Communalism | SabrangIndia https://sabrangindia.in/category/hate-harmony/communalism/ News Related to Human Rights Mon, 09 Mar 2026 11:07:38 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Communalism | SabrangIndia https://sabrangindia.in/category/hate-harmony/communalism/ 32 32 Maharashtra’s Anti-Conversion Bill: Legislating suspicion in the name of “love jihad” https://sabrangindia.in/maharashtras-anti-conversion-bill-legislating-suspicion-in-the-name-of-love-jihad/ Mon, 09 Mar 2026 11:07:38 +0000 https://sabrangindia.in/?p=46544 The proposed Dharma Swatantrya Adhiniyam, 2026 seeks to criminalise alleged forced conversions with harsh penalties and intrusive state oversight

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The decision of the Maharashtra Cabinet to approve the draft “Dharma Swatantrya Adhiniyam, 2026” marks the latest stage in a steadily expanding national trend of anti-conversion legislation framed around the spectre of “love jihad.” According to reports by The Indian Express, the proposed law, approved on March 5, would criminalise “unlawful” religious conversions with penalties of up to seven years’ imprisonment and fines up to ₹5 lakh, while simultaneously introducing an intrusive regulatory framework governing religious choice and interfaith relationships.

Under the draft law, any person wishing to convert to another religion would be required to seek prior permission from a designated authority and provide a 60-day notice, after which the conversion must be registered within 25 days or risk being declared null and void as per The Indian Express. The legislation further mandates that if a relative of the person converting alleges coercion, the police are required to register a First Information Report (FIR) and initiate an investigation. Importantly, offences under the proposed statute are non-bailable, dramatically raising the stakes for those accused.

While the government has framed the law as a safeguard against forced conversions, the political messaging surrounding the bill reveals a much narrower ideological framing. Maharashtra minister Nitesh Rane explicitly described the proposed law as one that would prevent “forcibly marrying and converting Hindu girls,” repeatedly invoking the conspiracy theory of “love jihad” while speaking to the media in Mumbai, reported The Indian Express. The term itself has no legal recognition: the Ministry of Home Affairs has previously informed Parliament that Indian law contains no definition of “love jihad.”

A law framed as protection, designed for surveillance

The structure of the proposed law reflects a deeper pattern visible in anti-conversion statutes enacted across several Indian states. While ostensibly directed at preventing coercion or fraudulent conversions, the operational design of these laws effectively places state surveillance over deeply personal decisions relating to faith and marriage.

By requiring advance notice to authorities before conversion, the law transforms a matter of personal conscience into a regulated administrative act. Such provisions have been widely criticised by jurists, activists and constitutional scholars alike because they invert the principle of religious freedom under Article 25 of the Constitution of India, which protects not only the right to practise and profess religion but also the freedom to adopt and change one’s faith.

Further, the provision enabling relatives to trigger criminal investigations significantly expands the scope for social interference in private decisions. In practice, similar provisions in other states have enabled families, vigilante groups, and politically motivated actors to initiate criminal proceedings against consenting adult couples.

A pattern across states

Maharashtra’s proposed legislation does not emerge in isolation. Laws regulating religious conversions already exist in multiple states including Uttar Pradesh, Madhya Pradesh, Gujarat, Uttarakhand, Karnataka, Himachal Pradesh, Odisha, Haryana, Jharkhand, Arunachal Pradesh, and Chhattisgarh.

However, multiple civil society groups and rights organisations have documented how these statutes are frequently invoked not to address genuine cases of coercion but to police interfaith relationships and minority religious practices.

Reports compiled by the Citizens for Justice and Peace, also the lead petitioner against the constitutional challenge to anti-conversion laws in the Supreme Court, indicate that since the enactment of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, dozens of cases have been filed against interfaith couples—often after complaints by unrelated third parties or vigilante groups. Many of these cases have later collapsed for lack of evidence, but not before the accused were subjected to arrest, detention, and intense social stigma.

The constitutional challenge before the Supreme Court

These patterns have already triggered a broad constitutional challenge before the Supreme Court of India, where several petitions contest the legality of anti-conversion statutes across multiple states.

One of the principal challenges has been first brought by Citizens for Justice and Peace in 2020 itself, which argues that such laws violate fundamental rights including personal liberty, freedom of conscience, and the right to choose one’s partner. During hearings in April 2025, Senior Advocate C. U. Singh told the Court that the statutes were being “weaponised” to target interfaith couples and minority communities, urging the Court to intervene and prevent further misuse. Despite repeated attempts by the organisation to get the matter listed for early hearing, including interim prayers for a stay on the most egregious provisions of the law, the SC has not found time to address these concerns.

The Union government, represented by Solicitor General Tushar Mehta, disputed these claims made by the petitioners and has argued that states possess legitimate authority to enact such legislation. The bench led by Chief Justice Sanjiv Khanna directed the Union government to examine the petitions and respond to the concerns raised at the hearing held on April 16, 2025.

The Court is currently examining whether these statutes violate constitutional guarantees of religious freedom, privacy, and personal autonomy, particularly in light of landmark decisions such as Justice K. S. Puttaswamy v. Union of India, which recognised privacy as a fundamental right.

Detailed report may be read here.

The social climate behind the law

The proposed legislation has also emerged in the context of intensifying campaigns by Hindutva organisations demanding stricter laws against religious conversions. Over the past several months, coordinated demonstrations have been organised across districts in Maharashtra by groups such as the Hindu Janajagruti Samiti, calling for the enactment of a stringent anti-conversion law.

At the same time, minority groups have warned that such laws are already contributing to an atmosphere of suspicion and intimidation. Christian organisations in Maharashtra have repeatedly raised concerns about vigilante groups disrupting prayer meetings and accusing pastors of forced conversions. According to figures compiled by the United Christian Forum, hundreds of incidents involving harassment or violence against Christians have been reported across India in recent years.

In April 2023, more than 40 Christian organisations gathered at Azad Maidan in Mumbai to protest what they described as a growing pattern of false allegations of conversion used to justify attacks on churches, pastors, and congregations. Demonstrators argued that anti-conversion laws have often functioned as a “Damocles’ sword” over minority communities, enabling vigilante groups to pressure police into filing cases even where no evidence of coercion exists.

Gujarat’s attempt of policing relationships

The Gujarat government is preparing to amend the rules under the Gujarat Registration of Marriages Act, 2006 in a move that significantly tightens state oversight of marriage registration and introduces mandatory parental involvement—changes that could undermine adult autonomy and further legitimise social control over interfaith and inter-caste relationships.

Addressing the Gujarat Legislative Assembly on February 20, Deputy Chief Minister Harsh Sanghvi said the proposed amendments are aimed at protecting women, preventing fraud, and making the system more transparent. While stating that the government has “no objection to genuine love marriages,” Sanghvi framed the proposed changes as necessary to prevent deception and exploitation, invoking the controversial narrative of men allegedly concealing their religious identity to lure women into relationships. Referring to such cases, he remarked that authorities would act strictly if individuals “pose as someone else” to trap women, as per Hindustan Times.

Sanghvi also invoked concerns about “love jihad,” a term widely used by right-wing groups to allege a conspiracy by Muslim men to target Hindu women through romantic relationships. The term, however, has repeatedly been rejected by courts and has no official recognition by the Union government, with several investigations failing to substantiate claims of any organised conspiracy.

Despite this, the proposed regulatory overhaul appears to embed many of the anxieties that underpin the “love jihad” narrative within the administrative framework of marriage registration. According to Sanghvi, the amendments are intended to prevent identity concealment and coercion while protecting what he described as “Sanatan traditions” and Indian marriage customs—phrasing that has raised concerns among civil liberties advocates about the increasing conflation of state policy with majoritarian cultural norms.

One of the most contentious proposals is the introduction of mandatory parental notification. Under the proposed system, when couples—particularly those entering into love marriages or eloping—apply for marriage registration, the bride’s parents will be formally notified within ten days. Applicants will be required to submit the Aadhaar details and verified address of the parents, and the issuance of the marriage certificate will be delayed by at least 40 days from the date of application to allow time for verification, consultation, or objections.

One can argue that such provisions effectively place adult relationships under familial surveillance and may expose couples—especially those in interfaith or inter-caste relationships—to intimidation or coercion. Under the existing framework, couples are able to register marriages by submitting basic documentation and witnesses without the need to inform their parents, reflecting the legal principle that consenting adults are free to marry without external approval.

The proposed amendments also seek to tighten documentation requirements, mandating the submission of Aadhaar cards, birth certificates, school leaving certificates, photographs, and wedding invitation cards where available. Witnesses from both sides would also have to provide photographs and Aadhaar details. In addition, the government plans to shift the registration process away from lower-level revenue offices and create a dedicated online portal to monitor registrations—particularly those categorised as love marriages.

Sanghvi justified the move by citing alleged irregularities uncovered during investigations in Panchmahal district, where authorities claim fraudulent marriage registrations were issued. Referring to villages such as Kankodakoi and Nathkuwa, he alleged that hundreds of nikah certificates had been issued despite there being no Muslim families residing in those villages. While the government says action has been taken in such cases, isolated administrative irregularities are increasingly being used to justify sweeping regulatory changes that disproportionately affect interfaith relationships.

As per Times of India, the amendments follow three months of consultations led by Law and Justice Minister Kaushik Vekeriya, during which about 30 meetings were held with community representatives. Among those welcoming the move is Patidar leader Dinesh Bambhaniya, who said the proposal addresses long-standing demands raised by caste organisations through rallies and memorandums.

However, the proposed amendments also appear to reflect a growing alignment between state policy and local social enforcement mechanisms that have emerged across parts of Gujarat. Even before the changes have been enacted into law, several villages and caste bodies have begun enforcing informal codes regulating how members of their communities marry.

In some areas, these community resolutions have hardened into quasi-legal declarations threatening couples who marry without parental approval with social boycott, ostracism, or exclusion from public life. From gram sabha resolutions in Kheda district to directives issued by caste organisations representing Patidar and Thakor communities, the common justification offered is that marriages without family consent threaten tradition, destabilise social order, and endanger women.

According to Times of India, a recent resolution adopted by the Gram Sabha in Nand village reportedly imposes a total social boycott on couples who marry despite opposition from their families. Such couples may be barred from using community facilities, attending religious gatherings, or participating in social events. The resolution also introduces restrictions on wedding and funeral expenses, bans DJs and what it calls “objectionable songs,” and prescribes fines for violations.

Taken together, the developments in Gujarat, along with Maharashtra, also appear to reflect a broader national trend in which state governments are increasingly seeking to regulate intimate relationships through legal and administrative mechanisms. By placing parental consent and community norms at the centre of the marriage registration process, the changes could erode the constitutional principle that consenting adults have the fundamental right to choose their partners—an autonomy repeatedly affirmed by courts in decisions protecting interfaith and inter-caste marriages.

Policing intimacy and identity

The deeper danger of these laws lies not only in their legal provisions but in the social narratives they reinforce. By framing interfaith relationships as conspiracies or threats, such legislation legitimises public suspicion of couples who cross religious boundaries.

This dynamic is particularly visible in the persistent invocation of the “love jihad” narrative, which portrays Muslim men as orchestrating a coordinated campaign to convert Hindu women through romantic relationships. Despite repeated claims by political actors, no investigative agency in India has produced credible evidence of any organised conspiracy of this nature, a point acknowledged in Parliament by the Union government itself.

Yet the political potency of the narrative continues to drive legislative action. At its core, the controversy reflects a deeper constitutional dilemma: whether the state’s role is to protect individual autonomy and minority rights or to police these in the name of social order and cultural anxieties.

 

Related:

Survey of Churches, anti conversion laws only empower radical mobs: Archbishop Peter Machado

Hearing in batch of CJP-led petitions challenging state Anti-Conversion laws defers in SC; Interim relief applications pending since April 2025

Allahabad HC: Quashes FIR under draconian UP ‘Anti-Conversion Act’, warns state authorities against lodging ‘Mimeographic Style’ FIRs

September of Fear: Targeted Violence against Christians in Rajasthan exposes pattern of harassment after Anti-Conversion Bill

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Bidar, Karnataka: Two school teachers assaulted in Karnataka’s Bidar, triggering communal tensions https://sabrangindia.in/bidar-karnataka-two-school-teachers-assaulted-in-karnatakas-bidar-triggering-communal-tensions/ Thu, 05 Mar 2026 10:46:31 +0000 https://sabrangindia.in/?p=46520 Two accused, unnamed by the police attacked two Muslim teachers at Basavakalyan in Karnataka’s Bidar district leading to widespread protests by the community

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Hindustan Times  repored that, two Muslim school teachers were allegedly assaulted at Basavakalyan in Karnataka’s Bidar district on Tuesday night, triggering communal tensions. Thousands gathered outside the Basavakalyan police station demanding action against those responsible for the attack. The protest, late on March 3, reportedly led to a confrontation, prompting authorities to register a case against the protesters.

Police said Mohammed Arif, 25, and Syed Imran, 31, were allegedly attacked while they were out for a walk. Deputy police superintendent Madolappa said five suspects were arrested in connection with the assault. “The accused were reportedly under the influence of alcohol,” Madolappa said. Names of the accused have not been released by the authorities.

Unfortunately, the news reports are based only on police sources. HT reports that the police said the incident took communal colour as the Muslim community alleged it was a targeted attack. They cited the complaint filed in the case and said that six to seven assailants made death threats and attacked Arif and Imran with stones, causing head injuries.

Further, the newspaper also reported that the police stated that tensions escalated when protesters gathered outside the station. Some protesters allegedly attacked police personnel, including assistant sub-inspector Mukhtar Patel, and threw stones. “Another case has been registered against 49 Muslim community members for attempting to lay siege to the police station, assaulting Patel, other police staff, and throwing stones,” Madolappa said.

Though the situation was reportedly brought under control thereafter, the original assault on teachers who happened to be Muslim and the motive of the attackers remains a mystery, unreported.

Related:

Why Communal Tension in Tamil Nadu’s Thiruparankundram is Another Warning Signal

Communal Tensions Erupt in Bihar’s Jamui: Alleged stone-pelting during religious procession leads to violence

Attempts to create communal tension reported during Ram Navami celebration in parts of Bengal and UP

 

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The Erosion of Equal Protection: Constitutional attrition and State apathy in targeted attacks on Kashmiri vendors across the states https://sabrangindia.in/the-erosion-of-equal-protection-constitutional-attrition-and-state-apathy-in-targeted-attacks-on-kashmiri-vendors-across-the-states/ Wed, 04 Mar 2026 04:08:50 +0000 https://sabrangindia.in/?p=46463 Systemic 2025 and early 2026 vigilantism and attacks against Kashmiri sellers, fuelled by religious profiling and hateful propaganda, dismantles the constitutional "bedrock" of Articles 19(1)(d) and (g), by substituting "reasonable restrictions" with mob-enforced exoduses, these acts subvert state authority and corrode public morality

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During the period encompassing 2025 and early 2026, a systemic and coordinated escalation in targeted vigilantism has fundamentally compromised the physical integrity and economic liberties of seasonal Kashmiri vendors across multiple state jurisdictions. Spanning from egregious physical assaults and highway dacoity in Kapurthala, Punjab, to orchestrated economic disenfranchisement in Himachal Pradesh, alongside coercive majoritarian sloganeering in Uttarakhand and Haryana, these multi-jurisdictional incidents expose a sustained campaign predicated on religious profiling, xenophobia, and hate speech.

