Politics | SabrangIndia https://sabrangindia.in/category/politics/ News Related to Human Rights Thu, 24 Jul 2025 12:48:48 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Politics | SabrangIndia https://sabrangindia.in/category/politics/ 32 32 Bihar’s untraceable electors spiral by 809% in just one day, ECI reports 1 lakh ‘missing’, 15 lakh Bihar voters yet to submit forms https://sabrangindia.in/bihars-untraceable-electors-spiral-by-809-in-just-one-day-eci-reports-1-lakh-missing-15-lakh-bihar-voters-yet-to-submit-forms/ Thu, 24 Jul 2025 12:44:26 +0000 https://sabrangindia.in/?p=42935 Bihar's Special Intensive Revision (SIR) of voter rolls faces intense backlash, while 52 lakh deletions were flagged by July 22 by the controversial ECI, including 11,484 "untraceable" electors, this figure for "untraceable" voters shockingly surged to 1 lakh (an 809% jump) by July 23, with overall deletions hitting 56 lakh—a dramatic increase of 3 lakh in just 24 hours. Leader of the Opposition, RJD leader, Tejaswi Yadav threatens boycott of state polls

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Bihar’s political sphere is currently gripped by a burgeoning controversy surrounding the Special Intensive Revision (SIR) of its electoral rolls, an exercise undertaken by the Election Commission of India (ECI) just months before the upcoming state assembly elections. While the ECI asserts its aim to purify the voter list, the recent release of two provisional figures within a span of 24 hours has elicited concern and accusations of potential disenfranchisement. A particularly striking development is the staggering 809% surge in “untraceable electors” within a mere 24 hours, jumping from 11,484 on July 22 to a jarring 1 lakh by July 23, 2025.

This inexplicable overnight explosion in a critical voter category, coupled with the overall increase in electors’ data marked for deletion from 35 lakh to 56 lakh in the same period (July 14 to July 23, 2025), unless the contrary proved.

A skyrocketing surge in just 24 hours

The initial phase of the SIR, as reported by the ECI on July 14, indicated that out of Bihar’s total 7,89,69,844 electors, enumeration forms from 6,60,67,208 individuals, or 83.66%, had been successfully collected. At that juncture, the ECI had identified specific categories for deletion, 1.59% of electors were found to be deceased, 2.2% had permanently shifted residence, and 0.73% were identified as having multiple entries. This initial accounting suggested that approximately 88.18% of the electorate was either verified or categorised for deletion based on these criteria.

The figures emerging from the SIR are indeed startling, particularly the overnight jump in “untraceable electors.”

However, subsequent data releases unveiled a concerning volatility. On July 22, the ECI reported 11,484 “untraceable electors.” In an astonishing and unexplained leap, this figure surged to a staggering 100,000 by July 23 – an astronomical increase of approximately 809% within a mere 24 hours. This sudden surge in a highly problematic category of voters has become a central point of contention, raising serious questions about the methodologies and consistency of data collection and classification during the SIR.

Furthermore, the overall number of electors marked for deletion also witnessed a significant escalation. On July 22, with voter coverage reportedly at 97.30%, the count of electors flagged for deletion stood at 52 lakh (5.2 million). Yet, by July 23, with coverage marginally increasing to 98.01%, this figure jumped to 56 lakh (5.6 million). This implies that an additional 3 lakh (300,000) voters were identified for deletion in just a single day.

The sheer magnitude and rapid rate of these proposed deletions, particularly in the final stages of the revision, are fuelling a suspicion that the SIR may extend beyond a routine clean-up, potentially impacting the democratic rights of a significant portion of Bihar’s electorate.

The ECI’s justification and the underlying concerns

The Election Commission of India (ECI) is currently undertaking a Special Intensive Revision (SIR) of electoral rolls in Bihar, its first in 22 years, which it defends as crucial for maintaining the “purity of elections.” This exercise aims to remove deceased voters, permanent migrants, and duplicate entries, with ECI data as of July 23 showing 56 lakh electors identified for deletion.

Questions of timing and documentary requirements

However, this SIR has ignited a firestorm of criticism from opposition parties and civil society groups, who allege it’s a politically motivated attempt to disenfranchise marginalised communities. Their concerns are multi-layered, beginning with the highly suspect timing of the SIR just months before the Bihar assembly elections, which critics argue should have been conducted well in advance to avoid any perception of impropriety.

 

Furthermore, the methodology and documentary requirements have drawn fire; despite the ECI’s claim that Aadhaar, voter ID, and ration cards are not mandatory, their limited use for identity verification raises worries for poor and migrant workers who often lack readily available official documentation. This also shifts the burden of proof onto individual citizens, a challenging process for those with limited literacy or resources, issues currently being heard by the Supreme Court.

Opposition may boycott Bihar poll, says Tejashwi Yadav

In a stunning declaration Thursday, July 24, RJD leader, Tejaswi Yadav again alleged the Election Commission is for “working at the behest of BJP and ruling NDA” and might boycott the polls after taking feedback from people and alliance partners. Dramatically, he, the Leader of the Opposition in the Bihar Assembly, Tejashwi Yadav, has indicated that Opposition parties might boycott upcoming State Assembly elections in Bihar after taking feedback from people and our alliance partners, reports The Hindu.

“We will see what people want and what our allies say. If the state polls are conducted in a partial and manipulative manner where it is already decided who would win what number of seats, what is the use of conducting such an election? We may consider boycotting the upcoming state assembly elections in Bihar after taking feedback from people and our (alliance) partners”, Mr Yadav, who is from the Opposition Rashtriya Janata Dal, told a news agency on Wednesday (July 23, 2025).

Earlier in the day on July 23, there was a verbal duel between ruling NDA and Opposition mahagathbandhan (grand alliance) legislators on the third day of monsoon session of the Bihar Assembly over the issue of Special Intensive Revision (SIR) of the electoral roll in the State. Thereafter, while addressing media persons, Mr. Yadav alleged the Election Commission for “working at the behest of BJP and ruling NDA” and claimed that “the possibility of deletion of 50-80 lakh voters from the voter list is alarming”.

“If we have so many deletions from the voters list, it is clear that there would be 3,000-4,000 names of voters who would be struck off from the electoral roll on each booth of the state and this is the conspiracy of the NDA to get favourable results in the poll,” alleged Mr. Yadav.

“If they (NDA) want to win elections through fraudulent means, then what is the point in conducting elections? Chunav mat karwao (don’t hold the elections),” he quipped while speaking to the reporters.

“We’ll consult our (alliance) partners and people before taking a final decision on this (boycotting the poll),” he added.

The Indian National Congress (INC), an ally also came out in support of RJD on the issue. “Yes, we’ll seriously discuss the issue (of boycotting the poll)… we could join any form of protest. If voters are denied their franchise, what remains in a democratic set-up of the country?” asked senior state Congress leader and legislator party leader in the State Assembly, Shakeel Ahmad Khan.

The ruling party (JD-U) leader and party spokesperson Neeraj Kumar, however, slammed Mr. Yadav for the “poll boycott threat”. “His (poll) boycott threat shows sheer desperation and hopelessness. Has he (Mr Yadav) forgotten that the people of the state had limited his party (RJD) to just four seats in the last Lok Sabha elections in 2024?”, said Mr. Kumar.

The Opposition mahagathbandhan (grand alliance) leaders are expected to “take a final call on poll boycott in days to come”, the other leaders of mahagathbandhan told The Hindu over a phone call.

“Possibly, after the ongoing monsoon session of the state legislature, which is scheduled to be concluded tomorrow on July 25,” said one of the senior Left party leaders while seeking anonymity. The three Left Parties — the Communist Party of India (CPI), the Communist Party of India-Marxist (CPM) and the Communist Party of India-Marxists-Leninist (CPI-ML) — are part of the Opposition mahagathbandhan in the State.

The State Assembly elections in Bihar are due in October-November later this year.

Bihar’s SIR: Impractical deadlines and opaque deletions

The remarkably short deadline for form submission, July 25, 2025, is deemed impractical, especially for Bihar’s significant migrant population, with 15 lakh voters yet to submit forms, risking the exclusion of legitimate voters due to logistical hurdles or lack of awareness, despite online and WhatsApp options. Finally, deep concerns persist regarding the opacity of the deletion process itself. The sheer volume of proposed deletions and limited time for verification, even with lists shared with political party-nominated Booth Level Agents, raise serious doubts about the thoroughness and fairness of the process, fuelling fears of erroneous deletions that could disproportionately impact specific demographic groups.

ECI’s stance on voter IDs and citizenship verification in court

he ongoing Special Intensive Revision (SIR) of Bihar’s electoral rolls has been further complicated by the Election Commission of India’s (ECI) recent affidavit to the Supreme Court. Filed on July 21, 2025, the ECI, through Deputy Election Commissioner Sanjay Kumar, stated that Electoral Photo Identity Cards (EPICs/Voter IDs) cannot be considered primary documents for new entries, categorising the SIR as a “de novo revision process.” While acknowledging Aadhaar’s utility for identification, the ECI reiterated it’s not a standalone proof of eligibility or citizenship. Furthermore, the ECI defended its right to verify citizenship, citing its constitutional mandate under Article 326 and Sections 16 and 19 of the Representation of the People Act, 1950, to ensure only citizens are registered.

Divergence from Supreme Court’s concern and ground realities

This stance directly challenges the Supreme Court’s July 10, 2025, observation that EPICs, Aadhaar, and ration cards should be considered valid. The ECI justified excluding ration cards due to “widespread prevalence of fraudulent cards.”

This significant deletion rate, coupled with the ECI’s stringent documentary requirements and its assertion of citizenship verification powers, has fuelled concerns from opposition parties and civil society about potential widespread disenfranchisement, particularly of marginalised sections. Many reports have also reported ground-level procedural flaws. The next Supreme Court hearing on July 28, 2025, will be crucial in addressing these contentious issues.

Related

ECI to SC: Voter ID insufficient for Bihar roll, defends citizenship verification power

SC: ECI’s ‘wisdom’ on revision of electoral rolls challenged, does a disenfranchisement crisis loom over Bihar, with thousands being declared ‘‘D’ (doubtful) voters?

Bihar:  SC signals that ECI should consider Aadhaar, EPIC (Voter ID card) & Ration card for electoral roll revision 

 

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In a ‘major win’ for anti-caste activists, a US Federal Court upholds California Govt’s authority to act against caste oppression https://sabrangindia.in/in-a-major-win-for-anti-caste-activists-a-us-federal-court-upholds-california-govts-authority-to-act-against-caste-oppression/ Thu, 24 Jul 2025 10:08:51 +0000 https://sabrangindia.in/?p=42928 The US District Court for the Eastern District of California in its ruling on July 18, in response to an allegation by the Hindu American Foundation that had claimed that the California civil rights department's enforcement of anti-caste policies violated the “constitutional rights of all Hindu Americans,” dismissed HAF’s contention

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Academics and civil rights activists have welcomed a landmark judgment by a US federal court upholding the California civil rights department’s constitutional authority to defence caste-oppressed individuals through state action.

