The Karkardooma Court in Delhi has denied bail to Dr. Umar Khalid in connection with the case related to the alleged larger conspiracy behind the communal violence that broke out in East Delhi in February 2020. Bail was denied after deferring the order thrice!
On March 3, 2022, Additional Sessions Judge Amitabh Rawat had reserved the bail order after hearing arguments from both sides. The order was set to be pronounced on March 14, 2022. However, the order was deferred to March 21, as the Court was not ready, and then it was further deferred to March 23, as the said order was under correction.
Now, the order has been passed and Dr. Khalid has been denied bail in the case where he is facing charges under the draconian Unlawful Activities (Prevention) Act and Indian Penal Code.
Dr. Umar Khalid was arrested by the Delhi Police in September 2020, under the Unlawful Activities (Prevention) Act, on the charge of larger conspiracy to allegedly unleash violence to defame the Indian government during a visit by former US President Donald Trump.
Dr. Umar Khalid has been charged under UAPA sections 13 (Punishment for unlawful activities), 16 (Punishment for terrorist act), 17 (Punishment for raising funds for terrorist act) and 18 (Punishment for conspiracy). Many other activists and scholars have been arrested in connection with this case such as Gulfisha Fatima, Tasleem Ahmed, Khalid Saifi, Ishrat Jahan and others. While Ishrat Jahan was granted bail after 25 long months, others are still left languishing behind bars.
A timeline of Umar Khalid’s journey as a Human Rights Defender may be viewed here.
In a horrifying incident, goons in Uttar Pradesh’s Saharanpur allegedly carved a trishul on the face of a man and verbally abused him with the slur “ch**ar”, only because he accidentally broke a glass of alcohol on Holi.
On March 18, 2022, Kanshiram colony resident Aadesh received a call from one Vishal Rana, requesting him to clean glasses at his house where some people were having drinks. While cleaning the utensils, Aadesh accidentally kicked a filled glass of alcohol which sparked the entire ordeal.
In a video shared by journalist Piyush Rai the survivor said, “A boy called Tinku punched my eye. When I protested, 3-4 people grabbed me. Some choked me, called me “ch**ar” and said they will teach me a lesson I will never forget.”
Aadesh went on to describe how he resisted the acid attack but failed. He claimed the assaulters even threatened to pour the chemical in his eyes. Describing the accused as thugs, Aadesh said he fears attack from the people, especially since people regularly threaten his family. Regarding the thugs, he said that he knew the two aforementioned people to be living in Meerut but could not name the others.
The incident sparked considerable ire from the community and the Opposition party Samajwadi Party (SP).
#HindutvaTerrorism A Dalit youth Adesh was assaulted by some upper caste Hindu hooligans in the kanshiram colony Saharanpur UP, where the caste Hindu men urinated on him and made a trident (Trishul) with acid on his face……#DalitLivesMatterpic.twitter.com/YpnPTp1TQ8
उत्तर प्रदेश में दलितों के ऊपर उत्पीड़न क्यों हो रहा है। ताजा खबर सहारनपुर की जंहा कांशीराम कॉलोनी में रहे रहे दलित के चेहरे पर तेजाब डाला गया है होली पर। ओर कप्तान साहब को जांच अधिकारी गुमराह कर रहे हैं।@Uppolice@saharanpurpol@dgpup@Mayawatipic.twitter.com/iUXEhGBZdk
While Aadesh said the police refused to register his complaint, the district police looked into the matter following media attention. On March 24, SSP Akash Tomar spoke to local media and stated that violence was a result of a disagreement between friends.
Tomar said Aadesh was drinking with his friends, to whom he owed ₹10,000. The police said that the accusations were an attempt to avoid this debt. As for the visible scars on Aadesh’s disfigured face, the official said it was a reaction to Holi colours and not acid.
“We did a medical (test) of all three persons and found no presence of acid in any of them,” said Tomar in the video.
