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JNU Controversy: Umar, Anirban granted six months interim bail by Delhi court

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Image: NDTV

Umar Khalid and Anirban Bhattacharya have both been granted six months interim bail by the Sessions Court, Delhi.

Additional Sessions Judge Reetesh Singh granted the bail plea of Umar and Anirban and directed both the accused to furnish Rs 25,000 as surety amount.Delhi’s Patiala House Court on Friday granted six months interim bail to JNU students Umar Khalid and Anirban Bhattacharya, slapped with sedition charges by the Delhi police. The Delhi police comes under the direct control of the Ministry of Home Affairs (MHA), New Delhi.

Additional Sessions Judge Reetesh Singh granted the bail plea of Umar and Anirban and directed both the accused to furnish Rs 25,000 as surety amount. The two students had earlier moved the sessions court seeking bail on the grounds that since the co-accused and JNU student union leader Kanhaiya Kumar has been granted bail by the Delhi High Court in the present matter, both of them are entitled to be released on bail on the “ground of parity”. They had also told the court that allegations levelled against them of raising “anti-national slogans” hailing Afzal Guru are “false” and that they should be granted bail on these grounds.The duo further stated that they “have deep roots in the society” and would not flee from justice during the investigation.

Both Umar Khalid and Anirban Bhattacharya had raised the plea of parity with the JNU students union president Kanhaiya Kumar, who has been released by the Delhi High Court on an interim bail for six months. The applicants also said the incident, commemorating the hanging of Parliament attack convict Afzal Guru, did not attract the criminal provisions of sedition. The prosecution had contended that the allegations against the accused were grave and they were the main organisers of the event, in which some “anti-national” slogans were also raised. The intention of the two students, who were in judicial custody, was to “create hatred” against the established government, which attracted sedition charges, according to the prosecution.

Chhatisgarh Repression Continues: Dr Saibal Jana arrested in 24 year old case

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UPDATE:
March 26,2016

Advocate Sudha Bharadwaj confirmed that Dr. Jana has been granted bail by the Durg Court on Saturday, March 26, 2016

Dr Saibal Jana, chief physician of Shaheed Hospital at Dalli Rajhara, Chhattisgarh has been arrested. He was picked up late at night (March 17) by the Chhattisgarh police. The hospital was founded Chhattisgarh Mukti Morcha led by Late Shankar Guha Niyogi and run by money collected from the workers of the area. Dr. Jana's arrest comes close on the heels of the acid attack on Soni Sori and harrassment of her relatives and the continued torture allegedly afoot in south Bastar.

The motives behind Dr Jana being arrested in a 24 year old case are not known. Advocate Sudha Bhardwaj speaking to Sabrangindia said that the next step would be to move for bail. Dr.Saibal Jana was arrested in a case related to the police firing on agitating workers of the Bhilai Industrial Area on 1 July, 1992. Dr Jana was, on that day, among the team of doctors providing medical assistance to trade union activists of the Chhattisgarh Mukti Morcha who were injured. Many activists and civil rights groups believe that Dr Jana’s arrest in this case, after a gap of 24 years, is allegedly motivated by sheer vendetta against him by BJP led Raman Singh government, that has been waging a crackdown on Adivasis, activists, doctors and lawyers who stand up for the democratic rights of workers, farmers and ordinary Indian citizens.

Dr Jana has served the people of Chhattisgarh selflessly for over three decades and deserves to be given a national award for his service to humanity. Instead the BJP government in Chhattisgarh is persecuting him, which is a matter of shame for all those who believe in the rule of law, fundamental rights enshrined in the Constitution and even basic human decency. Citizens groups have made a demand that all cases against Dr Jana should be withdrawn and he should be released with an apology.

Sign this petition demanding the release of Dr. Jana

The arrest of Dr Jana comes after a series of attack on democratic organisations, activists and journalists in the state. On February 20, 2016 Soni Sori was attacked with an acid like substance.

