The Supreme Court’s landmark judgment

On February 15, 2024, the Supreme Court of India delivered a historic verdict, declaring the electoral bonds scheme unconstitutional. A five-judge bench led by Chief Justice D.Y. Chandrachud struck down the scheme, citing that it violated the fundamental rights of citizens under article 19(1)(a) of the constitution—the right to freedom of speech and expression, including the right to information. The court ruled that anonymous political donations enabled a quid pro quo system and compromised electoral transparency.

The judgment was a blow to the ruling government, which had vigorously defended the scheme on the grounds of curbing black money in political funding. However, the court found that the scheme instead facilitated opaque financial transactions between corporate entities and political parties, disproportionately benefiting the party in power.

The dubious inclusion in the new income tax bill

Despite the court’s ruling, the recently proposed income tax bill, 2025, shockingly retains provisions related to electoral bonds under schedule VIII, which deals with ‘income not to be included in the total income of political parties and electoral trusts’. Legal experts have suggested that this could be a deliberate move to keep the door open for a modified version of the scheme, or a blatant defiance of the Supreme Court ruling.

The new bill is meant to replace the 64-year-old income tax act, 1961, simplifying tax structures, but it also preserves loopholes that enable anonymous political donations. The State Bank of India (SBI) had issued electoral bonds worth ₹16,518 crore in 30 tranches before the Supreme Court struck down the scheme. With the new bill’s provisions, the government appears to be laying the groundwork for a future reintroduction of electoral bonds, undermining the judiciary’s authority.

ALERT

Electoral bonds have been mentioned in the new Income Tax Bill’s Schedule VIII which deals with ‘Income not to be included in the total income of political parties and electoral trusts’https://t.co/5zQ2WBe1jh

— CommodoreLokeshBatra (@CommodoreBatra) February 19, 2025

This inclusion raises serious constitutional concerns, particularly in light of the doctrine of colourable legislation. This doctrine states that what cannot be done directly cannot be done indirectly. By embedding electoral bonds within the new tax framework, the government is attempting to circumvent the Supreme Court’s ruling through legislative manipulation. The bill, in essence, seeks to reintroduce a scheme that has already been declared unconstitutional, disguising it within a broader tax reform package. Such a move is an affront to judicial authority and undermines the doctrine of separation of powers.

Moreover, this legislative move also violates the well-established principle that parliament cannot pass a law to nullify a Supreme Court judgment. The Supreme Court has repeatedly held that while parliament has the power to enact laws, it cannot override judicial pronouncements declaring laws unconstitutional. The inclusion of electoral bonds in the new bill is a clear attempt to undo the court’s ruling through legislative backdoor tactics. This blatant disregard for judicial authority sets a dangerous precedent, effectively rendering constitutional checks and balances meaningless.

The case against Nirmala Sitharaman

Last year, Union Finance Minister Nirmala Sitharaman and Karnataka BJP Chief B.Y. Vijayendra were under legal scrutiny regarding the electoral bonds case. An FIR was registered against Sitharaman in Karnataka, alleging extortion under the guise of the electoral bonds scheme. The complaint, filed by Adarsh R. Iyer, co-president of the Janaadhikaara Sangharsha Parishath (JSP), accuses Sitharaman and BJP leaders of illegally extracting funds through the covert assistance of Enforcement Directorate (ED) officials, allegedly benefiting by over ₹8,000 crore.

However, the Karnataka High Court swiftly stayed the probe against Sitharaman, raising concerns about judicial interference in politically sensitive cases. Critics then argued that such legal shields reflect a broader trend of political impunity, wherein high-ranking officials evade accountability while citizens are deprived of transparency in electoral financing.

The larger implications

The government’s quiet attempt to reinstate electoral bonds despite a clear Supreme Court ruling is an affront to constitutional governance. It raises several alarming questions:

• Is the government attempting to override the judiciary through legislative subterfuge?
• How can an income tax bill include a provision that the Supreme Court has explicitly deemed unconstitutional?
• Why is the government adamant about anonymous political donations despite widespread public opposition?

These concerns reflect an emerging pattern of governance where constitutional mandates are disregarded, judicial decisions are undermined, and electoral transparency is sacrificed for political gain.

The electoral bond controversy is far from over. The Supreme Court’s ruling against the scheme was a victory for democratic integrity and transparency, but the government’s persistence in reviving an unconstitutional mechanism under the pretext of tax reform exposes its unwillingness to embrace accountability.

As citizens, we must remain vigilant against such systematic attempts to erode democratic institutions. If left unchecked, this could set a dangerous precedent where judicial verdicts hold no weight, and political funding remains a black hole of corruption. The time for demanding accountability is now—before democracy is reduced to a mere facade.

Related

Landmark Ruling: Supreme Court declares Electoral Bond Scheme unconstitutional in unanimous decision, citing violation of right to information

Supreme Court rejects SBI plea for extension in electoral bond case, pulls up the bank for the delay

The post IT Bill, 2025: Constitutional betrayal, reviving electoral bonds under the guise of tax reform appeared first on SabrangIndia.

On March 10, a Kuki-Zo organisation has urged the United Nations High Commissioner for Human Rights (UNHCHR) to recognise the discrimination faced by their community in Manipur, following a violent crackdown on protesters in Kangpokpi on Saturday (March 8). The clashes erupted in response to the Union’s decision to restore free movement in the state by resuming bus services without first addressing the ongoing ethnic conflict between the Meitei and Kuki-Zo communities. The violence left one protester dead and over 40 others injured.

The Kuki Organisation for Human Rights Trust (KOHUR) released a statement on Saturday night, calling on UNHCHR chief Volker Turk to take note of the “gross violation of human rights” against the minority Kuki-Zo people, who they claim are being targeted based on their ethnicity and religion. Their appeal follows Turk’s March 3 address at the 58th session of the Human Rights Council, where he expressed concern over shrinking civic space in India, including the use of restrictive laws against journalists and human rights defenders. On Manipur, he urged greater efforts to curb violence and displacement through dialogue, peace-building, and a human rights-centric approach.

The union had swiftly dismissed Turk’s remarks as “unfounded and baseless.” India’s Permanent Representative to the UN, Arindam Bagchi, responded by urging a “better understanding of India and our civilisational ethos of diversity and openness.”

In protest against the government’s decision to enforce free movement, the Kuki-Zo Council called for an indefinite shutdown across Kuki-Zo-dominated districts on Sunday. The Indigenous Tribal Leaders’ Forum (ITLF) and other Kuki-Zo organisations backed the shutdown, condemning what they saw as the Union’s unilateral move that disregarded the risks of further violence.

The unrest escalated when the Manipur State Transport, acting on the Union’s directive, resumed bus services on March 8, deploying two state-run buses—one on the Imphal-Kangpokpi-Senapati route and another on the Imphal-Bishnupur-Churachandpur route—under the protection of Central Armed Police Forces. Opposing the move, Kuki-Zo demonstrators set up barricades on a national highway using boulders and burning tyres. When a bus entered Kangpokpi, protesters allegedly attempted to block its movement by pelting stones, leading to a confrontation. Security forces responded with force, resulting in clashes that left one person dead and dozens injured.

The ITLF identified the deceased as Lalgouthang Singsit and paid tribute to him, calling his death a “sacrifice” for the Kuki-Zo cause. “We extend our deepest respects to Mr. Lalgouthang Singsit, who gave his life, and to everyone who suffered injuries,” the organisation said in a statement, as per multiple media organisations. “We honour all who stood up for our people.”

With tensions high and the Kuki-Zo community determined to resist what they see as an imposed government policy, Manipur remains on edge. The demand for a political resolution before restoring free movement continues to be at the Union of the community’s resistance, even as authorities push ahead with their plans.

Timeline of events in Manipur

• March 1: Home Minister Amit Shah directs authorities to ensure “free movement” on all roads in Manipur from March 8.
• March 4: Kuki organisations reject Shah’s directive, stating they will not allow the movement of Meiteis through their areas until their demand for a “separate administration” is met.
• March 6: Security forces launch an operation to clear “obstructions” along NH-2 in Kuki-dominated areas, dismantling bunkers set up by Kuki “village volunteers.”
• March 8: Clashes erupt as Kuki protesters block buses and resist the enforcement of “free movement.” Security forces crack down, resulting in the death of one protester and injuries to 43 others.
• March 9: In response to the violence, an indefinite shutdown is imposed across Kuki-Zo-dominated districts.

March 1: Trigger of the protest

The trigger of these protests, which began on March 8 and are still continuing, was a high-level security review meeting chaired by Union Home Minister Amit Shah on March 1 in New Delhi, where the government decided to implement free movement across all roads in Manipur, including major national highways like Dimapur-Imphal-Moreh and Imphal-Silchar via Jiribam, from March 8. To facilitate this, the Manipur government, under heavy security, launched Manipur State Transport (MST) bus and helicopter services from the same date.

Commenting on the situation, Congress Legislative Party (CLP) leader and former Chief Minister Okram Ibobi stated that while Manipur’s people welcomed the Union’s initiative for free movement, the timing of its implementation was flawed. He criticised the government for failing to consult both communities before enforcing the directive and urged a step-by-step approach instead. Ibobi also called on the Kuki community to reconsider the shutdown, arguing that it was not a viable solution.

Meanwhile, Lok Sabha MP Angomcha Bimol Akoijam defended the Union’s decision, stating that the initiative was not a failure but rather a matter of timing. He emphasised that the move represented progress toward restoring peace in Manipur and asserted that blocking highways violated Article 19 of the Indian Constitution.

In addition to this, Home Minister Amit Shah had also firmly stated that the Kuki-Zo community’s demand for a separate administration under Union Territory status in tribal-majority districts of Manipur is non-negotiable. During a recent security review meeting, Shah instructed officials to reject this demand outright. He also directed strict action against armed members of groups that had signed the Suspension of Operations (SoO) agreement with the Union if they were seen carrying weapons in public.

Moreover, Shah ordered the police to closely monitor the movement of individuals between Manipur and Myanmar to prevent overstays beyond the one-week limit set by the Inner Line Permit (ILP). He also directed state authorities to restore all damaged places of worship—including temples, churches, and mosques—as part of efforts to rebuild trust and maintain communal harmony in the violence-stricken state.

Following these directives, Governor A.K. Bhalla held a follow-up meeting with Chief Secretary Prashant Kumar Singh, Director General of Police Rajiv Singh, security adviser Kuldiep Singh, and paramilitary officials. The Governor reiterated the Home Minister’s instructions and called for immediate implementation.

March 1: Kukis demand separate administration before free movement

Kuki organisations have reiterated their demand for a separate administration in the form of a Union Territory with a legislature, insisting that a resolution must be reached before allowing Meiteis to move through Kuki-dominated areas.

On Saturday, March 1, the Kuki Students’ Organisation and the Kuki-Zo Women’s Forum Delhi and NCR staged a demonstration at Jantar Mantar, where scores of Kuki-Zo tribe members gathered, declaring that they could not return to Manipur until the crisis in the state was resolved. Protesters carried placards denouncing former Chief Minister N. Biren Singh, calling his resignation a mere “smokescreen” and holding him responsible for the current turmoil in Manipur.

In a statement issued at the protest site, the demonstrators emphasised that the Kuki-Zo community has long endured historical injustices and demanded an urgent political solution. The statement, copies of which were to be sent to the Prime Minister and Home Minister as a charter of demands, underscored that despite being an integral part of the Indian Union, the Kuki-Zo people have faced systemic marginalisation and exclusion from governance in Manipur.

“The present administrative machinery in Manipur has utterly failed to protect our lives and address our grievances, aspirations, and rights,” the statement asserted, arguing that a separate administration is the only viable path for the emancipation of the Kuki-Zo people.

Key demands raised at the demonstration included:

• Creation of a separate Union Territory with a legislature for the Kuki-Zo people.
• Formation of a committee to prepare a roadmap for the proposed separate administration.
• Protection of Kuki-Zo rights and interests, including land rights, cultural heritage, and linguistic identity.