➡️सहारनपुर में दलित व्यक्ति के माथे पर एसिड से त्रिशूल बनाने की घटना के सम्बंध मे डॉक्टरी परीक्षण कराये जाने पर एसिड का होना नहीं पाया गया तथा प्रकरण में विवाद पैसो के लेन-देन का पाया गया है। प्रकरण के संबंध में की जा रही कार्यवाही के सम्बंध मे SSP सहारनपुर द्वारा दी गई बाइट !! https://t.co/smjF32xZKKpic.twitter.com/s6g7KEjkZH
Although Holi colours are known to cause skin infections and hives due to chemicals, there’s no evidence of the synthetic colours lightly bleaching the skin as can be seen in the video zooming in on Aadesh’s face.
Activist, Carnatic vocalist, writer, author and Ramon Magsaysay award winner Thodur Madabusi Krishna a.k.a TM Krishna, recently performed an exclusive musical tribute to the memory of the innocents killed in the anti-Muslim Gujarat genocide of 2002. The event: Gujarat 2002 – 2022. Memories of Struggle, an evening of music and conversations organised by Citizens for Justice and Peace (CJP) also honoured the survivors who wait for justice, 20 years later. TM Krishna tells SabrangIndia, how the music was curated and how it has an even bigger role to play now when with communal tension, and open calls are given for genocide.
Memories of Struggle was not a typical event. How did you choose the songs you performed?
It was difficult to think of what to sing for such an event. The choices were made for faiths to speak to each other, and people speaking to their faith. The idea that all faiths have always spoken to each other. There is no faith that is independent. That notion is nationalistic. Every faith is intertwined not just in the past but in the contemporary sense also. They also enrich themselves from the unspoken receiving they get. Say, two people of different faith meet and there is an exchange, then there is sharing and learning. No faith can exist independently, it will die. I was thinking in terms of those intersections. Music does something to poetry, that is the difference between saying Allah, and singing Allah. That transcending is not limited to any one faith, there is no Hindu feeling of transcending or Muslim feeling of transcending, and atheists also transcend. You just want to find a language of mutual happiness. To be able to tap into that use the semantic and the lyrics to position these two having conversations and then when you bring in music it dissolves into the experience. At some point you don’t know if I am singing of Allah or Rama… right? I was trying to tap into that kind of a conversation when I was choosing the songs.
You didn’t know what the survivors were going to say…
I had no idea. I must tell you it was very difficult to listen to what they said… It was very hard to sing. At some point it even challenges what I was trying to say. It does question everything in a way. That is the role of art, there is a contradiction, I can’t run away from it. What I said so far sounds philosophically fine, but when I am sitting there and I am hearing these people tell me about their lives there’s a big difference between reading what is written and hearing a survivor speak. These are two different things. It is very difficult to even listen to it. That is a lived experience. There is a difference between me having compassion across faiths and a survivor [of communal violence] having compassion. I don’t know if i would have it honestly. It is easy for me as my encounters are limited. Privilege allows me to push it back. But when you hear them [survivors] you wonder if Allah is the same as Eshwar.
Did you question yourself there?
I know I was very disturbed… that is a fact that it is not a universally accepted idea. We can talk about ganga jamuni tehzeeb, it sounds good… now when I say it, there is violence in me, when I say it at this point.
Did you have to detach from being an activist to get into artist mode?
I usually never do that, I just let the experience happen. I am not after musical perfection. There were moments I couldn’t sing… I took a breath. That is what art shoudbe. Be alive to whatever is around you…. That is the essence of any art. That is my state at that point. How can I deny it? If it means I did not sing perfectly so be it. Exactly! I did not do too much alaap that was not the occasion.
What made you choose ‘Aye dekhne waalon’?
It was a song I bumped into two years ago, and I gave it to Shubha (Mudgal) It is one of the most beautiful songs on Krishna that I have heard. She tuned it for me. Around Diwali, when the whole Hindu-Muslim hungama was on, I decided it was time to sing it. It had something to say across faith, people, international borders. It is an Urdu bhajan actually. The description of Krishna is beautiful… it [the poem] is from pre-Partition, and it brings the identity of the land. It is a beautifully crafted poem, now it is an Urdu bhajan in its intent.
