Slums and judicial manoeuvring

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September 14, 2020

Image Courtesy:countercurrents.org

The recent order by the Supreme Court three-judge bench that threatens the homes and livelihoods of an estimated 48,000 families living along 70 km of railway tracks because they were “encroachments which are there in the safety zones,” has understandably raised many concerns. To place this order in context it is necessary to understand the trajectory of the courts and how they have manoeuvred their way from justice into governance that does not lie within their mandate.

The theme in which this order was pronounced goes back to 1985 when a petition was filed before a three-judge bench on the pollution of the river Ganga at Haridwar but targeted the downstream tanneries at Kanpur. When the first order was given in 1987 there were 35 advocates present in court representing the municipality, the pollution control board, and the 43 tanneries. In 2020, in the same theme, the number of advocates was 417 and they represented a host of regulatory bodies, municipalities, railways, solid waste handlers, smog tower makers, standards-setting institutions, and 12 thermal power plants.

How the issue of water pollution in the Ganga is linked to air pollution, railway safety, coal-burning plants, solid waste, air purification, and slums – and the list goes on increasing – is an indication of how the Court has kept manoeuvring its mandate to converge apparently unrelated, and contradictory, issues. In the present case, the EPCA recommended that all non-degradable waste be “given to authorised waste recyclers/pickers”, but the court has responded by evicting the waste-pickers! As for the slums as a safety hazard, the Railways’ own finding is that its safety performance is dependent on how much it invests in infrastructure.

This is not the first time the court has done this kind of manoeuvring. Other cases filed at the same time (1985) have been used to close not only 168 polluting industries (1996) but 75,000 non-conforming ones (2004); restrict diesel (1997) but also order the change from 10,000 diesel to 4,000 CNG buses (1998); ban mining (2002) while also removing 3 labour camps next to Bhatti Mines (2006); protect the Ridge (1995) but at the peril of evicting residents of 21 villages (2014). All these were based on the mistaken hope that they would stop the “adverse effect on the public at large.”

Another case before the court that addressed the issue of removal of garbage was also manoeuvred into other issues. While pulling up the municipalities for not removing garbage, the court commented that “slums are major polluters and they should be removed”. It also gratuitously observed, “Rewarding an encroacher on public land with free alternate site is like giving a reward to a pickpocket.” This casual observation has since been used by many agencies to hold the poor guilty for all problems. In addition, most courts are now following the precedent that the alleged guilty have no right to be heard.

The High Court of Delhi offers several examples of this bias. In 1994 an association of factory owners had filed a writ in this court seeking relief from congestion and the lack of facilities in their industrial area. Another association filed a similar writ for a different area in 2002. They were clubbed together and, suddenly targeting the slums – who were not heard, the Bench held that while “it is undoubtedly the duty of Government authorities to provide shelter for the under privileged”, but “we hereby proceed to squash the same (policy) which requires alternative sites to be provided to slum dwellers.”

At the same time another Bench was hearing 36 petitions by slum dwellers, along with 28 by resident welfare associations, on slum eviction. This Bench too declined to hear the slum dwellers (arguing that the above Bench was hearing them!) but passed orders for the “demolition of all slum clusters which have come up after February 1997.” The Union Government stepped in to file a Special Leave Petition before the Supreme Court against the squashing of resettlement policy and a stay was granted by the court with the proviso that the Union could “proceed with the impugned policy”.

Faced by this turn of events the High Court then on its own decided to address the issue of slums. The Ministry of Tourism prepared a brief showing that slum dwellers were polluting the river Yamuna. The slum dwellers were not heard although a study showed that the 29 drains from their settlements carried only 0.08% of the total sewerage discharged into the river. The court merely ordered “to forthwith remove all the unauthorised structures, jhuggies, places of worship and/or any other structure which are unauthorisedly put in Yamuna Bed and its embankment, within two months from today.” This order was used to evict 60,000 families living on the river bank while ignoring the 23 encroachments on the river bed by the government, religious institutions, and residences.