The protesters maintained that without these assurances, they would remain displaced and unable to return to their homeland.

Kuki Inpi rejects free movement initiative, demands political resolution

The Kuki Inpi Manipur (KIM) has reaffirmed its firm opposition to the Government’s “free movement” initiative, declaring that until a satisfactory political resolution is reached, the Kuki-Zo community must remain resolute against any government action that threatens their rights and interests. In a statement issued today, KIM emphasised that the initiative “poses a serious threat to the delicate balance and order that currently exists.”

The implementation of the policy was met with fierce resistance on March 8, particularly in Churachandpur, Kangpokpi, and other Kuki-Zo-dominated areas. Protesters blocked roads with boulders and debris, while clashes with security forces escalated as stones were hurled at personnel attempting to enforce the directive. The confrontation resulted in the death of Lalgouthang Singsit and left many others, including women, injured.

KIM condemned the government’s approach, stating that allowing Meiteis unrestricted access to Kuki-Zo areas would only exacerbate tensions. “Until a comprehensive political solution is reached—one that ensures lasting peace and respects the aspirations of the Kuki-Zo community—the Kuki Inpi cannot accept this policy, which appears to be designed for temporary peace rather than a genuine resolution,” the statement read.

KIM further urged the Union to adopt a more proactive and justice-driven approach to resolving the crisis, addressing the root causes of the conflict and acknowledging the unique grievances of the Kuki-Zo people, who have suffered immensely due to the ongoing ethnic violence.

“As we mourn the loss of Lalgouthang Singsit, we extend our deepest condolences to his family and loved ones. The Kuki-Zo community must stand united and unwavering against any governmental measures that undermine their rights and dignity,” KIM asserted.

March 8: Violent clashes in Manipur over free movement of vehicles

On Saturday, tensions flared in Manipur as security forces clashed with protesters attempting to block the passage of a bus from the Meitei-majority valley through Kangpokpi. The confrontation resulted in the death of one protester and injuries to several others. This violence followed a directive from Union Home Minister Amit Shah, mandating the free movement of vehicles on all highways in the state. In line with this order, Chief Secretary P.K. Singh flagged off two buses from Imphal Airport to Churachandpur and Senapati, escorted by Central Armed Police Forces (CAPF). However, officials reported that the Senapati-bound bus remains stranded in Kangpokpi.

Protests erupted in the Gamgiphai area of Kangpokpi when demonstrators, primarily from the Kuki-Zo community, blocked National Highway-2 (NH-2) by cutting down trees and throwing stones. Security forces intervened, leading to violent clashes in which one Kuki protester was killed and 43 others, including security personnel, sustained injuries. Manipur Police confirmed that among the injured were 27 security personnel, with two in critical condition. This marks the first fatality since the imposition of President’s Rule on February 13, 2025. Despite the unrest, authorities stated that buses travelling along the Imphal-Bishnupur-Churachandpur route faced no significant disruptions.

The Indigenous Tribal Leaders’ Forum (ITLF), a key organisation representing the Kuki-Zo community, strongly condemned the security forces’ actions in Kangpokpi. In a statement, the ITLF criticised the government’s decision to enforce free movement through Kuki-Zo areas without prior political resolution, arguing that it provoked resistance. The forum endorsed an indefinite shutdown called by the Kuki-Zo Council, urging widespread adherence to the protest. Another Kuki-Zo organisation, KOHUR, alleged that security personnel used excessive force against peaceful demonstrators, some of whom were reportedly singing the Indian national anthem while holding the national flag.

Tensions have been escalating since the government’s announcement on March 1, during a security review meeting chaired by Amit Shah, to ensure unrestricted movement on highways. Kuki-Zo organisations have opposed this move, demanding Union Territory status for their areas before allowing free movement between the hills and the valley. On Saturday, protesters escalated their demonstrations by allegedly pelting stones, using catapults, and blocking the roads with boulders, felled trees, and burning tyres. Clashes intensified when shots were reportedly fired from within the protesting crowd, prompting security forces to retaliate. In the ensuing violence, 16 protesters were injured, and two security vehicles were set on fire.

As per multiple media reports, the unrest also impacted a peace march by the Federation of Civil Society (FOCS), a Meitei organisation, which was halted by security forces at Sekmai before reaching Kangpokpi. Meanwhile, a Manipur State Transport bus en route to Senapati was unable to proceed past Keithelmanbi, approximately 5 km from Kangpokpi district headquarters, due to roadblocks and renewed clashes. As the situation escalated, protesters torched a Border Security Force (BSF) vehicle, prompting further retaliation from security personnel.

In response to the unrest, a large deployment of security forces, including both Union and state personnel, has been stationed in Kangpokpi, Churachandpur, Tengnoupal, Pherzawl, and Jiribam districts. Senior officials are closely monitoring the situation, though authorities reported no major incidents on Sunday. However, the indefinite shutdown called by Kuki-Zo groups has severely impacted daily life in Kangpokpi and partially affected other Kuki-Zo-dominated districts. Activists and volunteers have erected blockades on key highways, while businesses and markets remain closed in protest against the government’s decision.

The situation remains volatile as tensions between the Meitei and Kuki-Zo communities continue to fuel unrest in the region.

March 8: Crackdown on Kuki-Zo women protesters sparks outrage

The Kuki Women Organisation for Human Rights (KWOHR), Sadar Hills, has strongly condemned the alleged security forces’ crackdown on “unarmed Kuki-Zo women” protesting in Kangpokpi District on International Women’s Day.

According to the organisation, security personnel forcibly dispersed demonstrators at Gamgiphai and Keithelmanbi Military Colony, resorting to lathi charges and firing rubber bullets against protesters opposing the government’s decision to reopen roads in the conflict-ridden region. The violence left over 70 women injured, with 31 sustaining serious wounds. The situation escalated further when 30-year-old protester Lalgouthang Singsit tragically lost his life during the clash.

KWOHR asserted that the protest was a response to the ongoing persecution of the Kuki-Zo community, citing widespread incidents of rape, torture, and violence over the past 22 months. The demonstrators also sought to challenge what they perceive as a unilateral decision by Governor Ajay Bhalla and Home Minister Amit Shah to forcibly open roads without addressing the security concerns of the Kuki-Zo people.

The organisation accused security forces of disproportionately targeting Kuki-Zo civilians while overlooking their suffering. It highlighted the community’s isolation from essential services—including hospitals, airports, and educational institutions—since ethnic violence erupted on May 3, 2023.

“Is this the peace we are expected to embrace under President’s Rule?” KWOHR questioned, criticising the government’s approach to restoring normalcy. The organisation further challenged the authorities to ensure true democratic dialogue by engaging all stakeholders, including the Kuki-Zo community, rather than consulting only Meitei organisations.

Raising concerns over the government’s push for free movement, KWOHR questioned whether it genuinely served all communities or was designed to benefit valley residents at the expense of the hill population. “Is free movement meant only for the Meiteis while the Kuki-Zo people remain cut off from vital resources?” the organisation asked.

KWOHR has demanded accountability for the excessive use of force, calling for an immediate investigation into the actions of security personnel responsible for the fatal shooting and the violent suppression of peaceful protests.

March 9: Kuki-Zo groups intensify protests amid indefinite shutdown in Manipur

Kuki-dominated areas in Manipur remained tense on Sunday as agitators continued to enforce an indefinite shutdown in protest against the Union’s directive to restore free movement on highways. The shutdown, called by the Kuki-Zo Council (KZC), brought normal life to a standstill across Kangpokpi, Churachandpur, Tengnoupal, and Pherzawl districts, with major roads blocked and businesses shuttered.

In Kangpokpi district, reports emerged of security forces clashing with Kuki-Zo protesters attempting to block roads at several locations. While it remains unclear whether there were further injuries, tensions ran high as demonstrators also enforced shutdowns in other Kuki-dominated regions. PTI reported that in Churachandpur and Tengnoupal, protesters set tyres ablaze and erected boulders to obstruct roads, prompting security personnel to intervene and clear the blockades. Few vehicles were seen plying the roads, and agitators urged residents to stay indoors.

Amid mounting anger, Kuki-Zo groups are expected to intensify their demonstrations, demanding the immediate removal of Kangpokpi Superintendent of Police Manoj Prabhakar. At Kangpokpi District Hospital, Kuki-Zo women gathered to mourn the death of the young protester, whose body remains in the morgue. Ng. Lun Kipgen, spokesperson for the Committee on Tribal Unity (CoTU), condemned the alleged brutality of security forces and urged the Governor of Manipur to dismiss the SP.

The indefinite shutdown, which began at midnight on Saturday, has effectively halted the government’s efforts to restore free movement across the state. As tensions continue to rise, the impasse between the Kuki-Zo community and the Union underscores the urgent need for a political resolution to address the grievances of the tribal groups and restore lasting peace in Manipur.

Related:

Manipur Chief Minister N Biren Singh resigns amid political turmoil and ethnic unrest

Supreme Court seeks forensic report on audio recordings alleging Manipur CM’s role in ethnic violence

Divided & strife-torn Manipur: intensified violence, abdication by state & union governments, demands of accountability from BJP MLAs

Fresh violence grips Manipur: Clashes in Jiribam and widespread protests after rape and brutal killings

The post Manipur tensions escalate over free movement policy: Kuki-Zo resistance and government crackdown appeared first on SabrangIndia.

Dhirendra K. Jha’s new book, “Golwalkar: The Myth behind the Man, The Man behind the Machine” says this: “Golwalkar’s promise of denying Muslims citizens’ rights is being lived out, from the legislature to the rhythms of their daily lives. Politically, they have been virtually invisibilised… All this enjoys such widespread approval in the Sangh Parivar because it corresponds to Golwalkar’s ideas and the historical destiny he set out for the RSS—to convert India into a Hindu Rashtra….” [1]

Then comes the commentary on Golwalkar’s book “Bunch of Thoughts”:

“…A fact that stands out is that the idea of ONOE closely resembles the vision of Madhav Sadashiv Rao Golwalkar, the second chief of the Rashtriya Swayamsevak Sangh (RSS). Golwalkar was a strong advocate for a country with a unitary form of government…. In his famous 1966 book Bunch of Thoughts–which is considered as the bible of the RSS–Golwalkar, who at the time was the sarsanghchalak of the RSS, had lambasted the federal structure of India, with the word “One Nation” figuring multiple times in the book.” [2]

Now, note this latest on ONOE: “Former Chief Justice of India (CJI) UU Lalit told a joint parliamentary committee that he supported the larger plan of simultaneous elections but added that it cannot be rolled out in one go and would require several phases, according to people aware of the matter.” [3] He pointed out that any “substantive curtailment” of the tenure of the state assemblies—one of the steps suggested by a high-level committee led by former President Ram Nath Kovind—can lead to justifiable legal challenges over violation of the Constitution’s basic structure doctrine.

These developments come close on the heels of the (once again) arbitrary appointment of a Chief Election Commissioner (CEC) –Gyanesh Kumar–who has reportedly worked closely with the Union Home Minister.[4] To facilitate these moves, his illustrious predecessor has successfully weaponised India’s Election System (IES) and has now retired to the Himalayas to ‘detoxify’ himself![5] Recent moves by the Modi regime –ignoring a November 2023 judgement of the Supreme Court[6] — have brought the appointment of Election Commissioners totally under the purview of the political executive and government of the day. In 2023, post the passage of the five member judgement, the Union Government hastily enacted a law in contravention of the Court’s conclusions. [7]These moves have destroyed whatever was left of the independence and integrity of the ECI.

It is the constitutional right of universal adult franchise, guaranteed under Article 326 of the Constitution of India that grants the right to vote to all adult citizens, irrespective of their caste, creed or religion. It is this right that makes the minority communities at par with the majority and the depressed castes equal to privileged castes. The recently weaponised IES however, threatens this constitutional core by making possible large-scale spurious injection of votes through questionable, non-transparent practices on the one hand and deletion/exclusion of targeted sections of voters on the others. This has lead and is leading to the stealing of a genuine people’s mandate. If unchecked at this stage, this could render the right to universal adult franchise meaningless!