The US District Court for the Eastern District of California in its ruling on July 18 in response to an allegation by the Hindu American Foundation that had claimed that the California civil rights department’s enforcement of anti-caste policies violated the “constitutional rights of all Hindu Americans,” dismissed HAF’s contention.

While dealing with the allegations, the court dismissed the allegation, stating that HAF had neither standing nor any valid arguments to pursue the case. The judge also said that HAF was being hypocritical in claiming that caste is not integral to Hinduism, while also claiming caste-based protections infringe on Hindu religious rights.

The Ambedkar King Study Circle, USA (AKSC) – a California-based anti-caste and social justice organisation – has called the ruling is not only a legal win, but “a major victory for civil rights and social justice.”

The AKSC, in its statement on behalf of the Savera coalition in the US – a platform bringing together a multiracial, interfaith, anti-caste organisations and activists – writes that the ruling has four visible outcomes:

  1. It affirms the California civil rights department’s constitutional power to take legal action on behalf of caste-oppressed individuals facing discrimination.
  2. The court stated that the civil rights department’s litigation – such as in the Cisco case – is legitimate state action.
  3. The court ruled that the civil rights department’s actions do not violate the religious rights, equal protection, or due process of Hindu Americans and said that the HAF’s argument was “entirely unpersuasive.”
  4. The court rejected HAF’s claim to represent “all Hindu Americans,” noting the organisation failed to demonstrate any actual activities, funding mechanisms, or engagement with the broader Hindu American community that would grant it standing in this case.

The judgement dismissed the Second Amended Complaint filed by HAF and eight individuals in September 2024 against California civil rights department director Kevin Kish.

“The court’s judgment makes it clear that enforcing civil rights laws does not infringe on religious liberty. This decision sends a strong message: caste-based exclusion and abuse have no place in our institutions, and those impacted can seek justice under the law in the USA,” Karthikeyan Shanmugam, convenor of the AKSC, said.

Roja Singh, who is president of the Dalit Solidarity Forum, stated that the judgement shows that “the decades-long campaign of caste-based oppression in the US is finally being confronted.”

Related:

Unsealed: Suhag Shukla’s Deposition in Hindu American Foundation’s Failed Defamation Case Against Us

Debunking Myths: A Critical Analysis of Hindu American Foundation’s Ram Temple Narrative

 

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When data is used as a weapon against reality: Deviations in the HCES & CES, claims of poverty line https://sabrangindia.in/when-data-is-used-as-a-weapon-against-reality-deviations-in-the-hces-ces-claims-of-poverty-line/ Wed, 23 Jul 2025 12:25:49 +0000 https://sabrangindia.in/?p=42904 This Household Consumption Expenditure Survey (HCES) is qualitatively different in methodology (including sampling) from the earlier Household Consumer Expenditure Survey (CES) last conducted in 2011-12, and therefore the two are not comparable. So the claim that India’s poverty has declined to below 5% doesn’t hold water: Second, the NITI Aayog has made no effort to even determine an official poverty line, last defined in the Census 2001.

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Background of HCES

The Household Consumption Expenditure Survey (HCES) conducted by the National Sample Survey Office (NSSO), and designed to collect information on consumption and expenditure of households on goods and services, was released by the Ministry of Statistics & Programme Implementation (MoSPI) in June 2024. Drawing from this data, a report ‘Nutritional Intake in India’ was released in July 2025.

The HCES estimates the monthly per capita consumption expenditure (MPCE) from the total value of monthly consumption of goods and services of the household divided by the number of members of the household, and its distribution among households and individuals. It gives a break up of expenditure by commodity group at the national and state level. It has two sets of estimates – one without factoring in the value of items (grains, edible oil, pulses, laptops or personal computers, bicycles, uniforms, footwear etc) received free of cost through various social welfare programmes, and the other with the imputed values that includes these items. Pradhan Mantri Jan Arogya Yojana (PM-JAY) and education related information has not been imputed here because of the apparent complexity of measurement.

Proportion of expenditure on food in a household is considered as an indicator of poverty. A decline in food spending is generally understood as an increase in incomes, which then means having more money for other expenditures like on medical, clothing, education, conveyance, durables, fuel and entertainment, among other things.  Food as a share of total consumer expenditure is less than 10% in many economies. In India, it continues to remain high overall. In rural households, the share of food in total consumption expenditure varies from 40% (Kerala) to 53% (Assam) (mean 47%), and in the urban households from 36% (Maharashtra) to 49% (Bihar) (mean 40%).

Based on the HCES, the government, through the NITI Aayog and other bodies, has declared that less than 5% of Indians are now expected to be below the poverty line, that welfare, inequality and poverty have improved since 2011-12, and that the nutritional intake is seen to have generally improved. Going forward, if policies have to be evidence-based, then all of these assertions have to be revisited.

Nutritional Intake Data

The report—‘Nutritional Intake in India’, estimates per capita and per consumer unit consumption of calories, protein, and fat. This report has apparently been compiled to ensure that adequate nutrition can be ensured for citizens, particularly those who are economically vulnerable, to plan welfare schemes and to compute poverty related calculations, for national and international comparisons. It gives an idea of nutrient intake and its source. It therefore gives an idea of the energy, protein and fat consumption of each household which can then be extrapolated to individuals. To date, five reports on “Nutrition Intake in India’ have been published[1].

Key findings on nutrition

As can be seen in Table 1 and 2, there is a similar pattern in expenditure on consumption of various categories of food items, the highest proportion being spent on consumption of beverages and processed food (21% in rural areas and 28% in urban areas).These changes in the composition of household expenditure are attributed to changes in household demand and improved infrastructure, storage, and transportation, which have expanded the markets for perishable items such as fresh fruits, milk & milk products, eggs, fish, and meat, making them more accessible and affordable across all regions of India.

The recorded foods consumed by the household are converted into the equivalent amounts of energy, protein and fat based on a Nutrition Conversion Table prepared by a committee constituted by MoSPI. households.

The intakes as per the report are:

Average Calorie Intake:

      • Rural: 2,212 kcal
      • Urban: 2,240 kcal

Protein (grams):

      • Rural: 61.8
      • Urban: 63.4

Fat (grams):

      • Rural: 60.4
      • Urban: 69.8

 

However, the actual intake of nutrients depends on how these foods are processed and/or cooked in the surveyed households.

For example, if a larger proportion of calories are derived from simple carbohydrates (all forms of sugar) or refined carbohydrates (grains, root vegetables and some pulses and legumes with the fibre and bran being removed) will quickly increase blood sugar levels. then it can lead to an increased risk of obesity and diabetes. Therefore calories from simple sugars and refined complex carbohydrates should be minimised or stopped. But merely computing the total number of calories without breaking them down into their source does not truly indicate the nutritive value of food consumed.

The urban and rural data for different states (Table 1 and 2), gives an idea of how different states facilitate different foods and dietary diversity. For instance, Kerala, West Bengal, Assam are among the top spenders on animal sources of protein while MP and Rajasthan are among the lowest. Similarly Haryana, MP, Rajasthan, Punjab are among the top spenders on milk and milk products while Kerala, West Bengal and Assam are among the lowest consumers of milk and milk products. These differences are related to geographical location, on what kinds of food is grown locally and is easily available.

For instance Kerala, West Bengal and Assam are close to large rivers and /or sea. Therefore fish consumption is very high. On the other hand, cattle and other livestock rearing is common in the Gangetic plains of North India. So Haryana, UP, Rajasthan and MP are among the top spenders for milk and milk products. Policy makers need to examine these data in the light of local contexts and should ensure that dietary diversity is at the heart of all welfare schemes related to food and nutrition such as the food and take home rations (THR) provided in anganwadis, public distribution system (PDS), mid-day meals and so on. Policy makers need to use these data to join the dots so that the schemes and programs are interconnected and comprehensive.

For example, consumption expenditure could be compared with data on the prevalence of anemia, stunting, underweight and other deficiencies. Such an exercise will contribute towards development of meaningful and effective programs that make use of local diversity in foods and also cater to the local tastes. Instead, the government chooses to take short cuts that benefit multi-national corporations such as universal fortification of rice with iron.

Energy/calories

The energy consumption of a man of average height and weight doing sedentary work is considered as one Consumption unit (CU) and equivalent to 2400 kcal. If the same man does moderate and heavy work, the CU would increase. Women and children are considered to have less CU than this average man. As per Table 3, the average daily per capita and per consumer unit intake of calorie protein and fat has not changed much between the previous survey (2022-23) and this (2023-24).

Table 3: Average daily per capita and per consumer unit intake of calorie, protein and fat

in 2022-23 & 2023-24: All-India

 

Intake of

per capita per day per consumer unit* per day
2022-23 2023-24 2022-23 2023-24
Rural Urban Rural Urban Rural Urban Rural Urban
Calorie (Kcal) 2233 2250 2212 2240 2407 2488 2383 2472
Protein (gm) 61.9 63.2 61.8 63.4 66.7 69.9 66.6 69.9
Fat (gm) 59.7 70.5 60.4 69.8 64.4 78.0 65.1 77.0

*Consumer unit is a unit used to measure the energy requirement of a group of persons of different sectors, gender and age-groups

The HCES assumes that animal products like milk, meat, fish and egg, and plant foods like pulses, oilseeds and nuts are all good sources of protein, but both these groups cannot be held at par. Plant based foods can be deficient in certain essential amino acids.

In the rural sector the share of cereals ranges between 34-55% in all major States across both periods except Kerala, where it is around 25-26%. In the urban sector the share of cereals is 24-25% in Kerala and 31-51% in all other major States.

Protein

With regard to proteins, the report claims that cereals continue to be the single largest source of protein for households with a share of about 46-47% for rural India and about 39% for urban India,  although their contribution to protein has come down and that from pulses, dairy and meat/fish/poultry going up.

As can be seen in Figures 2 and 3, most of the protein source are cheap quality from cereal, unlike the highly bioavailable animal source foods such as meat, milk and milk products, eggs, fish, poultry which contribute no more than 20% of the total intake in rural areas and 27% in urban areas. India, thus has a long way to go before it has access to the kind of proteins (and other nutrients) that enable the best possible heights and weights as also improvement of other nutritional indicators. Cereals are only a moderate source of protein as they contain about 10% protein. Rice contains less protein (7%) than wheat (approximately 10%) and other cereals. Leafy vegetables, fruits, roots, tubers are generally poor sources of protein as they contain less than 2% protein.