In another case, the High Court gave an order to remove a settlement on the land belonging to Delhi Vidyut Board to free the road for smooth flow of traffic. The order stated, “the unauthorised occupants also have buffalos and other animals which not only give way to unhygienic conditions but also create hindrance on the smooth flow of commuters on the ring road of Delhi which are in thousands.” Thus, safety, conservation, pollution, congestion, waste, animals, hygiene, and land are all manoeuvred to promote action against slums.

At the base of this trajectory is the fact that slums are not illegal. They are defined as unfit for human habitation, dilapidated, overcrowded; with no ventilation, narrow streets, no light or sanitation; and “detrimental to safety, health, or morals.” Also, it is the Delhi Development Authority that is responsible for creation of slums because of its failure to provide even one-third of the LIG housing that it is legally mandated to provide. The executive and the judiciary both know this and that is why the policy of resettlement exists and judgements follow from that. If slums are to be cleared or improved as per the Act, then “habitable” land becomes the critical (and expensive) issue. Proving encroachment is even more problematic because the rich have illegally occupied far more land than the poor.

That is why courts are turning to the belief that slums are “detrimental to safety, health, or morals”. Such a ‘sentiment’ requires less ‘evidence’ than property rights, occupation dates, and illegal squatting. Unless this kind of manoeuvring by a ‘committed’ judiciary and executive is challenged, and service providers held to account by an independent legislature and a free press, this trajectory is going to continue.

*The author is Director, Hazards Centre

A Swami, an activist, a human and more: A short recap of Swami Agnivesh’s social endeavours

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September 14, 2020

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Image Courtesy:newslead.in

Swami Agnivesh fought a long harrowing battle against the social evils of bonded labour, child labour, communalism all his life. Despite adopting the life of an ascetic, he was deeply involved in socio-political events. He also heavily criticised the manipulation of religion for personal or political gain.

In 1981, he founded the Bandhua Mukti Morcha or BMM (Bonded Labour Liberation Front) to wage a war against the bonded labour system in India. The organisation was established with the view that bonded labour is a contemporary avatar of slavery that should be removed immediately. Accordingly, the BMM identified, released and rehabilitated as many as 1,78,000 labourers from a life of bondage and debt, including 26,000 children.

It may be mentioned that Swamiji was also actively involved in ensuring the rights of children. Thus, among its others responsibilities, the BMM also dealt with child marriage, casteism, discrimination and violence against women, Sati (bride burning,) female foeticide, drug abuse.

As per the organisation’s website, India is still home to an estimated 300 million bonded labourers and 65 million bonded child labourers in spite of the Constitutional rights and prohibitive laws like Bonded Labour System (Abolition) Act 1976, Child Labour (Prohibition & Regulation) Act 1986 among others.

In 1994, Swami Agnivesh became the Chairperson of the UN Trust Fund on Contemporary Forms of Slavery. For his dedicated work in this field, he was awarded the Right Livelihood Award also known as the ‘Alternate Nobel Prize’ in 2004.

However, his concern was not limited to labourers alone. Following the Bhopal Gas Tragedy in 1984, Swamiji staunchly stood in solidarity with the Bhopal activists who demanded justice from the Government. He was among the many political leaders present when the activists broke their hunger strike in Delhi.

He inaugurated the Sambhavna Trust Clinic building for survivors of the Bhopal Gas disaster on April 27, 2005, said a report on International Campaign for Justice in Bhopal. He continued to support the Bhopal survivors’ struggle for justice and a life of dignity.

After the Supreme Court verdict regarding the gas tragedy case, he said the following:

After his demise, people remembered his contribution in the cause.

Sad to hear about Swami Agnivesh. I last interviewed him at Jantar Mantar when he had come to show solidarity with Bhopal gas survivors asking for justice. #RIP
— Gargi Rawat (@GargiRawat) September 11, 2020

While lending his voice to the oppressed, Swamiji also fought an incessant battle against communalism. He led a multi-religious march in 1989 from Delhi to Meerut to protest the communal conflict that resulted in the deaths of 45 Muslim youths. 10 years later, he helped launch the multi-religious ‘Religions for Social Justice’ forum that led as many as 55 religious leaders to where the sleeping Australian Christian missionary Graham Steines and his two sons were burned to death by right-wing Hindu fanatics.