It would be a painful poem for a survivor to hear…
It is difficult because it does turn perception on its head in some ways. I think survivors understand this better than you and me. They are able to understand and connect with something larger that is not divided.
What does such a commemoration mean for the generation of today?
The man who played the mridangam does not even remember the riots. He was 10 years old and has no memory of it. What we forget is that most young people do not know anything about the riots. It is essential to remind yourself and people of it. What I got from speaking to survivors is that they were happy to see people who remembered this [Gujarat pogrom] and wanted to talk about it. It is important we do this, find ways in which we gather with people who have gone through it.
What about picking ‘Vaishav Jan Toh’, and ‘Hum Dekhenge’?
Sometimes I wonder if a lot has been appropriated because we refused to give it direction. In Vaishnav jan toh there is a little subversion that I do when the line ‘Ram nam sunn’ comes I sing it as “Rahim” also. I do it, let somebody complain, I don’t care. I first did it in Delhi on the day Amit Shah made a comment on Gandhi, that was when I first shifted that line on stage for the first time. I now sing it with that diversion. The idea is that you are also asking questions of ‘vaishnav jan toh’ that is important. You reclaim it because you have to find meaning and resonance in it today. Ram and Rahim flowed together. Noticing it says something, as does not noticing it says something. Those on the parochial side will notice it immediately.
Is there a move from the right wing to curb music as a tool of dissent?
I faced that before with my own form of Carnatic music, that you can’t sing on Christ or Allah. But I said I will, do what you want. What is even scarier is the self-censorship that has happened in the artistic world. Let’s be clear, everyone irrespective of government likes to control artists, but there is a textual difference now. Everybody [artists] is clear they do not want to disturb anything, they do not want confrontation. Violence that erupts even in small pockets is scary. While there is the larger monster, which is the establishment, but there are also smaller monsters and tentacles who operate in pockets. There is open fear. There are artists who are going overboard trying to convince people how ‘faithful’ ‘ nationalist’ they are… especially the privileged performing arts. They tell me privately why do you do it? My response is that this is my art. I am also worried about nostalgia, we remember someone who did something, but we don’t remember what happened to those individuals at that time, their struggles and battles. People who believe in homogeneity know culture is one thing that can be manipulated. Everything else will follow. The liberals have still not woken up.
Is there hope? Dissent now means jail as seen for satirists, journalists, cartoonists, curbs on sources of income, where is the hope?
I think there is hope. You have always had artists fighting on, some of them you may not see in the news but there are many artists fighting the battle with songs, theatre productions in their own little way. I think many small things are happening, I would say there are many brave people who may not be spotlighted as much as the rest.
In a way that is good too…
That is good. There is hope, we also learn that there has to be a way of fighting this consciously, which is why Hum Dekhenge makes sense. We have to find the courage and the will to come together. Maybe it is a much longer road than we would think it is. The fear is what we will lose in the meantime.
Art has always recovered?
I think it does. I think that art and culture is very difficult to remove from society, that is why the responsibility on the artist is so much. If anybody can make it disappear it is the artist who can make art disappear not the State! If artists don’t think that art is important by itself and in what it does in society art will disappear. It will become homogeneous, that is not art.
That is the vision of ‘Hindu rashtra’, or the Taliban who banned music…
Exactly, any kind of bigots. Because art is an experience of freedom, which is why they challenge it.
What does a young artist do now?
It is very easy to speak from my position of privilege, I probably will survive or if something happens to me there are at least 10 people who will speak up for me. I think the young people have to be strategic and smart about this. I will advise them to be smart. Learn, find your own ways to have conversations, I always think 100 small things have a bigger impact than one large thing. Don’t self censor, be strategic. Know when to do what. Keep educating yourself, read, listen, watch. That is where
How was the overall experience for you emotionally?
It was emotionally exhausting. These things leave a mark, which is our learning. For anyone who participated, watched. At the end of the event I wondered what to say. Maybe we should do more such events. Maybe a small community event. What we need are not big events. They have their place too but we need small gatherings where we talk.