For instance, it is assumed in the report, that soya bean is the richest source of protein, however these proteins are incomplete, with poor bioavailability and being indigestible, requiring a lot of processing to improve digestibility. This processing can, however, contribute to denaturing of the proteins.

The other sources of proteins have poor bioavailability and calculations have to factor that in. It is also important to calculate intake in grams per kg body weight with due consideration for age, activity and physiological status.

Of the 20 amino acids that the body requires, it cannot synthesise 9 (essential) AA which must be consumed in the diet. The bioavailability (ability to utilise) is more from eggs, milk and meat. Proteins help to build and repair tissues. Usual recommended protein is 0.8 gm per kilogram body weight or 10-15% of total calories but some studies show that young children, adolescents, pregnant/lactating women and senior citizens may need more from 1.2 -1.7 gm/day. Even if you consume proteins from plant sources, at least 50% of total intake should come from animal sources (milk, dairy, eggs, meat, fish or chicken) or 50:50. If the ASF proportion drops (40 ASF: 60 PSF), chances of developing deficiencies are higher.

Fats

Fats are important for various functions of many organs. Fats can contribute around 25-50% of the calorie requirement depending on age, activity levels etc. The quality of fats need to be considered with trans fats available in ultra-processed foods being of particular concern.

Fat is an important component of diet and supports a number of functions in the body. Fat is a concentrated source of energy and per unit weight, it supplies more than twice the energy of either protein or carbohydrate. It also imparts palatability to a diet and retards the pace of emptying of the stomach. Presence of fat in the diet is important for the absorption of fat-soluble vitamins like Vitamin A and Carotene.

Packaged foods

It is recognised that access to healthy diets is challenging in low income settings, and when there is high food insecurity. Processed foods, cereals and sugars (as seen in commercially produced beverages) contribute both to under-nutrition but also to non-communicable diseases (NCDs) such as obesity, diabetes, hypertension, cardiovascular disease, cancer etc. It is therefore concerning that the report downplays this and instead makes it appear like protein from cereal has reduced while protein from other sources has gone up. Given the increased expenditure (above all other foods) towards beverages and processed foods, there would need to be more policy interventions to control this.

According to Kapoor et al. (2024), a 1 standard deviation increase from mean of diversity was associated with approximately 10% lower prevalence of anaemia in women (15-49 years). They found that the prevalence of anaemia among children (6 to 59 months) and women (15 to 49 years) is inversely associated with the dietary diversity of iron sources as measured by the Shannon Diversity Index. This relationship was observed across state/UTs and the NSS regions. They recommend that dietary diversity plays an important policy role in addressing anaemia – “an implication of this is that economic growth and development, which improve the dietary diversity of the household, could play an instrumental role in reducing the prevalence of anaemia among children and women.’ They conclude that although universal fortification in an attempt to improve iron intake and reduce anaemia in India, has widespread appeal yet it has limited impact. This echoes what doctors and several food rights groups have been saying – that fortification is not just useless, but downright harmful, and importantly that policies that promote dietary diversity at the household level, apart from general economic growth and improved access and affordability of diverse food items “through advancements in supply chain and logistics” as also “traditional practices and food habits at highly localized levels” would be better policy.

We need to also recognise that eggs are systematically denied from the mid-day meals in many states across the country. Cattle slaughter bans have made cheap nutrient dense foods inaccessible to many. So, on the one hand, the government claims to celebrate diversity while systematically erasing these, by enabling gory and macabre lynchings in the name of cow protection. The sources of micronutrients varies within states. For instance, Kerala with its acceptance of all animal source foods may have better levels of micronutrients as compared to states which are expected to make up their nutrient requirements from cereals. To meet requirements, they would have to consume increased quantities of cereals putting them at increased risk of non-communicable diseases. Children are further more likely to be stunted (and obese) if they do not have access to animal source foods. Unless these distinctions are made, a false narrative of all sources being equivalent will be created which is dangerous.

Concerns about the HCES, and some suggestions

This Household Consumption Expenditure Survey  (HCES) is different in methodology (including sampling) from the earlier Household Consumer Expenditure Survey (CES) last conducted in 2011-12, and therefore the two are not comparable – so the claim that India’s poverty has declined to below 5% doesn’t hold water. Secondly, the NITI Aayog has made no effort to even determine an official poverty line or re-examine the categories of urban or rural, last defined in the Census 2001. There are concerns that there is a higher representation of well-off groups in the current sample, giving higher consumption expenditure results and an active bias that excludes poor households. Imputed cost for items received free of cost through social welfare programs were not calculated earlier, so that can also artificially hike up the current MCPE estimates.

According to the National Accounts Statistics (NAC), household consumption share is dropping since 2016 with a drop in savings and rise in debt. Questions are being raised as to how it is possible for expenditures to rise when jobs are faltering, youth unemployment is doubling or tripling and the economy is slowing down.

The HCES survey for the year 2017-18, which revealed a decline in average per capita expenditure and increase in poverty headcount ratio, was conveniently junked by the government as “unreliable”. Before that, the survey was conducted in 2011–12. Hence, no consumer expenditure data was available for over a decade to assess the impact of the economic slowdown, demonetisation, the introduction of the Goods and Services Tax (GST), Covid-19 and lockdowns etc. and how many people above the poverty line have been pushed below.

The economist S. Subramanian argues that India’s abysmally low ranking on the  Global Hunger Index (GHI) which is drawn from under nutrition and <5 mortality indicators is not in keeping with what is being projected as a thriving economy.

The earlier sampling identified villages and urban blocks to select households to be surveyed. However the HCES strategy ensures that a certain proportion of the rural sample is from the villages close to the urban areas. As Anand (2024) writes –“It is safe to assume that villages closer to the city centre or the district headquarters would be relatively more affluent than the remote ones” also “While the survey design does not explicitly exclude the poorest from the sample, it reduces the probability of the poor making it to the sample”. If the extremely poor households are not a part of the sample, the monthly per capita expenditure estimates would be higher by design.  Standardization of HCES across countries and better understanding of the strengths and limitations of the data are also crucial.

In the context of the food consumption survey, there are several limitations to the HCES, most notably the difficulty of estimating the intra-household allocation of foods and therefore of quantifying the actual food intake of individual household members. Research is needed to better understand the strengths and the weaknesses of HCES data when used to assess and plan intakes at the household and individual levels Dietary surveys are widely used to assess food and nutrient intakes at the population or individual level. This helps to identify nutrient gaps as well as the risks of inadequate or excessive intakes to plan programs or policies. Several methods and tools exist to assess dietary intake, but the complexity and cost of dietary surveys often discourage their widespread use in developing countries, especially on an ongoing basis. Therefore, very few countries have reliable dietary data.  HCES, routinely conducted on a nationally representative sample, can be taken as proxy to plan nutrition related interventions. Whereas other methods can give individual level consumption patterns, HCES is limited to the household. Therefore, ideally, the HCES should be bolstered by other more accurate individual level data on food consumption. HCES therefore may not accurately capture individual consumption patterns due to factors like recall bias, differences in survey design across countries, and the challenges of tracking food consumed outside the home.

Standard measurements of individual consumption use the adult male as reference. For example, energy requirements of a non-pregnant or non-lactating woman is 0.8 and 0.6 for a child under five years of age. Using an estimate of the energy needs of a typical adult male (typically 3,000 kcal/day), the total household energy requirement can be estimated based on the number of Adult Male Equivalent units (AMEs) in the household. However, individual requirements can vary based on age, sex, physiological status, and (ideally) physical activity of each family member.

One method that could provide useful information is a comparison of nutritional data collected from the same household using multiple methods such as 24-hour recalls for each member of the household, as well as administering a standard HCES to determine household food consumption. Data at multiple time points to cover seasonal variations and other fluctuations in consumption would also be helpful. The more unwieldy assessments are done on smaller but representative samples.

HCES can also be difficult to compare across countries because of variations in period of recall, whether food has been collected for acquisition or consumption, mode of acquisition etc. Some of the procured foods listed in the HCES may be listed as fortified and this may or may not be factored into calculations. Further, additives, salt, sugar, trans fats etc. added to these may not be disclosed, and therefore difficult to measure or assess.

(The author is a public health doctor and researcher)

[1] Reports based on NSS (National Statistical Survey)’s 50th round (1993-94), 55th round (1999-2000), 61st round (2004-05), 66th round (2009-10) and 68th.

Related:

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India behind on poverty, health and gender goals: Independent study

Why does the Karnataka government not want children to eat eggs at mid day meals?

Religious Indoctrination Through Midday Meals

Why health and sex education for young is crucial: Supreme Court

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ECI to SC: Voter ID insufficient for Bihar roll, defends citizenship verification power https://sabrangindia.in/eci-to-sc-voter-id-insufficient-for-bihar-roll-defends-citizenship-verification-power/ Wed, 23 Jul 2025 11:10:15 +0000 https://sabrangindia.in/?p=42911 Bihar’s electoral roll crisis: ECI defends excluding Voter IDs for new entries and power to citizenship verification; ECI’s revision flags 52.3 Lakh (6.62%) electors not found at their addresses (including 18.6L deceased, 26L shifted, 7.5L multiple entries and 11K untraceable voters), amid concerns over disenfranchisement of genuine voters and procedural hurdles, opposition stages black-clad protests outside the Bihar assembly

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The Election Commission of India (ECI) has doubled down on its position regarding the ongoing Special Intensive Revision (SIR) of electoral rolls in Bihar, informing the Supreme Court in its affidavit –in the ongoing challenges to the controversial “special intensive revision” (SIR) of voter rolls– that Electoral Photo Identity Card (EPIC/Voter ID) cannot be not be considered a primary document for fresh entries during the Special Intensive Revision (SIR). On the Aadhaar card too, the ECI reiterated its previous stand that the identity card in law, is not recognised as a standalone valid document for electoral roll inclusion though it can “supplement other documents to prove eligibility,” acknowledging its utility for identification purposes during the SIR process. These assertions, made in a counter-affidavit filed on July 21, 2025, by Deputy Election Commissioner Sanjay Kumar, reveal the ECI’s categorisation of the SIR as a “de novo revision process” under Rule 21(3) of the Representation of the People Act, 1950. 

Crucially, the ECI has also adamantly defended its authority to verify citizenship during this revision. While not claiming to adjudicate citizenship like the Central Government under the Citizenship Act, 1955, the ECI maintains its constitutional mandate under Article 326 and Sections 16 and 19 of the Representation of the People Act, 1950, to ensure that only Indian citizens are registered as voters. 

This stance directly addresses concerns raised during the Supreme Court’s July 10 hearing, where the bench had indicated that EPICs, along with Aadhaar and ration cards, should be considered valid documents. The onus, according to the ECI, remains on the individual to provide proof of citizenship for inclusion.