This proliferation of violence transcends isolated instances of criminality; rather, it constitutes an orchestrated subversion of secular constitutionalism and a grave abrogation of fundamental human rights.

This legal analytical piece examines these systemic attacks through a rigorous constitutional and statutory framework. The organised marginalisation and physical coercion of these migrant traders strike directly at the Fundamental Rights guaranteed under Part III of the Constitution of India. Specifically, these acts constitute blatant violations of the right to equality before the law and the equal protection of the laws under Article 14. They not only result in severe violations of Fundamental Rights under Articles 14, 15, 19 and 21, the report further evaluates criminal liabilities under the Bharatiya Nyaya Sanhita (BNS), 2023, and the systemic failure of law enforcement to uphold statutory duties under State Police Acts.

The targeted hostility and denial of commercial access based strictly on regional and religious identity directly infringe upon the constitutional protections against discrimination enshrined in Article 15(2) (b). The forced displacement, threats of violence, and destruction of inventory fundamentally contravene the freedoms guaranteed to all citizens, explicitly violating the right to move freely throughout the territory of India under Article 19(1)(d), as well as the absolute right to practise any profession, or to carry on any occupation, trade, or business under Article 19(1)(g). Ultimately, the physical assaults, coercion, and the resulting climate of terror strip these individuals of their paramount right to the protection of life and personal liberty as guaranteed by Article 21, executing deprivations entirely without any procedure established by law.

Furthermore, this report meticulously assesses the criminal liabilities of the vigilante perpetrators under the Bharatiya Nyaya Sanhita, 2023 (BNS), mapping their actions to stringent penal offenses including wrongful restraint, voluntarily causing grievous hurt, criminal intimidation, and the deliberate promotion of enmity between groups.

Crucially, this analysis critiques the concerning state failure and institutional apathy that have permitted this targeted violence to persist with relative impunity. By juxtaposing the ground reality against the explicit statutory mandates of the Uttarakhand Police Act, 2007, and the Punjab Police Act, 2007—which legally obligate law enforcement to impartially protect life, uphold human rights, and proactively maintain communal harmony.

To substantiate the scale and systemic nature of these constitutional and statutory violations, the subsequent sections provide a comprehensive, state-wise documentation of the specific incidents of assault, coercion, and economic displacement perpetrated against Kashmiri vendors.

I. Punjab

Kapurthala: January 18, 2025

On January 18, 2025, a seasonal Kashmiri shawl seller named Mohammad Shafi Khawaja, originating from Kupwara, was physically attacked and looted by three motorcycle-borne masked miscreants while en route to sell shawls in Shahpur Andreta village within the Sultanpur area of Kapurthala district.

Three masked assailants came on a motorcycle and looted him of Rs 12,000 in cash and also took away his shawls worth Rs 35,000, the police said”, reported The Print.

Strongly condemning the incident, the Jammu and Kashmir Students Association (JKSA) issued a public statement on X (formerly Twitter), stating that “We have taken up the matter of the assault on a Kashmiri shawl seller in Kapurthala, Punjab, with the Punjab Government. The National Convenor of JKSA, @NasirKhuehami, has spoken to Punjab Chief Secretary KAP Sinha, who said that instructions have been issued to the DGP of Punjab to ensure swift action. He directed DGP Punjab, Gaurav Yadav, to identify the criminals and take strict action against those responsible for such a criminal act. He further stated that the culprits will face the consequences they deserve. The safety and security of Kashmiri students and shawl sellers remain our utmost priority.”

Another attack in Kapurthala against Kashmiri shawl seller from Kupwara

By February 11, 2025, in a continuation of violence against migrant traders, Fareed Ahmad Bajad, a Kashmiri shawl seller from Kupwara, was physically assaulted and robbed of his merchandise and cash by unidentified assailants in Kapurthala, Punjab. This incident marks the third such attack on Kashmiri vendors in the state within a 45-day period.

According to the Observer Post, Nasir Khuehami, the national convenor of the J&K Students Association, publicly condemned the recurring assaults as a targeted trend of intimidation threatening the community’s livelihood, local law enforcement provided a different assessment. Kapurthala Senior Superintendent of Police (SSP) Gaurav Toora confirmed the registration of an FIR at the City Police Station but dismissed allegations of communal intent or hate crimes.

Attributing the assaults to petty criminals and drug addicts targeting high-value merchandise, SSP Toora noted that four individuals had been arrested in connection with the previous cases and advised the vendors to travel in groups for their safety, as reported

II. Uttarakhand

Two Kashmiri vendors allegedly assaulted by Bajrang Dal members in Mussoorie

On April 29, 2025, two Kashmiri shawl vendors were assaulted by local youths (allegedly by Bajrang Dal members) on Mall Road in Mussoorie as claimed “retribution” for a terror attack. A video purportedly showed the vendors being slapped and harassed despite presenting their Aadhaar cards. Consequently, members of the community said “16 have left the town for safety.” Trader Shabir Ahmed Dar reported leaving goods worth Rs 12 lakh.

JKSA intervention, allegations of Police complicity, and subsequent arrests in Mussoorie

Highlighting the severity of the incident, Nasir Khuehami, National Convenor, initially posted on X that two Kashmiri shawl sellers were “brutally assaulted by members of the Bajrang Dal” in Mussoorie and that around 16 other traders from Kupwara district were “threatened, harassed, and forcibly evicted from their rented accommodations.”

Pointing to a severe lapse in civic policing, he noted that instead of receiving state protection, the vendors “were reportedly asked by the Mussoorie Police themselves to vacate the area and leave the state immediately.” Illustrating the economic devastation faced by the seasonal workers, Khuehami shared a statement from an affected trader that “All our goods, worth at least 30 lakh, are still lying there. We had no choice but to flee back to Kashmir, leaving everything behind.

Following appeals to state and national officials, Khuehami later posted an update on X that, “Upon raising the matter, DGP Uttarakhand, Deepam Seth Sahab informed me that the Uttarakhand Police had taken cognizance of the incident involving the assault on Kashmiri shawl vendors by three youths on Mall Road.” He confirmed the arrests of Suraj Singh, Pradeep Singh, and Abhishek Uniyal, noting that “legal proceedings are being initiated against them under the Police Act.” The update concluded by stating that the culprits “apologized for their actions and assured that they would not repeat such behavior,” while confirming the mass exodus that “Around 16 Kashmiri shawl vendors from Mussoorie have now returned to the Kashmir Valley.”

According to the Times of India, Police arrested three men under section 81 of the Uttarakhand Police Act, who were later fined and released after issuing written apologies. Dehradun SSP Ajay Singh stated, “We identified the assaulters and arrested them… I called them and assured them that they were free to come to Mussoorie and carry out their business.” Contrasting the exodus, local Kashmiri shopkeeper Muhammed Aslam Malik stated, “I am running my shop here since 2019 and have not faced any harassment here,” while Mussoorie Traders Association president Rajat Aggarwal added, “The society of Mussoorie is not aggressive or vindictive” as reported

Kashipur, Udham Singh Nagar

On December 22, 2025, a Kashmiri vendor named Bilal Ahmad Ganie, who had been operating his trade in the region for nine years, was intercepted in Kashipur by a mob of Bajrang Dal members led by local leader Ankur Singh.

According to report, the mob brutally assaulted the vendor, physically twisted his limbs, and coercively forced him to chant “Bharat Mata ki Jai.”

The physical violence was accompanied by xenophobic slurs explicitly questioning his nationality.

Following the circulation of the assault video on December 26, the Home Ministry announced a zero-tolerance directive, which subsequently led to the official arrest of the Bajrang Dal leader on December 27.

17-year-old Kashmiri shawl seller brutally attacked with rods in Vikasnagar, Dehradun

On January 28, 2026, the systemic violence culminated in a near-fatal mob attack in the Vikasnagar area of Dehradun district. A 17-year-old Kashmiri shawl vendor named Tabish Ahmed, along with his younger brother, was intercepted by a local shopkeeper and subsequently attacked by right-wing extremists armed with iron rods. The perpetrators subjected the youths to severe regional profiling, baselessly accusing them of complicity in the Pulwama attacks, before inflicting grievous bodily harm.

The assault left the 17-year-old with a fractured arm and severe head injuries that necessitated intensive medical treatment at Doon Hospital.


Image Courtesy: Greater Kashmir

J&K CM Omar Abdulla urged Uttarakhand CM to take strict action against the perpetrators

Following the assault on a young Kashmiri shawl seller in Uttarakhand, Jammu and Kashmir Chief Minister Omar Abdullah took up the matter directly with Uttarakhand CM Pushkar Singh Dhami.

According to a X post from the J&K Chief Minister’s Office, stating that “Chief Minister spoke with the Hon’ble Chief Minister of Uttarakhand, @pushkardhami, regarding the incident of assault on a young Kashmiri shawl seller in Uttarakhand and urged him to take strict action against the perpetrators. @pushkardhami assured that strict action, including registration of an FIR, would be taken in the matter and safety of J&K residents will be ensured.”

However, Waheed Ur Rehman Para, Member of the Legislative Assembly (MLA) from Pulwama representing the J&K Peoples Democratic Party (JKPDP) condemned the targeted attacks against Kashmiri student and traders. He posted on X that, “Amid rising hate crimes against Kashmiri students and traders, @jkpdp moved an adjournment motion today in the J&K Assembly, seeking an end to targeted attacks and discrimination.”


III. Himachal Pradesh

Dehra, Kangra

In November 2025, in the Dehra area of Kangra, a local resident named Naresh Sharma assumed vigilante authority by intercepting two Kashmiri hawkers who had been peacefully residing in Naiharan Pukhra for five to six years. Sharma illegally demanded to see their police verification, arbitrarily searched their commercial bags, and baselessly accused them of suspicious movement, carrying weapons, and child abduction. Despite the hawkers providing their Aadhaar identification, Sharma rejected their legal documents, ordered them to leave the village immediately, and threatened to invoke state authority against them.

Further on December 27, 2025, when a Kashmiri shawl seller was brutally assaulted by local vigilantes in the same Dehra region. The mob inflicted bone fractures and multiple physical injuries upon the vendor, completely vandalised his trade goods, and deliberately smashed his mobile phone to destroy evidentiary material, culminating in threats commanding him to leave the state entirely.

Shimla

On December 13, 2025, the hostility against the vendors was heavily institutionalised during a public gathering in Shimla organised by the Dev Bhoomi Sangharsh Samiti and VHP-Bajrang Dal concerning a local mosque dispute. During the assembly, a speaker openly propagated hate speech and called for an economic boycott of non-Hindus. The speaker specifically targeted Kashmiri hawkers with conspiracy theories, alleging they conduct surveillance on households when women are alone, referred to non-Hindus as modern-day demons, and circulated fabricated stories of hawkers stealing and consuming cattle to incite communal animosity and violence. This violence is illustrative of how this hill state, once peaceful, has been sought to be converted into a communal battlefield.

FIR registered following assault on Kashmiri Shawl seller in Ghumarwin, Bilaspur

An FIR has been registered by the Bilaspur police after a Kashmiri shawl seller was allegedly assaulted and his merchandise destroyed in the Ghumarwin area of the district. The complaint was filed by Abdul Ahad Khan, a resident of Kupwara, who reported being attacked on December 27, 2025 near Kuthera village by three masked individuals. According to Khan, the assailants assaulted him without provocation and destroyed shawls worth Rs. 20,000 before he managed to flee.

Bilaspur Superintendent of Police Sandeep Dhawal confirmed that an FIR has been filed under Sections 126(2), 115(2), and 324(4) of the Bharatiya Nyaya Sanhita (BNS) at the Ghumarwin police station, and efforts are underway to trace the suspects involved, as the Hindustan Times reported

IV. Haryana

Kashmiri shawl seller forced to chant “Bharat Mata Ki Jai” and “Vande Mataram” in Fatehabad

On December 28, 2025, Kashmiri shawl sellers and traders in the Fatehabad area were subjected to severe public intimidation and physical assault based on their religious and regional identities. A widely circulated video documented a local resident physically assaulting a Kashmiri vendor by violently grabbing his collar and subjecting him to degrading treatment.

The perpetrator aggressively forced the youth to chant “Bharat Mata Ki Jai” and “Vande Mataram” in a threatening tone, using public humiliation and the imminent threat of further violence as punishment for the vendor’s initial refusal to participate in the forced majoritarian sloganeering.

Police lodge suo motu FIR for ‘hate speech’ in Kaithal for heckling with Kashmiri vendor

On December 29, 2025, in a separate incident in the Kalayat area of Kaithal district, a viral video showed a local man confronting a Kashmiri vendor who was sitting on a concrete bench. The man demanded the vendor chant “Vande Mataram,” a request the vendor declined while citing his Islamic faith. In response, the assailant referenced violence against Hindus in Bangladesh, forced the vendor to pack up and leave, and threatened to burn him alive while explicitly warning that Muslims should not enter the village.

Taking suo moto cognizance of the video, the Kaithal police registered a First Information Report (FIR) on December 27 under Sections 196(1), 299, and 353(1) of the Bharatiya Nyaya Sanhita (BNS) against unidentified persons.

The incidents drew immediate public condemnation, including from Iltija Mufti, who shared the footage on X (formerly Twitter) and tagged Haryana Chief Minister Nayab Singh Saini and the Director General of Police to demand accountability.


V. Uttar Pradesh

Lucknow

On January 17, 2026, organised vigilante groups extended their campaign of intimidation against Kashmiri street vendors in Lucknow. Deepak Shukla, identified as a VHP-Bajrang Dal leader originating from Uttam Nagar in Delhi, along with his local associates, systematically intercepted and harassed seasonal Kashmiri traders.

Shukla and his group subjected the vendors to religious profiling, coercively forced them to chant “Vande Mataram,” and issued direct ultimatums threatening violence if the vendors did not immediately pack their goods and permanently vacate the geographical area.

Kashmiri artists face housing discrimination ahead of Kanpur Exhibition

On October 24, after a gruelling two-day search for accommodation in Kanpur, a group of young Kashmiri artists operating under the banner “Glance Kashmir” were abruptly evicted from a newly rented flat upon revealing their identity. The group had originally arrived in the city on October 22 to participate in an upcoming art exhibition and sought a modest space where they could cook their own meals.

During their initial search, they encountered blatant prejudice, with one local explicitly stating that rental properties would not even be shown to Muslims and Ahirs. On their third day, the artists finally secured a flat for Rs. 15,000 a month and paid a Rs. 5,000 advance, as reported the Observer Post.

However, when they returned that evening with groceries after setting up their exhibition stall, the landlady inquired about their background and immediately ordered them to leave. Despite the group’s desperate pleas that they were exhausted, hungry, and had nowhere else to stay for the night, she refunded their money and forced them out.

VI. Arunachal Pradesh

Naharlagun, Itanagar

On December 17, 2025, in Naharlagun, Itanagar, the targeting of Kashmiri vendors manifested through regional exclusivity and vigilantism concerning municipal trade licenses. Taro Sonam Liyak, the president of the Arunachal Pradesh Indigenous Youth Organisation (APIYO), personally confronted Kashmiri vendors and unlawfully assumed administrative authority by accusing them of operating illegally.