The one of its kind event that brought together conversations, music, and film was held at G5A , in Central Mumbai. The G5A Foundation for Contemporary Culture is envisioned and founded by Anuradha Parikh, an architect and filmmaker and its belief is “that art and culture have the power to catalyse change for the better.” The Black Box is its multi-functional space which too became a part of the conversations and came to life as the light design by Gurleen Judge took the participants on a journey connecting the harrowing past to a hopeful tomorrow.
The live recording of the entire event held at G5A may be viewed here.
Youths enamoured by right-wing extremist ideology allegedly assaulted a Class 9 Muslim student in Jharkhand’s Jamshedpur because the latter refused to chant ‘Jai Shri Ram’. According to a video shared by independent journalist Ashraf Hussain, student Altamash Hussain was shown a video of Uttar Pradesh Chief Minister Yogi Adityanath before the attack.
Around 5-6 students attacked Hussain around March 23, 2022 because he refused to chant Lord Ram’s name after watching the neighbouring Chief Minister’s photo. According to the video, Hussain said two of the assaulters were from his school. The group attempted to choke and beat him before Hussain’s friends came to his rescue.
झारखंड के जमशेदपुर में कक्षा 9 के छात्र अलतमश हुसैन का आरोप है कि उसे कुछ छात्रों ने पहले यूपी के मुख्यमंत्री योगी आदित्यनाथ का वीडियो दिखाया फिर धार्मिक नारा लगाने को कहा, नहीं लगाने पर बाहरी लड़कों के साथ मिलकर उसकी पिटाई कर दी। सोचिए नफरत किस क़दर बढ़ गई है…?@HemantSorenJMMpic.twitter.com/OZJLGiClIp
The news sparked outrage with many people tagging Jharkhand Chief Minister Hemant Soren and the state police like the journalist.
इस बच्चे का नाम अल्तमश हुसैन है। जो झारखण्ड के जमशेदपुर का रहने वाला है। इस बच्चे की क्लास के हिन्दू स्टूडेंट्स ने इसे यूपी के सीएम योगी आदित्यनाथ की वीडियो दिखाई फिर धार्मिक नारा लगाने को कहा, नहीं लगाने पे अल्तमश को बुरी तरह पीट दिए।@HemantSorenJMM जी। इस आतंक पे लगाम लगेगा? pic.twitter.com/Xdd07udH2F
जमशेदपुर में कक्षा 9 के छात्र अलतमश हुसैन का आरोप है उसे कुछ छात्रों ने पहले यूपी के मुख्यमंत्री योगी आदित्यनाथ का वीडियो दिखाया फिर धार्मिक नारा लगाने को कहा,नहीं लगाने पर बाहरी लड़कों के साथ मिलकर उसकी पिटाई कर दी।सोचिए नफरत किस क़दर बढ़ गई है@HemantSorenJMM@JharkhandPolicepic.twitter.com/K80vEIQenZ
— Mozammil Warsi | مزمل وارثی (@mozammilwarsi) March 23, 2022
इस बच्चे का नाम अल्तमश हुसैन है। जो झारखण्ड के जमशेदपुर का रहने वाला है। इस बच्चे की क्लास के हिन्दू स्टूडेंट्स ने इसे यूपी के सीएम योगी आदित्यनाथ की वीडियो दिखाई फिर धार्मिक नारा लगाने को कहा, नहीं लगाने पे अल्तमश को बुरी तरह पीट दिए।@HemantSorenJMM जी। इस आतंक पे लगाम लगेगा? pic.twitter.com/LYSmleFlCU
For long, the right-wing groups have demanded such violent attitudes from the youth. The most recent incident was during the screening of The Kashmir Files movie when two infamous hate-offenders Vinod Sharma and Swami Jitendranand Saraswati asked people to take up arms and ‘defend the Hindu community’ in front of young children.
Similarly, a day before Hussain was attacked, another hate offender Rajeev Brahmarshi promised to give every youth in his area a sword. In his Facebook post, he said he will provide 5,000 swords this year instead of 3,000 swords last year to commemorate Ram Navami.
