Home Blog Page 2568

Sedition Charges Slapped on Activists in Tamil Nadu

0


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

0

 

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.

Honour killing: Monica killed by family for falling in love with Dalit boy

0

Mandya police have said that the brutal killing of a caste-Hindu girl, who was in love with a Dalit boy, is suspected to be a case of honour killing by the girl’s family. A case of murder has been booked against the girl’s father and two maternal uncles.

District superintendent of police, Sudheer Kumar Reddy has spoken to wide sections of the Indian media on the issue. He is reported to have said that the father and two maternal uncles were interrogated on Monday during which they admitted to murdering the girl and hanging her from a tree near the house to make it seem like suicide.

The 18-year-old victim, identified as Monica, belonged to the Gowda community. According to the police, her family cremated her body on their farmland in Timmana Hosur village in Mandya Taluk at 4 am on Sunday. The hurried cremation conducted before sunrise gave rise to suspicion and the police rushed to the spot. However, the body was completely burnt leaving no proof.

SP superintendent of police Sudheerkumar Reddy was quoted by the media as saying that Monica's father Mohan and maternal uncles Suresh and Ramakrishna killed Monica around April 2 midnight after she refused to give up her love for a dalit boy and stay away from him.The accused were enraged that Monica had even dared to flee her house and join her lover Police arrested Mohan and Suresh and are looking for Ramakrishna who helped cremate the body.

“We repeatedly interrogated all the family members separately for hours and there were many inconsistencies in their statements. When we countered the father and the maternal uncle with the gaps in their narrative, they admitted to the crime,” the SP ha stold the media. “Monica’s father Mohan and maternal uncle Ramakrishna murdered her late on Saturday night. We are still getting details on how she was killed. The other maternal uncle Suresh, helped them hang the body from a tree near the house to make it appear as if it was a suicide,” he said.

Following this, police detained Monica’s parents and a few relatives on Sunday morning. The villagers who were convinced that the girl had committed suicide, opposed the detention. They said that the village was celebrating the village deity's festival and it was inauspicious to keep a dead body at such times. Hence the family was forced to hurry with the cremation.

He added that the family had also physically tortured Monica, a PUC student who had gone missing on March 31 and was returned to her residence with the help of the Mandya Rural police a day later. Asked how the family found out about her relationship, the SP said that she had previously attempted to elope from the house and the family got to know through sources that she was in love with the boy. According to Reddy, on April 2, Mohan, Suresh and Ramakrishna (brothers of Monica's mother Bhagyamma) tried to persuade the girl to forget about the dalit boy, saying her conduct would bring a bad name to the family. When Monica flatly rejected their request and said she would marry her lover, the accused hatched a conspiracy to kill her.

The Newsminute reported that members of Karnataka Jana Shakti, a human rights group, organised a protest on Monday, April 4 in Mandya district against the incident.

Malige, who works with the human rights group, said that in the last 5 years, excluding the current case, there have been five instances of honour killing from Mysore, Mandya and Ramnagara districts that they have come across. However, there have been no convictions in these cases because persons belonging to minority communities in the villages are discouraged from pursuing these cases further. Most of these honour killings are done by people belonging to OBC communities, she said.

"The accused would go to jail for 6 to 7 months and come out on bail. Especially because there is nobody to prove the murder," said Malige. "Take for instance this case, the boy is a Dalit and his community is in the minority compared to the larger and more powerful Vokkaliga community. Fearing repercussions, the boy's family might not let him say anything that could be taken as evidence of murder," she said. 

"The girl’s family deliberately burned the body so that all the evidence of murder is erased," she added.

Indispensability of Dissent: A citizen’s right and duty to judge democracy

0

 

Vice President of India Hamid Ansari delivered the first Ram Manohar Lohia Memorial National Lecture at ITM University, Gwalior on 23 September 2015.

Here is the text of his speech:

I deem it a privilege to be invited to deliver the First Ram Manohar Lohia Lecture. I am also happy for this opportunity to visit the campus of the ITM University, Gwalior and to interact in some measure with the academic community present here.

No single adjective, or set of adjectives, can adequately describe Ram Manohar Lohia. For over two decades he was the 'stormy petrel' of Indian politics. He was erudite and had a passionate interest in all matters relating to human freedom, justice and dignity. He earned recognition of his knowledge of law from none other than the British magistrate trying him for preaching against the war effort in 1939. Earlier, in November 1936, he joined Jawaharlal Nehru when the latter founded the Indian Civil Liberties Union (ICLU) with Rabindranath Tagore as its president. The concept of civil liberties, Lohia said on that occasion, "defines state authority within clear limits. The task of the State is to protect these liberties. But States usually do not like the task and act contrarily. Armed with the concept of civil liberties, the people develop an agitation to force the State to keep within clear and well defined limits".