52, 30,126 electors (6.62%) were not found at their addresses so far, 18.66 lakh deceased says ECI

The hastily announced SIR—given that the state assembly elections are just a few months away have raised vocal opposition and concerns over the motive behind the process: whether mass exclusion of legitimate voters from the marginalised sections was underway, through this backdoor and unlawful method. Now the Commissions provisional figures lend strength to these accusations! The Election Commission’s provisional figures released yesterday, July 22, 2025, detailing Bihar’s Special Intensive Revision (SIR) of electoral rolls, have ignited a political firestorm, raising profound concerns about potential widespread disenfranchisement. The ECI reported receiving 7, 16, 04,102 enumeration forms, representing 90.67% of the total electors. 

However, the concerning revelation that “52, 30,126 electors (6.62%) were not found at their addresses so far” has become the central point of contention. This significant cohort comprises 18,66,869 reported deceased, 26,01,031 permanently shifted, and 7,50,742 enrolled at multiple places, alongside a smaller but concerning 11,484 untraceable individuals. Together, these account for about 6.62 per cent of the electorate. With the ECI’s motives under suspicion, its methodology faulty and opaque, and its attitude one of non-transparency laced with institutional arrogance, Bihar’s electorate is on edge.

The ECI’s press note dated 22.07.2025 can be read here

ECI’s rationale: preserving the integrity of revision

The ECI’s affidavit explicitly states, “The EPIC cards are prepared on the basis of electoral rolls. Since the electoral roll, itself, is being revised, the production of EPIC Cards will make the whole exercise futile. The conceptual and procedural integrity of a de-novo revision would stand undermined if EPICs, which are merely reflective of prior entries, are used to validate entries in a roll that is required to be constructed anew. The EPIC, being a by-product of an earlier electoral roll, cannot substitute the verification process mandated for fresh preparation and reliance solely on the EPIC for inclusion or automatic continuance would be contrary to both the scheme and purpose of a fresh revision exercise” as Live Law reported 

Regarding Aadhaar, the ECI reiterated its long-standing position: it is not recognised as a standalone valid document for electoral roll inclusion as it primarily serves as proof of identity and does not establish citizenship. The Commission cited Section 9 of the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016, which explicitly clarifies that possessing an Aadhaar number does not confer citizenship. 

However, the ECI did clarify that Aadhaar can “supplement other documents to prove eligibility,” acknowledging its utility for identification purposes during the SIR process, as evident from the enumeration forms allowing voluntary submission of Aadhaar numbers.

The exclusion of ration cards from the list of acceptable documents for the Bihar SIR was justified by the ECI on the grounds of widespread prevalence of fraudulent cards. The Commission referenced a central government press release from March 7, 2025, which reported the removal of 5 Crore fake ration cards. According to Live Law, the affidavit noted, “That it is submitted that given the widespread existence of fake ration cards, it has not been prescribed within a list of 11 documents to be relied upon for screening eligibility under Article 326”  

Despite this, the ECI emphasised that the list of documents in the Enumeration Forms is indicative, not exhaustive. Electoral Registration Officers (EROs) and Assistant EROs (AEROs) are obligated to consider all documents presented for proof of eligibility, including ration cards, with the final decision resting on the officer’s satisfaction as per Section 22 of the RP Act, 1950, and Rule 21(A) of the RER, 1960. The ECI clarified that these documents are primarily for “the limited purpose of establishing identity” during the SIR process.

ECI’s assertions on citizenship verification powers

A significant aspect of the ECI’s counter-affidavit is its determined defense of its authority to seek proof of citizenship during the SIR. This directly counters the petitioners’ argument that the ECI is overstepping its jurisdiction. The Commission asserted its statutory obligation to ensure only Indian citizens are registered as voters, deriving this power from Article 326 of the Constitution and Sections 16 and 19 of the Representation of the People Act, 1950.

Deputy Election Commissioner Sanjay Kumar’s affidavit stated, “ECI is vested with the power to scrutinize whether a proposed elector fulfils the criteria for being registered as a voter in the electoral roll, which includes, inter alia, an assessment of citizenship as per Article 326 of the COI. Such scrutiny is constitutionally mandated and crystallized by virtue of RP Act 1950. This power flows directly from the provisions of Article 324 read with 326 and Sections 16 and 19 of the RP Act 1950” Live Law reported 

The ECI dismissed the contention that the power to adjudicate citizenship rests solely with the central government. While acknowledging Section 9 of the Citizenship Act, 1955, which grants exclusive jurisdiction to the Central Government in cases of voluntary acquisition of foreign citizenship, the ECI argued that “Other aspects related to citizenship can be inquired into by other relevant authorities for their purposes, including those who are constitutionally obligated to do so, ie., the ECI.” The Commission highlighted that establishing citizenship is the individual’s responsibility, as the necessary documents are within their personal knowledge.

Crucially, the ECI clarified that it is not undertaking any independent exercise of determining or adjudicating upon the question of citizenship, but merely discharging its duty to prevent non-citizens from being included in the electoral roll. This, it argued, is distinct from the process under the Citizenship Act, 1955. 

The Commission also rejected the idea that requiring proof of citizenship reverses the burden of proof, stating that under the electoral registration scheme, an applicant must establish eligibility by submitting Form 6. For existing names, removal occurs only after a detailed inquiry and when the ERO is satisfied of the person’s ineligibility, without implying termination of citizenship.

The SC’s July 10 intervention 

These recent ECI submissions come in the wake of a mid-vacation hearing on July 10, 2025, where the Supreme Court, while declining to impose an interim stay on the Bihar SIR, made crucial observations. The bench, comprising Justices Sudhanshu Dhulia and Joymalya Bagchi, had unequivocally directed the ECI to “consider the following documents such as the Aadhaar card, the EPIC voter ID card issued by the Election Commission, and ration card.” 

The Court had also noted that the ECI’s existing list of 11 accepted documents was “not exhaustive.” This directive came amidst a batch of petitions, including those filed by the Association for Democratic Reforms (ADR), challenging the SIR process as arbitrary, discriminatory, and a potential threat to the fundamental right to vote, particularly by effectively acting as a citizenship screening mechanism. 

Petitioners, represented by legal stalwarts like Gopal Sankarnarayanan, Kapil Sibal, and Abhishek Manu Singhvi, had questioned the legality of the “Special Intensive Revision,” its unprecedented nature, the arbitrary distinctions made between voters (especially pre- and post-2003 registrants), and the immense burden of proof placed on individuals. Concerns were also raised about the short 30-day timeline and its proximity to the November 2025 Bihar Assembly elections, suggesting a political motive behind the exercise.

From about July 10, the Hindi daily, Dainik Bhaskar, as also independent journalist and You Tuber, Ajit Anjum have been flagging the issue of the problematic manner in which the SIR process is being carried out in Bihar.

Adding to the complexity and public scrutiny of the SIR process, senior journalist Ajit Anjum has faced legal repercussions for his investigative reporting. On July 13, 2025, a First Information Report (FIR) was registered against Anjum and his team in Balia, Begusarai, Bihar. The complaint, filed by a Booth Level Officer (BLO), alleged obstruction of government work and spreading communal animosity, citing sections of the Bharatiya Nyaya Sanhita, 2023, and the Representation of People’s Act, 1951. 

His video reports from the ground have meticulously detailed instances where ECI guidelines were allegedly circumvented, such as voters being denied acknowledgment receipts, BLOs receiving only single copies of forms, and incomplete forms being uploaded with only names and signatures, lacking photos or full details. Anjum’s persistent questioning of these procedural flaws, and his refusal to remove his videos despite alleged pressure from local authorities, has brought the ground-level challenges of the SIR into sharp focus. 

The road ahead: July 28 hearing and public scrutiny

The ECI’s detailed affidavit sets the stage for the next Supreme Court hearing on July 28, 2025. This hearing is expected to be crucial in determining the future direction of Bihar’s electoral roll revision. While the ECI asserts its constitutional and statutory mandate to conduct a thorough revision, including citizenship verification, and to set criteria for document acceptance, the Court’s previous observations indicate a strong emphasis on ensuring no eligible voter is disenfranchised. 

The challenge lies in balancing the ECI’s goal of “purity” in electoral rolls with the fundamental right to vote and avoiding processes that could disproportionately impact vulnerable populations. The ongoing legal battle, coupled with intense media and political scrutiny, underscores the significant implications of the Bihar SIR for democratic processes in India. The period from August 1 to September 1, 2025, earmarked for public objections to the Draft Electoral Rolls, will also be critical, as it provides a window for citizens to address any inaccuracies or exclusions.

Opposition parties staged protest outside the Parliament and Bihar Assembly

The release of these figures immediately galvanised opposition parties in Bihar. On July 22, 2025, dressed in black, opposition party legislators in the Bihar Assembly staged a protest for the second consecutive day against the ongoing SIR. The intensity of the protest escalated on July 23, 2025, leading to the adjournment of the Bihar Assembly until 2 p.m. after Chief Minister Nitish Kumar angrily intervened during a statement by Leader of the Opposition Tejashwi Yadav, plunging the House into turmoil.

 

Former CM Rabri Devi and other RJD MLCs mirrored this protest outside the Bihar Assembly. 

Tejashwi Yadav, addressing the media, stated, “Today, we spoke on SIR in the Assembly…Who has been in power since 2005? Everyone knew what the discussion would be on, but the CM kept speaking on what he wanted. CM is not state to run the state now. The way state is being run from Delhi on remote control…” 

He further criticised the ECI’s “hasty” SIR, questioning, “Where will poor people get so many documents from?” Yadav also revealed, “The Speaker scolded the Deputy CM. Deputy CM Vijay Sinha made an inappropriate statement. Why are they allowed to speak in between?… The opposition will raise questions.”

The concerns over Bihar’s SIR have resonated across the national political landscape. Lok Sabha LoP and Congress MP Rahul Gandhi, commenting on the ECI flagging 52 lakh missing voters in Bihar, broadened the scope of the accusation: “It is not just about those 52 lakh people. They have done cheating in Maharashtra (Assembly elections). We asked the ECI to show the voter’s list, but they refused. We asked them to show videography, but they changed the rules of videography. 1 crore new voters were added in Maharashtra. In Karnataka, we have caught a huge theft. I will show it to the Election Commission in black and white on how theft is done. They have understood that we are aware of their game now… Now, what they are doing is that they have deleted the voters, and a new voter list will be brought…”

The consolidated opposition front views the SIR exercise not merely as an administrative cleanup but as a deliberate attempt to manipulate electoral outcomes by targeting specific demographics for disenfranchisement

The sheer scale of these “untraced” electors, when combined with the ECI’s firm stance that Voter IDs are unacceptable for fresh enrollment and its assertive claim of citizenship verification powers, paints a troubling picture. This policy framework, particularly for a “de novo” revision, places an immense burden on genuine voters, especially migrant workers and those with limited access to extensive documentation. 