The EVM-centred IES has four critical components. Microchips to record the votes as cast by the voter, Voter Verifiable Paper Audit Trail (VVPATs) to audit and verify that the votes are counted as recorded and Symbol Loading Units (SLUs) that upload the name and symbol of the candidates contesting on a particular seat on VVPAT or paper trail machines roughly 10-15 days before. The fact that post 2017, the EVS (electronic voting system) is no more stand-alone but linked to the internet with the SLU having a labile memory has made the system susceptible to manipulation/meddling. The fourth critical component in the IES is Electoral Roll which is the voter’s list.

The integrity of the microchips in the SLU is suspect because only a select few from the ECI, government and directors on the board of public sector undertakings BEL and ECIL—found to have links  with the ruling Bharatiya Janata Party (BJP) know about their design and source. [8] According to technical experts, the EVM contains multiple labile memories that records each vote as it is cast. The system also has the key to candidate mapping in the labile memory since this varies in each constituency and is needed to print the contents of each VVPAT slip.[9] The presence of labile memory implies that those values can be manipulated if access is available in any manner, externally. Some manipulations may not leave any trace and will not be visible in a forensic investigation. What is worse, SLUs are not subject to any security protocol! The SLU is not, after or before election stored in the strong-room.

While hearing a petition by the Association for Democratic Reforms (ADR), on whose plea the court had given its April 2024 order to verify the microchips in 5% of EVMs in an Assembly constituency, the Supreme Court asked the ECI to ensure that no data is deleted from the EVMs. After the court order in April 2024, the ECI came out with its SOP for checking and verification in July 2024 which states that a mock poll of up to 1,400 votes per machine will be conducted and the result tallied with the VVPAT slips ( If the results match, the machines would be considered to have passed the test.) ADR has argued that the SOP does not provide for actual verification of the microchips installed in the EVMs and VVPATs. [10]The entire thing appears to be a farce and ECI appears determined on protecting the microchips that seems to have been compromised!

To make the EVM system auditable and voter-verifiable, Supreme Court had, in 2013, ordered introduction of VVPAs. But in defiance of this order of the Supreme Court, the ECI, in February 2018 directed State Chief Electoral Officers to mandatorily verify VVPAT slips in only one randomly selected polling station in each assembly constituency.[11] This abysmally low 0.3% sample size defeated the very object of installing VVPATs in all EVMs which is also tantamount to a non-implementation of Supreme Court Order. Inexplicably and unfortunately, the ECI, through bluff and bluster has succeeded in obfuscating this core issue since, in subsequent hearings before the same court.

According to experts, this deliberate denial of verifiability and auditability has facilitated spurious injection of votes in various constituencies by the hiking of vote percentages in all phases of polling. There are astounding mismatches/spikes (7 to 12%) between the figures of votes polled and made available immediately after polls and before counting in the 2024 Lok Sabha as well as to the state assemblies of Haryana and Maharashtra which have become the subject of raging controversy. This, coupled with the failure of the ECI to provide 17-C forms -the ultimate arbiter/proof of votes polled–to all candidates/their agents and also to make these public, have triggered the suspicion of ‘stealing of mandate’, an allegation that has gained wide currency. 

Another layer of manipulation

In July 2023, Dr Sabyasachi Das of Ashoka University published a report called “Democratic Backsliding in the World’s Largest Democracy” which outlined two manipulations in detail that were carried out in the 2019 Lok Sabha elections.

1) Registration manipulation, which is the padding of the electoral roll. By adding and deleting voters strategically. By manufacturing fake voters, most, if not all, of whom vote for the BJP.

2) Turnout manipulation, which is the addition of voter tallies after the polls have closed-most, if not all, of whom vote for the BJP.[12]

Examples were given, claims supported. Soon thereafter Ashoka University was raided[13] and given a strict warning by the Government. Dr Sabyasachi Das was fired thus, giving a clear signal to all universities and institutions in India, to not pursue any research pertaining to the electoral system in India. I have myself experienced this in another leading private university.[14]  In the 2024 Lok Sabha election, arguably, Das’s findings could be said to have come true. There are well-documented data analysed reports that suggest that electoral manipulation has –for the past six years at least– been pursued in a systematic manner.

Linking Aadhar with the Voter ID could also facilitate ‘registration manipulation’ causing mass disenfranchisement.[15] This linkage could well be the cause for the current controversy concerning duplicate Electronic Photo Identity Cards (EPIC) which has been raised by West Bengal’s Trinamool Congress (TMC) and admitted by the ECI! [16]

The root cause behind the voter registration manipulation is Rule 18 of the Registration of Electors Rules, 1960, which allows for deletion of voter data without notice or an opportunity to be heard by the affected citizen. And, tragically, the Supreme Court allowed this unconstitutional rule which violates the basic right of the citizen to stay in the statute book. [17] This has led to large scale deletion/addition of votes just before elections as was exposed in Maharashtra.

Muslims, Christians, Dalits and Adivasis are the main targets for this “electoral roll purge.” For the 2019 Lok Sabha election India had nearly 900 million registered voters and there has been reports of mass deletion of names from voters’ lists from Assam, Andhra Pradesh, Uttar Pradesh, Karnataka, Uttarakhand and Delhi. An initiative called Missing Voters, estimates that a whopping 120 million Indians are not on the voters’ lists. Of these around 40 million are Muslims while 30 million are Dalits.[18]

 One example six years ago, from the south reveals how voters from the miniscule Christian community have been possibly disenfranchised.[19]  The case of the Kanyakumari Constituency in Tamil Nadu with about 16 lakh (1.6 million) voters’ 45% of whom are Christian and about 5% Muslim—during the 2019 Lok Sabha elections here, in this constituency, more than 30,000 votes were found to be deleted. 

The outcome of such disenfranchisement is already visible: “The eighteenth Lok Sabha (2024) has the lowest share of Muslim MPs in six decades. Less than 5% of its members currently are Muslims despite people from the community forming over 15% of the country’s population. In total, there are currently 24 Muslim MPs (4.4%) in the Lok Sabha. Notably, the record low occurred despite a considerable spike in the share of Muslim MPs from the Indian National Congress, the second-biggest party in the current Lok Sabha. The party with the most members in 2024, Bharatiya Janata Party (BJP), has no representatives from the Muslim community currently. In fact, the decline in the share of the Muslim MPs in the Lok Sabha, in the 1990s, coincided with the rise of the BJP, whose total MP tally crossed the 100 mark for the first time in the 10th Lok Sabha (1991-96).” [20]

Across India’s 28 states, Muslims hold roughly 6% of the seats in state legislatures, which is less than half of their national population percentage. The representation of Christians is no better.

As of the latest available data, during Prime Minister Narendra Modi’s tenure, there is almost total absence of Muslim and Christian ministers in the union cabinet.

KB Hedgewar, founder of RSS had openly declared that its aim was not to oppose the British and join the movement for independence but to oppose the yavana (barbarian) snakes (Muslims), who are our real enemies. [21]His lieutenant, MS Golwalkar, who, since June 1940, had been the sarsanghchalak (supreme leader) of RSS, went further and wrote this in 1938: “The non-Hindu people in Hindustan must adopt the Hindu culture and language, must learn to respect and hold in reverence the Hindu religion, and must entertain no idea but those of the glorification of the Hindu race and culture… They may stay in the country wholly subordinate to the Hindu nation, claim nothing, deserve no privileges, far less any preferential treatment, not even citizens’ rights. (Book: We or Our Nationhood Defined).[22]

It is the same Golwalkar who had also given this dastardly call: “Hindus, don’t waste your energy fighting the British; save your energy to fight our internal enemies, which are Muslims, Christians, and Communists.”.[23] Which better way of ‘finishing of’ these ‘internal enemies’ than disenfranchising them!! This could be achieved by the weaponised IES as eloquently displayed in Maharashtra where RSS originated and is headquartered! As it is excessive governmental authority, money power, media surrender and non-implementation of Model Code of Conduct (MCC) have ensured that there is no level playing field!

Now, because of the near total, apparent, caving-in of the political opposition there is a strong possibility that this modus operandi could be replicated throughout the country including the Dravidian fortress of Tamil Nadu. The way IES is being weaponised was discussed and debated at the one-day Civil Society-Political Parties Conference hosted by Constitutional Conduct Group (CCG) on August 13, 2022 wherein eleven opposition parties participated and resolved to fight against ‘misuse’ of EVMs, money power and media.

The Conference claimed that EVMs cannot be assumed to be tamper-proof and resolved thus: “The voting process should be redesigned to be software and hardware independent in order to be verifiable or auditable. The VVPAT (voter verifiable paper audit trail) system should be re-designed to be fully voter-verified. A voter should be able to get the VVPAT slip and cast it in a chip-free ballot box for the vote to be valid and counted.”[24]

At the time, two years ago, the Indian National Congress (INC) assumed the responsibility to take this resolution to the ECI and carry it forward. But this never happened. Nevertheless, citizens did not relent and, in August 2023, submitted a Memorandum to ECI signed by about 10,000 voters making the same specific demand. There has been no response from ECI, to date.

Citizens and civil society kept up the pressure on the INDIA Block emerged thereafter and succeeded, to some extent, in moving them. Leaders of 28 opposition parties meeting at Mumbai in December, 2023 resolved thus: “INDIA parties reiterate that there are many doubts on the integrity of the functioning of the EVMs. These have been raised by many experts and professionals as well…. Our suggestion is simple: Instead of the voter-verified paper audit trail (VVPAT) slip falling in the box, it should be handed over to the voter who shall then place it in a separate ballot box after having verified his or her choice. 100% counting of VVPAT slips should then be done. This will restore full confidence of the people in free and fair elections.”[25]

The resolution was adopted unanimously and the task of conveying this to the ECI was given to the General Secretary, Communications of the INC. Instead of following this agreed upon path, the G-Sec kept writing to ECI seeking appointment which was never given![26]

The repeated, almost wilful sabotage of this resolution and not conveying it to the ECI and backing it up with mass action has cost INDIA Block dearly. This is the main reason why they lost out in the 2024 parliament election when people had actually given the mandate in their favour.

Soon after the 2024 Parliamentary elections, Vote for Democracy (VFD) published a report presenting data that suggested that in at least 79 Constituencies across the country “people’s mandate” had not been reflected in the results.[27] This was in July 2024. The Opposition almost entirely ignored this Report.[28] In fact, while BJP kept silent, it was the INC’s “Election Expert” Yoginder Yadav who not only ruthlessly attacked this Report but hailed the EVM! [29] A complete rebuttal of this authored by this writer was not published by the newspaper.

Despite all these sabotage from within on Constitution Day-2024 (November 26), the AICC president Mallikarjun Kharge called for a ‘Bharat Jodo Yatra’ like campaign to mark the return of ballot papers in elections. “We don’t want EVMs, we want ballot paper,” he said at the party’s Constitution Day event at Delhi’s Talkatora Stadium.[30] Rahul Gandhi, the former president AICC also spoke against EVM publicly on several occasions.

However, when, on February 2, 2025 the INC formed “Empowered Action Group of Leaders and Experts, or EAGLE, to keep a “bird’s eye view” of elections in the country and “monitor the conduct of free and fair elections by the Election Commission of India,” directly reporting to Rahul Gandhi, there was no mention of the problems in the EVS or the campaign announced by Mr Kharge. In a subsequent press conference Rahul Gandhi dodged a question on the campaign and told a media person that the party was seeking “judicial remedy”.

Thereafter, , Jairam Ramesh, General Secretary of the party, without any previous intervention, rushed to the apex court challenging the amendment of Rule 93(2)(a) of the Conduct of Election Rules, 1961, by the union law ministry on the recommendation of the ECI. This amendment –a response to advocates and citizens concerted efforts to access video and electronic data—was aimed at denying access to electronic materials such as CCTV footage, webcasting videos and recordings of candidates, citing ‘concerns over potential misuse’.[31] Just when the matter had built strong public opinion, this move within the courts is likely to see more obfuscation by the ECI –in denying information to citizens.