The Jagdalpur Legal Aid group (Jaglag), currently consisting of lawyers Shalini Gera and Isha Khandelwal were also hounded out of Jagdalpur on the night of February 20, itself an hour before Soni Sori was attacked. Their landlord was picked up and detained in the police station and under threat asked them to vacate their house and office. Jaglag has been providing legal aid to Adivasi prisoners under trial in the Bastar region of Chhattisgarh since 2013.

For the past year and a half, both lawyers were being hounded by the local police. They have been faced with thinly veiled threats at press conferences insinuating that the police are closely monitoring NGOs providing "legal aid to Naxalites". Their clients have been informed that the police are about to arrest them for Naxalite activities. Visiting journalists and researchers have been told that they are a "Naxalite front. The local Bar Association, clearly prompted by the police, passed a resolution on October 3, 2015 prohibiting them from practicing in the local courts. On their complaint, the State Bar Council of Chhattisgarh passed an interim order allowing them to practice again.

Bela Bhatia, an independent researcher, living in Bastar has similarly been working with Soni Sori and Jaglag on documenting and filing cases of human rights violations and people’s livelihoods. She has also been collecting information on the systematic use of violence by armed personnel and security forces. Bela Bhatia has also been threatened and her landlord is constantly been called for 'police questioning.; It has been alleged that former Salwa Judum members, under the banner of Samajik Ekta Manch and groups such as the Naxal Pedit Sangharsh Samiti have threatened her along with Jaglag and Soni Sori.

Malini Subramanium, an independent journalist, reporting on issues in Chhattisgarh including the closing down of schools, women and children, as also the brutal violence by security forces against the Adivasis, fake encounters and surrenders in the Bastar.  region had to suddenly leave after similar kinds of coercive tactics were employed. The domestic worker in Malini’s house was called and kept in the police station till late at night to terrorize her into implicating the journalist of being Naxalite. Her landlord was similarly threatened by the police into asking her to vacate the house. Malini, fearing for the safety of those who have always stood by her, left Jagdalpur on February 19, 2016.
 
Background
 
On the day after news, of Dr Jana’s arrest, March 18, Business Standard carried this story: (http://www.business-standard.com/article/current-affairs/chhattisgarh-govt-cancels-tribal-rights-over-forest-lands-116021601327_1.html Chhattisgarh govt cancels tribal rights over forest lands: Forest Rights Act allows government to divert forest lands for other purposes only after prior consent of the tribals through gram sabhas)
 
According to the story the Forest rights of tribals over their traditional lands in Ghatbarra village of Surguja district have been taken away by the Chhattisgarh government to facilitate coal mining of Prasa East and Kete Besan coal block. The block has been allocated to Rajasthan Vidyut Utpadan Nigam Limited (RVUNL) and Adani Minerals Private Limited. The latter is a 100 per cent subsidiary of Adani Enterprises and RVUNL is a Rajasthan government enterprise. In an order passed on January 8, the government had cancelled the community land rights of the tribals in the village, given under the Forest Rights Act (FRA). The government, in the order, stated that the villagers had been using their legal rights over the forest land to stop work of mining in their village, which falls in the Parsa East and Kete Besan coal block. It is the first such order to come to light in India, where community rights of tribals have been cancelled after being granted through the process laid down in the FRA. The FRA is a national law that is now clearly thought to be thwarted.

Business Standard reviewed the January 8 orders cancelling the land rights of the tribals in the village. The Chhattisgarh government and the district authorities, however, did not respond to the queries. The FRA does not provide for revocation of either community or individual land rights once granted under the law. The law and the attendant regulations provide only for the government diverting the forest land for some other purpose after prior consent of the tribals through their gram sabha. Under the FRA, tribals are empowered to claim individual and community rights over forest lands they have traditionally hold on. The gram sabha of Bhatbarra did so and in September 3, 2013 they were handed over the lands by the state government.

Business Standard :" After that, the village became aware that the coal block could remain susceptible to mining despite the Supreme Court orders cancelling earlier allocations. In October 2014 the gram sabha (village council) of Ghatbarra, along with 19 other villages, took out a formal resolution opposing the mining in their lands. Under the FRA, the gram sabha is the only authority empowered to decide the future of traditional tribal lands. The FRA also requires that the claims and rights of all tribals and other forest-dwellers are settled before the government looks to remove them under section 4(5) of the law and other rules.