Swamiji along with 72 religious leaders spent five days in the violence-affected areas of Gujarat following the riots of 2002 to decry the Hindu fundamentalist factions responsible for the massacre. Moreover, he launched the Adhyatma Jagaran Manch (Movement for Spiritual Awakening) to prevent another genocide in other States like Rajasthan and Madhya Pradesh. He also vehemently condemned “Hindutva” ideology, which, according to him sought to hijack Hinduism.

Incidentally, he praised the efforts taken by Communalism Combat in their goal to address communal hatred.

“To me, Communalism Combat is not just a publication. It is the instrument of a movement that I deem to be crucially relevant and deeply spiritual, while being religiously neutral. In the last ten years that this inspiring clarion call to peace, communal harmony and social justice has been in existence, it has grown to be the most authentic face of the spirit of resistance to evil and oppression. It is, to me, the secular Gita of our national life, blessed with religious plurality and cultural diversity of a rare kind,” he said.

He also wrote articles like ‘As a religious person, I have no hesitation in recognising that religions have failed human beings’ for the magazine.

In the article he pointed out that social justice is the soul of spirituality; That justice and spirituality are synonymous. He considered both essentially principles of integration required to hold a society together.

“An unjust society must undo itself, sooner or later. It is futile and foolish to clamour for social cohesion and national unity, as long as the divisive and alienating powers of injustice in that society are not contained. The systemic violation of social justice is the primary reason for the endemic disunity in India. It was also because caste injustice was socially legitimised that the spiritual evolution of India got stunted. The same is true also in the history of other religions. As and when Christianity got mixed up with state power and deviated from the paths of justice, it squandered its spiritual substance. Islam too suffered a similar distortion. The rise of materialism has unleashed forces of division and disintegration everywhere. It has aggravated social degradation and communal aggression,” he wrote.

Swamiji’s teachings and efforts will be remembered and revered by all for generations to come.

Defending the Constitution, not just my right, but my duty: Sitaram Yechury

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September 14, 2020

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Image Courtesy:indianexpress.com

Not one to be cowed down after his name was mentioned by the Delhi Police, indirectly, of being somehow an alleged influence into instigating the North East Delhi communal riots, veteran Parliamentarian Sitaram Yechury in an exclusive interview spoke to SabrangIndia’s Teesta Setalvad, called out the repeated targeting of activists who spoke up against the CAA-NPR-NRC. He said he will not be cowed down by such targeting, and will continue fulfilling his duty to speak up against things he sees as anti-Constitutional, just like he, and other activists did when the national Emergency was declared in 1975.

On the current scenario, which is widely being seen as an ‘undeclared Emergency’ Yechury also drew parallels and said “investigative agencies are being used against dissenters who are speaking up”. The only way to combat this, according to the verteran leaders, was to build up “people’s resistance”, which is how the Emergency was fought in the 1970s. However, he did point out a crucial difference that ,“At that time, there was still some semblance of the Parliament and institutions,” but now, “the manner in which institutions are being destroyed is disturbing.” He said that to undermine Constitutional order, and replace it with a “rabidly intolerant and fascist Hindutva Rastra” was the real agenda now.

A case in point is the naming of academics, activists, students, opposition leaders, including Yechury in the “official investigations” on grounds that seem to warrant a double check on the investigation itself. “What they are charging me with is, based on unsigned statements, in garbled language. They said I made a speech in Jafrabad to instigate the Muslims into going for actions that caused the riots. I continue to defend the Constitution. It is not just my right to speak, it is my duty,” said the veteran leader.

He minced no words and said that the Delhi Police were “acting under directions of the Home Ministry” and a “political agenda” was being pursued. The latest statements that name the eminent citizens are “unsigned statements” in identical language, including typos and other errors, as reported. “These are educated young women. I can’t believe they write in such language,” said Yechury, as the statements are being attributed to the scholars currently under arrest, “they base this on unsigned statements and there is doubt on the authenticity. This is their methodology. All these people are named. Then this will be taken to court,” he said adding it is yet to be seen if the court accepts these “statements”.