Liyak propagated xenophobic conspiracies, alleging the vendors were illegally settling family members to demographically capture the region.

The vendors maintained they had complied with legal procedures and applied for licenses, which were administratively delayed due to local elections, yet they still faced extra-legal vigilantism overriding municipal law enforcement.

  • Subversion of Constitutional Guarantees: the annihilation of fundamental rights

The targeted marginalisation and physical coercion of these migrant traders strike directly at the core of the Fundamental Rights guaranteed under Part III of the Constitution of India. This phenomenon goes far beyond isolated criminality, mutating into a systemic subversion of secular constitutionalism where the State’s monopoly on law and order is unlawfully usurped by majoritarian mobs.

Article 14 (Right to Equality and Equal Protection)

Article 14 establishes a dual mandate that the State shall not deny “equality before the law” nor the “equal protection of the laws.” The systematic failure of the state machinery to impartially protect Kashmiri vendors constitutes a severe breach of this foundational guarantee. When law enforcement categorises targeted, identity-based hate crimes as mere “petty theft” (as seen in Kapurthala), or advises victims to flee rather than arresting their attackers (as in Mussoorie), it demonstrates arbitrary state inaction.

The Constitution demands a positive obligation from the State to protect its vulnerable minorities. By allowing vigilantes to operate with relative impunity based solely on the victims’ regional and religious identity, the state apparatus implicitly endorses an unconstitutional, arbitrary classification, effectively creating a sub-class of citizens denied the equal protection of the criminal justice system.

Article 15(2)(b) (Horizontal Prohibition of Discrimination)

While many fundamental rights are enforceable only against the State, Article 15(2)(b) has a horizontal application—it explicitly bars citizens from subjecting other citizens to any disability, liability, or restriction concerning the use of roads and places of public resort on grounds only of religion, race, caste, or place of birth. The systematic interception of vendors on public highways in Punjab, the forced denial of commercial access to bustling public spaces like Mussoorie’s Mall Road, and the blatant, identity-driven housing discrimination faced in Kanpur are textbook violations.

The Constitution envisions public spaces as egalitarian zones; when vigilante mobs construct invisible, exclusionary borders within these spaces, and the State fails to dismantle them, the absolute protection against identity-based public exclusion is shattered.

Article 19 (1) (d) & 19 (1) (g) (Freedom of Movement and Profession)

The “bedrock of India’s economic integration” is cemented by the twin pillars of movement and livelihood. Under Article 19(1)(d), which mandates that all citizens shall have the right “to move freely throughout the territory of India,” the Constitution envisions a borderless nation where geography does not limit a citizen’s presence.

Complementing this is Article 19(1)(g), which grants the right “to practise any profession, or to carry on any occupation, trade or business.” Together, these rights ensure that an Indian citizen’s identity is not tied to their state of origin, but to their contribution to the national economy.

However, this integration is increasingly under siege. While Article 19(6) clarifies that “nothing in sub-clause (g)… shall affect the operation of any existing law… insofar as such law imposes… reasonable restrictions in the interests of the general public,” it is crucial to note that this power is reserved exclusively for the State.

When vigilante groups in Lucknow and Arunachal Pradesh issue “extra-legal territorial ultimatums,” they are not acting under the colour of law; they are engaging in a hostile takeover of state authority. The forced mass exodus of traders from Uttarakhand and the targeted destruction of commercial inventory in Himachal Pradesh are not “reasonable restrictions”—they are violent disruptions of the social contract. These actions bypass the judicial scrutiny required by Article 19(6), replacing the Rule of Law with the Rule of the Mob, and effectively dismantling the economic unity the Constitution seeks to preserve.

Article 21 (Protection of Life and Personal Liberty)

The paramount right of Article 21 ensures that no person shall be deprived of their life or personal liberty except according to procedure established by law. The Supreme Court has repeatedly expanded this to include the right to live with human dignity and the right to livelihood. The brutal physical assaults, the near-fatal iron rod attack on a minor in Dehradun, and the ensuing, pervasive climate of terror entirely strip these individuals of their physical security.

Forcing a citizen to choose between their economic survival and their bodily integrity is the ultimate deprivation of personal liberty, executed entirely outside any lawful procedure.

Penal culpability: application of the Bharatiya Nyaya Sanhita, 2023 (BNS)

The actions of the vigilante perpetrators are not spontaneous skirmishes; they map directly onto stringent penal offenses under the Bharatiya Nyaya Sanhita, 2023. These acts demand rigorous, uncompromising prosecution beyond the mere issuance of written warnings or preventive detention.

Offences of physical violence and restraint

The highway interceptions and physical beatings invoke Section 126(1) (Wrongful restraint). Vigilantes exhibit clear mens rea (criminal intent) by voluntarily obstructing vendors from proceeding in geographic directions they have a lawful, constitutional right to access. Furthermore, the grievous physical injuries inflicted—including shattered bone fractures in Himachal Pradesh and severe head trauma sustained by the 17-year-old in Vikasnagar—strictly attract Section 117(2) (Voluntarily causing grievous hurt). This section mandates severe punitive measures for endangering life and cannot be legally diluted into minor assault charges by investigating officers.

Offences of hate speech, enmity, and religious outrage

The forced majoritarian sloganeering, coercively extracted under the imminent threat of violence, coupled with xenophobic slurs referencing terrorism, transcend mere heckling. These calculated acts attracts Section 302 (Uttering words with deliberate intent to wound religious feelings).

Most critically, the organised assemblies in Shimla calling for widespread economic boycotts, paired with the propagation of fabricated conspiracy theories about Kashmiri vendors, directly violate Section 196 (Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony). This section explicitly criminalises the promotion of enmity between different groups on grounds of religion, race, or place of birth, and penalises any acts prejudicial to the maintenance of communal harmony.

Offences of intimidation and public humiliation

The public parading, violent grabbing of collars, and explicit threats of being burned alive recorded in Haryana represent acute violations of Section 351 (Criminal intimidation) and Section 352 (Intentional insult with intent to provoke a breach of peace). Extorting verbal compliance through mob terror is an assault on personal autonomy. Additionally, the widespread, defamatory conspiracies spread by local leaders regarding the vendors’ motives (e.g., alleging they are demographic invaders or spies) attract immediate liabilities under Section 356(3) and (4) (Defamation).

Institutional apathy: dereliction of statutory Police duties

The most critical and concerning legal failure underpinning this crisis is the institutional apathy and outright abdication of statutory mandates by state police forces. Law enforcement agencies are not merely reactive bodies; they are legally bound by their respective state acts to prevent such vigilantism proactively.

The Uttarakhand Police Act, 2007

Under Section 39 (1), the mandate of the police is unambiguous. They are legally bound to “uphold and enforce the law impartially, and to protect life, liberty, property, human rights, and dignity” (clause a), and must proactively “prevent and control… breaches of communal harmony” (clause c). When Mussoorie police reportedly instructed victimised vendors to vacate the jurisdiction rather than providing a protective state shield against Bajrang Dal mobs, they committed a gross dereliction of their duty to “create and maintain a feeling of security in the community and… prevent conflicts and promote amity” (clause h).

Furthermore, identifying perpetrators of cognizable hate crimes only to release them with mere written apologies fundamentally violates the mandate to accurately register complaints, conduct lawful investigations, and apprehend offenders (clause g). This approach effectively decriminalises mob violence.

The Punjab Police Act, 2007

Similarly, Section 40 of the Punjab Police Act, 2007 strictly mandates the police to uphold human rights impartially, maintain internal security, and proactively collect intelligence regarding threats to social harmony (clause i). By dismissing the repeated Kapurthala hate crimes against a specific demographic as the isolated, uncoordinated acts of “petty criminals” or drug addicts, the police entirely failed their investigative and intelligence-gathering duties, ignoring a glaring pattern of regional profiling.

Moreover, Section 41 legally enforces the “Social responsibilities of the police,” demanding that officers “guide and assist people especially those, needing help and protection” (clause b) and “be impartial and respectful for human rights, with special attention to weaker sections” (clause d). Advising vulnerable, targeted migrant vendors that they must “travel in groups” to avoid being attacked is a profound abdication of sovereign responsibility. It shifts the statutory burden of public safety entirely from the State onto the marginalised victims themselves, constituting a severe and actionable dereliction of statutory duty.

Why judicial intervention and law enforcement is imperative?

The crisis confronting Kashmiri seasonal vendors is a stark indicator of a broader institutional malaise that threatens the foundational integrity of the Indian Republic. The documented incidents reveal that the issue is no longer confined to isolated episodes of mob violence; rather, it has mutated into the dangerous privatisation of law enforcement. When local vigilantes are permitted to unilaterally dictate the terms of commerce, residency, and physical safety—while the state apparatus either acquiesces, re-categorises hate crimes as petty offenses, or advises victims to flee their lawful jurisdictions—the rule of law is effectively outsourced to majoritarian mobs.

Restoring constitutional order requires moving beyond reactive condemnations. It necessitates immediate, suo motu intervention by constitutional courts (Supreme Court and High Courts) to address the glaring gaps in police accountability. To halt the normalisation of identity-based economic displacement, law enforcement officers must face strict departmental and legal consequences for the dereliction of their statutory duties.

Concurrently, the applicable provisions of the Bharatiya Nyaya Sanhita must be unequivocally enforced against perpetrators, entirely stripping away the impunity currently afforded to vigilante networks. Only through uncompromising institutional accountability can the promise of secular constitutionalism and equal protection be salvaged.

While FIRs have been lodged in many of these communally charged assaults the real measure of the deterrence enforced by this act will be visible only if the respective state police are pro-active and visible about the follow-up and prosecutions of these criminal complaints. Typically, while the FIR is the first response after the social media outrage, police rarely follow up with robust prosecutions.

Related:

Right to Food: How the ban on sale of non-veg food is an issue where imposed majoritarian faith clashes with the Indian Constitution

Himachal Haryana, racial harassment and attacks on Kashmiri shawl sellers rage on

Mob lynching: Three separate incidents surface, even minors and partially disabled Muslims not safe

The post The Erosion of Equal Protection: Constitutional attrition and State apathy in targeted attacks on Kashmiri vendors across the states appeared first on SabrangIndia.

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CJP’s 2025 Hate Watch: leading the fight for accountability in the digital media https://sabrangindia.in/cjps-2025-hate-watch-leading-the-fight-for-accountability-in-the-digital-media/ Thu, 19 Feb 2026 04:04:01 +0000 https://sabrangindia.in/?p=45953 In 2025, CJP emerged as India’s leading voice confronting digital hate on television, spearheading sustained NBDSA interventions that challenged communal broadcasts/debate, secured corrective orders, and strengthened accountability frameworks to restrain the spread of hateful and polarising content across news media

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In 2025, Citizens for Justice and Peace (CJP) made a series of strategic interventions before the News Broadcasting & Digital Standards Authority (NBDSA). As television news increasingly grappled with the challenges of “digital hate” and sensationalism, CJP’s systematic monitoring and legal persistence served as a necessary check on broadcasts that threatened to undermine communal harmony and journalistic integrity.

Throughout the year, CJP successfully challenged problematic impugned broadcasts of several leading news channels—including Zee News, India TV, Aaj Tak, ABP News, NDTV, and Times Now Navbharat—for airing content that relied on presumptive narratives, unverified claims, and polarising themes. These interventions led to landmark decisions where the regulator (NBDSA) ordered the removal of offensive content, issued formal warnings, and released advisories to broadcasters regarding the sensitive framing of religious and communal issues.

A notable shift in 2025 was CJP’s focus on the “war-like” rhetoric and inflammatory tickers used during coverage of sensitive geopolitical events, such as the reported India-Pakistan tensions, and domestic flashpoints. By documenting these violations in real-time, CJP not only secured apologies and content deletions but also pushed for a more robust accountability framework.

The following CJP’s 2025 NBDSA Interventions Tracker provides a detailed, channel-wise breakdown of the complaints filed by CJP and the subsequent decisions rendered by the NBDSA to uphold broadcasting standards.

CJP’s 2025 NBDSA Interventions Tracker

Decision in 2025
TV Channel Complaint Date Theme of the Show/Broadcast NBDSA Decision
Zee News 27.03.2024 Debate on Budaun encounter LIVE: Encounter पर क्यों उठा रहे सवाल? Javed | Sajid | Breaking news” dated March 20, 2024.

 

Date: 27.01.2025

 

1.      Warning Issued

2.      Removal of content within 7 days

3.      Advisory to future broadcasters

4.      Order dissemination

 

India TV 21.10.2024

 

 

 

 “Coffee Par Kurukshetra: यूपी में पत्थरबाजों की फौज कहां से आई? UP Bahraich Violence | CM Yogi” dated October 15, 2024.

 

Date: 25.09.2025

 

1.      Content removal from its website, YouTube Channel and all online lines within 7 days

 

Times Now Navbharat 23.10.2023 Modi के खिलाफ… क्यों खडे ‘हमास’ के साथ? | Israel-Hamas Conflict | Owaisi | ST Hasan” dated October 16, 2023.

 

And

 

Rashtravad:  हिंदुस्तान में ‘Hamas Think tank’ कौन बना रहा है? | Israel-Palestine Crisis | Owaisi” dated October 16, 2023.

 

Date: 27.01.2025

 

1.      Warning Issued

2.      Removal of content within 7 days

3.      Advisory to future broadcasters

4.      Order dissemination

09.09.2024 Desh Ka Mood Meter: सनातन संस्कृति..कट्टरपंथियों के लिए सॉफ्ट टारगेट? | CM Himanta Biswa Sarma News” dated September 2, 2024.

 

Date: 03.12.2025

 

1.      Removal of content within 7 days

 

26.08.2024 Sankalp Rashtra Nirman Ka: कराची का लिटरेचर..भारत के मदरसों में क्या कर रहा ? | Hindi News” dated August 19, 2024.

And

 

Rashtravad: भारत का मदरसा…पाकिस्तान का सिलेबस? | Priyank Kanoongo | Bihar Madarsa | Hindi News” dated August 19, 2024.

 

Date: 09.06.2025

 

The NBDSA decided to close the complaint but concluded with a strong advisory observation:

  1. Anchors must be more cautious while hosting and framing programs that deal with religious or communal issues, especially where claims remain unverified or contested.
  2. Broadcasters should avoid presumptive narratives that could create feelings of hatred towards any community.
Complaints in 2025
Aaj Tak 14.05.2025 पाकिस्तान पर भारत पर भारत का चौतरफा हमला, Lahore-Karachi में भारी नुक़सान [India’s All-Around Attack on Pakistan, Heavy Losses in Lahore-Karachi]” dated May 9, 2025.

 

 

 

 

ABP News 15.05.2025 India Pakistan War Update: श्रीनगर और लुधियाना में ब्लैक आउट” Dated May 8, 2025.

 

Network 18 14.05.2025 India’s air strike Pakistan: Operation Sindoor में मारा गया आतंकी Mohammad Iqbal |India Pak War,” dated May 7, 2025.

 

Date: 22.05.2025

 

1.      Response received from the Channel

2.      Video Removed

3.      Apology rendered

 

NDTV 15.05.2025 India-Pakistan Tension: पाकिस्तान के खिलाफ भारत का जवाबी हमला शुरू” dated May 8, 2025 .