The larger narrative

The ECI’s position, particularly on Voter IDs and citizenship verification, stands in direct contrast to the Supreme Court’s observations during the July 10, 2025 hearing. In that earlier proceeding, the Court had urged the ECI to be more inclusive, specifically indicating that Aadhaar, EPICs, and ration cards should be considered valid identity documents for the SIR. The current ECI affidavit, filed in response to this, demonstrates a firm resolve to implement its own interpretation of the revision process. This creates a legal challenge that the July 28 hearing will likely address.

The concerns about potential disenfranchisement, particularly for marginalised communities, are not merely speculative. As highlighted by journalist Ajit Anjum’s recent reporting and subsequent FIR, the ground reality of the SIR has revealed significant procedural inconsistencies and challenges, like the denial of acknowledgement receipts and the burden on citizens to photocopy forms due to BLOs having limited supplies. 

These on-the-ground issues illustrate the practical difficulties electors face in complying with the ECI’s demands, amplifying the fear that the roughly 52.30 lakh “untraced” electors might face an uphill battle to prove their eligibility. The ECI’s defense of its citizenship verification powers, while legally framed, is seen by many as adding another layer of scrutiny that could disproportionately affect those whose citizenship documentation might be less straightforward or readily available. The ongoing legal battle and the ECI’s detailed data point to a significant democratic exercise with far-reaching implications for voter rights and the integrity of the electoral process in Bihar and, potentially, across the nation.

Related

Bihar:  SC signals that ECI should consider Aadhaar, EPIC (Voter ID card) & Ration card for electoral roll revision 

SC: ECI’s ‘wisdom’ on revision of electoral rolls challenged, does a disenfranchisement crisis loom over Bihar, with thousands being declared ‘‘D’ (doubtful) voters?

Bihar 2025 Election: EC drops parental birth document requirement for 4.96 crore electors and their children in Bihar

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Weaponising Truth: A critical analysis of the Karnataka Misinformation and Fake News (Prohibition) Bill, 2025 https://sabrangindia.in/weaponising-truth-a-critical-analysis-of-the-karnataka-misinformation-and-fake-news-prohibition-bill-2025/ Tue, 15 Jul 2025 12:43:37 +0000 https://sabrangindia.in/?p=42832 Marketed as a tool to fight disinformation, the Karnataka Misinformation and Fake News (Prohibition) Bill, 2025 hands sweeping powers to the executive, criminalises speech, and threatens to silence dissent, satire, and critique—under vague and ideological pretexts

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The Karnataka Misinformation and Fake News (Prohibition) Bill, 20255, introduced ostensibly to curb the spread of false information online, reveals a deeply troubling architecture when examined closely. Behind the rhetoric of ‘public safety and digital hygiene’ lies a bill that is vague in its definitions, excessive in its penalties, unchecked in its enforcement mechanisms, and incompatible with constitutional guarantees of free speech.

Far from protecting the public, this Bill—if enacted—would allow the government to arrest, prosecute, and imprison users for social media posts deemed false, disrespectful, anti-feminist, or culturally inappropriate, without clear definitions, independent oversight, or constitutional safeguards.

A bill rooted in executive power, not due process nor public dialogue

The Bill’s legislative process betrays its undemocratic spirit. Though the Congress government had promised action against fake news in its 2023 manifesto, no draft was publicly released, no white paper issued, and no consultation held with journalists, civil society, or digital rights experts took place before the introduction of such a proposed law.

Instead, as reported by the Deccan Herald on June 20, 2025, details emerged through a leak, revealing shocking provisions: up to 7 years’ imprisonment, ₹10 lakh fines, non-bailable offences, and a new Authority chaired by the Information Minister to regulate speech on social media (Deccan Herald, 20 June 2025). The News Minute corroborated that the draft criminalises “anti-feminist” content and “disrespect of Sanatan symbols”.

This clandestine process stands in stark contrast to international best practices, where media regulation is subject to extensive parliamentary debate, judicial scrutiny, and civil society participation.

Analysis of the Bill

I. Vague, overbroad, and unconstitutional definitions

 A. Misinformation and Fake News: Undefined danger zones

The Bill defines “misinformation” (Section 2(k)) as a knowingly or recklessly false or inaccurate statement of fact, excluding satire or opinion—unless a “reasonable man” might mistake it for truth. This subjective test invites arbitrary enforcement.

The term “fake news” (Section 2(i)) covers misquotations, distorted videos, and fabrications, but offers no harm threshold or proof requirement. While the harm these phenomena cause is real, the Bill fails to set clear thresholds for harm or intention. Even minor inaccuracies or parodic edits could potentially attract criminal liability, creating a chilling effect on journalism, activism, and online discourse.

This echoes the unconstitutional vagueness that led the Supreme Court to strike down Section 66A of the IT Act in Shreya Singhal v. Union of India (2015), where terms like “offensive” and “menacing” were ruled too vague to be the basis for arrest and prosecution.

The Karnataka Bill repeats the same error, criminalising falsehood without requiring intent to deceive, incite, or defame, contrary to both domestic precedent and global free speech norms.

B. Unconstitutional grounds for speech restriction

Section 3 criminalises misinformation that is “public health, public safety, public tranquillity or the conduct of free and fair elections.” These terms, especially public tranquillity, health, or fair elections, are not defined in the Bill, nor are they part of the constitutionally permissible grounds under Article 19(2) for restricting speech. Even “public tranquillity” is broader and vaguer than “public order”, the actual constitutional category.

In S. Rangarajan v. P. Jagjivan Ram (1989), the Court warned that mere discomfort or offense cannot justify censorship, by providing that anticipated danger should not be remote, conjectural or far-fetched. However, the Karnataka Bill violates this standard.

II. Criminalising Falsehood: Disproportionate and draconian 

A. Harsh jail terms for speech offences

The Bill introduces harsh criminal penalties:

  • Section 3(2): 2–5 years’ imprisonment for misinformation.
  • Section 7: Up to 7 years’ jail and ₹10 lakh fine for “fake news” posted on social media.
  • Section 12: All offences are non-bailable and cognisable.

This is a stunning escalation from existing laws; these are staggering penalties for speech-based offences, harsher than for some forms of assault or property crime. Even defamation, under the Bharatiya Nyaya Sanhita 2023, carries a maximum 2-year sentence. Thus, under the new Bill, an inaccurate tweet or edited meme can trigger a multi-year jail term.

B. Bail denied, presumption of innocence reversed

The offences are made cognisable and non-bailable (Section 12). This means police can arrest without a warrant and courts can deny bail unless the accused proves innocence at the pre-trial stage—effectively reversing the presumption of innocence. Additionally, Section 12 makes it nearly impossible to secure bail. If the Special Public Prosecutor opposes release, the Court must find the accused “not guilty” at the pre-trial stage to grant bail, reversing the presumption of innocence, and creating a perverse system where accusation is equal to incarceration.

This turns pre-trial procedure into punishment, especially in a country where cases can drag on for years. Such disproportionate penalties violate the doctrine of proportionality; a central tenet of Article 19(2) jurisprudence affirmed in Modern Dental College v. State of Madhya Pradesh (2016) and Anuradha Bhasin v. Union of India (2020). A democratic state cannot punish false speech, absent incitement, with the same severity as grave bodily crimes.

III. Politicised censorship through a minister-led “authority” 

A. Executive-only regulator with no safeguards

The core of the Bill is the creation of a Fake News on Social-Media Regulatory Authority (Section 5), chaired by the Minister for Kannada and Culture and comprised mainly of government nominees and industry reps, with no independent experts, civil society members, or judicial oversight. This political body is empowered to decide what constitutes truth, ban content, and recommend prosecution.

Notably absent: journalists, academics, fact-checkers, lawyers, civil society, or independent experts.

This Authority is empowered (Section 6) to:

  • Ban content it deems “fake” or “anti-feminist”,
  • Block posts that “disrespect Sanatan symbols and beliefs”,
  • Permit only “authentic research” on “science, history, religion, philosophy, and literature”.

Nowhere does the Bill define these ideological or cultural categories. As courts have long held, laws restricting speech must be viewpoint-neutral. But here, the Authority becomes a cultural gatekeeper, with the power to censor satire, dissent, and critique based on subjective moral and political filters.

B. Echoes of the Kunal Kamra case

This mirrors the controversial Union Government’s “Fact Checking Unit” (FCU) challenged in Kunal Kamra v. Union of India, where the Bombay High Court had held that empowering an executive body to define truth undermines Article 19(1)(a) and violates principles of neutrality and procedural fairness, and stated that the government cannot be the judge of its own cause when the disputed speech criticises it.

IV. Sanatan Symbols and Anti-Feminism: Ideology masquerading as law

Section 6(b)–(e) mandates banning content that:

  • Is “anti-feminist”,
  • “Insults female dignity”,
  • “Disrespects Sanatan symbols and beliefs”,
  • “Promotes superstition”.

These phrases are neither defined nor legally established. For instance, what qualifies as anti-feminist? A critique of gender roles in mythology? A conservative view on family structure?

Similarly, “Sanatan symbols” is a term laden with majoritarian political weight, which is increasingly being invoked to assert Hindu nationalist identity, not just traditional values. By criminalising “disrespect” of such vague and religiously charged symbols, the Bill directly shields majoritarian ideology from critique, violating the secular and pluralist framework of the Constitution.

V. Lack of due process, oversight, and appeal 

A. No notice, no hearing, no remedy

The Bill does not require the Authority to notify or hear the accused before blocking content. There is no requirement for transparency, publishing reasons, or independent appeal. Section 13 empowers Special Courts to issue Correction or Disabling Directions to publishers and platforms based on FIRs. But neither the Authority nor the Court is required to:

  • Issue a notice to the accused content creator,
  • Hold a hearing before takedown,
  • Publish orders or provide reasoned justification.

Only after the order is issued can an aggrieved person approach the same court for variation or cancellation (Section 13(3)), with a final appeal to the High Court under tight timelines (Section 13(4)). Even the appeals mechanism is narrow: only final orders can be appealed to the High Court within 60 days, placing heavy procedural burdens on social media users and journalists to challenge wrongful censorship.

The authority essentially operates in secrecy, and the Special Court’s role is post-facto and limited. This violates every principle of natural justice and prior notice, cornerstones of procedural fairness affirmed repeatedly by Indian courts.

VI. Threat to platforms and safe harbour protections

Section 15 extends liability to companies, intermediaries, and publishers. Their officers may face prosecution unless they can prove they lacked knowledge or took due diligence steps—creating reverse burden of proof.

This undermines the safe harbour principle under Section 79 of the IT Act, where intermediaries are not liable for user-generated content if they act on lawful takedown notices. Here, the spectre of criminal liability will force platforms to over-censor content—resulting in private censorship of public speech. Satirical posts, dissent, or unpopular political views may be purged in fear of triggering the law, thereby silencing democratic debate.