This is what happened in the Bhima Koregaon case too, added Yechiury, and what is happening to other activists such as Harsh Mander, who has been named in the Delhi riots investigations, and questioned earlier. “The message is that if you do not accept the regime’s agenda, you are an enemy of the state. But if they think we can be cowed down, they are mistaken. It is not only my right, but my duty to protect the Indian Constitution,” reiterated Yechury.

While the current session of the Parliament has been truncated, Yechury said the matter has been raised already, especially by the Left leaders. Even in Parliament, the ruling dispensation may “further their agenda,” he warned, adding that “Notices have been given in both the Houses to discuss this issue. Whether the Chairman or Speaker will accept it, remains to be seen.” He said what is being seen in India today is a form of “Phantom Democracy,” as seen in other totalitarian regimes across the world, “It is just the pretence of a democracy.”

When SabrangIndia editor Teesta Setalvad, pointed out that stringent laws such as the UAPA are being increasingly misused to target young Muslim women and men, Yechiry said that, the “The Delhi Police are acting under directions of the Home Ministry. It is a political agenda that is being pursued.” He said attempts were to “destroy the democracy, Parliament, Judiciary, Election commission. Using law and order machinery as a political arm… Undermining the Constitution.”

“The ideologues of the RSS have identified Muslims, Christians and communists as three internal enemies. They see August 5, 2019, when article 370 was abrogated, and August 5, 2020, when the foundation stone was laid for the Ram Temple are the real Independence days for India according to the Hindutva regime. The message is very clear… If you are opposing me, you will face the music. If you support me, you will be protected,” said Yechury.

Yechury added that we are living in surreal times asking, “What is the ground reality and what is propaganda?” He gave examples of how the “unfortunate suicide by a promising Bllywood actor is being used to make political gains in Bihar. The Prime Minister is feeding peacocks. Privatisation is unbridled loot of national resources.What is the meaning of handing over profitable airports to your cronies?” He pointed out that “Indian agriculture is being handed over to private players. Agriculture and the public sector are being destroyed for private profit. And Adivasis and forest dwellers who nurture our forests are being uprooted. All this is happening when the Covid pandemic is raging!” He said the government was “paralysing people and their protests. People are being left to fend for themselves as the government is furthering their own agenda.”

All that has to be resisted, he said, like the 1975 Emergency was resisted by the people. “My generation fought against the Emergency,” he said that there was a need to continue resisting and fighting against the current scenario. Though even he agreed that politically a “a lot more needs to be done. The Left is together, we had protest actions, but this has to be much larger and wider,” he added the effort must now be on bringing the Opposition together, even though the current Parliament session is truncated, and due to the Covid-19 protocol many members are likely to give it a miss. He added that around “11 ‘anti-people’ ordinances may be converted to Laws”, in this session. “We have already given notices in both Houses to suspend business and raise the issue.”

“What is the way forward,” asked Setalvad. “Only to strengthen popular resistance. At all levels. Use all available forums. Build people’s protest,” said Yechury. He warned that, the targeting was “much larger” now, “and the Prime Minister in his speech even said the agenda was to ‘to liberate India from bondage of 1200 years,’ a clear reference and a deliberate attempt to talk as far back as the Delhi sultanate”, and now the targeting he said was “of every single patriot” and “those who believe in Constitutional values”. He added that institutions that have to upload law are themselves compromised with no checks and balances. A “move towards more totalitarian regimes.”

On being asked if he was worried about his name now being attacked by Delhi police, Yechury was candid, “I am not worried. If I was worried I would not have been where I am now.” However, he warned, “If you do not resist, much worse is yet to come. If you resist you can put brakes, hopefully reverse it…”

The full interview may be viewed here:

No Mid-day meals disbursed in Goa during lockdown: Education Ministry

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September 14, 2020

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In the opening session of Parliament posed Covid-19, the Ministry of Education, formerly known as the Ministry of Human Rights Development, responded to several questions on the status of education, online education and so on. The two relevant data driven questions were the ones related to mid-day meal schemes and enrolment of girls in schools. Venkat Reddy, MP, Congress put forth the question regarding provision of Mid Day meals during the lockdown.