But the central government gave the clearance to divert the land for mining in 2012 without settling the rights. Business Standard reviewed the orders of the environment ministry. One set of orders said the land would be diverted only once the rights of the tribals and others had been settled. But then later orders (called stage 2 forest clearance) handed over the land for mining without ascertaining that the rights had actually been settled.

The state government in its order dated January 8 notes (translated from Hindi): “When the administration tries to get diversion of forests done for the Parsa East and Kete Besen open coal block, the villagers, using the context of the land rights given by the collector to them, create barriers and protest to stop work.” The order notes that this was investigated by the forest department. The conservator of forests of Surguja found that the land rights were given to tribals in 2013 while the forest clearance to RVUNL had been given in 2012. He concluded, therefore, the community forest rights given to the tribals could be cancelled.

 

Gauhar Raza slaps notice on Zee News, seeks compensation and public apology

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"When a powerful media like television turns against voiceless and powerless citizens, this is a matter of great concern in a democracy. In Pakistan too this has not happened; though the State turned against its people, the media did not," Gauhar Raza to SabrangIndia.

Outraged and aggrieved at being portrayed as anti-national (See Link) well known poet, scientist and academician Gauhar Raza has lodged a strong complaint. (Here is a copy). The complaint to Zee News has alleged that the show “caused serious and severe harm to my reputation and has endangered the safety of my family and me.” Raza has also sought a corrigendum, public apology and compensation of Rs one crore from the channel.

In a letter and e-mail to Prasanna Raghav, the additional vice president for strategy and execution at Zee Media Corporation Limited, Raza has alleged that the telecast of the programme – Afzal Premi Gang ka Mushaira – which first aired on March 9, 2016 with multiple telecasts over the following days, constituted a “grave and repeated breach of the News Broadcasters Association’s Code of Ethics and Broadcasting Standards.” Raza states that the programme, ostensibly on the annual Shankar-Shad Mushaira that took place in New Delhi on March 5, was highly defamatory and repeatedly pronounced him an “anti-national.” This was highly prejudiced and baseless, the complaint states.

The notice also contains a detailed letter to the Zee News by writers, Ashok Vajpeyi, poet, Shubha Mudgal, Singer, Sharmila Tagore, actor, Naseeruddin Shah, actor.  Syeda Hameed, writer jointly citing the violations of the law and guidelines.

Raza has said that at the poet’s conclave, he had recited some poems but the Zee programme only telecast selective portions of certain poems. “At the aforesaid event, I recited three poems; one poem which I had written in 1989 about the murder of street theatre and cultural activist Safdar Hashmi; another poem that I had written in 2010 about the killing of two journalists in Iraq and the third poem that I have written in this year,” he wrote. Sabrangindia had posted the selection of Gauhar Raza’s poetry and this can be read here.

The Notice to Zee News points out the following Violations:
“The programme telecast by you is in serious violation of a series of guidelines and standards laid down by the National Broadcasters Association, which Zee News as a members of the NBA is obliged to respect and follow.

The NBA has laid down that, 
1.      Professional electronic journalists should accept and understand that they operate as trustees of public and should, therefore, make it their mission to seek the truth and to report it fairly with integrity and independence. Professional journalists should stand fully accountable for their actions. (Section 1, Fundamental Principles, Code of Ethics and Broadcasting Standards, NBA.)

The NBA has prescribed that neutrality is a fundamental principle of electronic journalism,

4. Broadcasters shall, in particular, ensure that they do not select news for the purpose of either promoting or hindering either side of any controversial public issue. News shall not be selected or designed to promote any particular belief, opinion or desires of any interest group.

5. The fundamental purpose of dissemination of news in a democracy is to educate and inform the people of the happenings in the country, so that the people of the country understand significant events and form their own conclusions.  (Section 1, Fundamental Principles, Code of Ethics and Broadcasting Standards, NBA.)