VII. “Good Faith” as a shield for abuse

Section 20 of the Karnataka Fake News Bill provides blanket immunity to the State Government, local authorities, and any government officer for “anything done in good faith” under the Act or its rules and orders. On the face of it, such a clause is standard in many laws. But in the context of this vague, punitive, and executive-driven framework, it becomes a shield for arbitrary and unconstitutional action, with zero accountability.

VIII. What the global standard looks like

Unlike Karnataka’s criminalised model, democratic countries pursue platform accountability and structural transparency, not punitive censorship:

  • EU’s Digital Services Act (2024): No criminalisation of misinformation. Platforms must assess and mitigate risks, adjust algorithms, and comply with independent Trusted Flaggers.
  • France’s Anti-Disinformation Law (2018): Limited to election periods; takedown orders must come from courts, not executive bodies.

By contrast, the Karnataka Bill places criminal liability on individuals, includes ideological filters, and offers unchecked power to executive actors. No major democracy allows a Minister to declare content fake and imprison users. The Karnataka Bill is dangerously out of step.

Conclusion: Scrap this bill, start over

India does face a disinformation crisis. But the response must not be to turn the state into an arbiter of truth with the power to imprison dissenters. Karnataka’s Misinformation and Fake News Bill, 2025 is not a regulatory framework. It is a blueprint for censorship, criminalisation of dissent, and ideological control of speech. It violates:

  • Article 19(1)(a): Free speech and expression
  • Article 14: Equality before law
  • Article 21: Due process and personal liberty

The Karnataka Misinformation and Fake News (Prohibition) Bill, 2025, as it stands, is an overbroad, punitive, and ideologically skewed instrument that undermines both democracy and digital rights. If enacted, it will severely chill journalism, satire, dissent, research, and digital activism. The right to speak will survive in name, but be rationed in practice.

The complete bill may be accessed below.

Related:

By striking down the IT (Amendment) Rules, 2023 as unconstitutional, Bombay HC curbs Union Govt control over online content

Dissent Note: The alarming scope of Maharashtra’s Special Public Safety Bill, 2024

ECI: Moving from transparency to opacity, the decision to ‘destroy’ CCTV footage after 45 days

Court Acts on Misinformation: FIR against channels for wrongly branding teacher a terrorist

“The law is a shield, not a weapon”: Orissa HC terms demolition without due process a civic wrong, orders 10 lakh compensation

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‘Define Special Intensive Revision scope… make it clear not linked to citizenship’: BJP ally TDP writes to CEC Gyanesh Kumar https://sabrangindia.in/define-special-intensive-revision-scope-make-it-clear-not-linked-to-citizenship-bjp-ally-tdp-writes-to-cec-gyanesh-kumar/ Tue, 15 Jul 2025 12:27:40 +0000 https://sabrangindia.in/?p=42828 Questioning the modus of the recently begun controversial SIR exercise, the TDP letter to Election Commission (ECI) states categorically that any such ‘Special Intensive Revision’ (SIR) should provide voters enough time, and that those in electoral rolls must not be required to re-establish eligibility “unless specific and verifiable reasons are recorded”

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TDP demands voter eligibility clarity: As serious questions and doubts continue to be raised over the ongoing ‘Special Intensive Revision (SIR)’ of electoral rolls in poll-bound Bihar, the Telugu Desam Party (TDP), the ruling NDA’s second-largest constituent, has in a well-publicised letter, sought clarity on “the scope of the exercise” and demanded it should be made clear that it is “not related to citizenship verification”. Reports The Indian Express.

In a letter to Chief Election Commissioner (CEC) Gyanesh Kumar on Tuesday, July 15, written by TDP parliamentary party leader Lavu Sri Krishna Devarayalu and signed by five other party leaders, the party has written: “The scope of the SIR must be clearly defined and must be limited to electoral roll re-correction and inclusion. It should be explicitly communicated that the exercise is not related to citizenship verification, and any field instructions must reflect this distinction.”

The letter was submitted to the statutory body (ECI) after the TDP leaders led a delegation there, as part of an ongoing exercise by the poll panel to take suggestions from political parties to strengthen electoral processes.

When queried about the letter, the TDP national spokesperson and one of the signatories, Jyothsna Tirunagari, said there was “no link” between the ongoing SIR in Bihar and the party’s suggestions. “We just met the EC and, as we were asked for suggestions, made our stand clear on the electoral process. We are a democratic party and would want transparency in the electoral process,” she told The Indian Express.

These suggestions by the TDP follow the communication by the poll panel to Chief Electoral Officers (CEOs) of all states on July 5, directing them to begin preparations for a ‘Bihar-like exercise — this time with January 1, 2026, as the qualifying date’.

Days after the Supreme Court questioned the EC on July 10, over the timing of the SIR in Bihar, the TDP letter says that any such electoral roll revision should “not ideally be within six months of any major election”. “To ensure voter confidence and administrative preparedness, the SIR process should be conducted with a sufficient time lead,” the letter says.

The N Chandrababu Naidu-led party has also said that voters included in the electoral rolls must not be required to re-establish their eligibility “unless specific and verifiable reasons are recorded”, and called for a third-party audit under the Comptroller and Auditor General (CAG) to identify anomalies.

Among other suggestions in the letter, include district-wise data on voter addition and deletions with explanations on the EC portal, permission to Aadhaar-based cross-verification, penalties for inaction by EROS (Electoral Registration Officers) and DEOs (District Election Officers), a state-level ombudsman under the EC to handle unresolved grievances, and targeted re-enrolment campaigns for migrant workers, tribal groups and senior citizens.

“Temporary address declarations must be permitted with basic documentation to prevent disenfranchisement of the mobile population… where voters are unable to submit documents at the time of visit, age-wise verification must be permitted,” the letter reads.

Signatories also included party MPs Byreddy Shabari and D Prasada Rao, and TDP state president Palla Srinivasa Rao.

Related:

Bihar:  SC signals that ECI should consider Aadhaar, EPIC (Voter ID card) & Ration card for electoral roll revision 

SC: ECI’s ‘wisdom’ on revision of electoral rolls challenged, does a disenfranchisement crisis loom over Bihar, with thousands being declared ‘‘D’ (doubtful) voters?

Bihar: Sinister move by ECI as ‘intensive’ revision of electoral roles set to exclude vast majority of legitimate voters

Bihar 2025 Election: EC drops parental birth document requirement for 4.96 crore electors and their children in Bihar

 

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Journalist Ajit Anjum booked for exposing Bihar’s SIR flaws https://sabrangindia.in/journalist-ajit-anjum-booked-for-exposing-bihars-sir-flaws/ Tue, 15 Jul 2025 12:21:23 +0000 https://sabrangindia.in/?p=42820 Senior journalist Ajit Anjum faces FIR in Balia, Bihar for exposing alleged voter list irregularities, he calls the FIR "a certificate for me as a journalist," vowing to continue reporting despite perceived intimidation tactics, Anjum said “I will not be scared. I will show only the truth”

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On July 13, 2025, a First Information Report (FIR) has registered against senior journalist Ajit Anjum and two associates, including his cameraman, at the Balia Police Station in Begusarai, Bihar. The complaint was filed by BLO Asarulhaq (Booth No. 16, 145) of Sahebpur Kamal Vidhan Sabha constituency. The core of the complaint, filed on July 12, 2025, alleges that Anjum obstructed government work and spread communal animosity. The FIR has registered under sections 223, 329(c), 132, 196, 302, 3(5) of Bharatiya Nyaya Sanhita, 2023 and section 123(3A) of the Representation of People’s Act, 1951.

According to BLO Asarulhaq, at approximately 9:30 AM, while he was uploading enumeration forms from the BLO App in the Gharakhand meeting hall, Ajit Anjum and his team “without authorisation entered the hall and began questioning me.” Anjum’s questions included inquiries about voter numbers, form distribution and collection, the number of Muslim voters, and the submission of paper forms.

The BLO stated he informed Anjum that his booth had 1020 voters and that all forms had been distributed and received. However, he further alleged that Anjum’s “focus was on claiming that Muslim voters were being harassed, which is completely false,” and that Anjum “prevented me from working for an hour, causing significant disruption to the work.”

FIR, a certificate for me as a journalist: Anjum

“This FIR filed in Begusarai isn’t a setback; it’s a badge of honour for me as a journalist,” stated Anjum. He asserts that the case was “bound to happen” as a direct consequence of his exposé on the Election Commission’s ‘SIR’ forms. Anjum urges viewers to watch the linked video in the comments, which he claims clearly shows the Election Commission’s flaws. He suggests that instead of addressing these shortcomings, an FIR was filed against him, inviting viewers to “make a judgment” for themselves.

Anjum’s stance: undeterred by “targeted action”

Anjum, however, remains resolute in the face of what he perceives as a targeted move by the administration. He confirmed that he has not yet received a copy of the FIR, stating, “I haven’t received a copy of the FIR yet; I’m waiting for it.” He revealed that prior to the FIR, he had reported irregularities in the ‘SIR’ forms in the Ballia block, after which he received calls from the local BDO (Block Development Officer) and SDO (Sub-Divisional Officer) pressuring him to delete the video. Anjum’s defiance was clear: “I didn’t listen to them, and now the consequences are evident.

There are a hundred questions about the Election Commission’s methods in Bihar. Instead of answering those questions, they’ve started an effort to intimidate journalists. I won’t be scared. I’ll only show the truth and report on the flaws.” He even stated he had voluntarily travelled to Begusarai from Kishanganj to ease the administration’s “trouble looking for me.”

Based on this Video, an FIR was filed, now watch and think: Anjum

Following the FIR, Anjum responded by re-uploading the video on his X handle. The video prominently features significant irregularities in the voter list revision’s form submission. It reveals that forms are being uploaded incompletely, with some containing only the name and signature, leaving all other columns blank and no photos attached. The video questions the credibility of such submissions. The official present, a Madam, acknowledges this as a “BLO’s mistake,” implicitly confirming a blatant violation of the Election Commission’s guidelines.

Anjum said that it is this very video that led to an FIR being filed against me, under a non-bailable section for obstructing government work. However, this charge is questionable given the circumstances. My colleague had first entered and inquired before I followed. When asked to stop recording, everyone involved exited with me, and I provided my contact number to the BLO after the shoot. Within ten minutes, I received a call from the BDO of Ballia, instructing me not to upload the video and warning that it “wouldn’t be good.” This was followed by two more calls from the SDO Madam of Ballia, urging me to delete the video.

These three calls are verifiable in my call records. Despite the pressure, I chose to make the video public instead of deleting it, resulting in the FIR with what I perceive as entrapment charges, Anjum said.