Dr. Lohia was an idealist and had his icons in the early period; Mahatma Gandhi represented his "dream", Nehru his 'desire" and Subhash Bose his "deed". This idealism led him to request Gandhi ji to propose to world leaders a four point program: (1) cancellation of all past investments by one country in another (2) unobstructed passage and the right of settlement to everybody all over the world (3) political freedom of all peoples and nations of the world and constituent assemblies and (4) some kind of world citizenship.
Gandhi ji was indulgent but did not act on the suggestion.

Lohia was a socialist and an avowed anti-communist. He was amongst the few who struggled with the difficulty of transferring the ideology of socialism from Europe to non-European cultural locations. He differed with the Congress leadership on a whole range of issues. These included the acceptance of the decision on Partition in 1947 and he wrote a detailed monograph entitled The Guilty Men of India's Partition. He had pronounced views on the caste system and the damage it has done to Indian psyche. These were candidly, albeit brutally, expressed in another monograph,
The Caste System. At the same time, he was realistic about ways of modulating it, as is evident from the following passage:

"To stop talking of caste is to shut ones eyes to the most important single reality of the Indian situation. One does not end caste merely by wishing it away. A 5000 year long selection of abilities has been taking place. Certain castes have become especially gifted. Thus for instance the Marwari Bania is on top with regard to industry and finance and the Saraswat Brahmin in respect of intellectual pursuits. It is absurd to talk about competing with these castes unless others are given preferential opportunities and privileges. The narrowing selection of abilities must now be broadened over the whole and that can only be done if for two or three or four decades backward castes and groups are given preferential opportunities. I must here make distinction between opportunities for employment and those for education. No one should be turned away from the portals of an educational institution because of his caste. Society on the other hand would be perfectly justified in turning those away from its employment whom it has so far privileged. Let them earn their living elsewhere. Society is required alone to equip them with the necessary educational ability."

Despite the adulation of earlier years, Lohia's criticism of Nehru and his policies after early 1940s was trenchant. His articulation of the principles of the Congress Socialist Party transmuted itself in the fifties into the Praja Socialist Party which, as he put it, "is as distant from the Congress party as it is from the communist and the communalist parties." He had a nuanced view of the parliamentary form of government and advocated alongside the option of direct mass action. He told his party colleagues in 1955 that instead of an insurrectionary path they ought to choose a balanced mix of constitutional action and civil resistance where necessary.

Lohia's advocacy of issues relating to farmers took a practical shape in 1954 when the UP Government increased irrigation rates for water supplied from canals to cultivators. In his speeches in the area, he incited cultivators not to pay "the enhanced irrigation rates" to Government. He was severely critical of the state Government. He was arrested and charged under Section 3 of the U. P. Special Powers Act, 14 of 1932. In a habeas corpus petition in the High Court, he contended that the Act, and particularly Section 3 of it, stood repealed under Article 13 of the Constitution on account of its being inconsistent with the provisions of Article 19. The Court, in its judgment, addressed two questions: firstly, that Section 3 of the Act, making it penal for a person by spoken words to instigate a class of persons not to pay dues recoverable as arrears of land revenue, was inconsistent with Article 19 (1)(a) of the Constitution and secondly, that the restrictions imposed by this section were not in the interests of public order. The Court ordered that he be released, and costs paid.

Throughout the fifties and early part of the 1960s, Lohia's critique of government policies was unrelenting. He was elected to the Lok Sabha in August 1963 and a few days later delivered a sharply focused speech in an adjournment motion expressing dissatisfaction with the government's policies and postures. He even used some archaic expressions: "Parliament," he said, "is the master whereas the Prime Minister is its servant. The servant has to behave modestly and politely with his master." He utilized the parliamentary platform to express powerfully his views on what he considered were shortfalls in domestic and foreign policy issues. At the time of the Presidential election in 1969 in which he was an ardent supporter of the former Chief Justice of India Subba Rao, he called upon the youth to think about politics focused on five principles: socialist unity, unity of all opposition parties, joint demonstrations, single purpose platforms, and hard work.
Rammanohar Lohia's political legacy, and the impulses generated by it are very much in evidence today and has been so for over two decades. "In the world of politics," as one of his ardent scholar-activist followers has put it, "Lohia is remembered today as the originator of OBC reservations; the champion of backward castes in the politics of north India; the father of non-Congressism; the uncompromising critic of the Nehru-Gandhi dynasty; and the man responsible for the politics of anti-English."
Commentary on this graphic summing up is unnecessary. Time and experience will tell if Lohia would have urged a greater measure of flexibility in the strategies of affirmative action currently underway. My purpose this afternoon is to focus on the principle of dissent in democracy that Dr. Lohia personified and its relevance for the continuing success of functioning democracies anywhere in the world.