The principles for self-regulation laid down by the NBA place further emphasis on accuracy of information and facts,

1) Impartiality and objectivity in reporting: Accuracy is at the heart of the news television business. (Section 1, Fundamental Principles, Code of Ethics and Broadcasting Standards, NBA.)
Further, the NBA standards, specifically direct News channels that,

…news channels must strive to ensure that allegations are not portrayed as fact and charges are not conveyed as an act of guilt. (Section 1, Fundamental Principles, Code of Ethics and Broadcasting Standards, NBA.)
The NBA has prescribed certain ‘Principles for Self-regulation’,

The purpose of putting together the principles of self regulation is to avoid compromising the genre of television news by broadcasting content that is malicious, biased, regressive, knowingly inaccurate, hurtful, misleading, or aimed at willfully concealing a conflict of interest. (Section 2, Principles for Self-Regulation, Code of Ethics and Broadcasting Standards, NBA.)
 
Besides, the notice states that the Zee news programme violates the principles of impartiality, objectivity and neutrality, contained in the News Broadcasters Association’s Code of Ethics and Broadcasting Standards. The programme aired by Zee News has displayed a blatant disregard for either professional integrity or the truth. Each of the ‘Principles for Self-regulation’ have been flouted by Zee News by telecasting content that is malicious, biased, regressive, knowingly inaccurate, hurtful, misleading.

Providing links to the programme, Raza said in his complaint that the comments and assumptions telecast by Zee News were framed in an “aggressive, intimidating, and browbeating style,” and was telecast with commentary and taglines labelling him as “anti-national poet.” Part of the programme  (Afzal Premi gang ka Mushayra | Part I of the programme linked Raza’s poems to recent incidents at Jawaharlal Nehru University; in an attempt to draw a parallel to the protests at the university, the programme showed him recite “Yeh mat bhulon agli naslein jalta shola hoti hain, Aag kuredogay chingari daaman tak to aayegi” (roughly translated to mean, do not forget the future generations are like ambers, if you would dig into them, the sparks will reach you).

Another poem recited by Raza reflected on the return of awards by artistes in the wake intolerance debate, ignited by the killing of Mohammad Akhlaq in Dadri over rumours that he had eaten beef. “Phankaron say poochtay hain kyon lotaye samman, Poochon kitnay chup baithain hain, chain unhay kab aayega” (They ask the artistes why they returned the awards, but they should ask those sitting silently what will make them rise).

Ironically, most of the poems recited by Raza were revolutionary in nature and reflected on the curbs on freedom, largely effected by extremist organisations. “Yeh matt khao, woh mat pehnon, ishq toh karna bilkul mat, desh droh ki chhap tumhaaray upar bhi lag jayegi” (Be careful of what you eat, do or say, or you too may be labeled an anti-national), one poem went on to say.

In his letter to Raghav, Raza said had recited three poems at the event, “one poem which I had written in 1989 about the murder of street theatre and cultural activist Safdar Hashmi; another poem that I had written in 2010 about the killing of two journalists in Iraq and the third poem that I have written in this year.”

The complaint by Gauhar Raza draws attention to to the provocative manner in which the poems were presented in the Zee News show. Raza wrote, “I watched the programme on Zee News channel on 9th March 2016 which contained reportage and commentary that is not only defamatory, malicious, false, motivated, and derogatory but also incendiary and telecast with a view to incite hatred, ill-will against me and endanger the security of me and my family. I am deeply aggrieved by this programme.”

He also raised an issue with the anchor, commentary and subtitles repeatedly referred to him as a member of the “Afzal Guru premi gang” and a “desh virodhi shayar, and portrayed him as part of a gang that sought to break India into many parts. “These and similar highly defamatory and derogatory statements made throughout the Zee News programmes are completely unfounded and baseless,” he said.

He also asserted that some of the slogan shouting at JNU shown by the channel as part of the programme was based on doctored videos (HYPERLINK PLEASE https://sabrangindia.in/article/jnu-vc-briefs-media-‘rustication’-keeps-deans-and-faculty-dark      ) and the same has been proved by forensic analysis carried out by other TV channels and an enquiry ordered by the Delhi Government”.