Ajit Anjum’s revelations: discrepancies in Bihar’s SIR process

Anjum’s relentless ground reporting from various corners of Bihar has meticulously exposed a systemic pattern of discrepancies within the ECI’s Special Intensive Revision (SIR) of electoral rolls. His investigations highlighted how clear guidelines are routinely circumvented, such as voters being denied mandated acknowledgment receipts. He also uncovered the absurd reality of Booth Level Officers (BLOs) themselves being supplied with only single copies of forms, forcing citizens to photocopy their own documents – a significant and impractical burden.

His reports have showed the voices of villagers struggling to meet arbitrary documentary demands, vividly illustrating the profound disconnect between policy formulation at higher levels and its challenging implementation at the ground level. He specifically flagged instances where forms were allegedly collected from voters without their full knowledge or were incomplete, asserting that action should be taken against the BDO and SDO, rather than solely blaming BLOs. He cited a news report from Dainik Bhaskar’s Begusarai edition that detailed “massive fraud involving forms” in a block, which he claimed mirrored his findings in Ballia.

Opposition leaders condemn action

The registration of the FIR has drawn sharp condemnation from opposition parties.  RJD leader Tejashwi Yadav took to X (formerly Twitter) to vehemently condemn the FIR, highlighting the ECI’s alleged indifference to “continuous irregularities, malpractices, constantly changing rules, and questions raised by the opposition and voters regarding the voter list revision process.”

He said that “senior journalist Ajit Anjum ji did exactly what an impartial and honest journalist should do immediately when irregularities are found in a crucial democratic process related to voters’ rights. When natural questions were raised about the deliberate irregularities and superficial efforts in the voter list revision process, on what moral grounds did the Election Commission get an FIR filed against Ajit Anjum ji after being caught red-handed? The filing of an FIR by the Nitish government against a senior impartial journalist is utterly condemnable.”

Congress leader Srinivas BV praised Anjum, calling the FIR “a badge of honour for his journalism,” and criticised the current ECI for “sycophancy to power,” alleging it has “forgotten its constitutional responsibility.”

However, the ongoing SIR is an unprecedented exercise initiated by the Election Commission of India in Bihar to update electoral rolls before the November 2025 assembly elections. While the ECI claims it aims for accuracy and purity, concerns have surfaced regarding its legality, arbitrary distinctions between voters, the burden of proving citizenship, and the potential for mass disenfranchisement, especially for migrants and marginalised communities. Petitioners, including ADR and others, argued in the Supreme Court that the SIR disproportionately targets certain groups and might be a de facto citizenship screening.

The Supreme Court on July 10, while not imposing a stay, urged the ECI to expand its accepted documents for identity proof to include Aadhaar, Voter ID, and Ration cards, emphasising that the focus should be on accurate identity, not citizenship.

Related
SC: ECI’s ‘wisdom’ on revision of electoral rolls challenged, does a disenfranchisement crisis loom over Bihar, with thousands being declared ‘‘D’ (doubtful) voters?

Bihar: Sinister move by ECI as ‘intensive’ revision of electoral roles set to exclude vast majority of legitimate voters

The Erased Record: A constitutional challenge to the election commission’s 45-day data destruction mandate

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Behind the numbers: Economist Indira Hirway debunks India’s poverty reduction narrative https://sabrangindia.in/behind-the-numbers-economist-indira-hirway-debunks-indias-poverty-reduction-narrative/ Tue, 15 Jul 2025 04:35:10 +0000 https://sabrangindia.in/?p=42813 A recent article by noted economist Indira Hirway, titled “The Hoax of Decline in Poverty in India” and published in The Wire on July 8, 2025, casts serious doubt on official claims of a dramatic fall in poverty rates in India. Hirway critiques the recent estimates by economists C. Rangarajan and S. Mahendra Dev, which assert that […]

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A recent article by noted economist Indira Hirway, titled “The Hoax of Decline in Poverty in India” and published in The Wire on July 8, 2025, casts serious doubt on official claims of a dramatic fall in poverty rates in India. Hirway critiques the recent estimates by economists C. Rangarajan and S. Mahendra Dev, which assert that extreme poverty declined from 29.5% in 2011–12 to 9.5% in 2022–23, and further to 4.9% in 2023–24—a near 25 percentage-point drop over a decade.

According to the World Bank, using the USD 2.15 per day (2017 Purchasing Power Parity – PPP) international poverty line, extreme poverty in India reportedly fell from 16.2% to 2.3%, translating into around 170 million people lifted out of poverty. However, Hirway contends that this statistical narrative is disconnected from the lived reality of millions of Indians.

“If only 4.9% of people are poor in India, why do 35% of children under five remain stunted, 18.5% wasted, and millions dependent on free food?” she asks, challenging the coherence of official data. She also points out that India is ranked 105th out of 127 countries on the Global Hunger Index, with an “alarming” score of 27.3, and that over 800 million people continue to rely on free grain distributions.

Hirway argues that poverty measurement itself is flawed. She criticizes the Rangarajan Committee’s poverty lines—₹64.66/day for rural areas and ₹91.2/day for urban—as grossly inadequate. “These thresholds are too low to measure meaningful deprivation,” she writes, adding that the World Bank’s USD 2.15 line is also unsuitable for India, a lower-middle-income country where the more appropriate threshold would be USD 3.65/day.

“India’s poverty statistics are not credible,” Hirway states bluntly. “It is time for the country to overhaul its poverty measurement and adopt a more realistic understanding of deprivation and vulnerability.” She notes that 20% of the population is still illiterate, 45% have not studied beyond primary school, and over 90% of the workforce remains informal, lacking any form of job security or social protection.

While acknowledging that economic growth and welfare schemes like food subsidies have played a role, Hirway warns against complacency. “Declaring victory over poverty on the basis of faulty lines hides the structural problems that keep people poor,” she writes.

In conclusion, Hirway calls for a reassessment of India’s poverty metrics: “Poverty is a multidimensional phenomenon. A narrow income-based line cannot capture the lived experience of millions. We must measure poverty in ways that reflect health, education, nutrition, and basic dignity.”

Her article serves as a sobering counterpoint to the optimistic projections of rapid poverty eradication, and a reminder that statistical gains do not always reflect the ground reality of deprivation and inequality in India.

Courtesy: CounterView

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Israel’s Rafah camp – ‘humanitarian city’ or crime against humanity? https://sabrangindia.in/israels-rafah-camp-humanitarian-city-or-crime-against-humanity/ Mon, 14 Jul 2025 05:59:38 +0000 https://sabrangindia.in/?p=42803 Israel’s Defence Minister Israel Katz has announced a controversial plan to move up to 600,000 Palestinians in Gaza into a designated “humanitarian area” on the ruins of the southern city of Rafah. Access to the camp would be through strict security screening to ensure entrants were not Hamas operatives. Once inside, the perimeter would be […]

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Israel’s Defence Minister Israel Katz has announced a controversial plan to move up to 600,000 Palestinians in Gaza into a designated “humanitarian area” on the ruins of the southern city of Rafah.

Access to the camp would be through strict security screening to ensure entrants were not Hamas operatives. Once inside, the perimeter would be sealed off by the Israeli military. Palestinians would not be allowed to leave.

Eventually the camp would house the entire 2.1 million population of Gaza.

Camp construction would begin during the proposed 60-day ceasefire being negotiated by Israel and Hamas

‘Illegal and inhumane’

The plan is illegal, inhumane and risks worsening the humanitarian crisis in Gaza.

The Israeli plan is to eventually force Gaza’s entire population into the Rafah camp. Ariel Shalit/AAP

The forced displacement and containment of any civilian population in an occupied territory is a violation of international humanitarian law.

Done on this scale would constitute a war crime and a crime against humanity under the Rome Statute.

The UN Security Council, UN General Assembly and UN Commission on Human Rights have all condemned instances of forced transfer in armed conflicts.

So too, the International Committee of the Red Cross and the Red Crescent, which have stressed the fundamental prohibition of forced displacement of a civilian population and the need for all parties to respect this prohibition.

For their own protection?

Katz is describing the camp as a “humanitarian city”. The Israeli military says Palestinians would only be contained for their own protection.

As we have seen, civilian displacement is prohibited. But there is an exception if a case can be made either for military reasons or the protection of the population.

However, this exception only exists for as long as the conditions warrant for it to exist. Anyone subject to such an evacuation must be transferred back to their homes as soon as possible.

Imperative military reasons never justify the removal of a civilian population in order to persecute it. The Guiding Principles on Internal Displacement entrenches the duty of international actors to avoid creating the conditions that might lead to the displacement of people.

Aid dilemma

Katz has indicated international organisations would be responsible for managing aid and services inside the area.

But Israel has a history of defying even orders from the International Court of Justice to allow humanitarian aid to reach the Palestinians in Gaza.

If international humanitarian agencies were called upon to service the camp, they would face a dilemma.

They would need to decide whether to cooperate in managing aid under conditions that compromise their neutrality and ethical standards, deny basic human rights and are built on violations of international law.

Aid groups would risk being complicit in a process that sets up a transit camp for Palestinians before possibly expelling them from Gaza altogether.

This “humanitarian city” would essentially become an open-air prison. Palestinians would be reliant on international aid under strict Israeli military control.

Mass expulsion?

Could the Rafah camp be a precursor to mass expulsion from Gaza and what does international law say about that?

The Rafah camp is believed to be a precursor to a mass emigration plan to clear Palestinians from Gaza. Abdel Kareem Hana/Shutterstock

Katz has been quoted saying Israel aims to implement “the emigration plan, which will happen” – meaning Gazans will eventually be forced to leave for other countries.

Changing the demographic composition of a territory – ethnic cleansing – achieved through the displacement of the civilian population of a territory is strictly prohibited under international law.

The idea of displacing Palestinians has long been part of Israeli strategic thinking, but this announcement signals a dangerous escalation and intention to permanently alter Gaza’s demographic landscape through displacement and containment.

Voluntary exodus?

According to Katz, Gazans would have the option of “voluntary” emigration.

Indeed, speaking at the White House this week, Prime Minister Benjamin Netanyahu said there would be no forced exodus from Gaza:

If people want to stay, they can stay, but if they want to leave, they should be able to leave.

But the scale of the humanitarian crisis in Gaza is incomprehensible.

The population has been displaced multiple times and 90% of homes in Gaza are damaged or destroyed. The healthcare, water, sanitation and hygiene systems have collapsed.

On average 100 Palestinians are killed daily as they try to access food.

These crisis circumstances negate the voluntary nature of any person’s consent to either the transfer to the Rafah camp or ultimately, the departure from Gaza.