 

Times Now Navbharat 15.05.2025 “#BharatPAKWarBREAKING: भारत-पाकिस्तान युद्ध पर अमेरिका का बयान- ‘हम भारत को नहीं रोक सकते’ [U.S. statement on the India-Pakistan war: ‘We cannot stop India]” dated May 9, 2025.

 

India TV 16.05.2025 Pakistan Drone Destroyed in Rajasthan: राजस्थान के रामगढ़ में गगराया गया पागकस्तानी ड्रोन [Pakistani drone shot down in Ramgarh, Rajasthan] IND Vs PAK” dated May 9, 2025.

 

Date: 29.05.2025

 

4.      Response received from the Channel

5.      Video Removed

6.      Apology rendered

CJP’s 2025 NBDSA interventions: a year of ensuring accountability in media reporting

  1.  Landmark decisions delivered in 2025

The year began with a series of significant decisions from the NBDSA on complaints CJP had filed regarding broadcasts that sought to communalise sensitive domestic and international issues.

  • Zee News: the “Budaun Encounter” case

On January 27, 2025, the NBDSA delivered a pivotal order regarding a broadcast aired on March 20, 2024. The show, titled “Debate on Budaun encounter LIVE: Encounter पर क्यों उठा रहे सवाल?” focused on a tragic criminal incident involving two brothers.

  • Fact of the complaint: CJP argued that the anchor, Pradeep Bhandari, repeatedly used the term “Talibani-style murder” and framed the entire debate around the religious identity of the accused. The show suggested a broader conspiracy rooted in religion rather than treating the incident as an individual criminal act.
  • The NBDSA decision: The Authority ruled that the broadcast violated the Guidelines to Prevent Communal Colour in Reporting Crime. The NBDSA noted that linking a crime to a specific religion or using extremist terminology like “Talibani” without evidence was inflammatory.
  • Action taken: A formal warning was issued to Zee News on January 27, 2025. The channel was ordered to remove the video from all platforms within 7 days and ensure the order was disseminated to all member broadcasters as a corrective measure.
  • Times Now Navbharat: communalising the Israel-Hamas conflict

Also on January 27, 2025, the NBDSA ruled on two segments from October 16, 2023 on theme “Modi के खिलाफ… क्यों खडे ‘हमास’ के साथ?” and “Rashtravad: हिंदुस्तान में Hamas Think tank’ कौन बना रहा है?”

  • Fact of the complaint: CJP stated that how the anchors, Rakesh Pandey and Naina Yadav, portrayed Indian Muslims and opposition leaders supporting the Palestinian cause as “Hamas sympathisers.” The broadcast used leading questions to suggest that religious ties in India were fueling support for global terrorism.
  • The NBDSA decision: The regulator found that the broadcaster had exceeded its limits by targeting a particular community. The NBDSA observed that the debates conflated political support for Palestine with support for a banned entity (Hamas), thereby creating prejudice.
  • Action taken: The NBDSA issued a formal warning for violating neutrality and ordered the immediate removal of the content within 7 days.

Times Now Navbharat: addressing communal tones in cultural debates

  • Facts of the complaint: On September 9, 2024, CJP filed a complaint against the show “Desh Ka Mood Meter: सनातन संस्कृति…कट्टरपंथियों के लिए सॉफ्ट टारगेट?” which aired on September 2, 2024. The program was flagged for its inflammatory framing of issues related to Sanatan culture and its portrayal of certain groups as “extremists” targeting religious sentiments. CJP argued that the broadcast lacked objectivity and used a sensitive cultural subject to build a polarising narrative.
  • NBDSA Action: Regarding this intervention, the NBDSA delivered its decision on December 3, 2025, directing the broadcaster to remove the content from its website, YouTube channel, and all other digital links within 7 days.

Times Now Navbharat: caution against presumptive Madrasa narratives

  • Moreover, CJP intervened on August 26, 2024, concerning two segments aired on August 19, 2024: “Sankalp Rashtra Nirman Ka: कराची का लिटरेचर..भारत के मदरसों में क्या कर रहा?” and “Rashtravad: भारत का मदरसा…पाकिस्तान का सिलेबस?”. The complaints cantered on the unverified nature of the claims that literature from Karachi was being taught in Indian Madrasas, which CJP argued contributed to the stigmatisation of religious educational institutions.
  • NBDSA decision/action: In its decision dated June 9, 2025, the NBDSA decided to close the complaint but concluded with a strong advisory observation. The Authority emphasised that anchors must be significantly more cautious when framing programs involving religious or communal issues, particularly when claims are unverified. Furthermore, the NBDSA warned that broadcasters should strictly avoid presumptive narratives that have the potential to foster feelings of hatred or ill-will toward any community.

C.)  India TV: the Bahraich violence reporting

On September 25, 2025, a decision was reached regarding the show “Coffee Par Kurukshetra: यूपी में पत्थरबाजों की फौज कहां से आई? UP Bahraich Violence | CM Yogi” (aired October 15, 2024), which covered communal violence in Bahraich, UP.

  • Fact of the complaint: CJP pointed out in its complaint that the channel used the inflammatory headline “Army of stone-pelters” and conducted a one-sided debate that demonised a specific community as “outsiders” and “aggressors” without providing space for a neutral or dissenting view.
  • The NBDSA decision: The Authority found that the channel failed to maintain objectivity. It ruled that the broadcast was likely to incite communal hatred and was not a balanced representation of the facts on the ground.
  • Action taken: The NBDSA ordered the removal of the broadcast from the channel’s website and YouTube within 7 days.
  1.  CJP’s 2025 NBDSA interventions
  • Network 18 (News18 MP Chhattisgarh)

Complaint Date: May 14, 2025

Theme of the show: “India’s air strike Pakistan: Operation Sindoor में मारा गया आतंकी Mohammad Iqbal | India Pak War, dated May 7, 2025.

  • Facts of the complaint: On May 14, 2025, CJP moved a formal complaint against News18 MP Chhattisgarh regarding its May 7, 2025, broadcast titled “India’s air strike Pakistan: Operation Sindoor में मारा गया आतंकी Mohammad Iqbal.” The complaint alleges that the channel grossly misreported the death of Maulana Qari Mohammad Iqbal, a respected religious scholar and teacher from Poonch, Jammu and Kashmir, by labeling him a “most-wanted terrorist” and “top Lashkar-e-Taiba commander” killed in a purported airstrike.
  • However, official statements from the Poonch Police and independent fact-checkers confirmed that Iqbal was a civilian who died due to cross-border shelling and had no links to militancy. This broadcast constitutes a severe breach of the NBDSA’s Code of Ethics, specifically the principles of accuracy, impartiality, objectivity, and the right to privacy.
  • CJP demanded an immediate on-air corrigendum, a formal unconditional apology to the deceased’s family, and the permanent removal of the defamatory content from all digital platforms to redress the significant moral and journalistic failure. 
  • Action Taken: Response was received from the channel, video removed and apology rendered by the channel.
  • ABP News

Complaint Date: 15.05.2025

Title/Theme of the show: “India Pakistan War Update: श्रीनगर और लुधियाना में ब्लैक आउट Dated May 8, 2025

  • Facts of complaint: On May 15, 2025, Citizens for Justice and Peace (CJP) filed a formal complaint against ABP News for broadcasting misleading visuals during its May 8, 2025, segment titled “India Pakistan War Update.” The channel allegedly aired four-year-old footage of Israel’s Iron Dome system from 2021, falsely presenting it as real-time evidence of Indian air defences intercepting a drone attack in Jaisalmer, Rajasthan.
  • This misrepresentation, identified by independent fact-checkers like Alt News, constitutes a severe violation of the NBDSA’s Code of Ethics regarding accuracy, impartiality, and neutrality. By prioritising sensationalism over due diligence during a period of heightened national anxiety, the broadcast risked inciting public panic and glorifying military violence through fabricated success.
  • Furthermore, the report disregarded specific Ministry of Information and Broadcasting (MIB) advisories against real-time reporting of defines operations and the spread of disinformation. CJP argues that such reckless journalism compromises national security and erodes public trust in mainstream media. Consequently, the organisation demands an immediate on-air corrigendum, a formal public apology from the channel, and the permanent removal of all contentious content from digital platforms to prevent further circulation of this disinformation.
  • Aaj Tak

Complaint Date: May 14, 2025

Title/Theme of the show: पाकिस्तान पर भारत पर भारत का चौतरफा हमला, Lahore-Karachi में भारी नुक़सान [India’s All-Around Attack on Pakistan, Heavy Losses in Lahore-Karachi]” dated May 9, 2025

  • Facts: On May 14, 2025, Citizens for Justice and Peace (CJP) filed a formal complaint against Aaj Tak for broadcasting misrepresented and sensationalised content regarding “Operation Sindoor.” On May 9, senior anchors Anjana Om Kashyap and Shweta Singh presented footage claiming to show a Pakistani drone attack being repelled in Jaisalmer and an “all-around attack” on Lahore and Karachi. These segments utilised the sensational headline: “पाकिस्तान पर भारत का चौतरफा हमला, Lahore-Karachi में भारी नुक़सान.”
  • Technical verification revealed a systemic failure in journalistic due diligence. Specifically, on May 7, the channel aired visuals of seven missiles allegedly being launched in Bahawalpur, Pakistan. Reverse image searches confirmed this footage was actually from a Sputnik Armenia report dated October 13, 2023, depicting Israeli airstrikes in Gaza. The Israeli Air Force’s official records further corroborated the origin of the clips.
  • NDTV

Complaint Date: 15.05.2025

Theme/Title of the Show: “India-Pakistan Tension: पाकिस्तान के खिलाफ भारत का जवाबी हमला शुरू” dated May 8, 2025

  • Facts of the complaint: On May 15, 2025, CJP filed a formal complaint against NDTV regarding its May 8 broadcast titled “India-Pakistan Tension: India Attacks Pakistan Breaking.” The complaint alleges that NDTV aired visuals falsely depicting a Pakistani air attack being foiled by Indian air defines systems in Jaisalmer, Rajasthan. However, independent fact-checkers, including Alt News, established that the footage was actually a four-year-old video from 2021 showing Israel’s Iron Dome system.
  • CJP asserted, in its complaint, that this constitutes a gross violation of the NBDSA’s Code of Ethics and Broadcasting Standards, specifically breaching principles of impartiality, objectivity, and neutrality. By presenting recycled foreign footage as real-time military action without due diligence, the channel disseminated dangerous disinformation during a sensitive national security crisis.
  • Further it was argued that “this irresponsible brand of journalism” not only misled the public but also violated Ministry of Information and Broadcasting (MIB) advisories against real-time reporting of defines operations and the spread of misinformation. Consequently, CJP demands that NDTV issue a prominent on-air corrigendum, a formal public apology, and immediately remove all related digital content from its platforms. The organisation emphasised that such lapses can provoke mass panic and compromise national security, necessitating urgent corrective action to restore journalistic integrity.
  • Times Now Navbharat

Complaint Date: May 15, 2025

Theme/Title of show: “#BharatPAKWarBREAKING: भारत-पाकिस्तान युद्ध पर अमेरिका का बयान- ‘हम भारत को नहीं रोक सकते’ [U.S. statement on the India-Pakistan war: ‘We cannot stop India]” dated May 9, 2025.

  • Facts: On May 15, 2025, Citizens for Justice and Peace (CJP) filed a formal complaint against Times Now Navbharat regarding a May 9 broadcast titled “#BharatPAKWarBREAKING: भारत-पाकिस्तान युद्ध पर अमेरिका का बयान- ‘हम भारत को नहीं रोक सकते’.” The channel aired visuals allegedly showing a Pakistani air attack being foiled by Indian air defines systems in Jaisalmer, Rajasthan; however, fact-checking established that the video was actually four-year-old footage sourced from a 2021 YouTube upload by NSFchannel, likely depicting Israel’s Iron Dome.
  • The complaint highlights that the footage was presented with a tone of real-time urgency and lacked any disclaimers or source identification, creating a false narrative of active military escalation. This broadcast constitutes a gross violation of the NBDSA Code of Ethics—specifically regarding accuracy, impartiality, and neutrality—and disregards the MIB advisory dated April 25, 2025, which prohibits real-time reporting of defines operations and the dissemination of disinformation.
  • India TV

Complaint Date: May 16, 2025

Title/Theme: “Pakistan Drone Destroyed in Rajasthan: राजस्थान के रामगढ़ में गगराया गया पागकस्तानी ड्रोन [Pakistani drone shot down in Ramgarh, Rajasthan] IND Vs PAK” dated May 9, 2025.

  • Facts: On May 9, 2025, India TV broadcasted a segment titled “Pakistan Drone Destroyed in Rajasthan: राजस्थान के रामगढ़ में गगराया गया पागकस्तानी ड्रोन [Pakistani drone shot down in Ramgarh, Rajasthan] IND Vs PAK.” The complaint filed before NBDSA on 16.05.2025 highlighted that the channel used a four-year-old video of Israel’s Iron Dome Air Defence System (originally published on May 11, 2021, by @NSFchannel) to represent a current drone intercept in Jaisalmer. The broadcast lacked any “file footage” disclaimer, creating a false narrative of real-time military success.
  • Consequently, on May 29, 2025, the channel admitted the error, removed all digital content, and issued a public apology.

The 2025 Media Sentinel: CJP’s Crusade against ‘Digital Hate’

This, in 2025, continuing with its systematic monitoring and well-researched interventions, CJP emerged in the vanguard against the digital-ised hate era of Indian television. By moving beyond isolated protests and focusing on the systemic weaponisation of newsroom aesthetics, CJP urged the News Broadcasting & Digital Standards Authority (NBDSA) to deliver its most significant set of accountability orders to date.

The year 2025 has established that communal polarisation is no longer a “risk-free” revenue model for broadcasters. Through sustained legal interventions, CJP has turned the NBDSA from a silent regulator into an active arbiter of truth. Broadcasters are now on notice: every sensational ticker, unverified “war” clip, and biased panel will be documented, challenged, and eventually dismantled in the interest of constitutional harmony.

Related

CJP files complaint with six news channels for spreading misinformation, making false terror links: Operation Sindoor

Broadcasting Bias: CJP’s fight against hatred in Indian news

Human Rights Day 2024: CJP’s Fight for Access to Justice in India

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Against the Script of Hate: How ordinary citizens are reclaiming public space https://sabrangindia.in/against-the-script-of-hate-how-ordinary-citizens-are-reclaiming-public-space/ Mon, 16 Feb 2026 11:02:55 +0000 https://sabrangindia.in/?p=45927 A shop sign in Kotdwar, a shutter kept open in Nainital, a landlord’s refusal in Purola, and a Valentine’s Day standoff in Jaipur — how everyday acts of defiance are reshaping the narrative of communal tension in India

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In recent years, public spaces across India — markets, parks, neighbourhoods, gymnasiums — have increasingly become arenas of majoritarian assertion. Names are scrutinised. Shops are marked. Couples are questioned. Boycotts are called. Identity is policed in the open.

But another pattern has emerged alongside these flashpoints: ordinary citizens refusing to comply.

From Kotdwar and Nainital in Uttarakhand to Jaipur in Rajasthan, small acts of resistance are creating ripples that extend far beyond their immediate geography. These moments do not erase communal tension — but they complicate the narrative of inevitability.