The festival to be celebrated on April 10 marks the birth of the Hindu God Ram. Instead of celebrating this day with peace, the aspiring Hindutva leader with over 62,000 followers is openly distributing weapons. Back in November 2021 and of late, Facebook has repeatedly failed to remove this post despite their openly communal and violent nature.
The Karnataka government has cited the state’s Hindu Religious Institutions and Charitable Endowments Act as being the rule that “prohibits non-Hindu vendors from conducting their business on the premises or properties belonging to temples.” According to a report in The New Indian Express, Law Minister JC Madhuswamy told the Assembly on Wednesday that this “law was passed during the Congress government”.
His reply was in response to members of the Congress raising the issue of temple committees virtually banning Muslims and other non-Hindus from putting up stalls “in and around temples in coastal Karnataka.” According to the news report, the Congress had objected to reports of Hindu organisations putting up banners and posters near temples declaring this ‘prohibition’.
Chief minister Basavaraj Bommai reportedly said, “The government couldn’t interfere if the ban was legal.” Madhuswamy defended the BJP government and said, “The government has no role. As per rules framed under the Karnataka Hindu Religious Institutions and Charitable Endowments Act in 2003, non-Hindus cannot be given the lease of properties like ground, building or any other place that belongs to state-owned temples.” It is not known yet if the government even mentioned that the rule they claim was framed by Congress will be amended. According to the minister if the discriminatory banners “are put up on roads and away from the temples, only then the state government can take action against perpetrators.”
Some more from Karnataka have announced the anti-Muslim trader boycott soon after the Muslim is growing by the day, after the Marikamba temple in Shivamogga and Suggi Mahakali temple in Kaup-Udupi decided not to allot shops to traders from the minority community claiming this was “in the wake of hijab row.” Now Puttur in Dakshina Kannada and Nelamangala on the outskirts of Bengaluru city have also banned Muslim traders, reported The Hans India news portal. According to its report, the Puttur Mahalingeshwara temple “is one of the largest temples owned by the endowment department of the State government” and has now announced it “will not allot shops Muslim traders during its mega Jathra” this year. “Most of the traders who put up stalls at Mahalingeshwara temple are Muslims,” added the report, they “sell toys, fruits and vegetarian snacks and other food items” as well as run the games and entertainment stalls.
The issue was raised during zero hour in Assembly by Congress MLA UT Khader on Wednesday. “They are not stealing or indulging in dacoity. They are leading a respectful life. But because of some vested interests, banners and posters have been put up at various places across the state, insisting that non-Hindus are not allowed to do their business. It does not say who put up those posters. These are cowards who are indulging in such acts,” he reportedly said, adding that such a boycott was communal and an attempt “by communal elements, who want to disrupt peace in society. The police too are refusing to register cases.”
Shivajinagar MLA Rizwan Ahmed added that “banning a certain religion is a dangerous trend, and it can turn from bad to worse.”
#shivamogga ; Bajrang Dal ‘Bans’ Muslims From Shivamogga Fair,Mandates Display Of Saffron Flags At Stalls.
Bajrang Dal leaders obtained a tender by paying Rs 9 lakh to allot stalls to vendors in the fair and directed them to hoist saffron flag on stalls without fail.#Karnatakapic.twitter.com/edxMpbrm71
— Hate Watch K@rnataka (@Hatewatchkarnat) March 23, 2022
However, once cornered about the anti-Muslim boycott annual fair at Marigudi Temple in Kaup, Udupi, Karnataka, the temple management Shree Kote Marikamba Seva Samiti “clarified” its stand a couple of days ago saying, “Ddecision to allot stalls is left to the person who has won the tender and the committee does not interfere with the process… no community is kept out of the celebrations.” Its president S K Mariyappa told the media on Sunday that “people should not lend their ears to rumours that a particular community is being kept out of the celebrations.” He also claimed that Muslims “are taking part in different activities related to the fair” and that “Muslims bring rice and other essential products for the jatra. Hence, there is no need for unnecessary confusion.” His claims come close on the heels of news reports that Muslims were not allowed to set up stalls at the temple fair. Mariyappa has now clarified, “The tender has been won by one Nagaraj, who will take a call on whom to allot stalls. The jatra committee will not interfere in the decision of the tender-holder. But, we have put a condition that no stalls should be erected around the temple.”