The lukewarm responses by the main opposition parties to this subversion of India’s entire electoral process, suggests a cynical abdication of the gritty battle to reclaim institutional autonomy and democracy. The Trinamool Congress (TMC) seems to be the only exception. Weeks ago, they have taken the offensive on the manipulation the EPIC numbers (for voters) that they have exposed. According to a TMC leader, “Since EPIC number is linked to voter details, a duplicate EPIC number will lead to denial of voting rights. The EC handbook clearly states that EPIC numbers are supposed to be unique. It is impossible for voters in two different assembly constituencies to have the same first three letters. Voters in different states have been found to have the same EPIC numbers.” And the party has dared the ECI to come clean on this.[32] Admitting their guilt but seeking shelter behind the ‘vast electoral voter data base’, the ECI has so far escaped a united Opposition’s wrath.[33]

Despite this exposure coming from West Bengal, a state that goes to the polls next year, the “technical expert” of the AICC, Praveen Chakravarty — like some of the other opposition leaders– appears to be distinguishing between the allegations of voter list manipulation and previous claims about EVM tampering. “It is very clearly electoral rolls,” Chakravarty said. “What else? I don’t know. But voter lists for sure.”[34] This stand deifies logic given evidence of huge shift in data parameters by the ECI (not releasing actual voter data, only percentages, not releasing evidence of post voting time, voter slips or video etc.). Surely such a gross manipulation of the electoral rolls is only one part of a weaponised IES in which EVMs form the epicentre?

It is critical and crucial that –before one more state election is “lost” despite being won –that the Opposition makes this clear subversion of the IES a top priority to reclaim democracy and every Indian’s constitutional right to exercise her or his franchise.

[The author is Coordinator, Citizens Commission on Elections. He is the Editor of the Book: “Electoral Democracy-An Inquiry in to the Fairness and Integrity of Elections in India.” (Paranjoy-2022)]

Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.

[1] https://www.thehindu.com/opinion/interview/violent-religion-hinduism-golwalkar-hindu-fundamentalists-india/article69228890.ece

[2] https://thewire.in/books/golwalkar-termed-federalism-as-a-poisonous-seed-onoe-is-a-step-towards-his-goal-of-unitary-govt

[3] https://www.hindustantimes.com/india-news/excji-supports-onoe-but-in-phased-manner-101740510246867.html

[4] https://www.hindustantimes.com/india-news/who-is-gyanesh-kumar-the-new-chief-election-commissioner-101739808991356.html

[5] https://timesofindia.indiatimes.com/india/will-detoxify-myself-go-to-himalayas-cec-rajiv-kumar-on-post-retirement-plans/articleshow/117028628.cms

[6] https://www.scobserver.in/reports/eci-appoinments-judgment-pronouncement/

[7] https://prsindia.org/billtrack/prs-products/prs-legislative-brief-4256

[8] https://thewire.in/government/questions-surround-committee-that-certifies-indias-electronic-voting-machines

[9] Unpacking VVPAT Flaws & Vote Discrepancies: Prof. Harish Karnick Speaks – https://www.youtube.com/watch?v=21KufMCHsA4

[10] https://indianexpress.com/article/explained/what-sc-has-told-election-commission-on-evm-data-9832228/

[11]https://ceohimachal.nic.in/CommonControls/ViewCMSFile?qs=KI3gZ53zz1wW9H2IggWkQt6AMp4fx4pdDgcoJeKb%2BBwmUnuqzkOW5snDCdAHtQjdEkHgdXK4%2B0NNzSjv17ntES7kku8hudlvQAE%2B3mKLq9HdFXwCrLfxHA%3D%3D

[12] The 50-page paper, titled Democratic Backsliding in the World’s Largest Democracy, presents evidence that indicates voter suppression to favour Indian Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP): https://hmpa.hms.harvard.edu/sites/projects.iq.harvard.edu/files/pegroup/files/das-india.pdf

[13] https://www.aljazeera.com/news/2023/8/28/row-at-indias-premier-private-university-sparks-debate-on-academic-freedom

[14] https://ssrn.com/abstract=4512936; https://thewire.in/politics/ashoka-university-facultys-research-paper-on-bjp-manipulation-in-2019-election-triggers-row

[15] https://theprint.in/opinion/aadhaar-linkage-can-sink-indias-electoral-democracy-with-voter-profiling-selective-exclusion/786812/

[16] https://open.spotify.com/episode/5j2DsbneJ84iMiFlo8QtXZ?si=SiZHmNgwT_uEgEkzkfDxDw

[17] https://theprint.in/judiciary/voters-should-be-given-prior-notice-before-deletion-from-electoral-roll-sc-affirms-eci-submission/1705393/

[18] https://www.aljazeera.com/news/2019/4/30/allegations-of-mass-voter-exclusion-cast-shadow-on-india-election

[19] https://www.thehindu.com/news/national/tamil-nadu/chorus-grows-for-high-level-inquiry-into-large-scale-deletion-of-names-from-kanniyakumaris-poll-rolls/article26974782.ece

[20] https://www.thehindu.com/data/data-eighteenth-lok-sabha-has-lowest-share-of-muslim-mps-in-six-decades/article68285104.ece

[21] https://www.globalvillagespace.com/muslims-are-hissing-yavana-snakes-traitors-rssfounders

[22] Craig Baxter, The Jana Sangh: A Biography of an Indian Political Party (University of Pennsylvania Press, p.31)

[23] https://en.wikipedia.org/wiki/M._S._Golwalkar

[24] https://www.hindustantimes.com/india-news/11-opposition-parties-resolve-to-fight-against-misuse-of-evms-money-power-and-media-101660414745490.html

[25] https://www.ndtv.com/india-news/evms-evm-india-alliance-meeeing-india-bloc-pas ses-resolution-seeks-100-counting-of-paper-trail-machine-slips-4705846

[26] https://www.hindustantimes.com/india-news/jairam-ramesh-seeks-cecs-time-for-india-bloc-leaders-to-discuss-vvpats-perfectly-reasonable-request-101704171977163.html

[27] https://votefordemocracy.org.in/wp-content/uploads/2024/07/NEW-Edited-ED-240720-Press-Release-LS-2024-election-English.pdf

[28] https://timesofindia.indiatimes.com/india/report-claims-5-crore-vote-discrepancy-india-bloc-would-have-won-maximum-seats-in-lok-sabha-congress/articleshow/112059094.cms; https://m.thewire.in/article/government/election-commission-must-respond-to-doubts-raised-over-lok-sabha-polls-by-vfd-report

[29]https://indianexpress.com/article/opinion/columns/yogendra-yadav-writes-why-its-time-to-stop-the-conspiracy-theories-about-evms-9571458/.

[30] https://www.hindustantimes.com/india-news/we-dont-want-evms-kharge-calls-for-campaign-to-bring-back-ballot-papers-in-elections-101732617353884.html

[31] https://www.thehindu.com/news/national/election-rules-tweaked-to-restrict-public-inspection-of-electronic-records/article69012490.ece

[32] https://www.hindustantimes.com/india-news/tmc-team-to-meet-cec-amid-row-on-voter-id-numbers-101741460231073.html

[33] https://www.business-standard.com/politics/election-commission-has-admitted-guilt-over-duplicate-epic-numbers-tmc-125030701010_1.html

[34] https://scroll.in/article/1079942/voter-rolls-not-just-evms-how-opposition-is-coming-to-a-new-understanding-on-bjps-alleged-rigging

The post India’s election system is being weaponised, will the Opposition act? appeared first on SabrangIndia.

A 3,500 sq km salt marsh, LRK encompassing Kutch, Patan, Surendranagar, Banaskantha and Rajkot is crucial for inland salt production, contributing one-third of the country’s supply. It is also a key source of ginger prawn exports. Despite such unique contributions, there has hardly been any government effort to ensure dignity of life for the workforce here — one of its manifestations being in the form of medical conditions caused by lack of menstrual hygiene.

There are six salt zones in LRK, where the Scheduled Caste community of Agariyas toil for eight months of the year. During the monsoon period between June and September, the area sees saltwater ingress from the Gulf of Kutch. When the monsoon time ends, worker families arrive mainly from four neighboring districts of Surendranagar, Patan, Rajkot and Kutch and settle in makeshift sheds for the next eight months.

Water scarcity is a silent predator in LRK, birthing a cascade of health crises stemming from lack of menstrual hygiene. Jauriben Chhotabai, a salt worker in Surendranagar, attests this, so do Jalpa (18) who suffers from infections and white discharge and Vimla who deals with painful urination.

If neglected, lack of menstruation hygiene can lead to toxic shock syndrome, reproductive tract infections and other vaginal diseases. Excruciating abdominal pain, medically termed as painful cramps, accompany these conditions. Bhartben Shailbhai (19), a salt pan worker from Gosana village in Dasada taluka of Surendranagar district, has been going through it every month for the past three years. According to her, medical treatment has not helped.

“The pain begins in my lower abdomen and spreads to my back and thighs,” she says, her voice heavy with despair.

“Once trapped in an infection, liberation from it seems incredibly difficult. The lack of water prevents proper cleaning of private parts. Using the same cloth repeatedly after washing during menstruation makes their problem even more severe,” notes Jairambhai Devabhai Savalia, the secretary of Narayanpura Cooperative Society at Patdi in Dasada taluka.

Women work in salt pans for more than 10 hours a day. Those leasing salt pans enter into verbal agreements with ancestral producers, ensuring a share of salt revenue. Heenaben Jagabhai Khakariya (24) from Kesariya village of Lakhtar taluka in Surendranagar district claims that she has not been able to seek treatment for dysmenorrhea due to her demanding job. She tried traditional methods like carom seeds in lukewarm water to relieve pain, but without much effect.

Pankti Jog, an advocacy coordinator at JANPATH, a collaborative forum based in Ahmedabad, remarks that the struggles of women workers in LRK does not end with water scarcity. “They have severe menstrual hygiene management challenges due to lack of hygiene resources such as clean water, soap, sanitary pads and toilets, leading to infections and waterborne diseases,” she says.

No government medical facilities are available in LRK. However, there are primary health centres (PHCs) in Kutch, which function well. Even if they somehow get access to these PHCs, the women workers will not make use of them, thanks to the stigma surrounding menstruation and unwillingness to consult male doctors.

A duty forgotten

Dr Viren Dosi from Bhansali Trust has been serving the salt workers of Santalpur in Patan district for two decades. He stresses that providing free water is the duty of state government. Yet, Agariyas are left parched in most areas of LRK.

“In Surendranagar, water charges are based on salt production units (paatas), costing Rs 900 per month. Tankers deliver only 500 litres every five to seven days, forcing families to ration every drop. Women suffer the most, with inadequate water exacerbating menstrual hygiene struggles,” says Sahiya from Bhalot village of Kutch’s Anjar taluka.

“Bathing is a once-a-week affair; utensils are washed with the same water for days,” shares Ramaben from Patdi in Surendranagar. With no government water supply, the Agariya community is forced to rely on private tankers that charge Rs 1,200 to Rs 1,500 for 500 litres.

Speaking to 101Reporters, Dr RB Singh, Taluka Health Officer, Santalpur, highlights state’s efforts to improve menstrual health in LRK, “where a mobile medical van visits salt workers weekly”. While sanitary pads are distributed, challenges like limited water availability and infrequent visits from health units remain. The health workers try to visit at least once in 10 days, but local weather, uncertain temperature and dusty winds pose problems.

On menstrual health issues, the health department officials simply say that they are spreading awareness. When asked about the lag in capacity building, they outright refuse to acknowledge the truth.

The right approach

The Menstrual Hygiene Scheme under the National Health Mission aims at improving menstrual hygiene, especially in rural areas, by providing free or affordable sanitary pads. Despite its goals, these provisions are absent in the LRK region. Awareness programmes and safe pad disposal initiatives are conducted, with training for anganwadi workers. However, questions remain about the state’s commitment to these programmes, particularly in Agariya settlements.