Kotdwar: Republic Day, a shop sign, and a national ripple

On January 26, 2026, as reported by The Hindu (February 9, 2026), patriotic music echoed across Kotdwar’s Jhanda Chowk when a confrontation unfolded outside “Baba School Dress and Matching Centre,” a decades-old garment shop run by 71-year-old Wakeel Ahmed.

A group of young men demanded that Ahmed remove the word “Baba” from his signboard, claiming that Kotdwar — associated with Baba Siddhabali — did not permit a Muslim trader to use the term. Mobile phone videos later circulated widely, showing Ahmed visibly shaken.

The incident may have remained another viral moment of coercion had Deepak Kumar, a local gym owner, not intervened. When asked to identify himself, he responded: “My name is Mohammad Deepak.” The addition of “Mohammad” was deliberate — a symbolic rejection of rigid identity boundaries.

What followed, again reported by The Hindu, was swift escalation. An FIR was filed against Deepak, reportedly based on a complaint from members of the Vishwa Hindu Parishad. His gym memberships collapsed from 150 to 15. A crowd gathered days later outside his premises raising slogans. Police were deployed. His family reportedly received threats.

Yet this is where the story altered course.

As reported by The Indian Express, CPI(M) MP John Brittas publicly purchased a gym membership in solidarity. Fifteen Supreme Court senior advocates followed, each contributing Rs 10,000 as annual membership fees — deliberately structured as subscriptions, not donations, because Deepak refused direct financial aid. More than 20 lawyers pledged pro bono legal assistance.

Public figures such as Kaushik Raj, Raju Parulekar, Ramchandra Guha, Swara Bhaskar and Teesta Setalvad amplified calls for support.

A local confrontation thus transformed into a national solidarity campaign.

The Association for Protection of Civil Rights (APCR), in its January 2026 report Excluded, Targeted & Displaced, contextualised such incidents within a broader pattern of communal narratives, economic boycotts, and displacement in Uttarakhand since 2021. Kotdwar was not an aberration — it was part of a documented trajectory.

And yet, the ripple effect from Deepak’s intervention shows that the story does not end with targeting. It can expand into resistance.

Nainital: “Why are you beating everyone?”

In April 2025, Nainital witnessed unrest following the arrest of a 72-year-old man accused of molestation. According to reporting by The Hindu, although the accused was swiftly detained, protests escalated into vandalism of Muslim-owned shops and attacks on property.

Amid the chaos, Shaila Negi — daughter of a traders’ association office-bearer — confronted a swelling mob. In a viral video, she asks: “Sabko kyun maar rahe ho?” (“Why are you beating everyone?”).

She refused to shut her shop during a bandh called against Muslims.

The backlash, she later told The Hindu, included online rape threats and abuse. But her action inserted dissent into what might otherwise have appeared as unanimous anger.

The importance of her intervention lies not in scale but in rupture — she broke the logic of collective punishment.

Purola: When an 83-year-old lawyer said “no”

The summer of 2023 in Purola saw boycott calls and intimidation after allegations involving two youths of different faith in a love jihad case. Posters marked Muslim homes. Tenants were pressured to vacate. Protests reportedly involved groups including the Bajrang Dal.

As documented in The Hindu’s coverage and referenced in the APCR report, fear spread, and some minority families left. But 83-year-old lawyer Dharam Singh Negi refused to evict his Muslim tenants despite threats and posters pasted outside his own house. His defiance reportedly encouraged other landlords to stand firm. This was not viral. It did not trend nationally. But it stabilised a town at a fragile moment.

Jaipur: Public reversal of moral policing

On February 14, 2026, a public park in Jaipur became the setting for a confrontation that quickly travelled far beyond Rajasthan. Videos widely circulated showed a group of men, reportedly linked to the Bajrang Dal, approaching couples in the park on Valentine’s Day. Dressed in saffron scarves and carrying sticks, the men were seen demanding identification cards and questioning the legitimacy of the couples’ presence. Such scenes have, over the years, become almost ritualistic in parts of India, where fringe groups position themselves as defenders of culture against what they describe as Western influence.

 

What made this incident different, however, was the reaction it provoked. Instead of dispersing or complying quietly, the couples — joined by bystanders — began demanding identification from the vigilantes themselves. Voices in the video are heard asking under what authority the men were conducting checks. One individual insists on knowing their names and addresses and warns that he would take them to court. The dynamic of intimidation visibly shifted. What had begun as an attempt to assert moral authority turned into a public challenge to that very authority.

The exchange quickly escalated into a tense standoff, but the significance lay in the reversal. Moral policing typically operates through spectacle and psychological pressure — the presence of a group, symbolic attire, raised voices, and the implicit threat of escalation. Its power depends on the assumption that those targeted will feel embarrassed, cornered, or fearful. In Jaipur, that script collapsed. By demanding accountability, the public reframed the encounter as a legal question rather than a cultural one: who has the right to demand identification in a public park?

The viral circulation of the clip amplified this reversal. Social media users described the moment as an “UNO reverse,” but beneath the humour was a serious civic assertion. Instead of the now-familiar images of couples being chased or shamed, the video showed alleged vigilantes on the defensive, being questioned about their authority. The spectacle of humiliation, so often directed at young people celebrating Valentine’s Day, was replaced by a spectacle of resistance.

The Jaipur episode is important not merely as a viral moment but as an indicator of shifting public thresholds. Unlike instances in Kotdwar, Nainital, or Purola — where individuals initially stood almost alone — the Jaipur confrontation reflected collective, spontaneous pushback. It suggested a growing unwillingness among citizens, particularly younger urban residents, to concede public spaces to self-appointed moral enforcers. In doing so, it signalled that while intimidation may remain visible, compliance is no longer automatic.

The Pattern: From isolation to contagion

These incidents, taken together, reveal an emerging civic reflex:

  • A gym owner interrupts harassment.
  • Senior lawyers institutionalise solidarity.
  • A woman challenges collective punishment.
  • An elderly lawyer defies eviction pressure.
  • Couples publicly question vigilante authority.

They are geographically scattered. They are politically unaffiliated. They are socially risky.

But they share one thing: they disrupt the perception of unanimity.

Communal polarisation often depends on silence. It thrives when intimidation goes uncontested. What these incidents demonstrate is that public dissent — even by one person — fractures that narrative.

The ripple from Deepak Kumar’s Republic Day intervention is especially instructive. His stand did not remain local. It catalysed legal networks, political support, and social media amplification. It reassured others that resistance might not mean isolation.

Jaipur shows what happens when that reassurance spreads.

None of these incidents eliminate structural tensions. None reverse policy shifts or ideological mobilisation. The APCR report makes clear that displacement and targeting remain real concerns in parts of Uttarakhand.

But they demonstrate something equally real: civic resilience.

They show that:

  • Names cannot be monopolised.
  • Crime cannot justify collective blame.
  • Landlords need not obey mobs.
  • Vigilantes can be questioned.
  • Solidarity can be structured, visible, and contagious.

Hate travels quickly — through slogans, rumours, and viral clips. But courage travels too.

And increasingly, it is not travelling alone.

 

Related:

CJP’s 2025 intervention against ‘Digital Hate’: Holding television news channels accountable before the NBDSA

Public Resistance and Democratic Assertion: India through protests, 2025

Law as Resistance: A year of CJP’s interventions against a rising tide of hate

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Mohammad Deepak: Upholding fraternity amidst a sea of hate https://sabrangindia.in/mohammad-deepak-upholding-fraternity-amidst-a-sea-of-hate/ Thu, 12 Feb 2026 12:20:10 +0000 https://sabrangindia.in/?p=45876 India is a country full of diversity. Many hues. The diversity of faith/religion is astounding. The British used the Hindus and Muslims identity to sow the seeds of ‘divide and rule’. They harped on history to plant the hatred, which became the base on which the communal stream of Muslim League and Hindu Mahasabha-RSS introduced […]

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India is a country full of diversity. Many hues. The diversity of faith/religion is astounding. The British used the Hindus and Muslims identity to sow the seeds of ‘divide and rule’. They harped on history to plant the hatred, which became the base on which the communal stream of Muslim League and Hindu Mahasabha-RSS introduced their versions of history and created a divisive element between the (until then) mostly cordial relations between Hindus and Muslims. This hate generated the deep schisms and violence of pre-partition violence, conveniently allowing British to give effect to the ‘Mountbatten plan’ for partitioning the country. The apostle of ‘Peace’, the father of the Nation, Mahatam Gandhi had to face three bullets on his bare chest on the false accusation that he is ‘pro-Muslim’.

After partition Muslim communalism asserted itself in Pakistan, eroding the possibility of the country becoming a thriving democracy. Social and economic progress was the biggest victim here diminishing the possibility of its transition into a modern state with progress, peace and Amity. India had a very secular leadership under Jawaharlal Nehru and he, with others, laid the foundations of a nation which –until a few decades ago –was held up as a unique experiment with core syncretic values. However, communal forces that have risen over the last couple of decades are undoing the achievements of the first four-five decades of peace and amity. Hate against Muslims has been their core method; to increase their power and hold over society.

During this march towards converting an aspiring democracy into a sectarian nationalist state, those brandishing this majoritarian politics have devised newer and newer languages and slogans against Muslims in particular and also against Christians.

The situation is pathetic now. Social common sense is full of Hate against Muslims and this is increasing by the day. We saw Hindu communalism developing a mechanism to spread far and wide to the extent that Muslim ghettos are the order of the day, vegetarianism being asserted, love jihad, land jihad, Corona jihad have been commonplace words. Starting from the top leadership the foot soldiers implement this hate into practical violence leading to polarisation of society.

The top leadership throws up slogans like ‘Batenge to Katenge’, ‘Ek hain to safe hain’, they can be identified from their clothes, they proliferate like rabbits, Hindus will become a minority, Hindus are in danger; to name just the few.  On the top of this pyramid, the Assam Chief Minister, who was earlier in Congress and is now in BJP from last few years, has made statements against Miyas, (Bengalis speaking Muslims), which exceed all the earlier hate speeches against Muslims. On January 27, 2026, he stated ‘four to five lakh Miyas will be removed from the electoral rolls through SIR’. He went on to state “Vote chori means we are trying to steal some Miya votes. They should ideally not be allowed to vote in Assam, but in Bangladesh.” According to media reports, Sarma also openly instigated the public by saying, “Whoever can give trouble in any way should give, including you. In a rickshaw, if the fare is Rs 5, give them Rs 4. Only if they face troubles will they leave Assam.” Reported the Deccan Herald.

To cap it all he has recently released a video on social media showing him shooting through rifle and bullet going and hitting the skull capped man and the boy standing close to him. This tweet has been deleted now. Seeing all this the renowned Human Rights activist and eminent author, Harsh Mander filed a petition against him for Hate speech to “Promote hatred, harassment and discrimination against Bengali-speaking Muslims in Assam.” He said he had sought prompt action and the registration of an FIR under relevant provisions of the Bharatiya Nyaya Sanhita, 2023.To this Sarma responded that he will file multiple FIRs against Mander for helping the Muslims during NRC process, and ensure that he is sent to jail. (Latest news reports suggest that after two petitions moved in the Supreme Court of India, Sarma has made a scapegoat of the BJP’s social media chief and sacked him, disclaiming all responsibility for the controversial, hate-filled, video—Editors).

So, what has happened to the syncretic culture which has been part of our land for centuries, where Azan Peer and Shankar Dev of Assam preached harmony and lived in Assam itself? So, what happened to the Hindu Muslim interaction in all areas of life, food, literature, architecture and religious festivals? One starts feeling hopeless in this scenario and feels despondent.

And then came the incident from Kotdwar in Uttarakhand. Here an old Muslim man was running a shop called ‘Baba school dress’ for the last 30 years. Bajrang Dal activists pounced upon him questioning how he can name his shop Baba, which for them means a Hindu figure. Seeing this Deepak intervened. As he was confronting the Bajrang Dal attackers the police was a mute spectator and police filed FIRs against Deepak Kumar and his friend. In another FIR against the Bajrang Dal activists the FIR is against unknown persons.

Details of Deepak Kumar’s stand and the backlash he faced may be read here.

So much hope was generated after this incident. The hope that humanism is not totally wiped in the flood of hate created by the followers of Hindu nationalism. Deepak is a living example of the thick Hindu Muslim relations which prevailed here but have become an exception by now. This exception shows the prevalence of earlier amity. Indian Currents reported, Deepak Kumar’s act of Humanism is worth 100 salutes. Rahul Gandhi, the leader of opposition, complimented Deepak Kumar and stated, “”Deepak is fighting for the Constitution and humanity—for that Constitution which the BJP and the Sangh Parivar conspire every day to trample underfoot. He is a living symbol of a shop of love in the marketplace of hate, and that is what stings those in power the most. The Sangh Parivar is deliberately poisoning the country’s economy and society so that India remains divided and a few continue to rule on the crutches of fear.” Reported the Hindustan Times.

Deepak Kumar himself had a very sweet answer as to why he called himself Mohammad. It was an act of solidarity and he said, ““Saraswati was sitting on my tongue, and that’s why, at that moment, the name ‘Mohammad Deepak’ came out of my mouth. I thought they would understand that I am Hindu, and that the situation, which was getting heated, would calm down. But instead, an FIR has now been filed against me.” Reported the Quint.

One only hopes and wishes we see more of people like Deepak Kumar who represent the true idea of India.

(This piece has been edited in part for language and style)

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Himanta Biswa Sarma must resign as Chief Minister of Assam for serial violations of his oath of office: PUCL https://sabrangindia.in/himanta-biswa-sarma-must-resign-as-chief-minister-of-assam-for-serial-violations-of-his-oath-of-office-pucl/ Thu, 12 Feb 2026 11:50:06 +0000 https://sabrangindia.in/?p=45872 The constitutional oath of office enjoins a chief minister to govern without ‘fear or favour, affection or ill-will’

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The People’s Union for Civil Liberties (PUCL) has strongly condemned the recent statements made by the Chief Minister of Assam promoting divisive rhetoric against minorities which brazenly undermines the rule of law and violates his constitutional oath of office to protect all citizens without fear or favour. The human rights body has stated in a statement issued yesterday that it is deeply alarming that a constitutionally elected Chief Minister is inciting hostility against Muslims and Christian minorities thereby violating the constitutional goal of upholding equality and secularism.

The statement recorded that, PUCL was constrained to point out that Himanta Biswa Sarma has a notorious track record of making hateful statements about religious minorities, from Christians to Muslims as well as statements which reinforces the legitimacy of caste hierarchy and order. The rhetoric of the Chief Minister has often gratuitously and pejoratively invoked the term “jihad” in connection with various issues involving the Muslim community.

In November 2025, the Citizens for Justice & Peace had complained to the Election Commission of India, under the Representation of People’s Act, on Himanta Biswa Sarma’s speech filled with hate delivered during the Bihar state assembly elections. Details may be read here. Another complaint to the National Commission for Minorities may be read here.

“In August 2024, Sarma recklessly accused the University of Science and Technology, Meghalaya, a Muslim-run institution, of engaging in “flood jihad”, blaming it for the outbreak of floods in Guwahati. He has also made the ridiculous claim that the university has a Mecca-like structure, and therefore it is a symbol of “jihad”. Similarly, Sarma also made the unfounded allegation that Bengali Muslim farmers were practising “land and fertiliser jihad” by using high amounts of fertilisers on their crops.