II.
In 1950 the People of India gave themselves a Constitution that promised to secure to all citizens, inter alia, "liberty of thought, expression, belief, faith and worship." This was given a concrete shape by the specific rights guaranteed by Articles 19 and 25 and the associated framework ensuring their implementation. The past six and a half decades have witnessed the manner, and the extent, of their actualization.

The Constitution was not crafted in a vacuum. It was preceded by the Freedom Movement and the values enunciated in it. These were formally encapsulated in the Objectives Resolution of January 22, 1947. At the same time the Constitution-makers, or some amongst them, were not unaware of the pitfalls. In his speech at the end of the drafting process in the Constituent Assembly, Ambedkar had warned about the impending "life of contradictions."

Ambedkar spoke of the danger posed to political democracy by disconnect between political equality and socio-economic inequality. A few decades later two eminent sociologists commented on some of its underlying aspects. The noted the backdrop of two competing narratives: "the civilisational history of co-survival of communities and the political history of ethnic competition and conflicts." They said "the use of the coercive power of the State for effecting homogenization in the society and the counter-violence by the political-cultural entities resisting such incursions by the state constitute the problem of the political system in India today." They enquired "whether the institutional imperiousness of the liberal state can be effectively countered by the popular movements" and felt the challenge in India "is to discover and press on the softer edges of the space within which the transformative, democratic movements find themselves enclosed. In this sense, the challenge for these movements is as much intellectual as political."

The quest for correctives often found expression through assertions relating to freedom of expression and its concomitant, the concept of dissent. It is concept that contains within it the democratic right to object, oppose, protest and even resist. Cumulatively it can be defined as the unwillingness in an individual or group to cooperate with an established authority – social, cultural or governmental. In that sense, it is associated with critical thinking since, as Albert Einstein put it, "blind faith in authority is the greatest enemy of truth".
It has been observed with much justice that the history of progress of mankind is a history of informed dissent. This can take many forms ranging from conscientious objection to civil or revolutionary disobedience. In a democratic society, including ours, the need to accept difference of opinion is an essential ingredient of plurality. In that sense, the right of dissent also becomes the duty of dissent since tactics to suppress dissent tend to diminish the democratic essence. In a wider sense, the expression of dissent can and does play a role in preventing serious mistakes arising out of what has been called "social cascades" and "group polarization" which act as deterrent on free expression of views or sharing of information.

Dissent is important in a democracy; but the freedom to dissent isn't improving much

Dissent as a right has been recognized by the Supreme Court of India as one aspect of the right of the freedom of speech guaranteed as a Fundamental Right by Article 19(1)(a) of the Constitution. The court has observed that "the restrictions on the freedom of speech must be couched in the narrowest possible terms" and that the proviso of Article 19(2) is justiciable in the sense that the restrictions on it have to be 'reasonable' and cannot be arbitrary, excessive or disproportionate.

In the globalizing world of today and in most countries having a democratic fabric, the role of civil society in the articulation of dissent has been and continues to be comprehensively discussed; so does the question of its marginalization or suppression.

III
Despite the unambiguously stated position in law, civil society concerns about constraints on the right of dissent in actual practice have been articulated powerfully. "On the surface," wrote one of our eminent academics some time back, "Indian democracy has a cacophony of voices. But if you scratch the surface, dissent in India labours under an immense maze of threats and interdictions." Referring to the then new reporting requirements for NGOs, he said:"nothing is more fatal for disagreements and dissent than the idea that all of it can be reduced to hidden sub-texts or external agendas…The idea that anyone who disagrees with my views must be the carrier of someone else's subversive agenda is, in some ways, deeply anti -democratic. It does away with the possibility of genuinely good faith disagreement. It denies equal respect to citizens because it absolves you of taking their ideas seriously. Once we have impugned the source, we don't have to pay attention to the contents of the claim…This has serious consequences for dissent."

This was written in 2012. It is a moot point if, given the Pavlovian reflexes of the Leviathan, things would have changed for the better since then. Informed commentaries suggest the contrary.
Every citizen of the Republic has the right and the duty to judge. Herein lies the indispensability of dissent.

Jai Hind.