The scheme aims at reducing unhealthy practices, improving health and eliminating menstruation stigma, yet environmentalist Mudita Vidrohi highlights concerns over its execution. “A multi-dimensional approach is essential. It should include information and education to address gender equality standards and the stigma surrounding menstruation,” she says.

“There must be an adequate number of safe and private toilets, easily accessible water facility for hygiene purposes, culturally appropriate menstrual products and materials [such as cloth, pads], socially and environmentally suitable methods for the disposal of used sanitary materials, private washing/drying facilities for clothes, practical information on maintaining hygiene during menstruation and supportive healthcare services,” Harinesh Pandya of Agariya Heet Rakshak Manch tells 101Reporters.

Ahmedabad-based writer Preeti Jain Agyat stresses the importance of linking anganwadi centres and midday meal workers to a system of providing sanitary napkins for women and girls.

“Regular supply of sanitary pads is essential. Corporate Social Responsibility can play a crucial role in eliminating these issues in Kutch. Activating panchayats and involving non-governmental organisations in this campaign could also make a significant impact” says Jog.

On dealing with water scarcity, Bharat Somera, a social activist based at Patdi in Surendranagar district, says, “During the British era, water was supplied through pipes over a limited distance of five to eight km in LRK. There is a need to revive and expand this pipeline. Additionally, the daily water supply needs to be ensured, and the amount of water per household should be increased.”

Asked if it is possible to effectively address the issues of water supply and women’s health in Kutch, Pandya retorts, “Why not? If the vibrant Rann Utsav flourishes in the desert, surely this challenge is within reach. What is required is the resolve of our leaders and bureaucracy.”

Amarendra Kishore is a freelance journalist and a member of 101Reporters, a pan-India network of grassroots reporters. 

Courtesy: Newsclick

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The book serves as a wake-up call to the gross human rights violations inflicted on thousands of undertrials. Kolhatkar’s detailed discussions—some spanning multiple meetings—reveal personal anecdotes from the prisoners’ time behind bars. She brings to light not only their experiences but also the deplorable prison conditions, including issues related to space, hygiene, medical care, and food. The research offers a comprehensive and disturbing insight into life within prison walls, particularly how conditions deteriorated to near-unbearable levels during the COVID-19 pandemic, with grievances left unaddressed.

Beyond its urgent call for prison reforms, The Feared is also a compelling narrative of resilience, courage, and endurance. It captures stories of solidarity and the unexpected bonds formed in confinement. Kolhatkar interviewed members of trade unions, communist parties, and even the Shiv Sena, providing a diverse spectrum of perspectives. Above all, she underscores the critical role of journalists as the fourth pillar of democracy—a role that is rapidly eroding.

The book features conversations with political prisoners such as Sudha Bharadwaj, Nilofer Malik, Sameer Khan, Koel Sen, Prashant Rahi, Shikha Rahi, Sanjay Raut, Kishorechandra Wangkhem, Anand Teltumbde, Rama Ambedkar, Binayak Sen, Kobad Gandhy, Muralidharan K, and P. Hemlatha. These interviews introduce an element of suspense and unpredictability as they explore the circumstances of their arrests and the harsh realities of their incarceration.

Kolhatkar offers one of the most incisive examination of the growing fascist tendencies within the Indian state. She highlights how the ruling BJP has dealt a severe blow to the fabric of democracy and the Constitution. The book not only documents the erosion of human rights but also ignites a call for resistance against neo-fascist injustice. The interview with Sudha Bharadwaj, in particular, stands out as deeply moving.

Drawing parallels between India’s political prisoners and the treatment of dissenters under Nazi Germany in the 1930s, Kolhatkar examines the fascist nature of laws like the UAPA. She also references Peter Benson’s research on political prisoners in Portugal during the same period.

The book provides an in-depth psychological analysis of imprisonment, revealing how incarceration often strengthens a prisoner’s resolve rather than breaking their spirit. Through meticulous research and extensive conversations with prisoners and their families, Kolhatkar uncovers the lasting psychological scars inflicted by prolonged incarceration. She notes, “The first night in jail is reputed to be the hardest. After that, you learn how to survive, though many prisoners carry lifelong scars.”

Kolhatkar also shares her motivation for writing The Feared, emphasizing the need to shift public perception about political prisoners. She states, “People assume that if someone is behind bars, they must have done something wrong. It’s time we understand that being imprisoned doesn’t necessarily mean guilt. One of the aspects I wanted to highlight was the mental toll on prisoners and their families. Even after acquittal, many continue to live in fear because the legal battle never truly ends.”

The book features a powerful introduction by Julio Ribeiro, who examines the stripping of human rights from prisoners and critiques India’s growing neo-fascism. He condemns the hypocrisy of a nation striving for economic supremacy while suppressing fundamental freedoms. Ribeiro provides a gripping account of the injustices faced by Sudha Bharadwaj in Yerawada Jail, Pune, and Byculla Jail, Mumbai, and the ostracisation of Varavara Rao, who was denied contact with his family. He also recounts the unjust incarceration of Kishore Chandra Wangkhem in Manipur for opposing the glorification of the Rani of Jhansi.

Justice Srikrishna, in his foreword, discusses the prolonged incarceration of political prisoners and the grim state of Indian jails. He stresses the importance of upholding free expression, regardless of ideology, and condemns the practice of imprisoning individuals merely to silence dissent. He remarks, “I am a Hindu, but that does not mean I should hate someone who isn’t or put them behind bars. These political prisoners have not been convicted of any crimes, yet they remain incarcerated. Even if a person is convicted, they do not cease to be human, even though some of their constitutional rights may be restricted.”

At the book launch, senior advocate Aspi Chinoy also shed light on the appalling state of Indian prisons, emphasizing that “any self-respecting civilized nation cannot allow such conditions to persist.” He pointed out that political prisoners like Gautam Navlakha, Sudha Bharadwaj, Varavara Rao, and Arun Ferreira, accused in the Bhima Koregaon case, have been acquitted in most of the cases against them. “The goal is not to convict them but to detain them indefinitely. People are jailed for years simply because of their political beliefs. Anand Teltumbde was denied a mosquito net, and Father Stan Swamy was denied a sipper. Indian jails are overcrowded, lacking even basic necessities. They should not be turned into concentration camps,” he added.

Kolhatkar expresses deep gratitude to those who supported her in bringing The Feared to life, including Sanober Keshawar, Freny Maneckshaw, Susan Abraham for documentation resources, Ramya Sharma for encouragement, and Carol Andrade, Father Rudy Heredia, Rupa Pannalal, Mondipa Mukherjee, and Advocate Sunip Sen for moral support. 

(The author is a freelance journalist)

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Weavers of Banaras are forced to work for less than the minimum wage

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The Prudent Electoral Trust donated Rs. 723 Crore to the BJP; Rs. 85 Crore to the Bharat Rashtra Samiti (BRS)–the then ruling party in the state of Telangana; Rs. 72.50 Crore to the YSR Congress-the then ruling party in Andhra Pradesh. During the fiscal year 2023-24, electoral trusts received 51.23% of their total donations, amounting to Rs 624.195 cr, from the top 10 corporate donors. DLF Ltd, ArcelorMittal Nippon Steel India Ltd, Maatha Projects LLP, CESC Ltd, and Maruti Suzuki India Ltd were amongst the top donors to electoral trusts. Both DLF Ltd and ArcelorMittal Nippon Steel India Ltd contributed the highest amount of Rs 100 cr each. Following closely, Maatha Projects LLP donated Rs 75 cr, while CESC Ltd and Maruti Suzuki India Ltd each contributed Rs 60 cr.

After the Supreme Court declared the electoral bonds scheme to be unconstitutional in February 2024, electoral trusts have made a comeback, to fill the big gaping void left by the electoral bonds scheme. The Prudent Electoral Trust received the largest share of donations. Nearly three-quarters of those donations, amounting to Rs 797.1 crore out of a total of Rs 1,075.7 crore, were made after the Supreme Court’s decision on February 15.

How massive is ₹1,179 crore—the total sum funnelled by these Electoral Trusts into political parties? To grasp its scale, this is nearly the entire 2025 budget allocation for judiciary infrastructure or the estimated funding for cutting-edge R&D at Bhabha Atomic Research Centre (BARC). These are pillars of national progress, yet the same amount has been mobilised not for science, justice, or public welfare, but to tighten the grip of corporate power over our politics—all under the guise of “transparent” donations.

This article seeks to examine the democratic legitimacy of the Electoral Trusts, without invoking their presumptive constitutional status against their now unconstitutional successors-electoral bonds.

What are Electoral Trusts?

A legal trust is a financial or legal arrangement in which one party (the trustor or settlor) transfers assets to another party (the trustee) to hold and manage for the benefit of a third party (the beneficiary). Trusts are commonly used for estate planning, asset protection, and charitable giving.

In case of Electoral Trusts in India, the donors are the corporates, the trustee is whoever manages the trust, and the beneficiary is the political party. Sometimes, the trustor is also a corporation which would establish a trust and later transfer it to other auditors. For example, the Prudent Electoral Trust was established by Bharti Enterprises (the parent of Bharti Airtel) but was later transferred to independent auditors to be managed.

How are they structured?

Electoral Trusts (Trusts) are registered under Section 8 of the Companies Act, 2013 (Section 25 of the now repealed Companies Act, 1956), requiring approval from the Central Board of Direct Taxes (CBDT) and adhere to the CBDT rules. They must adhere to the provisions of the Income Tax Act, 1961. Trusts cannot accept foreign donations or contributions from government companies, ensuring domestic funding sources.

Operational Structure

1. Donations: Trusts receive voluntary contributions from Indian citizens, domestic companies, firms, or Hindu Undivided Families (HUFs) via cheques, bank drafts, or electronic transfers. Donors must disclose their Permanent Account Number (PAN).
2. Fund Distribution: At least 95% of collected funds must be disbursed to registered political parties, with the remaining 5% administrative expenses. Trusts cannot use donations for members’ benefit.
3. Transparency: Trusts must maintain audited accounts, disclosing donors, recipients, and disbursements to the CBDT and the Election Commission of India (ECI).

The issue with Electoral Trusts

The design of electoral trusts reflects a compromise between corporate interests and state regulation, embedding structural inequities into India’s political economy.

First, Trusts like Prudent Electoral Trust dominate the landscape, distributing funds disproportionately to major parties (e.g., the BJP and Congress—more to the BJP), entrenching incumbency and marginalising smaller voices. This concentration mirrors the broader political economy’s bias toward established power blocs, where corporate donors prioritise access to ruling parties over democratic pluralism. While Trusts disclose donor identities to regulators, they withhold critical details like trust deeds or allocation criteria, enabling deniability for corporations and opacity in fund distribution.

Second, the regulatory framework—governed by the Electoral Trusts Scheme (2013)—mandates minimal transparency. Trusts must distribute 95% of funds to registered parties but face no scrutiny over their internal governance. This loophole allows Trusts to operate as autonomous entities, ostensibly independent of donor influence, yet their opaque rules shield them from accountability. For instance, Prudent’s donations, though publicly reported, lack explanations for party-specific allocations, raising questions about quid pro quo arrangements. Essentially, we have multiple companies donating to the trust, and the trust funnelling the money to the party. We do not know whether the trust is funnelling the money to the party on the advice and suggestion of the donor or, if there is a cartel of sorts or anything as such. The public is kept in the dark as to what guides the division of money between parties, by trust when it executes the contributions.

Third, the rise of Electoral Trusts, post-electoral bonds, underscores the persistence of corporate dominance in political financing. Corporations leverage these trusts to maintain influence while avoiding direct exposure, perpetuating a cycle of crony capitalism. What was direct in Electoral Bonds’ case where there was complete anonymity for the donors, is indirect in Electoral Trusts which give the chance to companies to deny their role in disbursement of funds to the parties.  The ECI’s limited oversight—relying on limited disclosures—further weakens accountability, leaving voters uninformed about the true sources of party funding.  The disclosures mandated by the ECI and are publicly accessible do not have details of the trust deed, or the details of the criteria of division of funds between the parties.

