagar police of Tiruchirappalli district of Tamil Nadu for allegedly making inflammatory speeches at an event organised to demand the closure of state-run liquor outlets in the state. Cases were registered under Sections 124 (A) (sedition), 504 (intentional insult with intent to provoke breach of peace) and 505 (i) (b) (statements conducing to public mischief with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquillity) of the IPC. The cases are on Mr. C Raju, a lawyer and state organizer of ‘Makkal Adhikaram’, members of the organisaitonMr.Kaaliyappan, Mr. David Raj, Ms.Chennai Ananthiammal and advocates Vanchinathan and Dhanasekaran.

‘Makkal Adhikaram’ had organised the anti-liquor conference on February 14, 2016 at the Uzhavar Sandhai Ground in Tiruchirappalli demanding the closure of Tasmac shops across the State. However, the case was booked on March 26, 2016 on a complaint lodged by a Sub Inspector at the Thillai Nagar police station. The meeting was on prohibition of liquor in the state of Tamil Nadu and on issues of how culture and youth were affected due to addiction and law and order issues due to liquor policy etc. The event had the participation of a large number of women and children from across the state and people were urged to rise in unison to bring an end to liquor shops. Tamil Folk singer S. Kovan, was among the speakers during the event.

The HRDA states that “We would like to bring to you kind notice that HRDA issued an urgent action last year on October 30, 2015 in a similar incident when Tamil folk singer and activist Mr. Kovan was arrested on sedition charges for allegedly singing a defamatory song against Chief Minister Ms. Jayalalithaa over liquor issue. He was released on bail later. The issue had snowballed into a political controversy after that.

Appeal

The HRDA has appealed to citizens and organisations to send out alerts and appeals to authorities both in Tamil Nadu and nationally.
We, therefore urge you to immediately take necessary steps to ensure that the Commissioner of Police, the Deputy Commissioner and District Magistrate of Tiruchirappalli City:

  • Order an immediate, thorough, transparent, effective, independent and impartial investigation into the above-mentioned incident of slapping fabricated cases on six social activists and human rights defenders from‘MakkalAdhikaram’ (People’s Rights);
  • Take immediate action on the perpetrators in this case the Police personnel of Thillai Nagar Police Station, Tiruchirappalli and Commissioner of Police of Tiruchirappalli for foisting false cases under sedition lawson the social activists and human rights defenders from ‘Makkal Adhikaram’; 
  • Ensure  immediate withdrawal of cases slapped on the HRDs as a result of the legitimate exercise of their rights to freedom of expression and assembly and use all provisions of law to ensure that the human rights defenders are not harassed, ill-treated and falsely implicated by the police in future; 
  • Ensure provision of reparation, compensation, apology to the human rights defenders for the psychological suffering they underwent because of their harassment and provides a re-assurance of not engaging in such acts against HRDs; 
  • Put an end to all acts of attack and harassment against all human rights defenders including activists of Makkal Adhikaram in the State of Tamil Nadu to ensure that in all circumstances they carry out their activities as human rights defenders without any hindrances and fear of reprisals; 
  • Takes steps to conform to the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially: 
  • Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels; 
  • Article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”; 
  • Article 8.2 provides that human rights defenders have the ‘ right, individually and in association with others, to submit to governmental bodies and agencies and organizations concerned with public affairs criticism and proposals for improving their functioning and to draw attention to any aspect of their work that may hinder or impede the promotion, protection and realization of human rights and fundamental freedoms.”. 
  • Recommend urgently and speedily during the pendency of this complaint the SHRC in Tamil Nadu to also take necessary steps to establish a state focal point for HRDs in order to ensure that HRDs have a new protection mechanism in their own state; 
  • Recommend urgently and speedily during the pendency of this complaint, the NHRC convenes a meeting of all state human rights institutions in the state [women, minorities, right to information, disability, children etc.] to ensure that a coordinated strategy is developed within the State of Tamil Nadu for the protection of the rights of human rights defenders; 
  • Recommend urgently and speedily during the pendency of this complaint the State Government of Tamil Nadu in collaboration with the NHRC Focal Point on HRDs and the SHRC Tamil Naduto provide sensitization training to law enforcement and security forces on the role and activities of human rights defenders as a matter of priority, with technical advice and assistance from relevant United Nations entities, NGOs and other partners;
  • Recommend urgently and speedily during the pendency of this complaint, the State Government of Tamil Nadu in collaboration with the SHRC Tamil Nadu to publicly acknowledge the importance and legitimacy of the work of human rights defenders, i.e. anyone who, “individually and in association with others,… promote[s] and … strive[s] for the protection and realization of human rights and fundamental freedoms at the national and international levels” (Art.1 of the Declaration on Human Rights Defenders); 
  • More generally, ensures in all circumstances the respect for human rights and fundamental freedoms in accordance with the Universal Declaration of Human Rights and with international human rights instruments ratified by India is strictly adhered to in the state of Tamil Nadu.