Schools have been shut ever since the Covid-19 pandemic hit the country and it was natural that the government would have had to find a way to fulfil its mid-day meal scheme which includes serving hot meals to primary and upper primary children under the National Food Security Act, 2013. Under the scheme, students in primary school are to be given total 100gms food grain (including 20 gms pulse, 50 gms vegetables, 5 gm oil other condiments) costing Rs. 4.97 and students of upper primary are to be given 150 gms food grain (including 30 gms pulse, 75 gms vegetables, 7.5 gm oil other condiments) costing Rs. 7.45.

The central government had asked states to provide Food Security Allowance (FSA) to the children comprising foodgrains, pulses, oil etc (equivalent to cooking cost) to all eligible children till such time their schools are closed due to the pandemic.

As per data received from states, about 9.5 crore children in the country have been provided with FSA between March and August 2020, only with a few exceptions. The state of Goa has yet to disburse this FSA as it is awaiting clearance from their Finance Department for the proposal. Further, Rajasthan and Telangana deferred from the FSA scheme; while Rajasthan only provided food grains to around 48 lakh children, Telangana provided food kits of 12 kg rice per person and Rs. 1500 per family to BPL families.

The parliamentary answer on Mid-day meals may be read here.

Further, 5 MPs including Hemant Patil and Shrikant Shinde, from Shiv Sena enquired about enrolment rate of girls at different levels of education. The Education minister, Ramesh Pokhriyal, was able to provide 2 year old data of 2017-18 from Unified District Information System for Education (UDISE) stating that Gross Enrolment Ratio (GER) of Girls at primary level for the year 2017-18 was 95.39% and at secondary level was 80.62%. In 2017-18, there were about 12 crore girls enrolled in schools.

As per the 2017-18 data, the highest GER of girls at secondary level was recorded by Delhi, at 115.67%, closely followed by Tripura at 115.43%; on the other hand, the lowest GER was recorded by Uttar Pradesh, at 61.85% followed by Jammu and Kashmir, at 66.10%.

Further, the highest dropout rate of girls at secondary level in 2017-18 was recorded by Assam at 35.2% followed by Bihar at 33.7%. Though shocking, this data is two years old and does not reflect realities amidst the pandemic.

The parliamentary answer on enrolment of girls may be read here.

Who will clean the deep rot in the Indian education system?

All is not well for the Mid-Day Meal Scheme in India

40+ gas leaks, fires at refineries and oil wells in 4 years: Petroleum Ministry to LS

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September 14, 2020

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Image Courtesy:ft.com

On the first day of Monsoon Session, the Lok Sabha dealt with some pertinent questions put forth by Members of the Parliament (MP). The question hour has been cancelled, which means questions will not be asked and answered orally by Ministers but only written answers will be given for each day of the session.

A total of 7 MPs, including Supriya Sule and Dr. DNV Senthilkumar, asked Dharmendra Pradhan, the Minister of Petroleum and Natural Gas about the massive fire at Baghjan oilfield in Tinsukia, Assam at a plant operated by of Oil India Limited (OIL). The questions were pertaining to effect on human capital, plans for compensation, safeguard measures, number of incidents of such gas leakage in the country and details on inquiry set up to probe into the incident.

The Ministry replied stating that about 3,000 affected families around the oilfield were evacuated to rehabilitation camps and there have been no casualty of local residents, but OIL lost 3 employees. However, local residents claim that 5 people from a village named Natun Gaon, near the gas well site, allegedly succumbed to the toxic gas-induced poison, as reported by Assamese daily Asomiya Pratidin.

Further, 2,756 families have been identified for compensation as per a committee constituted by District Administration for assessing damage of property. Further, about Re 10 crores have been deposited with the administration to pay compensation of Rs. 30,000 to 3,645 affected families.

As per National Green Tribunal’s order for interim compensation, 12 families have been identified for compensation of Rs. 25 Lakh, 57 families have been identified for Rs. 10 lakh compensation and 561 families have been identified for compensation of Rs. 2.5 lakh depending on how much damage has been caused to their houses. However, there is not definite data on whether these amounts have reached the affected families, as the case should be. The Sentinel reported that as of July 19, 11 families had received compensation of Rs. 20 lakh each.