Moreover, the human right platform links this spiral in hate speech in the north-eastern state with the 2026 Vidhan Sabha elections. “As Assam prepares for its next state general election in 2026, Sarma has intensified his targeting of Bengali Muslims. Sarma said that between ‘four to five lakh Miya voters’ would be removed from the electoral rolls during the Special Intensive Revision (SIR) process in the state. He also emphasised that “Himanta Biswa Sarma and the BJP are directly against Miyas” and urged people to “trouble” Miyas saying, “only if they face troubles will they leave Assam”.

Besides, says the PUCL statement, “He (Sarma) has made no bones of not only discriminating against Bengali speaking Assamese Muslims but has also illegally incited others to discriminate against them. On January 28, 2025, he said that, ‘Whoever can give trouble in any way should give, including you. In a rickshaw, if the fare is Rs 5, give them Rs 4. Only if they face troubles will they leave Assam… These are not issues. Himanta Biswas Sarma and the BJP are directly against Miyas. What is the point of telling us that these are issues? We are saying it openly; we are not hiding it. Earlier, people were scared; now I myself am encouraging people to keep giving troubles”.’”

The Chief Minister has moved from speech which demeans, degrades and humiliates to speech which incites civil society to demean, degrade and humiliate Bengali speaking Muslims. With none of this hate speech facing any significant pushback, the Chief Minister has been emboldened to further extend the boundaries of his hateful and unconstitutional rhetoric.

Background 

On February 8, 2026,  a video which has come to be referred to as the `Point-blank video’ purportedly showed Assam Chief Minister Himanta Biswa Sarma aiming a rifle and firing a shot at two individuals — one wearing a skullcap and the other sporting a beard that looked like a Muslim man. The wall the photo was hung on bore the words “No mercy” – with the caption “point-blank shot”. Though the outrage which greeted this video resulted in the video being removed from social media page of the BJP Assam unit, the damage had been done. For the video reinforced the CMs constant diatribe against Bengali Muslims as intruders who have stolen the jobs of Assamese thereby inflaming passions with the potential to result in major violence against Muslims and other minorities.

The only conclusion one can draw is that the incitement to murder was a bridge too far as far as what was acceptable from the Chief Minister and he was forced to take down the video.

However, the fact that the video was deleted cannot be allowed to obscure the history of Sarma’s repeated violations of his constitutional oath as Chief Minister to ‘faithfully and conscientiously discharge’ his ‘duties as a Minister for the State’ and to ‘do right to all manner of people in accordance with the Constitution and the law without fear or favour, affection or ill-will.’

The PUCL has also strongly condemned the language of the Assam Chief Minister as a complete repudiation of his oath of office. The Chief Minister has used language which demeans and degrades Assam’s Muslims, incites discrimination against them and goes so far as to incite the murder of Muslims. None of this language is sanctioned by the Constitution. The Chief Minister has violated his oath not to discriminate on grounds of religion and not to incite violence against members of a community. Far from promoting fraternity, which is the most basic constitutional obligation of a head of state, he has gone out of his way to promote divisiveness, hatred and violence in Assam.

“The Chief Minister has thus been a serial violator of the most basic norms which govern a constitutional democracy as well as the constitutional responsibility of a head of state.  His language has made it amply clear that he does not seek to govern on behalf of the Muslim communities of Assam. As such he has unequivocally and expressly repudiated his constitutional oath to govern without ‘fear or favour, affection or ill-will.’ In particular the Chief Minister has made it clear that he governs with an animus which targets the Muslim community. The Chief Minister has thus proved himself constitutionally incapable of abiding by the mandate of the Constitution that all person are equal before the law.

“The PUCL calls for the Chief Minister to resign as he has repeatedly violated his oath of office to govern without ‘fear or favour, affection or ill-will.’ The PUCL also calls on the Prime Minister to take action against the Chief Minister under Article 355 to ensure that Assam is governed in ‘accordance with the provisions of the Constitution.’”

The statement has been issued by the Kavita Srivastava, president of the PUCL and Dr V Suresh, General Secretary.

Citizens for Justice and Peace,  had in this creatively analysed this new political playbook of parties like the Bharatiya Janata Party (BJP) who use a full-fledged, cynical and multi-layered hate assault –(mis) using fringe groups to star campaigners—to systemically dish out hatred, at peace time but especially during an increasingly weaponised election cycle. The article may be read here.

Related:

Law as Resistance: A year of CJP’s interventions against a rising tide of hate

Hate Watch 2025 | Tracking Hate, Defending Democracy | CJP

Poster-boy of ‘Hindutva’, Assam CM targets, Himanto Biswas Sarma threatens ex-US President with Islamophobic Slur: ‘Hussain Obama’

Hate Watch: Himanta Biswas Sarma on ‘Love Jihad’ during the Gujarat poll campaign

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Turning the Constitution into Action: CJP’s year against a rising tide of hate https://sabrangindia.in/turning-the-constitution-into-action-cjps-year-against-a-rising-tide-of-hate/ Wed, 11 Feb 2026 05:09:29 +0000 https://sabrangindia.in/?p=45858 CJP turned constitutional ideals into action—defending dignity, curbing organised hate, and pressing for institutional neutrality

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The year 2025 was marked by a sustained rise in hate speech, religious targeting, and organised campaigns of hostility across multiple regions, in response, Citizens for Justice and Peace (CJP) consistently engaged constitutional commissions and police authorities, seeking accountability, timely preventive measures, and strict adherence to the rule of law. This report documents a year of persistent advocacy, tracing CJP’s interventions from early-stage preventive warnings to end-of-year demands for corrective and disciplinary action in cases of evident institutional bias.

The 2025 Intervention Tracker:

  • NCSC: 2 Complaints
  • NCM: 6 Complaints
  • NHRC: 2 urgent memorandums
  • Police/Administration: 6 Complaints
  • Preventive Actions: 2 pre-emptive Complaints
  1.  National Commission for Scheduled Castes (NCSC): Battling caste-based atrocities

In early January 2025 (January 8), CJP approached the NCSC to highlight a troubling spike in atrocities against Dalit communities across Andhra Pradesh, Chhattisgarh, Karnataka, Madhya Pradesh, Tamil Nadu, and Uttar Pradesh. These complaints, detailing incidents from late 2024, emphasised that such violence is rooted in a deeply ingrained discriminatory mind-set. CJP’s intervention sought to move the Commission beyond mere observation toward active enforcement of the SC/ST (Prevention of Atrocities) Act, 1989.

CJP is dedicated to finding and bringing to light instances of Hate Speech, so that the bigots propagating these venomous ideas can be unmasked and brought to justice. To learn more about our campaign against hate speech, please become a member. To support our initiatives, please donate now!

“Dignity for All”: a national mapping of 30 critical atrocities across 9 states

On June 24, CJP further filed a major formal complaint documenting 30 distinct incidents of violence across nine states, ranging from horrific sexual assaults on minors to the murder of a 10-year-old boy in Etah (Uttar Pradesh). Invoking Article 338 (5) of the Constitution, CJP sought an urgent probe into these crimes, which included social boycotts and the denial of cremation rights.

Widespread crimes against SCs violating the PoA Act and Civil Rights

CJP Stated in its complaint that, these incidents directly contravene the spirit and letter of the Protection of Civil Rights Act, 1955, and more critically, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST PoA Act), which specifically aims to prevent atrocities against Scheduled Castes and to provide for special courts for the trial of such offenses and for relief and rehabilitation of the victims. The recurring nature of these incidents, especially the multiple instances of sexual violence and physical attacks, reveals a severe lapse in the implementation and enforcement of these crucial legislations.

Targeted crimes against SCs, a pattern of abuse

Through this complaint, CJP highlights that systemic, widespread incidents of caste-driven oppression that are prevalent countrywide, across states governed by different political dispensations pointing to a deep-rooted societal malaise that has not only acquired a frightening level of ‘normalised violence and oppression’ but also is ‘allowed because of structured levels of immunity’.

CJP also stated in its complaint that as per the NCRB report, there are a total of 70,818 cases of atrocities against SCs and 12,159 against STs that remained pending for investigation at the end of the year 2021. A total of 2,63,512 cases of SCs and 42,512 cases of STs were placed for trial in the courts. At the end of the year, more than 96 percent of the total cases were still pending for trial. Though the charge-sheeting percentage was more than 80%, but the conviction rate remained below 40%.

Why did CJP intervene?

CJP stepped in because these atrocities were no longer isolated crimes but had become the “new normal” of daily humiliation and violence revealing spiralling trends. When local police failed to register FIRs or provided “structured immunity” to dominant-caste perpetrators, it became clear that only a high-level constitutional push could break the deadlock. CJP’s intervention was necessary to force the NCSC to address the systemic collapse of the PoA Act and protect the basic human dignity of the marginalised communities.

  1.  National Human Rights Commission (NHRC): CJP’s Memorandum 

On May 31, 2025, CJP submitted a memorandum to the National Human Rights Commission (NHRC) regarding a major human rights crisis in Assam. In memorandum CJP reported that between May 23 and May 31, the Assam Border Police conducted secretive night raids across 33 districts, detaining at least 300 individuals, primarily Bengali-speaking Muslims, without warrants or legal paperwork. While some were eventually released, approximately 145 people remained untraceable, leading to fears of illegal “pushbacks” across the Indo-Bangladesh border.

The memorandum highlighted that many detainees were already involved in ongoing legal cases or had lived in India for generations. CJP argued that these actions bypassed the rule of law and violated constitutional rights under Articles 21 and 22. CJP has asked the NHRC to demand a full report from the government, set up a fact-finding committee, and ensure the immediate safety and return of those unlawfully detained or expelled.

On June 4, 2025, CJP submitted a supplementary memorandum to the NHRC providing harrowing first-person testimonies of illegal night detentions and forced expulsions in Assam. This submission followed the initial May 31 memo and documented a systematic campaign where the Assam Border Police allegedly bypassed all judicial sanctions to deport Bengali-speaking Muslims, including the elderly, the chronically ill, and individuals protected by court stay orders.

The memorandum included testimonies from survivors like Hajera Khatun and Sona Bhanu, who described being blindfolded, fingerprinted without consent, and abandoned in “no-man’s land” swamps under the cover of darkness. Families reported finding their missing loved ones only through viral social media videos filmed in Bangladesh. Notably, CJP revealed that individuals previously released from detention centres through legal efforts—such as Doyjan Bibi and Abdul Sheikh—were re-detained and forcibly removed despite complying with all bail conditions. CJP has urged the NHRC to launch an independent inquiry, summon top officials, and ensure the safe return of all those subjected to these extra-legal deportations.

Rationale of CJP’s Intervention

This crisis demanded CJP’s intervention because the state was operating entirely outside the law, conducting what looked more like abductions than legal detentions. By disappearing people in the dead of night and “pushing” them across borders, the administration bypassed the entire judicial system, including the Supreme Court’s own stay orders. CJP acted to stop this “stealth purge” and ensure that no person is rendered stateless through secretive, extra-legal executive actions.

III. National Commission for Minorities (NCM: Stemming Organised Hate

Throughout 2025, CJP acted as a constitutional vanguard, filing six major complaints with the National Commission for Minorities (NCM).

  • “Dharma Sansads” and 2. “Trishul Deekshas”

The beginning of the year 2025 was marred by high-decibel events like “Dharma Sansads” and “Trishul Deekshas” in regions like Delhi, Rajasthan, and Himachal Pradesh. These gatherings were marked by explicit calls for economic boycotts and physical violence against Muslims and Christians. CJP’s complaints to the NCM detailed how speakers propagated baseless conspiracies such as “love jihad” and “land jihad” and these events created an atmosphere of deep fear and uncertainty. Consequently, we urged the Commission to hold those responsible accountable by ensuring FIRs are filed under the new Bharatiya Nyaya Sanhita (BNS) 2023

  • Complaint over hate speech at Trishul Deeksha events

On January 29, CJP had filed a formal complaint with the NCM, raising alarm over a series of Trishul Deeksha events held in December 2024 across Punjab, Delhi, Himachal Pradesh, and Rajasthan. Organised by far-right groups such as the Vishwa Hindu Parishad (VHP), Bajrang Dal, and Antarrashtriya Hindu Parishad (AHP), these gatherings featured openly inflammatory rhetoric, hate speech, and mobilisation against minority communities, particularly Muslims and Christians.

  • Complaint against hate speeches at ‘Dharma Sansad’ events

On January 22, CJP filed a complaint with the NCM regarding a series of hate speeches delivered at ‘Dharma Sansad’ events on December 20, 2024, led by Yati Narsinghanand and other right-wing figures. Despite being denied permission to hold the event in Haridwar, the gathering proceeded at another location, where inflammatory and violent rhetoric was once again espoused, targeting Muslims and calling for a Hindu-only nation. The speeches at the event included derogatory language and explicit calls for physical violence against Muslims, promoting a vision of a society devoid of religious diversity.

  • The Hindu Sanatan Ekta Padyatra: a ten-day mapping of fear

On December 2, 2025, Citizens for Justice and Peace (CJP) submitted an exhaustive complaint to the National Commission for Minorities (NCM) regarding the Hindu Sanatan Ekta Padyatra, a massive 10-day mobilisation led by Dhirendra Krishna Shastri. Traversing 422 village panchayats across Delhi, Haryana, Uttar Pradesh, and Madhya Pradesh, the march was documented by CJP as a systematic campaign of “othering” that weaponised religious identity. CJP’s detailed mapping of speeches Categorised the rhetoric into direct hate speech and high-intensity fearmongering, notably demographic conspiracy theories claiming Hindus were on the “brink of becoming minorities.”

The yatra featured exclusionary slogans such as “Jo Ram ka nahi wo kisi kaam ka nahi” and explicit calls for the economic boycott of Muslims and Christians. CJP highlighted how speakers used their spiritual authority to normalise “bulldozer justice” and incite historical resentment, such as invoking the Babri Masjid demolition to demand the reclamation of other religious sites. Warning that such organised campaigns, involving an estimated 3,00,000 participants, could trigger real-world violence, CJP urged the NCM to launch a fact-finding mission. Crucially, the organisation prayed for the appointment of nodal officers as per the Tehseen Poonawalla guidelines to protect vulnerable communities from the volatile atmosphere generated by the padyatra’s rhetoric.

  1. Targeting Bengali-origin Muslims

In late September (September 30, 2025), submitted a comprehensive complaint to the National Commission for Minorities (NCM), highlighting what it described as an “alarming and coordinated escalation of hate speech” across India. The complaint documents how Bengali-origin Muslims, many of whom are lawful Indian citizens, are being systematically vilified as “Bangladeshis” and “ghuspaithiye” (infiltrators) in election rallies, public protests, and online campaigns. CJP’s submission to the NCM Chairperson requested a full inquiry and preventive directions to curb vigilante activity, emphasising that such rhetoric directly contravenes Supreme Court directions on hate crimes.