 
The press release by the HRDA states categorically that not only the six activists but their organisation the ‘Makkal Adhikaram’ (People’s Rights)’ is a human rights defender organisation as per Art 1 of the UN Declaration on Human Rights Defenders and as long as they work as per Section 12 of the Declaration they will continue to be regarded as HRDs.

The following are the addresses to which the appeal can be sent:

ADDRESS
Shri A. K. Parashar
National Focal Point – Human Rights Defenders & Joint Registrar
National Human Rights Commission
ManavAdhikarBhawan,
Block-C, GPO Complex, INA,
New Delhi – 110 023
Email: hrd-nhrc@nic.in
 
Justice (Retd.) H L Dattu,
Chairperson,
National Human Rights Commission,
Manav Adhikar Bhawan, 
Block-C, GPO Complex, 
INA, New Delhi – 110 023
Email: chairnhrc@nic.in
 
Mrs. Justice T. Meenakumari
Chairperson, TAMIL NADU STATE HUMAN RIGHTS COMMISSION
143, P.S. Kumarasamy Raja Salai,
Greenways Road, 
Chennai-600 028 
Email id: shrc@tn.nic.in 
 
Chief Minister of Tamil Nadu, 
Chief Minister's Office 
Secretariat,
Chennai 600 009 
Email: cmsec@tn.gov.incmcell@tn.gov.in 
 
Chief Secretary, 
Government of Tamil Nadu,
Secretariat,
Chennai 600 009 
 Email: cs@tn.gov.in
 
Special Rapporteur on the rights to freedom of peaceful assembly and of association
Mr. Maina Kaiai
Palais des Nations
CH-1211 Geneva 10
Switzerland
Fax: + 41 22 917 9006
Email: freeassembly@ohchr.org info@freeassembly.net
 
Special Rapporteur on the situation of human rights defenders,
Mr. Michel Forst
c/o Office of the High Commissioner for Human Rights – Palais Wilson
United Nations Office at Geneva
CH 1211 Geneva 10
Switzerland
 
Email: urgent-action@ohchr.org jgaziyev@ohchr.org defenders@ohchr.org
 
 
District Collector,
Tiruchirapalli, Tamil Nadu.
Email : collrtry@nic.in
 

Delta Meghwal’s Death: Role of Warden and Others Suspicious

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The gruesome death of Delta Meghwal, a talented 17 year old studying to become a teacher, on March 29, 2016, at the hostel of the Jain Adarsh Teacher Training Institute for Girls at Nokha in Barmer, Rajasthan is not a suicide and a gross collusion between the woman warden, institution head and others holding responsible positions cannot be ruled out. A Rajasthan based Fact Finding Team of the National Human Rights Organisation (NHRO) conducted a preliminary investigation and has released its report. This can be read here.

The delay in reporting the discovery of Delta’s body at 7 a.m. on March 29 for several hours and the removal of the body without videography or panchnama further raises serious questions about possible attempts to destroy evidence and create a narrative that is aimed at concealing the truth. Parents of Delta were also not kept informed by the authorities. A high level independent investigation, that too by CBI, is required to arrive at the truth. These are the key conclusions of the fact finding team’s report.

Further, the concealment of an incident the day before on March 28, 2016 by the warden, Priya Shukla has made matters much worse. If she had dealt with the incident of the day before seriously, Delta’s life may have been saved. The fact that a male PT teacher was given accommodation within a girls hostel also raises serious questions for the institutional heads and all the authorities.

Sabrangindia had reported on what women’s campaign groups have called a rape and murder of a Dalit student allegedly by the PT Teacker, Vrijendra Singh. Though Singh has been arrested, the chairman of the institute, Eashwar Chand Ved, has over the past week, been absconding.On March 29, 2016  the dead body of Delta Meghwal, a 17 year old Dalit girl from a village in Barmer district of Rajasthan was found in the water tank of the Jain Adarsh Teacher Training Institute for girls in Nokha, Bikaner where she was studying. The police took her body in a municipal garbage carrying vehicle (tractor) without videographing it.

According to the FIR filed by her parents, there were only four girls at the hostel as all the other girls had gone home and had not returned by then. A day before, on the evening of March 28, at 8 pm, she had called her father and told him that their Warden Priya Shukla had sent her to the PT Instructor Vijendra Singh's room, with the excuse of cleaning the hostel (this shows the clear collusion of the warden in the case). The Complaint of the parents can be read here.