However According to The Hindu, the boycott posters written in Kannada, lists out ‘rules’ that sound like Hindutva oaths such as, “We will not engage in business with those who don’t respect this land’s law and Constitution, those who slaughter the cattle we worship… We won’t let them set up business here either” Ironically, the report informed that name ‘Bappanadu’ itself “comes from a Muslim Beary trader who is believed to have built this Hindu temple.” According to the news report, “There have been at least half a dozen instances this year alone of Muslims being ‘banned’ from doing business at temple fairs. Hindutva organisations including the Vishva Hindu Parishad (VHP), Hindu Jagarana Vedike, and the Bajrang Dal have been submitting memorandums to temple authorities, municipal officials, and town councils, calling for a ban on Muslims setting up shops and stalls.”
As many as 12 people died in police custody and 49 other people were injured between June 1, 2021 and December 3, 2021 in Assam, said Chief Minister Himanta Biswas Sarma on March 21, 2022. Sarma’s statement was in response to a question in the Assembly from MLA Akhil Gogoi regarding deaths and fake encounters of accused persons in police custody.
On Monday, Gogoi asked the official holding the Home Ministry portfolio for a list of the accused who died or suffered injuries in custody, along with details of magisterial inquiry into such cases. Further, he asked about how many of these cases were followed with FIRs and actions taken.
The government provided information on over 60 such incidents over seven months. Of these, five deaths occurred in Kokrajhar district. As per the department information, 32-year-old Sirajul Daula died at the Mankachar police station while 28-year-old Aminul Hoque and Monirul Hoque of the same age were killed at the Lakhipur police station.
The administrative district is located in the Bodoland Territorial Region of the state and includes a detention camp where many people remain imprisoned.
Similarly, 23-year-old Jwngshar Muchahary died at the Serfanguri police station and Janak Jr. Brahma of the same age died at the Bagibari police station. Although no FIRs were filed after these deaths, a magisterial inquiry was called in all these incidents.
In Jorhat, Sobir Ansary and Niraj Das were killed in custody. Here too, a magisterial inquiry was called but the reports are yet to be received. FIRs were also filed in both cases with an IPC section on negligent death filed in Das’s incident.
Aside from these two districts, there were custodial deaths in Chirang, Darrang, Dhemaji, Karimganj, Karbi Anglong. In the latter’s case, no FIR was filed for the death of Kanwaldeep Singh Sidhu.
Regarding magisterial inquiries, Sarma replied, “The magistrate enquiry was set up in 16 cases. As a case is going on in the Guwahati High Court for those persons who died or injured in police custody under the PIL… the report of magistrate enquiry couldn’t be provided on these cases.”
The report was still pending in as many as six of these inquiries. The list of these attacks may be seen below.
Some of India’s most respected journalists have come together to condemn the silence of India’s Constitutional institutions in face of a marked increase in hate speech and even open calls for genocide.
In a joint statement titled In the Face of Orchestrated Hatred, Silence Is Not an Option, journalists such as N. Ram (former Editor-in-Chief, The Hindu & Director, The Hindu Publishing Group), Mrinal Pande (Senior Journalist and Writer), R. Rajagopal (Editor, The Telegraph), R Vijayasankar (Editor, Frontline), Q. W. Naqvi (Chairman & MD, Satya Hindi), Ashutosh (Editorial Director, Satya Hindi), Vinod Jose (Executive Editor, Caravan), Siddharth Vardarajan, Siddharth Bhatia and MK Venu (Founder Editors, The Wire), Aziz Tankarvi (Publisher, Gujarat Today), Ravindra Ambekar (Director, MaxMaharashtra), R.K. Radhakrishnan (Senior Journalist), Teesta Setalvad and Javed Anand (Co-Editor, Sabrangindia) and many others have expressed shock at the complete lack of action by these institutions.