  • CJP’s key demands to the NCM

The complaint called upon the Commission to:

  • Take legal cognisance under the NCM Act and initiate an inquiry.
  • Direct registration of FIRs against individuals and organisations spreading hate.
  • Curb vigilante activity by outfits like Bir Lachit Sen and All Tai Ahom Students’ Union.
  • Ensure police compliance with Supreme Court orders on suo motu action.
  • Enforce preventive measures, such as videographing rallies and banning repeat hate offenders.
  • Urge social media platforms to remove hateful content.
  • Launch a fact-finding mission on the profiling, harassment, and eviction of Bengali-origin Muslims nationwide.
  • CJP’s key intervention in systemic targeted harassment and hate-motivated violence against Christians in Rajasthan (September, 2025)

On October 8, 2025, CJP filed a formal complaint with the National Commission for Minorities (NCM) regarding a surge in targeted harassment and hate-motivated attacks against the Christian community in Rajasthan throughout September 2025. The complaint highlights a series of disturbing incidents following the introduction of the Rajasthan Prohibition of Unlawful Conversion of Religion Bill, 2025. Key flashpoints included a police raid on a children’s hostel in Alwar on September 3, the coercive interrogation of believers in Kotputli-Behror on September 9, and the forceful closure of St. Paul’s Hostel School in Dungarpur on September 11. Most notably, on September 21 in Jaipur, a mob of 40–50 activists assaulted a private prayer meeting, injuring eight people.

CJP urged the Commission to take immediate cognizance of these events, which they describe as a “coordinated campaign” involving vigilante violence and administrative bias. CJP requested a time-bound investigation into police misconduct and the registration of FIRs under BNS Sections 196 and 299. They further called for the implementation of Supreme Court guidelines from the Tehseen Poonawalla case to ensure accountability and the protection of constitutional rights under Articles 14, 21, and 25.

Action Taken by NCM: Following the formal complaint lodged by CJP, the National Commission for Minorities (NCM) initiated official proceedings on October 14, 2025, by issuing a directive to the Chief Secretary of the Government of Rajasthan. In its formal communication, the Commission stated that “The complainant should be apprised of the action taken in the matter and the Commission should also be informed.”

  • The rise of extra-legal vigilantism and “Identity Policing”

On December 18, 2025, CJP formally approached the National Commission for Minorities (NCM) to report a surge in vigilante violence and state-led targeted evictions. The comprehensive complaint documents a disturbing pattern of incidents occurring between September and November 2025, primarily targeting Muslim and Christian communities across multiple states. CJP highlighted five critical areas of concern as physical vigilantism involving cow protection and moral policing; economic intimidation through informal boycotts of minority-owned businesses; disruption of Christian prayer meetings under the guise of preventing conversions; coercive identity policing; and large-scale demolitions that disproportionately affect vulnerable populations without adequate rehabilitation.

The central theme of the CJP’s complaint is the emergence of “self-appointed enforcers” who act with a perceived sense of impunity. CJP argued before the NCM that these are not isolated events but a recurring pattern that erodes constitutional guarantees of equality and religious freedom. The organisation expressed grave concern over selective law enforcement, noting that police often act upon vigilante complaints while ignoring the initial unlawful acts of the perpetrators. CJP has urged the NCM to demand action-taken reports from state governments, ensure the impartial application of criminal law, and safeguard the livelihoods and dignity of minority groups against normalisation of such violence.

Action Taken by NCM: On January 23, 2026, the National Commission for Minorities (NCM) has officially taken cognizance of the representation submitted by CJP on December 18, and has registered the case. Acting on complaint, the Commission formally forwarded a copy of the complete representation to the Home Secretary, Ministry of Home Affairs, North Block, New Delhi, for urgent consideration and appropriate intervention.

III. Police Authorities: Demanding Neutrality & Accountability

In 2025, CJP filed 5 major collective complaints with police and administration, across several states, to demand accountability, immediate preventive action, and a strict adherence to the rule of law.

“In the line of Crossfire”: when CJP demanded authorities to Act

Throughout February and March, CJP filed multiple state-wide complaints against BJP MLA and Minister Nitesh Rane for inflammatory speeches delivered in Pune, Sindhudurg, and Ratnagiri. CJP contended that as an elected representative in a position of significant influence, Rane bore a heightened legal and ethical responsibility to maintain communal harmony. Invoking the Supreme Court’s landmark Amish Devgan judgment, which distinguishes between free speech and harmful incitement, the organisation filed a series of formal complaints to demand that law enforcement act decisively against rhetoric that threatened the state’s social fabric.

  1.  Nanijdham, Ratnagiri – On March 28, 2025, CJP approached the Superintendent of Police and the District Magistrate of Ratnagiri regarding a speech delivered by Rane during a public felicitation. The complaint documented how Rane propagated baseless conspiracy theories like “love jihad” and “land jihad,” utilising Islamophobic slurs and specifically targeting religious sites such as Mazars and Dargahs. CJP argued that this inflammatory language was a direct attempt to stir fear and mistrust toward the Muslim community, citing the Amish Devgan standard that such speech serves no legitimate purpose other than to sow division and provoke social discord.
  2.  Wagholi, Pune – On March 18, 2025, CJP approached the Additional Director General (Law & Order) and the Pune Police regarding a contentious speech delivered at a temple in Wagholi. In this instance, Rane openly advocated for housing discrimination, urging Hindus to rent properties exclusively to fellow Hindus and warning that renting to even one “Aslam” would lead to a demographic takeover. CJP asserted that this rhetoric incited segregation and violated Articles 14 and 15 of the Constitution. Furthermore, Rane’s fabrication of a coordinated plot to turn India into an Islamic nation by 2047 was flagged as a dangerous exploitation of public anxiety designed to dehumanise an entire community.
  3.  Sindhudurg District – On March 7, 2025, CJP filed a joint complaint with the SP and Collector of Sindhudurg addressing speeches delivered in Kundal and Sawantwadi. These events, organised by right-wing outfits, featured Rane warning locals about “Islamisation” and issuing explicit threats. In Sawantwadi, Rane reportedly told the audience to contact him directly to “settle” matters if anyone “kept an evil eye” on his religion, pointedly remarking that he would ensure such individuals would not return to their place of worship on Fridays. CJP highlighted this as a clear incitement to communal violence and a violation of Supreme Court mandates that require police to take suo moto action against hate speech regardless of the speaker’s political standing.
  4.  Nagpur City –  On April 24, 2025, Citizens for Justice and Peace (CJP) filed a formal complaint with the Additional Director General of Police (Law & Order), Maharashtra, and the Nagpur Police Commissioner regarding a divisive speech delivered by right-wing influencer Kajal Hindustani (Kajal Singhala). The speech, delivered during a public “Shivjanmotsav” event in Nagpur on February 19, 2025, targeted the Christian and Muslim communities through inflammatory narratives and baseless conspiracy theories.

CJP’s submitted that Hindustani’s rhetoric—which characterised conversions as being traded for “a sack of rice” and utilised the “Love Jihad” trope—meets the definition of hate speech as established in the Supreme Court’s Amish Devgan vs. Union of India (2021) 1 SCC 1 ruling. The complaint argues that such statements serve no purpose other than to sow mistrust, demean minority religious practices, and dehumanise marginalised sections.

Partisan conduct by Jagaon Police: CJP’s intervention

CJP intervened in October 2025 following a distressing breach of professional conduct by the police in Jalgaon. CJP filed a comprehensive complaint with the Director General of Police (DGP) of Maharashtra and the Superintendent of Police in Jalgaon, calling for immediate disciplinary action against officials from the Jamner Police Station. This demand for accountability arose after police personnel were observed publicly participating in a communal procession organised by Shiv Pratisthan Hindustan—the very organisation whose members are accused in the brutal August 2025 lynching of 20-year-old Suleman Pathan.

The complaint, which was also marked to the Maharashtra Home Department and the National Human Rights Commission, contends that such conduct is a blatant violation of the police oath of office and the Maharashtra Police Conduct Rules. CJP argued that the participation of investigating officers in a rally organised by a far right group linked to the accused is not just an ethical failure, but a total collapse of the constitutional principle of neutrality. Such actions severely compromise the integrity of criminal investigations and shatter the public’s—particularly the victim’s family’s—faith in the fairness of the legal process.

In its pursuit of justice for the Pathan family, CJP has demanded the immediate suspension of the concerned officers and the transfer of the Suleman Pathan investigation to an independent agency. Furthermore, the organisation has pressed for a state-wide directive to reaffirm the necessity of police impartiality in all communal and hate-crime cases.

Curbing market vigilantism: the Malabar Hill incident

In late November (November 25, 2025), CJP moved against a former political leader who conducted unauthorised “Aadhaar checks” of Muslim vendors at Mumbai’s Malabar Hill. CJP identified this as an unlawful assumption of policing functions and religious profiling intended to disrupt the livelihoods of minority communities. By demanding identity documents and instructing Hindu vendors to display saffron flags, these actors attempted to enforce a system of visible segregation. CJP’s complaint urged the police to protect the vendors’ right to trade and to register FIRs against the vigilante actors.

Action Taken by NCM: Pursuant to the CJP’s complaint submitted on November 25, 2025 against Raj Saraf, the National Commission for Minorities (NCM) has taken cognisance of the matter and forwarded the complaint to the concerned authorities for appropriate inquiry and action. The complaint was received from the office of the National Commission for Minorities, Malabar Hill, Thane, and was thereafter transmitted to V. P. Marg Police Station for further investigation. The police authorities have acknowledged receipt of the complaint and have initiated the process of inquiry in accordance with law.

  1.  Preventive Action against Hate-filled Gatherings

CJP’s proactive stand against the proposed communal mobilisation in Pune and Goa

In January, CJP proactively filed two complaints with the Pune and Goa Police to halt “Hindu Rashtra Jagruti” events. Highlighting the track record of the organising outfits in promoting Islamophobia and economic boycotts, CJP urged authorities to invoke Sections 130 and 132 of the BNSS, 2023 to prevent cognisable offences. CJP emphasised in its complaints that allowing such gatherings would violate fundamental rights and contravene Indian criminal law, particularly by inciting communal tensions in otherwise peaceful regions.

  • When CJP asks Pune Police to halt right-wing’s ‘Hindu Rashtra Jagruti Andolan’ event

On January 4, 2025, CJP filed a formal complaint with the Pune Police seeking immediate preventive action against the “Hindu Rashtra Jagruti Andolan” scheduled for the following day. Organised by the Hindu Janajagruti Samiti (HJS), the event raised alarms due to the group’s history of inflammatory rhetoric regarding “Love Jihad,” economic boycotts, and religious conversions. CJP argued that such gatherings stoke communal tensions and violate constitutional rights, citing a Mumbai precedent where a similar rally was denied permission to preserve social harmony.

  • CJP seeks preventive action against HJS’s Goa event

On January 22, 2025, CJP further filed a formal complaint with the Goa Police, seeking immediate preventive action against the “Hindu Rashtra Jagruti Sabha” event scheduled for January 25 in Sanguem. Forwarded to the Inspector General and Superintendent of Police, the complaint highlighted the potential threat posed by the organiser, Hindu Janajagruti Samiti (HJS), a group with a documented history of hate speech and divisive rhetoric. CJP raised a sharp alarm, noting that the HJS frequently propagates baseless conspiracies like “Love Jihad” and calls for economic boycotts against minorities, which could ignite communal tensions in a diverse region.

Rebuilding faith in the Rule of Law

CJP’s 2025 interventions were not just about reporting crimes; they were about providing a blueprint for administrative action. Through the distribution of our handbook, “Towards a Hate-Free Nation,” CJP equipped police and district administrations with the latest jurisprudence from the Supreme Court. We maintain that combating hate is a collective responsibility, and our relentless intervention with the NCM, NCSC, NHRC & other constitutional bodies/authorities and state police/administration remains the frontier of this effort to reclaim the secular and democratic fabric of India.

Related

Fighting Hate in 2024: How CJP Held Power to Account

2024: CJP’s battle against communal rallies before and after they unfold

Holding power to account: CJP’s efforts to combat hate and polarisation

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Supreme Court asked to intervene as petitions flag “normalisation of hate” in Assam CM’s public speeches https://sabrangindia.in/supreme-court-asked-to-intervene-as-petitions-flag-normalisation-of-hate-in-assam-cms-public-speeches/ Tue, 10 Feb 2026 11:46:36 +0000 https://sabrangindia.in/?p=45854 CPIM, Annie Raja, former civil servants and clerics seek FIRs, an independent SIT and binding guidelines on speech by constitutional functionaries, alleging sustained communal targeting and abuse of executive authority

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The Supreme Court is now seized of a cluster of petitions that collectively raise one of the most consequential constitutional questions of recent years: what limits, if any, does the Constitution place on the public speech of those who wield State power?

At the centre of this legal moment is Assam Chief Minister Himanta Biswa Sarma, whose public utterances over the last five years—now exhaustively catalogued before the Court—are alleged to represent not isolated political rhetoric but a sustained pattern of communal vilification, exclusionary exhortation, and legitimisation of social and economic discrimination against Muslims, particularly Bengali-origin Muslims in Assam.

The petitions—filed by the Communist Party of India (Marxist), CPI leader Annie Raja, a group of twelve citizens comprising former IAS, IFS officers, diplomats, academics and civil society actors, and Islamic clerics’ body Jamiat Ulema-i-Hind—seek criminal accountability, independent investigation, and for the first time, judicially enforceable standards governing the speech of constitutional functionaries.

“Point Blank Shot”, “No Mercy”: The video that triggered urgency

The immediate trigger for the CPIM and Annie Raja petitions is a video uploaded on February 7, 2026, from the official X (formerly Twitter) handle of BJP Assam.

The video depicts Chief Minister Sarma firing a gun at animated images of two men shown within a crosshair, portrayed as Muslims. As the gun discharges, the figures are struck repeatedly. The visuals are overlaid with phrases such as “Point blank shot” and “No mercy”, culminating in slogans that read:

  • “Foreigner-free Assam”
  • “Community, land, roots first”
  • “Why did you go to Pakistan”
  • “No forgiveness for Bangladeshis”

The video ends with a stylised, cowboy-like portrait of the Chief Minister himself.

Although the video was deleted following widespread outrage, the petition stresses that it continues to circulate widely, amplified by unofficial accounts and political messaging networks. The petition describes it as the most explicit and violent crystallisation of an already entrenched political narrative, one that frames an entire community as legitimate targets of exclusion and hostility.

Urgent mentioning before the Supreme Court

Senior Advocate Nizam Pasha mentioned the CPIM and Annie Raja petitions before Chief Justice of India Surya Kant, seeking urgent listing.

We seek urgent intervention of this Court with respect to disturbing speeches made by the sitting Chief Minister of Assam. Complaints have been filed, but no FIRs have been registered,” Pasha submitted, as per LiveLaw, specifically referring to the February 7 video and earlier speeches.

The Chief Justice remarked that electoral seasons increasingly see political disputes entering constitutional courts, observing that “part of the elections is fought inside the Supreme Court.” However, the Court indicated that it would examine the matter and grant a date.

Details of the petition filed by the CPIM

  1. Not an Isolated Video: A five-year pattern of exclusionary speech

Crucially, the petitions insist that the February 7 video cannot be viewed in isolation.