Brief Report of the Factfinding Team

Jain Adarsh teacher training institute for girls in Nokha, Bikaner (Rajasthan).

Delta Meghwal was the resident of Barmer Garda Road, Barmer

The Team met family members of Delta Meghwal, community members from the Village, teachers and school administration, and the local police

Obsevations

On March 29, 2016 when news of her death came, the body of Delta Meghwal was found in a terrible condition, drowned in a water tank behind the girl’s hostel.

Police officials of the Nokha police station removed the body (without recording the condition through videography nor recording a panchnama). The garbage carrying vehicle of the Nagar Nigham used to take out garbage was used to take the body to the local hospital for the post mortem. Family members of Delta have submitted a Complaint to the police that states that the PT teacher Vijendra Singh had first raped, then killed her and thereafter discarded the body in the water tank. Thereafter the story of the suicide was concocted in a bid to mislead the administration.

According to the Complaint filed by her parents, there were only four girls at the hostel as all the other girls had gone home and had not returned by then. A day before, on the evening of March 28, at 8 pm, Delta had called her father and told him that their Warden Priya Shukla had sent her to the PT Instructor Vijendra Singh's room, with the excuse of cleaning the hostel (this shows the clear collusion of the warden in the case, says the report).

The Fact-Finding was conducted on April 1, 2016. Members of the team included Ansar Indori, Dr Kalpana Begu, Mehiboob Ali Chittod and Abdul Naim Kota reached Nokha. Jugal Hatila a local activist also joined the team.

The Team visited the Police Station at Nokha and spoke to Investigating Officer (IO) Satnam Singh, Additional SP and other officers Prakishu Puja Yadav, IPS, though they were initially made to wait a long time.

IO Satnam Singh
The IO Satnam Singh gave his version which is as follows:
One of the staff/ workers of the Jain Adarsh Vidyala had informed the police that a student had committed suicide by jumping into a water tank on March 29. About 1 p.m. that afternoon, two police officials, one Kanhailal and Sandeep Lalit were sent to spot; the body was retrieved and sent to the mortuary of the local hospital for the post mortem. The IO also said that the PM report became available on March 31. The body had signs of injuries; there was no sign of water in the lungs.  Explaining this phenomenon, the IO said that often when those who drown have blockages in their food pipe due to which water does not get into the body!!! (Delta’s body was found several hours after she was found missing !)

The IO further said, “We have arrested PT teacher Vijendra Singh. He would be produced on April 1, 23016. Apart from sections 376(3)  of the IPC, sections of the Atrocities Act and POSCO Act have been applied to him. Only after the FSL report arrives a decision on applying Section 302 (murder) will be taken. “

The IO added, “The chairman of the institute, Eashwar Chand Ved is absconding. From others we have found that on the night of March 28, 2016, very late, 2 a.m. or so, the girl was found in the PT Teacher’s room. Both had admitted their ‘mistake’ and written an ‘apology.’ The IO also said  that knowledge of a relationship between the PT teacher and the girl had been coming to light for the past 2-3 months. The IO said that we are trying to get details of this from the mobile phones. The written report from the father of the girl was received by March 30. It is on the basis of that report that we have filed an FIR.”

(The Fact Finding Team has noted: The incident took place on March 29, 2016. Even after 24 hours the Police had not, by itself registered any FIR. In this amount of time, evidence can be destroyed; or those involved in the crime can abscond; a fake account can even be manufactured)

Following this, the Team reached the College where the BED college principle, Dr Rajendra Srimali met them in his office. 

Rajendra Srimali, Principal:
“Four different units run in within institution that include a CBSE secondary school, a degree college, a BSTC College and a BED College. In the past five months, I have also been given charge of the BSTC college.

“Delta Meghwal, is a a student from Garad Road, Barmer, daughter of Mahendra Ram Meghwal. Vijendra Singh, joined as PT teacher four months ago. Vijendra Singh was known to  Priya Shukla (the warden) and her husband, PP Shukla.  The couple recommended him.
Apart from a girls hostel, the premises also have some staff quarters. A little farther from the staff quarters are some other rooms in which Vijendra Singh was staying. He is married but his wife had not joined him.”
The principal also said that he got to know of the incident of the dead body of a student being found only on the afternoon of March 29, 2016. By this date, only four students had returned to the girls hostel after the Holi vacation. Priya Shukla is the warden of the hostel.
“It is the Warden only who could give all the details of what happened on March 28 and 29.”

Priya Shukla, Hostel of the Girls Hostel
Then Priya Shukla was called to Principal Srimali’s room.
Without the team even asking a question Priya Shukla began her account:
“I officially do not hold the post of Hostel Warden. But the administration had given me this responsibility as I stayed in the staff quarters. On March 28, around 12 noon I was informed that a girl named Delta was not in the hostel. At the time only four students had returned to the girls hostel after the Holi vacation.

