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‘Break People’s Jaws if they don’t shout Bharat Mata ki Jai’ BJP Minister, Chhatisgarh

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Yet Another Call to the Mob, Now Another BJP Minister Openly Exhorts Cadres to Violence if they do not Shout ‘Bharat Mata ki Jai’

 
The Chhattisgarh Agriculture Minister from the ruling Bharatiya Janata Party (BJP, affiliated to the Rashtriya Swayamsevak Sangh (RSS), Brij Mohan Agrawal is the latest among a strong of ‘public figures’ exhorting cadres to violence over the ‘Bharat Mata ki Jai’ slogan as reported by the Press Trust of India .
 
 The event took place in the capital city of Raipur on April 7, 2016 . Brijmohan Agrawal said, "if any anti-national slogans are shouted in front of BJP workers, then they should respond with full force.” He was speaking at the Ekatma Parisar function held on Wednesday. He warned people against shouting anti-national slogans and said, "We have the power to rip out their jaws."He further mentioned, "It was unfortunate that even after 69 years of independence anti-national slogans are being raised."
 
He added, "Hamare karyakartaon ke saamne agar koi rashtra virodhi naara lagaye, toh uska jawaab puri takat ke saath dena chahiye ki hum log Bharatiya Janata Party ke hai.
(Translation: If someone were to shout anti-national slogans in front of our workers, they should answer with full force).

“Toh Bharatiya Janata Party ke iss sthapana diwas ke avsar par… jo rashtra virodhi naare lagayenge, unke jabde ko ukhadne ki hum takat rakhte hai, ye unko batane ki avashyakta hai
(Translation: On the occasion of BJP’s anniversary… we have to tell those who raise anti-national slogans that we have the power to rip out their jaws.)," he mentioned.

"Agar hindustan ki dharti pe tumne janm liya hai, hindustan ka tum ann kha rahe ho, hindustan ka pani pi rahe ho…tumhare marne ke baad bhi agar tumhe do gaj zameen milegi, toh voh hindustan ki dharti pe milegi. Isliye Bharat mata ki jai bolna padega
(Translation: If you eat Hindustan’s grain, are born here, drink the country’s water, and if you are buried in this land after you die, you have to say Bharat Mata ki Jai)," Agrawal threatened during the public event.
 
Agarwal is the last among a long line of leaders who have openly violated Indian law and threatened violence against citizens.

Another victim of state religion, free-thinker hacked to death by machete: Bangladesh

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Nazimuddin Samad, Image Source: Facebook

Late on the evening of yesterday, April 6, 2016, at approximately 9 pm in the evening, Nazimuddin Samad, a student of the Jagannath University, was hacked to death by unknown assailants in Dhaka’s Sutrapur.

Samad had been organising campaigns for secularism on Facebook, and a day before the murder, Samad posted about his concerns over the “deterioration of law and order” in the country, calling it a “public disgrace.”
A post on the Bangla secular blogging platform Mukto-Mona (“Free Mind”) has responded  to tonight’s attack saying, “Even though nobody has claimed responsibility for this murder, the modus operandi was very similar to all the killings carried out by the extremist Islamist militants in Bangladesh.”

Mukto-Mona, describes Nazimuddin was a courageous freethinker; he was vocal in his support for a secular and humane Bangladesh.

As he was returning from his university a few young men, who came there on a motorcycle, intercepted him at the Ekrampur crossing and started hacking him with their machetes. In the end, they made sure that Nazimuddin would die by shooting him in the head. Witnesses said the assailants shouted “Allahu Akbar” (Allah is great) as they killed Nazimuddin.

Even though nobody has claimed responsibility for this murder, the modus operandi was very similar to all the killings carried out by the extremist Islamist militants in Bangladesh.

An Inquiry into the killing has been demanded A timeline of the killings of secularists in Bangladesh is available at bit.ly/CFIBangladeshTimeline.

According to the statement here he regularly posted atheist and feminist criticism of Islam. He was critical both of the Islamist political parties, and against the failings of the current government. Shortly before he was killed, he wrote a post implying that the ruling Awami League party would fall if it did not make swift changes, writing (in Bengali): “The situation of the country, deterioration of law and order in the country, speak that maybe you cannot stay long in power.”

In earlier posts, Nazimuddin responded to a cleric’s violent speech against women which referenced the Quran, contrasting the speech with the claim that “Islam is the highest honor given to women!” He asked for justice for a girl known as Tonu, who had been raped and killed in the military area of ‘Cantoment’, Comilla.

Nazimuddin recently criticised Prime Minister Sheikh Hasina’s support for madrassa (Islamic schools), which are increasingly associated with Islamist radicalism and militancy in the country. Nazimuddin had also shared posts from Washiqur Rahman Babu who was killed last year in a similar attack, carried out by two madrassa students who claimed they were acting on orders from someone associated with their Islamic schools.

In another post, he proposed a satirical strategy to overcome the aggressive push toward Islamism in the country, writing: “Please let’s have Sharia Law for just five years in Bangladesh. Rule the country with Medina Law. I guarantee you, after this 5 years, no Muslim of Bangladesh will ask for Islamic law! The loss and damage we will have after five years, it will take 1400 years to restore us to a modern country.”

Nurul Amin, assistant commissioner of Sutrapur division police, is reported as saying that the assailants must have kept an eye on Nazim’s activities ahead of the attack, and were aware of his route home. “We are investigating the case sincerely to know the motive of the murder,” he said.
President of the International Humanist and Ethical Union (IHEU), Andrew Copson, commented tonight:

“It is clear from Nazimuddin’s Facebook posts and protest activity that he was a politically and socially engaged young man. He offered criticisms of certain radical religious figures and doctrines, thoughts of a kind that many people, not just atheists and humanists but also many religious people, express all over the world, every day.

“Every time a thoughtful and honest person like Nazimuddin is hacked or gunned down, apparently for doing nothing more than speaking their minds on secularist, political and religious topics, we and others will make a point of finding out what he said, what he did, what he wrote about, and sharing it. It will be seen by more people than ever would have seen it before. And we will remember his name and the growing list of names of those who were singled out and killed, by small-minded, hateful extremists who appear to think that words can be killed. They cannot.”

In 2015, four bloggers variously identifying as humanist, atheist and freethinkers, as well as one publisher of secular books, (http://iheu.org/huge-alliance-protests-government-response-to-bangladesh-blogger-murders/)were killed by groups of men in machete attacks. These men in their writings or actions had all defended freedom of expression and belief, and criticised radical Islamism or particular religious ideas (which they variously regarded as prejudiced or socially detrimental). While this kind of writing and activism, especially where it contains humanistic, atheist or secularist criticism of Islamism, appears to most likely to attract the hit squads, the range of hatred encompassed by Bangladeshi radical Islamists also extends to foreigners and other religions; an Italian aid worker and a Japanese investor were killed in September and October 2015 respectively, an Italian priest was shot in November but survived, and ISIS claimed responsibility for the stabbing of a Christian convert last month ostensibly as a “lesson to others”.
 

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''.