According to Amos Goldberg, historian of the Holocaust at the Hebrew University of Jerusalem, what the defence minister laid out was clear plans for the ethnic cleansing of Gaza:

[it is] a transit camp for Palestinians before they expel them. It is neither humanitarian nor a city.The Conversation

Shannon Bosch, Associate Professor (Law), Edith Cowan University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Indian Muslims need to be protected as much from the communalism of their co-religionists as majoritarian communalism: In remembrance of CM Naim https://sabrangindia.in/indian-muslims-need-to-be-protected-as-much-from-the-communalism-of-their-co-religionists-as-majoritarian-communalism-in-remembrance-of-cm-naim/ Sat, 12 Jul 2025 05:10:24 +0000 https://sabrangindia.in/?p=42786 An intrepid critique of entrenched and entitled Muslim elites, CM Naim, a historian and essayist, recently passed away at 85. Here his work is remembered for its out of the box thinking and commitment to both the culture and language around Urdu; an essay that recalls his works

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Chaudhry Mohammad Naim (1936-2025)

Born in Barabanki, and having earned various degrees from, and having served in several American Universities (California, Chicago, Minnesota, etc.), C.M. Naim had a rich academic life.

For decades, I have been reading C M Naim, his essays, books, columns, translations…. And just a few months back (on January 4, 2025, to be precise), he wrote to me, on email, to encourage me to keep writing on Aligarh Muslim University (AMU).

His email, verbatim, can be read here:

“Dear Prof. Sajjad,

I’m a retired academic, living now in Chicago.

I have been reading your ‘against the grain’ essays and notes in Urdu and was delighted to read your thoughts on Hameed Dalwai.

Muslim elite of all hues have been suffering this victimhood syndrome. They in fact revel in it. The poor, the helpless, those who had no choice in 1947 and their children and grandchildren have suffered. With no end in sight. While the so-called maulanas have flourished, safe in their sanctuaries. English-speaking Muslim public intellectuals have done the same, secure of acceptance and praise from the liberal non-muslim writers, who do a brave job countering their co-religionists opponents but never challenge Salman Khurshid, Talmiz Ahmad, and so many others who never challenged Nadvis and Tablighis.

Keep up the good work. AMU is a hard place to carry such opinions but someone has to be there to help the young think clearly about their lives in India. Our only bosses/clients in academe are our students. We must be honest with them.

Warm regards,

Naim”


Last year, few of us had thought of suggesting that the AMU requests his consent to accept the AMU-established, Sir Syed Excellence Award. He, however refused, rather bluntly, as he did not have very good memories of AMU! He had quit AMU having taught Linguistics briefly.

My 2014 book on Muzaffarpur begins with a quote from his 1999 book, Ambiguities of Heritage: Fictions and Polemics.

In 2014, there was a controversy around access to the central Library of AMU for the undergraduate girls of the Women’s College. I had written a column, disliked by many, particularly those pretending to be feminists or gender activists. They are those who never speak out against the tormentors of the likes of Shaha Bano (1916-1992) and Shayera Bano.

Naim’s letter to the editor in The Indian Express (13 November 2014) was a source of affirmation for what I had written, concurrently. My Rediff column, “AMU gender row: Reinforcing Muslim stereotypes”, was published (Nov 14, 2014). We were on the same page, on the issue.

Naim wrote:

“I am not an admirer of the Aligarh Muslim University (AMU) administration and am strongly opposed to having retired non-academic institutions simply on the basis of religion. But The Indian Express report (‘Row in AMU Over No Library Access to women undergrads’, IE, November 12) on the alleged discrimination at AMU was merely shrill and did not mention much that was highly relevant. First, the matter concerns only undergraduate students, not all women students. Second, undergraduate students are not denied use of the main library during daylight hours. Third, undergraduate girls live in the hostels of the Women’s College, a long distance away from the main library. For their safety after dark—a responsibility of AMU and a commitment to their parents- they will have to be bussed both ways. Fourth, the College has its own library and reading rooms. Have they been found to be inadequate for the undergraduate students? If so, what are the inadequacies for the undergraduate students and can they be easily removed? As far as I understand, the college library is sufficient for the needs of undergraduate students and also has the ability to obtain books for them from the main library if needed. Fifth, again, at issue are the needs of undergraduate girls living in hostels, many of whom would be considered, “minors” in other circumstances. Should we not seek the opinion of their parents, who have entrusted their daughters to AMU? The tweets and the report both displayed only politically correct reactions, not careful thought”.

  1. M. Naim, Professor Emeritus, University of Chicago

Soon after, he made an intervention into the EPW (Vol. 50, Issue No. 30, 25 Jul, 2015), through a letter to editor. Caption was “Muslim Communalism”. He wrote:

“While I fully agree with the editorial (“Resisting ‘Sustainable’ Communalism,” EPW, June 27, 2015) and appreciate its urgency and concern, I must point out that there is another similarly corrosive “sustainable” communalism, and that is of a large portion of the Muslim community. It is most obviously expressed in what is easily termed as “sectarian” bias and antagonism. This sectarianism has become more and more blatant in recent years. Then there is also that reflexive communalism that is directed against all Muslims who do not contribute to the sectarianism of these people nor to their exclusivism that is directed against all those Muslims whom they derisively call “secular.” It has been quietly accepted by many liberals in the media. Ordinary Muslim citizens of India need to be protected as much from the communalism of their co-religionists as from what is labelled majoritarian communalism.

C M Naim Chicago”

My friend, Syed Ekram Rizwi had reminded me of his 2010 essay, THE MUSLIM LEAGUE IN BARABANKI: A Suite of Five Sentimental Scenes. This was a wonderful read, full of insights, particularly with regard to the way things unfolded during august 1947 to January 1948 and after.

The same year Naim published a wonderful essay, “Syed Ahmad and His Two Books Called ‘Asar-al-Sanadid’”. This was in the formidable academic journal from the Cambridge University Press, Modern Asian Studies (2011). The chief questions that the paper explored, were, “How do the two books differ from some of the earlier books of relatively similar nature in Persian and Urdu? How radically different are the two books from each other, and why? How and why were they written, and what particular audiences could the author have had in mind in each instance? How were the two books actually received by the public? And, finally, what changes do the two books reflect in the author’s thinking?”

Naim’s EPW (April 27, 2013) essay, “The Maulana Who Loved Krishna”, on F H Hasrat Mohani, was a wonderful read, also carried by the Outlook weekly, in its slightly abridged version. This article reproduces, with English translations, the devotional poems written to the god Krishna by a maulana who was an active participant in the cultural, political and theological life of late colonial north India. Through this, the article gives a glimpse of an Islamicate literary and spiritual world which revelled in syncretism with its surrounding Hindu worlds; and which is under threat of obliteration, even as a memory, in the singular world of globalised Islam of the 21st century.

Another essay by him, “The ‘Shahi Imams’ of India”, Outlook, Nov 27, 2014, offered a historically informed critique of the authority handed over to these anti-historical, superficial characters (clergy), by the unsuspecting, gullible masses of Muslims, not without the support of the state actors of the Indian Republic.

C M Naim’s essays on the portal, New Age Islam, are:

(1) Seminar On Iran Held At Raza Library: Should Such Things Happen At A National Institution In India? (30 June 2012)

(2) “Muslim Press in India and the Bangladesh Crisis” (2 Sept 2013): In this he examined how Muslim public opinion responded to the Bangladesh struggle in 1971, how those responses compare with the reactions in Pakistan, and whether that crisis left any lasting effect on the thinking of Indian Muslims.

Going by what Shyam Benegal (1934-20124) argued in his essay, “Secualrism and Indian Cinema” that the film like “Garm Hawa” could have been made only after the Bangladesh (1971) issue which convinced the hitherto un-convinced Muslims of India that religion could not serve as a binding force of nationalism.

(3) “Another Lesson in History” (19 Sept 2013);

(4) “English/Urdu Bipolarity Syndrome in Pakistan” (19 Dec 2014)

(5) “Listen To Sonu Nigam, Please” (20 April 2017)

His essays are available on his website: https://cmnaim.com/; This includes his essays published in the Annual of Urdu Studies (Wisconsin, USA), which he edited too, and his EPW (June 17, 1995) essay, “Popular Jokes and Political History: The Case of Akbar, Birbal and Mulla Do-Piyaza“.

In 2004, he brought out a collection of his essays, Urdu Texts and Contexts. The book primarily focuses on Urdu poetry, offering fresh perspectives on diverse Urdu texts and their significance in India’s cultural history. It explores literary, social, and performative contexts associated with Urdu in South Asia and beyond, addressing themes such as Urdu poetry (including ghazal and marsiya), the sociology of literature, and the social history of Muslims in North India. The essays cover topics like the works of poets such as Ghalib and Mir Taqi Mir, the musha’irah tradition, and the role of Urdu in education and popular fiction. Naim’s accessible yet scholarly approach makes the book valuable for those interested in Urdu literature and South Asian cultural studies.

Naim’s latest (2023) book, Urdu Crime Fiction, 1890–1950: An Informal History, is a meticulously researched exploration of the origins and evolution of Urdu crime fiction, or jāsūsī adab, during its formative years in colonial India. The genre, initially inspired by 19th-century European and North American crime fiction, was adapted into Urdu through translations, transcreations, and original works. The book highlights key figures like Tirath Ram Ferozepuri (1857-1924), who translated over 114 titles (spanning 60,000 pages), and Zafar Omar, whose 1916 transcreation of Maurice Leblanc’s Arsène Lupin as Bahram in Nili Chhatri (The Blue Parasol) became a cultural phenomenon. Other notable contributors include Nadeem Sahba’i, known for imaginative Urdu pulp fiction.

Naim details how Urdu thrillers, with evocative titles like Khūnī Chhatrī (The Murderous Umbrella) and Mistrīz af Dihlī (The Mysteries of Delhi), captivated readers with their “wonder-inducing” and “sleep-depriving” narratives, selling thousands of copies.

These works reflected urban India’s modernity, incorporating elements like mannequins, cameras, and truth serums, while depicting secular spaces—railway stations, public parks, and cinemas—where diverse identities mingled. The book also notes the influence of Western authors like G.W.M. Reynolds and the absence of female Urdu crime fiction writers during this period.

Naim’s primary focus is on the genre’s development before 1950, slightly predating Ibn-e-Safi’s most prolific period. Naim acknowledges Ibn-e-Safi (pen name of Asrar Ahmad, 1928–1980) as a transformative figure who elevated Urdu detective fiction to new heights in the post-independence era.

While earlier writers like Tirath Ram Ferozepuri focused on translations or transcreations of Western works, Ibn-e-Safi’s original stories, blending suspense, humour, and social commentary, popularized the genre further, making it a cultural staple in South Asia.

We will miss the “against the grain” essays of C M Naim which were incredibly historically informed.

Rest in Peace Naim sahib!


Related:

One of Urdu’s Greatest Scholars, C.M. Naim, Passes Away

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