“It was Leela Madam, holding the post of Nurse and staying with the students in the girls hostel, who phoned me and informed me of the girl’s absence. All of us began hunting for the girl since it was late at night and I even called my husband, PP Shukla to join the search.
“ I also called Vijendra Singh on the phone to help in the search. When he did not come out of his room for a long time, I knocked on his door which he opened after quite some time. He was told to help in the search for Delta who is missing. When Vijendra Singh tried to shut the door of his room, I got suspicious and went inside the room and put the light on. Delta was present there.

“When questioned, the PT teacher said ‘Delta had asked for awlas (berries) and come to get them’. It was 1.30 a.m. Both Delta and Vijendra accepted their ‘wrongdoing” and promised not to make such mistakes in future. Both were asked to write ‘maafi naaamas' (apologies)."

This incident was obviously attempted to be buried and no efforts made by the Warden to speak to Delta Meghwal on her own the whole of the next day after this incident.

Priya Shukla continued,
“On March 29, 2016 at about 7 am, again, it was Leela Madam who said to me that Delta was missing from the student’s hostel. The hunt for her began. At about 11 a.m. the chowkidar (guard) said that Delta's body is lying in the water tank. Then he informed the chairman Easwar Chand Ved, who called the police who removed the body from the tank.

Hanuman the chowkidar did not meet the team and his account therefore could not be recorded.

The team also met one Ghansiram Meghwal who does the work of masonry within the institute. He said about a fortnight earlier, the chairman, Easwar Chand Ved had told him that the tank near the girls hostel was leaking due to which water was seeping out; and asked him to repair it. He said he had not yet repaired it. Delta Meghwal’s body was found here.

The team also met with the Principal of the Nokha Government  Upper Primary School (Rajkiya Uccha Prathamik Vidyalaya Pradhan Adhyapak), Suresh Hathila. He recounted his assessment of Delta Meghwal.
Suresh Hathila said that Delta was a serious student and an extremely mature girl. Her BST Lesson Plans had been given in his school. Her way of teaching was creative and impressive. She worked very hard to prepare her lesson plans. She was very interested and good at art. She had got recognition from the chief minister of the state for this. How can such a student commit suicide? It is a very unfortunate incident, a tragedy; because of which Dalit students, especially girl students will feel very insecure. We demand that those guilty should face severe and exemplary punishment, he said.


Findings:

  1. If after the March 28 2016 incident Priya Shukla, her husband and other staff members  had — instead of shrouding it in secrecy (and only believing the PT Teacher Vijendra Singh’s version) immediately informed responsible persons from institution and the police then Delta could have been saved from death
  2. The allocation of a room for a male PT Teacher within a Girls Hostel is a grave act of irresponsibility on the part of the administration and management
  3. On March 29 2016 at about 7 a.m. when Delta’s absence was intimated to Priya Shukla for the second time, her duties as a Hostel Warden required that she should have immediately informed responsible authorities of the institution, including the Principal. Her not doing so raises serious questions and raises grave suspicion(s).
  4. The water tank in which Delta was found dead has a depth of six feet. Significantly, the tank is fully covered; only a 1.5 foot X 1.5 foot hole exists which has a lid on top.  The lid has a hole for a lock and an old lock was seen by the team on the lid. But it was not locked. Why? Not locking the tank is an act of grave responsibility on the part of the Warden, Principal and Chairman of the institution.
  5. From the size of the opening on the tank, it is highly unlikely that a healthy young woman of 5 foot four could have entered inside at all.
  6. The fact that the police did not record the recovery of the body through videography deepens suspicions. Neither was a panchnama of the body performed.
  7. After the body was removed, press reporter Pavan Kumar himself took photos of the body. There were injuries on the body and blood was oozing out of one year. Bleeding from the ear in a death supposedly caused by drowning does not add up and further raises questions and suspicions.
  8. Delta is from a poor Dalit family who has no political backing and support. There is every chance that the authorities and chairman of the Jain Adarsh Vidyalaya will use clout and other means to ensure that the case does not read fruition and justice is not delivered.

From these preliminary findings, NCHRO reaches the conclusion that Delta Meghwal has not committed suicide.
Her death has been caused by serious circumstances that require a high level independent investigation.  
The NHRO also demands that the CBI should be brought in to enable the truth to emerge
NCHRO believes that young girls and women living in the Hostels of Educational Institutions are in danger if those guilty in this case are not given exemplary and prompt punishment in this case. The dignity of women and girls will not be safeguarded.