Why Electoral Trusts undermine democracy

The shadows cast by Electoral Trusts reveal a deeper truth: the veneer of transparency masks a system designed to entrench power. These trusts, dominated by a few corporate giants, funnel funds to major parties while obscuring the strings attached. The illusion of autonomy—trusts claim independence from donors, yet their allocations disproportionately favour ruling parties—becomes a self-fulfilling prophecy. Smaller parties, starved of resources, fade into irrelevance, while voters internalize the inevitability of elite rule. This is not democracy; it is the cloaked control by capital, where power is consolidated without overt coercion.

The problem lies not just in the Electoral Trusts themselves but in the regulatory framework that enables them. The Electoral Trusts Scheme mandates minimal transparency, allowing trusts to operate as autonomous entities while shielding their internal governance from scrutiny. This loophole enables corporations to maintain influence while avoiding direct exposure, perpetuating a cycle of crony capitalism. The Election Commission’s reliance on self-reported disclosures further weakens accountability, leaving voters uninformed about the true sources of party funding.

Conclusion

To dismantle this system, we must embrace a vision of democracy that prioritises equity and accountability. First, Trusts must be required to disclose their internal rules and allocation criteria. Transparency is not merely a procedural requirement; it is the bedrock of democratic legitimacy. Second, corporate donations to trusts must be capped to prevent the concentration of political power. A model like Germany’s limit on corporate contributions could serve as a template. Third, public funding of political parties should be expanded to reduce reliance on corporate largesse.

Regulatory oversight cannot be passive; it must actively challenge the hegemonic practices that entrench corporate dominance. In the end, the choice is clear: will India’s democracy be a plaything of capital, or a vehicle for the people? The Electoral Trusts’ opacity is not a bug—it is a feature.

To dismantle this Electoral Trusts Scheme is to reclaim the promise of a nation where power belongs not to the few, but to the many.

(The author is a legal researcher with the organisation)

Related:

On March 5, 18 days after the SC stuck down electoral bond scheme, directing full disclosure of donor details, SBI fails to comply

Supreme Court rejects SBI plea for extension in electoral bond case, pulls up the bank for the delay

Electoral Bonds: SC directs all parties to reveal political funding details to EC

The post Electoral Trusts Scheme: Utter non-transparency in political funding & an unholy nexus between big corporate giants and major political parties appeared first on SabrangIndia.

And then it is the best who hang’

– Albrecht Haushoffer

[January 7, 1903 – April 23, 1945, German geographer, diplomat, author, who faced martyrdom for his resistance to Nazism]

Uday Bhembre, the 87-year-old widely respected Konkani writer, son of legendary freedom fighter Laxmikant Bhembre, who has been a Sahitya Akademi awardee, is a worried man these days.

He has discovered to his dismay that his courage to speak the truth and challenge a narrative being peddled by the ruling dispensation in Goa, especially its Chief Minister Pramod Sawant, regarding well established facts of Goa’s own history, would lead to protests, led by Right-wing formations and many among them trespassing his house at night and pressuring him to issue an public apology.

Not very many people outside Goa know how this great writer – he was even a MLA (1984-89) — had neglected his literary career to fight for rights of Konkani language and has been against attempts to merge Goa into Maharashtra, to preserve its culture.

Thanks to the existence of powerful voices of resistance and a vibrant civil society in Goa, a significant number of people have publicly condemned these attempts to intimidate Bhembre and demanded strict action against the perpetrators and exposed the collusion of the Right-wing formations with people in power. Many even went to meet the noted writer to express solidarity with him.

It all started with Shiv Jayanti celebrations in Goa and the Chief Minister making debatable claims about Chhatrapati Shivaji Maharaj, where he supposedly claimed that it was not the Portuguese but Shivaji Maharaj who ruled over most parts of the state and that Portuguese rule was limited to merely three talukas. He further claimed that Goans were saved from being converted to Christianity as Shivaji Maharaj ruled over most parts of the state.

What was perturbing was that this was not the first time that such unfounded claims were made by the Chief Minister.

A few years ago, the Chief Minister had similarly claimed – incidentally during Shiv Jayanti celebrations only – that Shivaji Maharaj had been close to conquering Goa in the mid-1600s (which was a century-and-half into Portuguese rule, when the colonisers held parts of Goa territories). Had he done so, Goa would have been spared the atrocities of colonial domination. In fact, O Heraldo, a very respected newspaper from Goa, had exposed this penchant for ‘reinvention of history’ while reporting the incident.

As per this report, these claims did not go unchallenged then, too, with the likes of Damodar Mauzo, Jnanpith awardee literateur and Bhembre himself questioning the Chief Minister’s ignorance “…[o]f the historical facts” and understanding of the issue. Underlining the greatness of Shivaji Maharaj, they had talked of RSS (Rashtriya Swayamsevak Sangh) tactics to appropriate the Maratha leader and “portray him as anti-Muslim”, emphasising that “no religion was involved in Shivaji’s actions”.

Understanding the gravity of these attempts to ‘rewrite history’ Bhembre had provided details of Shivaji’s foray into Goa then, how he was known to have “courted hostilities as well as woven alliances with the Mughals, the sultans of Bijapur and Golconda and the colonial powers as was common of rulers and chieftains of the day,” in an extensive interview to the reporter. He had based his arguments on historian P S Pissurlencar’s monograph on Portuguese Mahratta Relations, which has been translated into English from its original in Marathi, called, Portugese Marathe Sambandh, and has been published by Maharashtra State Board for Literature and Culture (June 1983)

As per this monograph, Shivaji was after ‘Desais of Kudal’ and he resented that the Portuguese — they occupied Ilhas, Bardez, Salcette and Mormugao at the point — had provided them protection. “His quarrel was not with the Portuguese, but the Desais, who he wanted to capture and punish.”

The Portuguese resisted the attack (an interesting account of it is provided in Pissurlencar’s book: “The Ranes of Rewade, Nanode and Peirna, villages under Portuguese control on the outskirts of Bardez, were used by the Portuguese as bases against the Mahrattas.”) and Shivaji had returned to Bicholim.

Pissurlencar writes:

“…Narba Savant, a nephew of Lakham Savant, Desai of Kudal, one of those Desais who had come to Goa, having taken fright at Shivaji’s movements, went to Vengurla on 15 September 1667, caused a riot and molested the Dutch. He was accompanied by some Portuguese. The Dutch of Vengurla protested against this to the Portuguese and probably complained to Shivaji also. These Desais who were sheltered in Bardez often returned to their original seats of power (vatans) and terrorised people in the neighbouring territory controlled by Shivaji. In order to capture them and also punish the Portuguese who had harboured them, Shivaji dispatched an army of 1,000 cavalry and 5,000 infantry to Bardez on 19/20 November 1667.”

Underlining the overwhelming attempts to present Shivaji as a nationalist icon, Bhembre in his interview had said that Shivaji was more a “guerilla warrior”, more interested in expanding his reach and territories. He also talked about Shivaji’s pragmatism in “striking up military alliances”. In fact, soon after this attack, in December of 1667, he had signed a treaty with the Portuguese, committing to return “all that he has carried away from Bardez”, asking for Portuguese help to build his navy. (All references based on the above mentioned O Heraldo article.)

It may appear incomprehensible to scholars and activists to unpack the ‘intimidatory tactics’ adopted by the Hindutva formations this time, when there is no qualitative difference between how Chief Minister Sawant’s unfounded claims to carve out a ‘suitable’ Shivaji as per convenience of Hindutva’s worldview, did not go unchallenged then also. May be this has to do with the growing audacity of the larger Hindutva Parivar and plethora of its affiliated organisations, after the ascent of a Hindutva Supremacist formation at the Centre for third consecutive third time (albeit with a reduced majority)

Coming back to the protests targeting Bhembre this time, it needs to be mentioned that these protesters, allegedly associated with Bajrang Dal, were targeting his YouTube presentation this time. In this presentation, Bhembre had underlined many things that he had mentioned earlier, as discussed in Pissurlencar’s book,

One, Shivaji never ruled over Goa. He never conquered any territory in the state.

Two, Shivaji, at least outwardly, had good relations with the Portuguese because they had a common enemy. So much so that when Shivaji decided to build his Navy, he requested the Portuguese to give him craftsmen. The Portuguese gave him the craftsmen, who built 20 ships

Third, on the claim that Shivaji stopped the conversions, he was more forthright, emphasising that it is wrong to assume this. The conversions started in 1540, whereas Shivaji was born in 1630. I asked ‘how much time will it take [for conversions] in only four talukas, where the population was less than 2 lakhs?’ So, Shivaji never interfered with that and if Shivaji had done that, he would not have approached the Portuguese for craftsmen…The conversions continued even after Shivaji’s death,”

It remains to be seen whether Goa’s Chief Minister would be ready to take action on the police complaint filed by Bhembre against these trespassers or at least stick to the facts – not unverified claims – in future meetings while talking about history.

It was obvious that in a hurry to push this narrative, the Chief Minister did not even bother to look at websites/blogs associated with the government itself, which themselves seem to counter Sawant’s outlandish claims, showing him in a rather poor light.

Here is what one website associated with the Department of Information and Publicity (https://dip.goa.gov.in/history-of-goa/) tells us:

…In 1510, the Portuguese defeated the ruling Bijapur kings with the help of a local ally, Timayya, leading to the establishment of a permanent settlement in Velha Goa (or Old Goa)… On 19 December 1961, the Indian army with Operation Vijay resulted in the annexation of Goa ..(-do)

The North Goa district administration tells its readers (a similar story:

Goa was under Portuguese rule for about 450 years. Afonso de Albuqureque, first portuguese attacked Goa and occupied it. Due to Portuguese rule over Goa, here Christian religion spread very fast.

One can similarly look at more such websites and blogs to discern the links further.

What prohibits the likes of Pramod Sawant, who are in an undue haste to ‘rewrite history’, from looking at the much more nuanced history that is unfolding around us.

Such people would be rather shocked to know the ‘Portuguese contributions to Peshwa might.’ The well documented monograph by Pissurlencar titled, Portuguese Mahratta Relations throws light on this, too.  

 By 1788, ..there were about 100 Portuguese and over 200 Goan Catholic soldiers enlisted in the Peshwa army. They were recruited for their knowledge of artillery, something the Marathas had failed to master, and gunners in the army were handsomely rewarded in comparison to other soldiers. “In the seventeenth century, every European in India was supposed to be an artillery expert,” writes Romesh C Butalia in The Evolution of the Artillery in India. Dom Noronha, a prominent Portuguese officer born in Goa, is said to have been behind Madhavrao’s gift.[-do]

Any close watcher of the Goa situation knows that attempts to silence the courageous voices like Bhembre are no exception. Merely a month and a half ago, another Sahitya Akademi winner Datta Naik, was similarly in the crosshairs of the Hindutva formations, was charged with ‘hurting religious sentiments, or how the names of Damodar Mauzo and few others were found in the ‘hit list’ prepared by Hindutva terrorists who were nabbed few years ago.

The targeting of renowned writer Bhembre and the intimidatory tactics being adopted to silence him also demands that voices across the country and the entire sub-continent should also rise to unitedly condemn such moves, and pressure the government to nab the perpetrators.

The writer is an independent journalist. The views are personal.

Courtesy: Newsclick

The post Goa: Who Fears The Truth? appeared first on SabrangIndia.

It is also a fact that in later years as the Buddhist patrons lost their power to the Sena dynasty of Bengal followed by Mughal rule and invasion, the shrine remained ignored, even assaulted and ultimately got ruined. One of the greatest services to Buddhism in India was actually rendered by great British Surveyor Major General A Cunnigham as well as Indian archaeologist Dr Rajendralal Mitra and many others in the early 19^th century. It was they who were actually responsible for the restoration of the current site and numerous other Buddhist places previously just buried under the rubbles of the ruins.