On the number of incidents of gas leakage and fire break out, the Ministry stated that from 2017 until August 2020, there have been 24 such incidents at refineries and 18 such incidents at oil fields/wells.

The Ministry also stated that “in most incidents of gas leakages in any pipeline, the oil & gas wells are closed immediately to prevent fire/loss of oil and gas and after carrying out leakage rectification job, operations are normalised and production is restored.” However, on June 24, Assam Pollution Control Board withdrew the closure notice served upon OIL basis an affidavit submitted by OIL “subject to certain conditions”.

On May 27, there was a blowout at one of OIL’s gas-producing wells in Tinsukia, Assam. he well was producing 100,000 standard cubic metres per day (SCMD) of gas from a depth of 3,870 metres (4,234 yards) before the blowout. On June 9, a massive fire engulfed the oil well. In general, a blowout is the uncontrolled release of crude oil and/or natural gas from an oil well or gas well after pressure control systems have failed. An accidental spark during a blowout can lead to a catastrophic oil or gas fire.

The Assam government stated on September 2 during an Assembly Session, that the fire at the oil wells could possibly continue for 2 more months.

The Parliamentary answer may be read here.

No warrant, no due process: UP’s ‘Special Force’ to bend all rules!

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September 14, 2020

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The Uttar Pradesh government has officially announced the creation of a “special force” that will have the “power to search without warrant”. Any member of the force will have the power to “arrest a person without any order of a magistrate and without any warrant (the manner of the powers exercised under this section shall be governed by the rules prescribed in this behalf.)”

Chief Minister Adityanath’s government announced this and issued a notification Sunday. This confirms the formation of the Uttar Pradesh Special Security Force (UPSSF), which as mentioned will not even need a legal warrant to arrest anyone or conduct searches on any premise or property, as long as it is “sure about the crime”. The announcement was made public on twitter and the state’s ACS, Home & Information, Awanish Awasthi was duly marked.

बल का कोई सदस्य किसी मजिस्ट्रेट के किसी आदेश के बिना तथा किसी वारण्ट के बिना किसी व्यक्ति को गिरफ्तार कर सकता है (इस धारा के अधीन प्रयोग की जाने वाली शक्तियों की रीति इस निमित्त विहित नियमावली द्वारा शासित होगी): ACS, गृह व सूचना, श्री @AwasthiAwanishK जी
— Government of UP (@UPGovt) September 13, 2020

The Force will cost around Rs 1,800 crore. According to Additional Chief Secretary (Home) Awanish Awasthi, “The headquarters of the UPSSF will be in Lucknow and an ADG-level officer will head the force. Initially, five battalions of UPSSF will be formed,” stated news portal The Print. It reported further details, stating that the special force will be responsible for security of important govt buildings, offices & industrial establishments in Uttar Pradesh. Private firms can also hire services of the force. The report added that CM Adityanath announced the formation of the force on June 26 which was then subsequently passed by state cabinet. “The UPSSF got the nod from the DGP of the state. This force will be deployed at places like metro rail, airports, industrial institutions, courts, religious places, banks and other financial institutions,” Additional Chief Secretary (Home) Avaneesh Awasthi was quoted in the news report. Around 9,919 personnel will be deployed with the force within three months in the first phase, and 1,913 posts will be created later.

According to a news report, the UP government, raising the five battalions will initially cost Rs 1747.06 crore. It is being reported that this force is being constituted on the lines of the “Central Industrial Security Force (CISF)” and that the proposal for the constitution of a special force came on the “directions of the Allahabad High Court after incidents of violence were reported on the premises of courts in December last year.” However it is not yet clear why the force will also have sweeping powers to search and arrest any citizen it wants. The existing security forces in the state already have multiple powers.

The Uttar Pradesh government has also continued to push its agenda against what it has termed as “love jihad’. According to a report in The Indian Express the Inspector General, Kanpur Range, Mohit Agarwal now said, “The inquiry would find out if is there any connection between Muslim youths involved in such cases. The probe team would also look into the conspiracy part and see if youths are being funded from abroad.”