They say, “As journalists and media persons from all over India, we make this Appeal to all Indian institutions to step in and uphold their constitutional mandate in the wake of open calls from various quarters for attacks on India’s religious minorities, especially Muslims,” adding, “The concerted amplification of hatred has been growing over the past years and months, as has the attendant advocacy of violence. Sometimes, the occasion is an election, at other times it is a political gathering, a so-called ‘dharam sansad’, or a controversy over clothing, or even the screening of a movie.”
The have condemned the “cold and calculated silence from the country’s top leaders” in face of a glaring attempt to vilify minorities and identified some of the following instances:
systematic hate being propagated against Muslims under the pretext of Covid-19, including calls by legislators for their socio-economic boycott and coining of the infamous term “Corona Jihad”
well-synchronised calls for the annihilation of Muslims made at various Dharm Sansads
systematic targeting of Muslim women and girls in 2021 and 2022 through social media platforms, and “auction apps” like S**li Deals and B**li Bai
controversy over the hijab in Karnataka that resulted in Muslim women in different parts of India being harassed and humiliated
They have also pointed out the failure of the Election Commission of India to act to control inflammatory speeches made during election campaigns. “During the election campaign of February and March 2022, we saw the repeated appeal to divisive hatred and the stigmatising of Muslims and other minorities, with ‘star’ campaigners from the ruling party unashamedly breaking the law to seek votes in the name of religion,” said the journalists.
They have also condemned the manner in which The Kashmir Files “a film that cynically exploits the suffering and tragedy of the Kashmiri Pandits by using their plight as a pretext for the promotion of hatred against Muslims – has seen orchestrated attempts inside and outside movie halls to incite anti-Muslim sentiment. Attempts have been made from the highest levels of government to stifle fully justified criticism of the film and of the violent reaction it is generating by claiming there is a “conspiracy” afoot to “discredit” it.”
The share their apprehensions saying, “When all these events are taken together, it is clear that a dangerous hysteria is being built up countrywide to push the idea that “Hinduism is in danger” and to portray Muslim Indians as a threat to Hindu Indians and to India itself. Only prompt and effective action by our constitutional, statutory, and democratic institutions can challenge, contain, and stop this disturbing trend.”
They further say, “India today stands at a dangerous place, with the founding values of our secular, democratic, and republican Constitution coming under flagrant assault from prejudiced ideas, acts of prejudice, discrimination, and violent incidents, all planned and orchestrated as part of an anti-constitutional political project. That we have seen elected officials and others who have sworn an oath under the Constitution amplifying some of these multiple and connected instances of orchestrated hate through acts of commission and omission, with sections of the media assisting this project, makes the situation even more urgent.”
The journalists have, therefore, appealed to all of India’s constitutional institutions, and especially the President, the higher judiciary, and the Election Commission, to “discharge their mandate under our Constitution and that the media perform their responsibility to the people of India by asserting their independence and speaking truth to power.”
The Delhi High Court sked for Central Government’s response with respect to declare all child marriages as void-ab-initio. On March 21, a Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla heard a Civil Writ Petition (Aisha Kumari V/s. State of NCT of Delhi & Ors.), and after the petitioner filed a Civil Misc. Application in an already pending Writ Petition before the High Court, the court issued notices to the Ministry of Law and Justice and the National Commission for Women asking them for their response on the issue raised by this Petition.
Facts of the case Aisha was 16-years-old student of 10th standard when she was married off to her aunt’s son without free consent. The marriage ceremony was conducted by the parents of the bride and groom after gaining the consent of the Petitioner by deceitful means, which in eyes of law is not a free consent. As reported by Law Times Journal, Aisha even argued that she had “no option to go against her parents and community’s wishes, and despite her request, she was compelled to give her consent for the child marriage ceremony.”
In the year 2018 she completed her bachelor’s in Bachelor of Education (B.Ed) from Guru Gobind Singh Indraprastha University. She then took an entrance test, Central Teacher Eligibility Test (CTET), to get an admission in Master of Education (M.Ed) course in Jamia Malia Islamia University in Delhi.