Nobody has ever doubted that Bodh Gaya is the largest, most significant shrine of the Buddhist world. Several scholars in the past termed have regarded it a fit spot for pilgrimage, as pivotal as Mecca for Muslims, Badri-Kedar for Hindus and Jerusalem for Christians. Almost all the documents and research since the beginning has undoubtedly suggested that this is a Buddhist temple. The Bodhi tree is among the oldest trees of the world right at the sire, despite the fact that it was destroyed and uprooted several times; however it survived.

I am not going far into arguments of authenticity because unlike other religious ‘disputes’ in India, the issue of Mahabodhi Vihar as Buddhist temple has been a settled one. Right from British scholars to the British Indian administrator have treated it as a Buddhist place. The British handled this issue with great care and the negotiations and even at that point there was no questioning the ‘ownership’ of the land as claimed by Shankar Matth today. The Matth’s role was appreciated because it did not convert the shrine into a Hindu temple and also that Buddhists were allowed to worship there. So both the Hindus and Buddhists have been worshipping there in the vicinity of the complex where the Math has built Hindu temple too. Here is what the Bengal District Gazetteer of Gaya, 1906 says about Bodh Gaya and Mahabodhi Vihar.

‘The temple was originally a Buddhist shrine but for a long time past, it has been in the possession of a Hindu Mahanth belonging to an order founded by the bitterest enemies of Buddhism. It has fallen into complete ruin and would have soon disappeared had not government restored it at its own cost, in consequence, they maintain a custodian for the care of the building and to see to its repair. The Mahanth controls the worship and receives the offerings made by the Buddhists and the Hindu pilgrims. Government maintaining an attitude of impartiality on all religious questions affecting the shrine. The Buddhists performs the rites of their religion at the shrine and under the Bodhi tree, just as Buddhists of different countries have done for centuries past and Hindus also make offering under the tree as it is recognized as one of the 45 of places which Hindu visit while performing the religious ceremonies for the salvation of their ancestors which centres around the holy city of Gaya. This Hindu reverence for tree is very old but by the side there is a Hindu cult of a very recent growth, as Hindu worship, which has been pronounced a spurious and unorthodox character, is offered at the shrine itself’[1].

About the historic Bodhi tree, it says,

‘this tree is the oldest historical tree in the world and has an eventful history. It was first cut down by Asoka in his unregenerate days but after he became a believer in the law of Buddha, he lavished an inordinate devotion upon it. His queen jealous of this attachment and grudging the jewel which Asoka offered to the tree, again had it cut down but for second time, it was miraculously, restored to life’[2].

Interestingly, Gurudev Rabindranath Tagore visited Bodh Gaya in January 1922 and was overwhelmed to see this Buddhist shrine. He is recorded to have said,

“I am sure it will be admitted by all Hindus who are true to their own ideals, that it is an intolerable wrong to allow the temple raised on the spot where Lord Buddha attained his enlightenment to remain under the control of a rival sect which can neither have the intimate knowledge of or sympathy for the Buddhist religion and its rites of worship. I consider it to be a sacred duty for all individuals believing in freedom and justice this great historical site to the community of people who still reverently carry on that particular current of history in their own living faith’[3].

While the British Indian government was trying to handle this issue carefully, it was the heroic effort of Anagarika Dharmapala, the Buddhist monk and scholar from Sri Lanka who campaigned for its restoration and internationalised it. Though Chinse travellers and scholars like Hwen Thsang, Faxian had already narrated accounts of the Bodh Gaya shrine centuries ago as well as Burmese Kings, who were already involved in its restoration, it was Anagarika Dharmapala who actually took the issue to United States as well as Japan. British scholars, excavators and archaeologists were already doing their work to maintain and restore various Buddhist sites in India. While Japan was a leading world power at the rime and its involvement really helped as the British authorities to take the issue more seriously. In a typical balancing act symbolic of colonial rule however, the British did not want to ‘hurt’ local sentiments as there was no doubt about the historicity of the site but no local population who could fight for it! Had Dr Baba Saheb Ambedkar been active or involved on the issue at this point of time then things would have been different. Unfortunately, without active local support, a community cannot battle a mighty cause such as this.

The appropriation or occupation of the Buddhist shrines by the Brahmanical elite in India historically happened with the steady decline of Buddhism due to a loss of power of Pala dynasty in the  12^th century as well as rise of Sena dynasty particularly King Sasank, who was a staunch opponent of Buddhism. Subsequently, many stories also make mention of various Mughal rulers and their local chieftains responsible for destruction of these historical places. Both the Indian National Congress and Hindu Mahasabha formed a committee with Babu Rajendra Prasad as its Convenor and passed a resolution on January 21, 1923 that read, “Babu Rajendra Prasad is authorised to investigate the proposal of placing the custody of Bodh Gaya temple in the Buddhist hands and to make report to this committee. Babu Rajendra Prasad is also empowered to coopt suitable persons in the investigations.”[4]

The Hindu Mahasabha of Bihar province too passed the following resolution dated April 6, 1925

‘Lord Buddha is one of the ten avatars of Hindus and the only deity whom the Buddhists worship.  The temple of Bodh Gaya is therefore a sacred place (teerth) for the followers of both the religions. And it is perfectly natural desire therefore, on the part of both the communities to keep this sacred place in their possession. Then at the present day both the communities’ resort to the place for worship and prayer.  People from both the communities’ desire that each one of them should be freely allowed to offer worship and prayer in its own peculiar way, according to its customs and   religious injunctions and that there should not be offered any obstacle in its way of doing so. This conference therefore is of the opinion that the Buddhists of India should be offered due share in the management of the temple and the arrangement of the offering of the worship therein. This conference appoints the following committee to make a report to the Provincial Hindu Sabha within three months as to the steps that should be taken to protect the common rights of both the Hindus and the Buddhists. It also requests the Mahanth of Bodh Gaya to render all possible help to the committee and a due and proper discharge of its duties. This resolution will have nothing to do with the properties attached to the Math of Both Gaya’. [5]

Unfortunately, despite all the noises made by the committee under Babu Rajendra Prasad, finally it concluded that the management of the shrine should be handled by a joint committee of both the Buddhists and Hindus together. There was another issue, which was important, the Hindu Mahasabha had suggested to keep the issue of the ‘ownership’ of the property outside the purview of the management!

The committee recommended based on the suggestion of Hindu Mahasabha ‘that the shrine be managed by both the Hindus and Buddhists and that the Mahant be the ex-officeo member for the ‘time being’. It also made it clear the issue of the property of Math has nothing to do with all this which means the property will remain with the Mahant. Though the Mahant claims to have a farman from Shah Alam but he could not produce anything to the committee. Mahadev Gir was Mahant from 1642 to 1682 and the time period of Shah Alam much later.

After independence the Bihar government brought the Bodh Gaya under the control of special management after passing a law Bodh Gaya Temple Management Act 1949. Under this act, the management of Bodh Gaya temple is defacto in the hands of Brahmins who happened to be a majority. There are four members to be appointed from ‘Hindu’ community and four from the Buddhist Community. The District Magistrate is the ex officio Chairman of the committee. Activist alleged that in most of the ‘temple management committees’, in India, the Brahmins get appointed overwhelmingly everywhere and Bodh Gaya is no exception to it.

UNESCO declared Mahabodhi Vihar as World Heritage site on June 29, 2002. The UNESCO citation says,

Criterion (i): The grand 50m high Mahabodhi Temple of the 5th-6th centuries is of immense importance, being one of the earliest temple constructions existing in the Indian sub-continent. It is one of the few representations of the architectural genius of the Indian people in constructing fully developed brick temples in that era. Criterion (ii) The Mahabodhi Temple, one of the few surviving examples of early brick structures in India, has had significant influence in the development of architecture over the centuries.

Criterion (iii): The site of the Mahabodhi Temple provides exceptional records for the events associated with the life of Buddha and subsequent worship, particularly since Emperor Asoka built the first temple, the balustrades, and the memorial column. Criterion (iv) The present Temple is one of the earliest and most imposing structures built entirely in brick from the late Gupta period. The sculpted stone balustrades are an outstanding early example of sculptural reliefs in stone.

Criterion (vi): The Mahabodhi Temple Complex in Bodh Gaya has direct association with the life of the Lord Buddha, being the place where He attained the supreme and perfect insight.

Now the question before us today is, that when all persons and parties who matter have no doubt about the historicity of Bodh Gaya Maha Vihar, what then is the obstacle in handing over to the Buddhists what is rightfully theirs?

As far as the Hindu Temple or the Matth is concern nobody beyond Bihar knows much about this so called Hindu Mandir at the site. Hindus have important pilgrim centres and temples. Gaya, which is 10 kilometres away from Bodh Gaya is considered to be an important place of Hindu worship and none question that. It was clear since the beginning that the Mahant claimed to have gained a Zagir or Zamindari from the Mughal kings and it was his source of income apart from two other temples.

Historically we also know well, how the Brahmanical lobby scuttled all efforts towards Zamindari Abolition, an issue so dear to then Prime Minister Jawahar Lal Nehru. Zamindari Abolition act came in 1951 and it was mostly challenged in Bihar where Brahmins, Bhumihars, Kayasthas and Rajputs had large Zamindaris (tracts of land). People are misinformed when they believe that it was only Rajputs who owned Zamindaris: in Bihar and Bengal Zamindari was not the sole domain of Rajputs but Brahmin-Bhumihar-Kayasthas too had large Zamindaris in both states.

It was estimated that the Bodh Gaya Matth had over 18000 acres of land (many estimated it over 30,000 acres) and it was the main source of the Mahant’s ‘power’ which he wielded on the poor landless people, a majority of them Dalits particularly Mushahars, Doms, Bhuiyna and other backward communities. Jaya Prakash Narayan addressed a historic gathering of landless peasants and other political activists here on April 18, 1975. The Bodh Gaya land movement continued until 1987 when the Bihar government distributed 18000-acre land among 11000 landless farmers, a majority of them landless women and Dalits. Gaya, Bhojpur, Ara, Jahanabad remained the hotbed for the movement for land rights of the landless communities, mostly mobilised by the far left groups. One needs to understand why the religious-political nexus has always opposed land reforms and found different ways to circumvent land ceiling laws by forming various religious trusts.

At the beginning of 19^th and 20^th century, we did not have enough support for the cause of Buddhism except for that which came from the outside. Japan, China, Thailand, Burma and other countries were interested in Buddhism in the land of its birth and its shrines. All shades of political leaders have felt proud of India’s historical Buddhist past. Prime Minister Jawahar Lal Nehru believed in Panchsheel. Prime Minister Narendra Modi has been speaking about Lord Buddha with great reverence and even participates in Buddhist festivals and events. His government claims a ‘look east policy’ and most of our eastern neighbours are Buddhist countries that have great respect for India as it is truly the land of Buddha.  There will not be a political party which will oppose handing over the greatest shrines of Buddhist world over to the Buddhist community to manage and maintain it.

Before, I conclude, I wish to add this thought-provoking letter of Swami Sachchidananda Saraswati on February 1, 1926 as appeared in the Mahabodhi journal. One may agree or disagree with many of the observations but what is important to understand is his ultimate aim.

‘It is a great shame for all Hindus that they should allow an individual Saivite Mahant to control the greatest Buddhist shrine. Is it just and right? It is great surprise that some Hindus do not raise objection against the forcible occupation by an individual sectarian non-Buddhist Mahant of a temple erected in the memory of Lord Buddha, the only teacher of and revered by the whole Buddhists world of 500 million Buddhists. No Hindu can control any Christian or Muslim shrine by such an undesirable mean. This is a great injustice to Buddha, Buddhism and one third of the World Population which follows Buddha and Buddhism. So long as the Hindus, not to say of an individual non-Buddhist Mahant will keep control of the greatest Buddhist temple, the whole Buddhist world will look down upon Hindus and say that there is a great injustice in India. Therefore, I pray each member of the Indian National Congress and Hindu Mahasabha should take keen interest in the matter and do justice to Buddha and Buddhists. When the Indian National Congress demand complete swaraj from the British government which is due to the Indians Why should not the Congress too do justice by giving the transfer of the Buddhist temple to the Buddhists. We find in our Hindu scriptures that India was a great fount of justice and truth but at present I see with regret the groundless obstacles placed in the sincere and just attempt over the complete management of this greatest Buddhist shrine to its legitimate custodians. If anyone want justice from the others the former should first deal justice with others. In the Khilafat movement days, the Hindus helped Khilafatis, in the Akali movement days they helped the Akalis, why shouldn’t the Hindus help Buddhists to regain their holiest shrine?