The news report states that one such case is that of a 21-year-old who left home in July to marry her partner, a Muslim man. She had uploaded a video a few days after she left home and shared that she had married a Muslim man and converted. The woman sought protection and said that her parents had lodged a “false FIR of kidnapping” against her partner.

Now, stated IE, armed with a list of cases from Kanpur police stations involving Hindu-Muslim couples in the past two years, “a nine-member team headed by a Deputy Superintendent of Police-rank officer is looking into allegations of “love jihad”.” The probe follows claims about such cases in the area by right-wing Hindu organisations, including the VHP.

Even though such cases fall flat as both partners are of marriageable age and in consensual relationships. Recently, reported IE, a woman testified before a magistrate that she was a major and had married a Muslim youth of her own volition, and deflated all allegations of ‘love jihad’. The IE quotes, Inspector General, Kanpur Range, Mohit Agarwal, “The inquiry would find out if is there any connection between Muslim youths involved in such cases. The probe team would also look into the conspiracy part and see if youths are being funded from abroad.”

Now a police team, headed by DySP Vikas Kumar Pandey, is “looking at allegations regarding 11 such cases”, by “collecting information on the couples, recording statements of their family members, as well as checking call detail records of the Muslim youths, Pandey said”. Sources told IE that “their bank accounts will also be checked.” According to IG Agarwal “a group of people had met him recently” and sought such a probe. He refused to tell the media who they were, except that they were “locals”. However Assistant Superintendent of Police, Kanpur, Deepak Bhuker told IE that the team was only conducting an “inquiry” to see if there was any “planning” behind the incidents, and not an “investigation”.

The news report quotes Pandey, “We are finding out where and how they met. Has any person played the role of a middleman? The police team is also collecting details from their relatives and friends. We are also finding out if any of the Muslim youths had hidden their real identity. We are also studying call detail records of the youths found involved in such matters.”

In the the matter of the 21-year-old who left home in July, and put up a video a few days later saying she had married a Muslim man and converted, Suresh Singh, the Senior Sub-Inspector of Babupurwa Police Station, was quoted by IE, as saying that “the couple had approached the court and the woman had told a magistrate that she had married as per her choice”. He said that “since the woman is a major, there was nothing for the police to do and they would conclude the investigation”.

Another case is of a Muslim man named Fateh Khan, who is accused of passing himself off as Aryan Malhotra. He allegedly had two separate Aadhaar cards under the two names. The Hindu family in whose house he had rented a room for the past two years had later accused him of abusing their minor daughter, stated IE. Station House Officer, Naubasta Police Station, Kunj Bihari Mishra said the man had since been booked on rape charges and jailed.

It is reported that VHP’ leader Deen Dayal Gaur, had met the IG, Kanpur range, last month because they suspected “that Muslim youths were targeting Hindu girls who are from poor backgrounds”. “We requested the IG to look into such cases, and also check if these youths are being funded from anywhere,” said Gaur.

Related:

UP just got its first detention camp

Men lynched by mobs, cab driver killed by passengers in UP

ICMR’s grim report: Nearly 40% of Indians already exposed to Covid-19!

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September 14, 2020

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For every Covid-19 case detected, a minimum of 80 coronavirus cases go undetected, said the Indian Council of Medical Research (ICMR) as per a report by Deccan Chronicle.

The results published in the Indian Journal of Medical research showed that the range of undetected cases could be from 80-130 persons. The ICMR conducted a seroprevalence survey from May to June to check the level of a pathogen in the population. The survey showed that 40 percent of the Indian population is already exposed to the disease. Meanwhile, the US is estimated to have 10 missed cases for every one confirmed case.

As of September 14, the Worldometer records over 48 lakh coronavirus cases in India. Even with ICMR’s lowest estimate, this means that the actual number of Covid-19 cases in the country could be many times the aforementioned figure. These missing cases include asymptomatic, mild or severe cases as well as deaths unknowingly caused by coronavirus. It is worth mentioning that this is the first national survey for Covid-19, conducted when the pandemic was still gathering steam. In May, the study recorded cumulative 64,68,388 infections.