As a member of the News Broadcasters Association, says Raza in his complaint, Zee News was obligated to respect and follow the guidelines and standards laid down by the body, going on to say that the programmes in question had violated the “principles of impartiality, objectivity and neutrality,” contained in the the association’s code of ethics and broadcasting standards.

“Further, the commentary by the Zee News anchor distorts and manipulates my poetry to give it a different imputation and colour, and falsely states that I made statements in support of Afzal Guru. Not only has the Zee News programme distorted the words of my poem, but has also added unfounded allegations against me which are designed to promote hatred against me. The programme carries only baseless conclusions after providing the viewer with inaccurate and concocted statements,” Raza charged.

Highlighting the dangerous consequences of such “malicious propaganda,” Raza said he had started receiving “several intimidating and threatening messages and emails” and that Zee News’ “hate campaign” was “causing a grave apprehension of harm to me and my wife Shabnam Hashmi who is also in public life.”

Along with the compensation and apology, Raza has also demanded that the channel give an undertaking that Zee News shall not telecast the programmes again. He has also demanded that the channel removes all copies of the programme from its websites, social media and the internet.

So far Raza has not received any response or acknowledgement from Zee News so far, adding that he had not approached senior editor and anchor Sudhir Chaudhary with the letter as it was not required. Raza said he would wait for a mandatory seven-day period for a response from Raghav before filing a complaint with the broadcasters’ association.

Three Months After, Reading Rohith Vemula’s Poetry

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It is three months to the day that Rohith Vemula decided to take his life. His death shook us all out of a callous apathy. The student’s movement especially Ambedkarites have rightly termed it an institutional murder
 
As a tribute, this offering from the special, young talent that Rohith Vemula represented
 

[Screen Shot 2016-02-25 at 6.42.57 AM]

The Centre for Translations at St. Stephen’s College, Delhi University, organised a translation workshop on February 8, titled ‘Know in your Language, Communicate in your Voice: Translating the Works of Rohith Vemula’.  The invitation to the workshop read:

Rohith Vemula’s suicide note has rocked the political imagination of our republic, because it points to the hollowness of the promises we as a people set out to deliver for each of us.  His writing demonstrates how we are already at the dead end of language, a situation necessitated by the ethical vacancy of our actions.  Translating the work of this exceptional writer, bearing him across to one’s own socio-cultural and linguistic givens, is a step that can make us realise the limitations of knowing and awaken us to actions.  This event proposes to sit around and translate Rohith’s poems into regional languages and then read them aloud to others for them to feel the vitality of it.

Whatever be your language—Tamil, Assamese, Kashmiri, Hindi, Gujarathi, Marathi, Bengali, Sanskrit, Malayalam, Telugu, Urdu, Manipuri, Punjabi, Kannada or Oriya—if you feel for the cause of social equality, if you are outraged by the way Dalits have been systematically rejected by the centres of higher education in our co​untry, if you feel for the millions who are oppressed and exploited by casteist mindset and its machinery, you might want to come for this afternoon of making sense through collective translations…

The following poems written by Rohith were given to the twenty-nine participants, who spoke thirteen languages: Hindi, Punjabi, Kannada, Malayalam, Assamese, Bengali, Telugu, Kashmiri, Urdu, Odiya, Tamil, Nepali and French:

From Unpublished Pages
She collects hearts.  And she never cares for them afterwards.  Like footsteps in wet sands, like smiles of children.  She attacks lives.  Like a breezy rain on a lonely night, a soothing that burns.  Everyone knows that she takes off lives, ripping the sense out of your life, yet no one has ever escaped her.  Like death, like love.
Some say she has an agenda, like saving the world.  How to tell her that I am also a part of world?  Some say she loves everyone.  Why am I not in everyone’s part?  Every lip I kiss tastes like loneliness.  Every hug I make is shrinking me further.  Every glass of alcohol seems like an elder with an advice I need to decode.
Should I be sorry that I didn’t friend her in this life?  Or should I be happy that I got a reason for one more life?
 