The question is one of pure justice. If the Hindu Mahasabha will fail to do justice with the Buddhists. There is no doubt that the Buddhists will be morally affected and be far and far away from it. If it be the aim of All India Hindu Mahasabha, that all the people of different religion should give equal treatment to one another and live amicably with one another then it should give justice and equal treatment to Buddhism and Buddhists also and allow the latter to have the full management of their holiest shrine.

Therefore, let us, the Hindus, with our usual sincere and justice loving heart assure Buddhists of our unanimous opinion that we will give complete transfer of Buddhist temple to them. Let us be also assured that they will allow the Hindus to worship Buddha freely as they should do to Buddha and that neither the Buddhists nor the Hindus should offer fish or meat before the Buddhist statues. I further appeal to all the sincere Hindus that they should criticize the report and support impartially the Buddhists claim for the complete management of the Buddhist temple which is justly due to the Buddhists.

Swami Sachchidananda Saraswati,

Calcutta, February 1, 1926’[6]

A few years ago, when I met venerable Bhante Nagarjun Surai Sasai, a Japanese by birth but an Indian in action now and asked him about Bodh Gaya, he told me that it is the birth place of Lord Buddha. I was surprised and shocked when he said that. He explained this to me: Lumbini is the birth place of prince Siddhartha but it is Gaya that gave birth to Buddha hence Bodh Gaya Mahabodhi Vihar is the most sacred shrine for the Buddhists all over the world. Every Indian should be proud of this rich cultural heritage which the world acknowledges.

It is time for the government of Bihar to take a simple decision. The state government can call an all- party meeting and listen to their views. You can tell them the history of this movement and the archaeological findings. For too long has the far right Hindutva leadership asked Muslims to ‘respect’ Hindu sentiments? The Buddhist are asking the same from the Hindus. Will the Hindutva leadership, Congress as well as the Samajwadis learn a few lessons from their own past and correct them? All their top leadership has accepted and supported the Buddhist claim on the Maha Bodhi Vihar, Gaya. The Ambedkarite fraternity in India is already fighting for a peaceful solution through a democratic and law-abiding struggle. All the political parties and organizations that claim to represent Ambedkarite thoughts and people stand in complete solidarity with the Bodh Gaya Maha Bodhi Vihar movement. Will the Bihar government wake up and listen to the voices and reread its history to handover this shrine to the Buddhists.

Nitish Kumar hails from the JP movement and so does Lalu Prasad Yadav. Bihar’s landless people owe a lot to that historic Bodh Gaya Land movement which ultimately paved the way towards redistribution of the thousands of acres of land to landless people illegally occupied by the Matth. Buddhists have been wronged. Buddha and Buddhist past are India’s glorious heritage which makes us proud. Dalits and Ambedkarites were not before a strong force nor and Buddhism was in physical decline in India but Baba Saheb Ambedkar’s historic Deeksha ceremony on October 14, 1956 and subsequent efforts of the Ambedkarites actually revived Buddhism in India and today the number of Buddhists is increasing in both India and abroad.

Today, the Buddhists in India are ready to take this battle to its end. Buddha was a man of peace and non-violence hence the longer this struggle stretches the more bitter would become the relations between the Hindus and Buddhists. The government must ensure that such a bitterness is not allowed to spread widely and it will only be possible if the shrine’s management is handed over to Buddhists of India.

[1] Bengal District Gazetteers, Gaya by L S S O’Malley, ICS, Calcutta, The Bengal Secretariate Book Depot, 1906,  P 50-51

[2] ibid P-52

[3] https://www.telegraphindia.com/culture/books/rabindranath-tagore-a-poem-that-defined-the-buddha-and-sujata-stupa/cid/1818901

[4]    Mahabodhi and the United Buddhist World Volume 34, January 1926 No 1, P 2,

[5] Ibid P 4

[6] Mahabodhi : March 1926 Volume XXXIV     Volume III, Mahabodhi and the United Buddhist World Volume 34 P 165-166

Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia.

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India’s internet shutdowns in 2024: a comparative snapshot

In fact, India’s figure of 84 shutdowns in 2024 is surpassed only by Myanmar, which endured 85 shutdowns under the military junta’s rule. This marks a significant shift in the global context as, for the first time in six years, India is no longer the global leader in internet shutdowns. Despite this, the report emphasizes that India remains the country with the highest number of shutdowns among democracies. As Access Now’s report highlighted, the reasons behind these shutdowns vary, with 41 of them linked to protests, 23 tied to communal violence, and others related to elections, government job exams, and regional instability.

State-wise impact: the effect of shutdowns across India

India’s diverse states also bear the brunt of these internet blackouts. According to the report, states such as Manipur, Haryana, and Jammu & Kashmir saw the most significant number of shutdowns in 2024. Manipur, in particular, stood out with 21 shutdowns, which significantly impacted the daily lives of its citizens as Manipur was on the boil since May 3, 2023.

Namrata Maheshwari, Senior Policy Counsel at Access Now, points out the inherent incompatibility between India’s frequent internet shutdowns and its global aspirations. India, which has set ambitious goals in fields like artificial intelligence, digital governance, and skilling, cannot afford to isolate its citizens from the benefits of connectivity. Maheshwari’s statement highlights the stark contradiction between India’s democratic values and the curtailing of rights through such shutdowns. She also draws attention to the lack of oversight and accountability within the current legal framework governing these internet restrictions.

The flaws in India’s Telecommunications Act of 2023

This issue is exacerbated by the Telecommunications Act of 2023 and the Telecom Suspension Rules of 2024, which have been criticized for retaining provisions from the colonial-era Telegraph Act of 1885. The existing framework allows for government-ordered internet shutdowns but does not offer sufficient safeguards, such as independent oversight, to ensure that these shutdowns are necessary, proportionate, and temporary. Currently, shutdown orders are reviewed by a three-member committee, composed of senior government officials, which critics argue lacks transparency and objectivity. These legal loopholes further strengthen the argument for the repeal of rights-violating laws and the establishment of a more robust, rights-respecting framework.

A global concern: the rising number of Internet Shutdowns

Globally, internet shutdowns are becoming an increasingly common tool used by governments to control access to information, especially in times of unrest or political tension. The Access Now report found that in 2024, a total of 296 shutdowns were recorded across 54 countries. Myanmar, India, and Pakistan alone accounted for over 64% of these disruptions. The rise in shutdowns can be linked to conflict, protests, elections, and attempts to cover up human rights abuses, as governments seek to control the flow of information during times of instability.

Digital authoritarianism

The global trend of government-imposed shutdowns reflects a larger movement toward digital authoritarianism, particularly in Asia. Countries like Myanmar, India, and Pakistan have increasingly relied on internet shutdowns to maintain control, suppress dissent, and avoid accountability. Raman Jit Singh Chima, Asia Pacific Policy Director at Access Now, underscores the detrimental effects of such actions, warning that they destabilize societies, hinder digital progress, and create environments where human rights abuses can occur unchecked. With internet shutdowns often serving as a means to suppress protests or cover up crimes, they raise serious concerns about the long-term consequences for democracy and human rights.

Censorship and platform blocking: the global reach of Internet Shutdowns

As the report reveals, platforms like X (formerly Twitter), TikTok, and Signal have frequently been blocked during shutdowns, with X emerging as the most blocked platform globally in 2024. This trend shows a growing pattern of censorship, as governments across the globe target specific platforms in efforts to control the flow of information, limiting access to online spaces where people can organize, communicate, or access critical news.

Legal provisions for Internet Shutdowns in India: concerns and criticisms

The legal provisions for internet shutdowns in India, which are primarily governed by the Telecommunications (Temporary Suspension of Services) Rules, 2024 under the Telecommunications Act, 2023, raise several concerns. While the rules require authorities to publish suspension orders, detailing justifications, geographical scope, and affected services, the lack of independent oversight remains a critical flaw. The suspension duration is also capped at 15 days, but there is little guarantee that these restrictions are temporary, lawful, or proportionate, as mandated by the Anuradha Bhasin case judgment in 2020. The Supreme Court ruling emphasized that internet restrictions must be necessary and balanced, ensuring that they do not disproportionately impact citizens’ rights.

However, the situation in India highlights a broader global dilemma in which governments increasingly view the internet as a tool to maintain control and suppress dissent, rather than a fundamental right for their citizens. As the world moves further into the digital age, it is essential for governments, especially those in democracies like India, to reconsider their approach to internet governance. The onus lies on them to ensure that connectivity is preserved, human rights are respected, and safeguards are put in place to prevent abuse of power.

While the Access Now report provides a comprehensive overview of internet shutdowns in 2024, it also concerns urgent reform in how governments approach digital rights. The hope is that, in 2025, no one will face the risk of being cut off from the internet due to politically motivated restrictions or attempts to silence dissent. The global community must come together to push for a more open, accessible, and accountable digital future, where the fundamental right to access the internet is protected, and where the voices of individuals are not silenced by arbitrary shutdowns.

Full report can be accessed here:

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The post India saw 84 internet shutdowns in 2024: Access Now Report appeared first on SabrangIndia.

In the latest of such letters, Stalin writes,

“My dear sisters and brothers from other states, Ever wondered how many Indian languages Hindi has swallowed? Bhojpuri, Maithili, Awadhi, Braj, Bundeli, Garhwali, Kumaoni, Magahi, Marwari, Malvi, Chhattisgarhi, Santhali, Angika, Ho, Kharia, Khortha, Kurmali, Kurukh, Mundari and many more are now gasping for survival.

“The push for a monolithic Hindi identity is what kills ancient mother tongues. UP and Bihar were never just ‘Hindi heartlands.’ Their real languages are now relics of the past.

Tamil Nadu resists because we know where this ends. தமிழ் விழித்தது; தமிழினத்தின் பண்பாடு பிழைத்தது! சில மொழிகள் இந்திக்கு இடம் கொடுத்தன; இருந்த இடம் தெரியாமல் தொலைந்தன!

#தமிழ்_வாழ்க #LetterToBrethren
#StopHindiImposition #SaveIndianLanguages”

My dear sisters and brothers from other states,

Ever wondered how many Indian languages Hindi has swallowed? Bhojpuri, Maithili, Awadhi, Braj, Bundeli, Garhwali, Kumaoni, Magahi, Marwari, Malvi, Chhattisgarhi, Santhali, Angika, Ho, Kharia, Khortha, Kurmali, Kurukh, Mundari and… pic.twitter.com/VhkWtCDHV9

— M.K.Stalin (@mkstalin) February 27, 2025

Tamil Nadu goes to the polls next year and this issue of autonomy, federalism and the Tamil language is going to dominate. Last week, in a fiery response to the union’s move on the National Education Policy (NEP), Chief Minister MK Stalin  claimed that this will push Tamil Nadu ‘backward by 2000 years.’ These moves reflect the deep-rooted resistance within the state against the Union government’s continued disregard for federalism and linguistic diversity. Stalin has further emphasised that the NEP, with its centralised approach, ignores the unique educational needs of each state and is a blatant effort to homogenise education across India.

Last week Stalin’s strong and principled opposition to the union government on the imposition of the National Education Policy (NEP) and its three language policy as also the withholding of state funds by the union also echoed on social media garnering widespread support.

This is what you call an Opposition! Bravo! @mkstalin https://t.co/am1ZuKwZvt

— Teesta Setalvad (@TeestaSetalvad) February 22, 2025

Related:

Rejecting NEP embodies Tamil Nadu’s fight for federal autonomy

The post ‘TN resists Hindi domination because we know where it ends, the extinguishing of ancient languages’: ML Stalin to DMK cadres appeared first on SabrangIndia.