The medical organisation stated that the wide discrepancy between the actual number of cases and detected cases may be due to the selective testing of only those people who had symptoms of severe and acute respiratory infection. Moreover, there is a large variation in the testing methodology used by states. The ICMR said community testing would have given a better picture of the infection’s reach. The results also indicate that mortality data related to Covid-19 deaths could be incomplete since many such deaths must have gone unnoticed.

To address this issue the ICMR gave the following recommendations: Implementation of context-specific containment measures; Testing of all asymptomatic cases; Isolation of positive cases; Tracing of high-risk contacts, to slow the transmission rate and overburdening of health systems.

In the Deccan Chronicle report, Managing Director of Thyrocare Technologies Limited Dr A. Velumani, said, the antibody prevalence in the population as of September is 27 percent. He acknowledged that the virus has spread very fast, and that the country’s priority should be to control the number of deaths. As the country progresses with its Unlock policies, cases will continue to rise but the number of deaths must not increase. The focus should now be on reducing mortality.

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Civil society bats for Prashant Bhushan as he deposits Re 1 with SC

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September 14, 2020

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On Monday, activist and senior advocate Prashant Bhushan deposited Re 1 fine that was imposed on him by the Supreme Court when it found him guilty of contempt on August 31. The court fined him one rupee that he must deposit with the Registry by September 15, failing which he would be required to serve a three-month sentence and be debarred from practicing law for three years.

“Just because I am depositing the fine doesn’t mean I accept the judgment. I have filed a review petition,” said Adv. Bhushan when he reached the SC to deposit his fee via a draft for the amount of Re 1. Members of Mazdoor Kisan Shakti Sangathan accompanied him and they brought along several Re 1 coins, their contribution to a Truth Fund.

“This money will be used to fight cases of people being targeted for exercising their right to free speech. The regime is trying hard to curb freedom of expression and dissent. Umar Khalid has been arrested. They have named many others like Jayati Ghosh and Professor Apoorvanand,” said Adv. Bhushan.

Meanwhile, Campaign for Judicial Accountability and Reforms (CJAR) and Swaraj Abhiyan organised a webinar where several legal luminaries, journalists and activists expressed solidarity with Adv. Bhushan, and raised concerns about the manner in which dissen.

Justice Madan Lokur raised concerns about the widespread misuse of the sedition law saying, “State is using an iron hand to curb free speech. Sedition is a very serious offence. Lokmanya Tilak and Gandhi were charged under sedition. Today the common man is facing this charge.” Standing by Bhushan he said, “It was not his intention to denigrate the SC. His tweets were misread and contempt proceedings were initiated.”

“Right now, the Supreme Court is under a spotlight,” said senior journalist N Ram. “Instead of curbing free expression, this case has had a stimulating effect, with more robust criticism of the court now taking place in articles and debates.”

Activist Anjali Damania said, “When we should be focusing on the plight of migrant workers and the failing economy, it is unfortunate that people like Prashant Bhushan are being targeted.”

The verdict in Prashnat Bhushan’s contempt of court case was pronounced by a bench comprising Justices Arun Mishra, B R Gavai and Krishna Murari. It is noteworthy that Adv. Bhushan repeatedly refused to either apologise for his tweets or retract them. In a statement released at that time, Bhushan had said, “Today in these troubling times, the hopes of the people of India vest in this Court to ensure the rule of law and the Constitution and not an untrammeled rule of the executive. This casts a duty, especially for an officer of this court like myself, to speak up, when I believe there is a deviation from its sterling record.” He added, “My tweets represented this bonafide belief that I continue to hold. Public expression of these beliefs was I believe, in line with my higher obligations as a citizen and a loyal officer of this court. Therefore, an apology for expression of these beliefs, conditional or unconditional, would be insincere.” Bhushan went on to say, “An apology cannot be a mere incantation and any apology has to, as the court has itself put it, be sincerely made.” He concluded saying, “If I retract a statement before this court that I otherwise believe to be true or offer an insincere apology, that in my eyes would amount to the contempt of my conscience and of an institution that I hold in highest esteem.”

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Civil society bats for Prashant Bhushan as he deposits Re 1 with SC

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