In the year 2020, the Respondent suddenly came to her place of residence to take her with him to Gujarat; claiming her to be his wife. She escaped from her home and then filed a Civil Writ Petition before the Delhi High Court, seeking declaration of Section 3(1) of Prohibition of Child Marriage Act – which provides child marriage as voidable, as unconstitutional and ultra vires of Article 21 of the Constitution of India as it violates the fundamental rights of minor girl child to live her life with dignity.
As reported by Bar and Bench, the Petition also stated that the marriage is not been consummated and also consent given by a child under 18 years for marriage cannot be held valid and needs to be declared void ab initio instead of being voidable. The Petition also held that it is the duty of the State Government under the principles of ‘parens patriae’ to protect the minor children from getting exploited at such a vulnerable age.
The Court had earlier issued notice to the state as the state was the party to the Petition. It was later brought to the Court’s attention that to declare the child marriages void ab initio, Central Government has to be made party to this Petition. In March 21 hearing, the Petitioner had submitted to the Court an amended copy of the Petition which includes Central government as a Respondent party to the Petition. The Court also issued notices to the newly added Respondents.
The Petitioner submitted that she apprehends a threat to her life from her in-laws as well as her family, and then the Delhi High Court directed the Delhi police to provide protection to the Petitioner. Even the Delhi Commission of Women submitted to the Court that they are ready to provide shelter to the Petitioner in case she desires.
The order may be read here:
Stand of Parliament expressed earlier in regard to Prohibition of Child Marriage Act
As reported by Hindustan times in March 2018, the Centre is moving ahead with a proposal to amend an existing law so as to make all future child marriages in the country invalid from the outset, according to two senior government officials familiar with the matter who asked not to be identified. Currently, child marriages are valid, but can be annulled on request.
Also, Times of India in a December 2021 news report quoted Vikram Srivastava, founder of ‘Independent thought’ and Convenor, Campaign against Child Marriage as saying, “The 2021 amendment to the Prohibition of Child Marriage Act, 2006, however leaves the most controversial and complicating gap of ‘void ab initio’ clause unresolved. It is unclear how this increase in age would resolve or restrict solemnization of marriage if it remains to be valid.”
This amendment Bill was introduced by Lok Sabha on December 21, 2021 which is till date not passed by the Houses of Parliament, has only risen the age of a child for marriage to 21 years of age. There is no inclusion of provision to make child marriage void ab initio.
Implications for legal validity of marriages in retrospect
If the child marriage becomes void ab initio, then the child marriages solemnized before the amendment made, will not have any existence in the eyes of law. The children born out of such marriage will not be considered legitimate as the marriage does not exist at the first place in eyes of law. At least by this way, by amending the act and replacing the word ‘void’ with ‘void ab initio’, the child marriages can be controlled at some extent in the densely populated country like India.
Impacts on other rights
According to Section 3(1) of the Prohibition of Child Marriage Act, 2006 –
“Every child marriage, whether solemnised before or after the commencement of this Act, shall be voidable at the option of the contracting party who was a child at the time of the marriage:
Provided that a Petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage.”
According to Prohibition of Child Marriage Act, the age of minor child is considered to be below 18 years. Even in the Indian Contract Act, if the child is minor his consent is not considered and even if some legal contracts are made with his consent that becomes void. Then how is it even possible to consider the marriage to become valid (till reported) with the consent of child. It not only snatches away the right to live with personal liberty, but also affects the dignity of life of those children.
The Constitution of India guarantees to all its citizens – protection of life and liberty under Article 21. The Section 3(1) of the Prohibition of Child Marriage Act is in violation of the Article 21 of the Constitution of India. The children are not allowed to make a decision of choosing a life partner on their own which directly hammers the right of the person – liberty to choose. The Section 3(1) of the act makes the child marriage void which means the marriage is not legal. The things which are not legal can exist in the society until someone reports about it. But declaring the child marriage ‘void ab initio’ means the marriage does not exist right from the outset.
If the Central Government accepts the altercations to be made to the Prohibition of Child Marriage Act, it will save many lives of the children and also protects them from being exploited. Under Article 13(2) of the Constitution of India, the State is restricted to make any such law that violates any of the fundamental rights provided to the citizens and if such law is made, it becomes void.
Image: The Indian Express