One Day
One day you will understand why I was aggressive.
On that day, you will understand
why I have not just served social interests.
One day you will get to know why I apologized.
On that day, you will understand
there are traps beyond the fences.
One day you will find me in the history.
In the bad light, in the yellow pages.
And you will wish I was wise.
But at the night of that day,
you will remember me, feel me
and you will breathe out a smile.
And on that day, I will resurrect.
 
Prof N.P. Ashley, coordinator for the workshop, writes: ‘The poems were first read aloud in English.  Afterwards, participants divided into language groups and translated the poems.  The translations were then read aloud to other participants in the workshop.  Thus the event gave a sense of a pan-national reality in regional languages, bringing out the thick texture of languages within India. It drove all of us into the complexities of “understanding” life experiences and the need to work with them for making it one’s own as an ethical responsibility in however limited a manner.  It was a rewarding time of engaging with the social content of Rohith’s poetry for all of us!’

The Centre for Translations has also prepared this short, beautiful video of the poem ‘One Day’ being read aloud by workshop participants in twelve languages:

 

Courtesy: Indian Cultural Forum
 

Say No to Big Dams: River Day’ Launched in Uttarakhand

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National Alliance of People’s Movements

From Alaknanda valley, Uttarakhand, Vishnugaad Peepalkoti Dam affected people have sent the message of “River’s health is vital for people’s survival” to communities across the world today. THDC and World Bank alliance has failed miserably in fulfilling the hope of people in Ganga Valley, and now they are also trying to go to other countries like Bhutan. We strongly oppose this in India and appeal to the people of other countries to do the same against the funding by World Bank to Big Dam projects in the name of clean energy.

People from more than 20 affected villages have united and opposed the big dams to save the culture and ecology of Uttarakhand. Bharat Singh (Salood Village) – Voices cannot be subverted; we don’t need energy at the cost of water, forest, River and land. Manvar Singh and Maatwar Singh (Jakhola Village) – Dams are causing climate change. Dinesh Raana (Laanzi village) – Pollution is on rise due to dams on the River Ganga. Jagdeesh Bhandari (Pokhni Village) – Government and THDC has cheated us. Baal Singh (Pokhni Village) – Disaster will happen in future and they kept us unaware from the fact. Rakesh Bhandari (Huen Village) – How will the Ganga culture survive when the river itself is in danger. Ram lal (Durgapur Village) – There are 23 false cases filed against us but struggle will continue. Uma Devi (Dving Village) – We are and will remain anti dams, Ganga will flow incessant. Narendra Singh – Landslides has increased. Vrihansraj Tadiyal (Peepalkoti) – Biodiversity and water is getting diminished from hills because of dams. Dhaneshwari Devi (Pokhari Village) – We will not compromise with our environment at any cost. Rajendra Hatwal (Haat) – Rehabilitation in Haat village was false, we have not left the village. We have been cheated by company and government both. The archeological department has not surveyed the forest of Belpatri and Lakshmi Narayan temple. Vimal bhai, Convener of Matu Jan Sangathan – People’s unity and organization can solve the issues; Big Dams have given only displacement and ecological destruction which is being repeated even after more than five thousand dams in the country. There are more than 80 cases filed in court against people due to the destructive alliance between THDC and World Bank. The work on this dam is going ahead with the help of terror and dictatorship. But we have fought till now and will keep fighting for justice, people’s rights and legal struggles from the land to the water. We believe in the Gandhian principle and will continue the non violent struggles.

On March 14, 2016 the programme was commenced with the beating of drums and local instruments. People brought the soil form their villages and collected near the Peepal tree to remember this as a sign of protest and struggles. Narendra Pokhariyal has moderated the event, who is struggling for more than a decade against the Dams.

“Ganga Chalegi Apni Chaal, Uncha Rahega Uska Bhaal (Ganga will continue to flow with its dignity intact)”, “Dekh Raha Hai Aaj Himalaya Ganga ke Rakhwaalon Ko (Himalaya is looking towards saviours of Ganga)”, the programme has ended with these slogans announcing the course of future struggles.

Narendra Pokhariyal, Ajay Bhandari, Ram Lal, Vimal Bhai