The CPIM petition places before the Court a detailed chronology stretching from 2021 to February 2026, documenting a steady escalation in the Chief Minister’s public rhetoric. These include statements that allegedly:

  • Conflate illegal immigration with Muslim identity
  • Repeatedly deploy the slur “Miya” to refer to Bengali-speaking Muslims
  • Call for denial of land, employment, transport, and livelihoods
  • Advocate social and economic boycott framed as “civil disobedience”
  • Encourage harassment through electoral roll objections
  • Suggest removal of voting rights for members of a religious community

One of the most striking passages cited urges citizens to create conditions in which Muslims “cannot stay in Assam” by denying them rickshaws, shops, vehicles and land. Another openly exhorts supporters to short-pay rickshaw pullers belonging to the targeted community so that they are compelled to leave.

The petition argues that when such statements emanate from the head of the elected executive, they do not remain rhetorical—they acquire coercive force, shaping behaviour on the ground.

  1. From Speech to Social Harm: “Acting on the CM’s directions”

What distinguishes these petitions from earlier hate speech challenges is the emphasis on documented social consequences.

The CPIM petition cites reports of daily-wage workers being harassed, rickshaw pullers being deliberately underpaid, and individuals being confronted and asked to vacate neighbourhoods for being “Bangladeshi Muslims.” In several instances, videos circulating online allegedly show perpetrators explicitly stating that they are acting in accordance with the Chief Minister’s directions.

The petition warns that this marks a dangerous constitutional threshold: the translation of executive rhetoric into informal, decentralised enforcement by citizens, blurring the line between State authority and vigilante conduct.

  1. Immigration, NRC and the charge of deliberate conflation

A central legal argument advanced is that the Chief Minister’s rhetoric deliberately collapses the distinction between illegal immigration and Muslim identity.

The CPIM petitions point out that immigration is religion-neutral under Indian law, and that NRC data demonstrates that a majority of those excluded were non-Muslims. The selective focus on Muslims, therefore, is argued to expose the communal intent underlying the speeches.

What is framed publicly as demographic anxiety or border security, the petition contends, operates in effect as religious profiling and collective punishment, incompatible with Articles 14, 15 and 21.

  1. Constitutional oath and misfeasance in public office

The CPIM petition anchors its challenge in the constitutional oath taken by ministers to uphold sovereignty, integrity, fraternity and equality.

Relying on decisions such as Manoj Narula v Union of India, State of Maharashtra v SS Chavan and Daulatmal Jain, the petition argues that repeated, deliberate use of State authority to stigmatise and exclude a community constitutes misfeasance in public office and a breach of constitutional trust.

The petition further invokes the Supreme Court’s continuing mandamus in the hate speech batch (Qurban Ali, Shaheen Abdulla), which mandates suo motu registration of FIRs in cases attracting Sections 153A, 153B, 295A and 505 IPC (now reflected in the Bharatiya Nyaya Sanhita). The complete absence of FIRs, despite repeated complaints, is characterised as systemic executive impunity.

  1. Reliefs Sought: FIRs, SIT, transfer of investigation

Given that the alleged offender is a sitting Chief Minister, the petition seeks:

  • Mandatory registration of FIRs under the BNS
  • Constitution of an independent Special Investigation Team
  • Transfer of all related investigations to an independent authority

The petition argues that State and Central agencies cannot reasonably be expected to act independently when the subject of investigation occupies the apex of political power.

Other petitions filed

  1. A Parallel Constitutional Question: Who regulates the speech of the powerful?

Running alongside the CPIM petition is a broader writ petition filed by twelve citizens—former civil servants, diplomats, academics and public intellectuals—which raises a distinct but connected constitutional concern: the complete absence of standards governing the public speech of constitutional authorities.

As per LiveLaw, this petition highlights not only the Assam CM’s remarks on “Miya Muslims,” “flood jihad,” “love jihad,” and voter removal, but also similar patterns across states and offices—references to “land jihad,” “infiltrators,” “anti-nationals,” and exhortations to “avenge history.”

The petition argues that while individual statements may fall short of statutory hate speech thresholds, their cumulative effect corrodes constitutional morality, erodes fraternity, and legitimises discriminatory governance.

Drawing on Navtej Singh Johar, Joseph Shine, and Government of NCT of Delhi, the petition contends that constitutional morality must operate as a restraint on those who exercise public power.

“Holders of public office are not ordinary speakers,” the petition emphasises. Their words carry the imprimatur of the State, shape administrative behaviour, and have a chilling effect on vulnerable communities—even absent explicit incitement.

The petition seeks declaratory relief that official speech must conform to constitutional values, and urges the Court to lay down guidelines that regulate conduct without curtailing free speech. Detailed report may be read here.

  1. Jamiat Ulema-i-Hind: Hate speech, disguised and normalised

Jamiat Ulema-i-Hind has reinforced these concerns by flagging Sarma’s January 27 statement that four to five lakh “Miya voters” would be removed during electoral roll revision.

According to the report of LiveLaw, the clerics’ body argues that many such utterances function as disguised hate speech, escaping prosecution due to selective enforcement and unchecked police discretion.

Relying on India Hate Lab data, Jamiat notes a 74% rise in hate speech incidents in 2024, with nearly 98% targeting Muslims, and links this surge to rising hate crimes against minorities.

A Common Grievance: Police inaction and the charge of selective enforcement

Across petitions, a common grievance emerges: law enforcement’s pick-and-choose approach.

While FIRs are swiftly registered against minorities, complaints against powerful public officials remain unattended. This, the petitioners argue, violates Article 14 and hollow out the rule of law.

Invoking Lalita Kumari, Tehseen Poonawalla, Pravasi Bhalai Sangathan and Kaushal Kishore, petitioners urge the Court to exercise its powers under Article 142 to impose binding accountability mechanisms.

A constitutional crossroads

Taken together, these petitions force the Supreme Court to confront a profound constitutional dilemma:

  • Can holders of constitutional office weaponise speech without consequence?
  • Does repetitive exclusionary rhetoric itself constitute unconstitutional governance?
  • Can constitutional morality be judicially enforced against executive speech?
  • When does silence and inaction by institutions become complicity?

With judgment reserved in the broader hate speech matter, the Assam CM petitions may well shape the next doctrinal chapter on hate speech, executive accountability, and the constitutional limits of political power.

 

Related:

When Genocide is provoked from the Stage: Raebareli hate speeches, Bhagalpur dog whistles, and a delayed FIR

The Politics of Processions: How the Sanatan Ekta Padyatra amplified hate speech in plain sight

The Orchestrated Extremism: An analysis of communal hate speech in India’s election cycle (2024–2025)

CJP urges NCM action against hate speech campaign vilifying Bengali Muslims as ‘Infiltrators’

‘Islamophobia dominates Indian hate speech’: Equality Labs report on Facebook India

 

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Suo moto cognisance of repeated hate speech by CM Assam, Himanta Biswa Sarma must: Assam’s public intellectuals to Gauhati HC https://sabrangindia.in/suo-moto-cognisance-of-repeated-hate-speech-by-cm-assam-himanta-biswa-sarma-must-assams-public-intellectuals-to-gauhati-hc/ Fri, 06 Feb 2026 10:15:59 +0000 https://sabrangindia.in/?p=45833 Close to a dozen public intellectuals including Hiren Gohain, Harekrishna Deka, former DGP, Assam and author, Dr. Indrani Dutta, former Director, Omiyo Kumar Das Institute of Social Change and Development, among so many others, have in a letter petition to CJ, Gauhati High Court, Justice Vijay Bishnoi drawn attention of the Court to series of inciteful statements by Himanta Biswa Sarma, Chief Minister and urged suo moto cognisance

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In an open letter dated February 5, close to a dozen public intellectuals including Hiren Gohain, Harekrishna Deka, former DGP, Assam and author, Dr. Indrani Dutta, former Director, Omiyo Kumar Das Institute of Social Change and Development, among so many others, have, in a letter petition to CJ, Gauhati High Court, Justice Vijay Bishnoi drawn attention of the Court to series of inciteful statements by Himanta Biswa Sarma, chief minister and urged suo moto cognisance of offences committed by him.

In the communication, the signatories have stated that these series of public statements made by the Chief Minister of Assam, Shri Himanta Biswa Sarma, on their face, amount to hate speech, executive intimidation, and open vilification of a particular community commonly referred to as the “Miyan” or Bengal origin Muslim community. Over the course of more than 100 years they have become a part of the larger Assamese society by adopting the Assamese language and assimilating with the Assamese culture, says the communication. Besides, the letter states that the statements of the Chief Minister, delivered repeatedly in public forums, go far beyond political rhetoric and enter the prohibited constitutional zone of dehumanisation, collective stigmatisation, and threats of state-sponsored harassment.

In addition, the letter enumerates what they see violations of the Oath of Constitutional Office by the Chief Minister.

The entire letter may be read below:

February 5, 2026

To

The Hon’ble Chief Justice Gauhati High Court

Guwahati, Assam

Subject: Request for Suo Moto Cognisance of Repeated Hate Speech, Executive Interference, and Constitutional Violations by the Chief Minister of Assam

Respected My Lord,

We write this letter with profound faith in the constitutional role of the Hon’ble Gauhati High Court as guardian of the fundamental rights.

It is with deep concem that we draw the attention of this Hon’ble Court to a series of public statements made by the Hon’ble Chief Minister of Assam, Shri Himanta Biswa Sarma, which, on their face, amount to hate speech, executive intimidation, and open vilification of a particular community commonly referred to as the “Miyan” or Bengal origin Muslim community. Over the course of more than 100 years they have become a part of the larger Assamese society by adopting the Assamese language and assimilating with the Assamese culture. The statements of the Chief Minister, delivered repeatedly in public forums, go far beyond political rhetoric and enter the prohibited constitutional zone of dehumanisation, collective stigmatisation, and threats of state-sponsored harassment.

(A) Instigation for physical harm, economic discrimination and social humiliation

In a recent public statement Chief Minister of Assam instigated people to make people from Miyan community suffer, he categorically stated, “Whoever can, in whichever way should make Miyan suffer. If you board a rickshaw, if the fare is 5, pay them #4”. Such a statement, coming from the highest executive authority of the State, constitutes a direct call for physical harm, economic discrimination and social humiliation of the Miyan community, normalising

cruelty and stripping them of their inherent right to live with dignity as guaranteed under the Constitution.

(B) Direction to interfere in the Special Revision (SR) process

Equally alarming are public statements wherein the Hon’ble Chief Minister has stated that he has directed or ordered BJP party workers to file objections during the Special Revision (SR) process, particularly targeting members of the Miyan community, he has also said that the officers should work overtime to make Miyan suffer. This is a grave constitutional impropriety. A constitutionally mandated and quasi-judicial process such as the SR cannot be converted into a partisan or communal exercise at the behest of the Chief Minister. Such statements amount to executive interference, undermine institutional neutrality, and violate the principle of free and fair democratic processes, which form part of the basic structure of the Constitution. But, till now, the Election Commission authorities have not taken cognizance of such illegal interference in the SR exercise by the Assam Chief Minister and BJP workers.

Collectively, these utterances have a chilling effect on the right to life with dignity under Article 21, violate equality before law under Article 14, and erode fraternity, a core constitutional value expressly enshrined in the Preamble. They also strike directly at secularism, which the Hon’ble Supreme Court has consistently held to be part of the basic structure of the Constitution.

Violation of Constitutional Oath

Under Article 164(3) of the Constitution, the Chief Minister swears an oath to bear true faith and allegiance to the Constitution and to discharge duties without fear or favour, affection or ill-will. Publicly singling out a religious community for suffering, economic deprivation, heightened scrutiny, and exclusion is fundamentally incompatible with this oath. Such conduct represents not merely political impropriety but a constitutional breach by a constitutional functionary.

 

Supreme Court Directions on Hate Speech

The brazen hate speech of the Assam Chief Minister is prejudicial to national integration and directly promotes enmity between different groups on grounds of religion. The Hon’ble Supreme Court, in Ashwini Kumar Upadhyay v. Union of India, has categorically directed that where instances of hate speech come to the notice of authorities, the police are duty-bound to register FIRs suo moto, irrespective of the identity or position of the speaker, and that failure to do so would invite contempt of wit Thace dirartinne are hindinn under Artide 141. Where the alleged violator is the

identity or position of the speaker, and that failure to do so would invite contempt of court. These directions are binding under Artide 141. Where the alleged violator is the Chief Minister himself, the ordinary executive machinery becomes structurally compromised, making judicial Intervention indispensable.

The Hon’ble Supreme Court in Vishal Tiwari v. Union of India reiterated that any attempt to spread hate speech must be dealt with iron hand. The Supreme Court observed that, “Hate speech cannot be tolerated as it leads to loss of dignity and self-worth of the targeted group members, contributes to disharmony amongst groups, and erodes tolerance and open-mindedness, which is a must for a multi-cultural society committed to the idea of equality. Any attempt to cause alienation or humiliation of the targeted group is a criminal offence and must be dealt with accordingly.”

Secularism as Basic Structure

The Hon’ble Supreme Court has repeatedly reaffirmed that secularism is a basic feature of the Constitution, notably in S.R. Bommai v. Union of India, Abhiram Singh v. C.D. Commachen, and Aruna Roy v. Union of India. State power cannot be exercised to privilege or prejudice citizens on the basis of religion, nor can governance be infused with communal considerations. The statements and directions referred to above are plainly inconsistent with these binding constitutional principles.

In these extraordinary circumstances, we respectfully submit that this is a fit case for this Hon’ble Court to exercise its suo moto jurisdiction to:

  1. Direct competent authorities to register a case against hate speech, executive interference, and violations of fundamental rights;
  2. Protect the dignity, equality, and security of the affected community;
  3. Reaffirm that constitutional functionaries are bound by their oath and constitutional discipline; and
  4. Uphold public confidence in secular constitutional governance and the rule of law.

The intervention of this Hon’ble Court is crucial not only for the protection of a vulnerable community but also for preserving the constitutional equilibrium between executive power and fundamental rights. Silence or inaction in the face of such open constitutional transgressions risks normalising them and eroding the moral authority of the Constitution itself.

We submit this representation with utmost respect and hope that this Hon’ble Court will consider taking appropriate action in accordance with law.

Yours faithfully,

  1. Dr. Hiren Gohain, Scholar and public intellectual
  2. Harekrishna Deka, former DGP, Assam and author
  3. Thomas Menamparampil, former Archbishop Guwahati
  4. Ajit Kumar Bhuyan, Member of Rajya Sabha
  5. Dr. Dulal Chandra Goswami, Environmental Scientist
  6. D. Salka, retd. IAS
  7. Paresh Malakar, Editor-in-Chief, Northeast Now Duball hoswe upall
  8. Deepak Goswami, former Deputy Director General, NIC
  9. Lakhi Nath Tamuli, retd. IAS
  10. Jayanta Borgohain, retd. Deputy General Manager, IOCL
  11. Dr. Indrani Dutta, former Director, Omiyo Kumar Das Institute of Social Change and Development
  12. Robin Dutta, former Director, Forensic Science Laboratory, Assam
  13. Rashmi Goswami, Social Activist
  14. Najibuddin Ahmed, retd. Adl. Chief Engineer, PHED.
  15. Taufiqur Rahman Borborah

 

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The post Suo moto cognisance of repeated hate speech by CM Assam, Himanta Biswa Sarma must: Assam’s public intellectuals to Gauhati HC appeared first on SabrangIndia.

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