This judgment demonstrates a narrowing of the SC/ST Act’s scope, potentially setting a dangerous precedent that could weaken its protective intent.  

The incident and the court’s findings  

According to the prosecution, on January 21, 2011, the second respondent, accompanied by other officials, visited a site to identify encroachments allegedly made by petitioner No. 1, Achal Singh, on public land. During the site measurement, the petitioners reportedly objected to the process and allegedly hurled abusive terms such as “Bhangi,” “Neech,” “Bhikhari,” and “Mangani” at the informant and others. They were also accused of committing physical assault.

“In the case on hand as referred above, the words used were not caste name nor there is allegation that the petitioners were known to the caste of the public servants, who had gone to remove the encroachments. Moreover, it is crystal clear on bare perusal of allegation that the petitioners were not intending to humiliate the…persons for the reason that they were members of Schedule Caste and Schedule Tribes rather act of the petitioners was in protest against the action of measurements being wrongly done by the public servants“. (Para 12)

Following an investigation, the police determined that the allegations were unfounded and submitted a negative report. However, upon the filing of a Protest Petition, the court took cognisance of the matter, and charges were subsequently framed against the petitioners.

The court, however, found the evidence insufficient to sustain these charges. Justice Kumar noted, “The words used were not caste name[s], nor is there [an] allegation that the petitioners were known to the caste of the public servants.” The court emphasised that the police investigation had already dismissed the allegations as untrue, with no independent witnesses to corroborate the complainant’s account. Furthermore, the court observed that the altercation arose from the accused’s dissatisfaction with the officials’ actions and not from caste-based animosity.  

“Learned counsel contends that there is no iota of evidence that the petitioners had knowledge about the caste of the informant and others. There is no material that the incident took place in the public view. Only the prosecution party are witnesses of the incident. Learned counsel next contends that it is a case of flagrant abuse of the provisions of law because the incident did not take place for the reason that petitioners were intending to humiliate the informant and others for their being members of the Scheduled Caste or Scheduled Tribes rather the incident took place for unfair measurements to decide any encroachment allegedly made by the petitioners.” (Para 8)

The decision also drew upon the Supreme Court’s precedent in Ramesh Chandra Vaishya v. State of Uttar Pradesh & Anr., where similar charges were dismissed due to the absence of public witnesses and the lack of direct caste references. The court ruled that the essential ingredients of intent to humiliate and public view, as required by the SC/ST Act, were not met in this case.  

The role of intent and context in caste-based abuse  

Central to the court’s judgment was its reliance on the absence of intent to humiliate the complainant based on caste. The accused contended that their frustration with alleged procedural irregularities in land measurement led to the altercation, and the court accepted this explanation. However, this approach fails to account for the socio-cultural significance of the language used.  

Terms like “Bhangi” and “Neech,” though not explicit caste names, are loaded with casteist connotations and have historically been used to demean and marginalise Dalits. Their use in any context perpetuates caste hierarchies and reinforces systemic discrimination, regardless of the alleged intent. By focusing narrowly on the intent of the accused, the court overlooked the broader impact of such language on the complainant’s dignity and the collective trauma of marginalised communities.  

This reasoning risks creating a dangerous precedent, where the use of casteist slurs may be excused as long as intent cannot be conclusively proven. Such an interpretation undermines the SC/ST Act’s purpose of addressing the structural and often covert nature of caste oppression.  

Narrow interpretation of “Public View”  

Another critical aspect of the judgment was its reliance on the absence of independent witnesses to dismiss the charges. The court interpreted the SC/ST Act’s requirement of “public view” to mean that the incident must have been witnessed by uninvolved third parties. Justice Kumar noted, “Only the informant and its officials are witnesses of the incident; no independent witness has turned up to support [the claims].”  

This interpretation reflects a restrictive and problematic view of public view. Many acts of caste-based abuse occur in semi-public spaces, where independent witnesses may be unwilling to come forward due to fear of retaliation or societal pressures. In such contexts, requiring independent corroboration places an unfair evidentiary burden on the victim, discouraging them from seeking justice.  

The problematic role of police investigations  

The court’s heavy reliance on the findings of the police investigation raises further concerns. The police had earlier dismissed the allegations as baseless, but their report was challenged by the complainant, leading to charges being framed. Justice Kumar’s acceptance of the police report as conclusive evidence overlooks systemic issues within law enforcement, where caste-based atrocities are often underreported or trivialised.  

The SC/ST Act was enacted precisely because of the entrenched biases within the criminal justice system, which often fail to address the grievances of marginalised communities. By leaning heavily on the police investigation without critically examining its methodology or potential biases, the court risked undermining the Act’s protective framework.  

Implications for the SC/ST Act  

The dismissal of charges under the SC/ST Act in this case reflects a broader trend of judicial interpretations narrowing the scope of the law. While the Act was designed to protect vulnerable communities from systemic discrimination, judgments like this one demonstrate how procedural hurdles and technicalities can erode its efficacy.  

By focusing on the absence of intent and public witnesses, the court’s decision risks emboldening those who perpetuate casteist behaviour. It also sends a discouraging message to victims, who may perceive the legal system as being indifferent to their lived experiences of discrimination.  

At a time when caste-based atrocities are on the rise, as evidenced by increasing reports from across India, the SC/ST Act’s robust enforcement is critical. Diluting its provisions through narrow interpretations not only weakens its deterrent effect but also undermines the broader fight for social justice and equality.  

The judgment underscores the urgent need for a more contextual and empathetic approach to cases involving caste-based discrimination. While procedural safeguards are necessary to ensure fairness, they should not come at the cost of justice for victims of systemic oppression. Courts must recognise that casteist abuse often occurs in subtle and insidious ways that do not always align neatly with rigid legal definitions.  

A broader interpretation of terms like “public view” and a more nuanced understanding of the socio-cultural impact of casteist language would better serve the SC/ST Act’s intent. Such an approach would not only uphold the law’s protective spirit but also affirm the judiciary’s commitment to safeguarding the dignity and rights of marginalised communities.  

In conclusion, while the Rajasthan High Court’s judgment raises troubling questions about its implications for caste justice. Moving forward, it is imperative that courts adopt a more comprehensive framework that balances procedural integrity with the broader goals of equality and social justice. Only then can the SC/ST Act remain a meaningful tool in the fight against caste-based atrocities.  

The complete judgment can be read here:

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The MVA has put forth a set of ambitious proposals aimed at transforming the agricultural landscape of Maharashtra. By focusing on financial security, infrastructure development, and long-term sustainability, the manifesto seeks to create a more supportive environment for farmers. Key commitments include ensuring Minimum Support Prices (MSP), simplifying crop insurance schemes, and investing in rural infrastructure. These measures are designed not only to alleviate the immediate financial burden on farmers but also to address the structural issues that have long hindered the agricultural sector in the state. With a focus on improving market access, offering financial relief to affected families, and promoting agricultural diversification, the MVA’s promises seek to lay the groundwork for a more resilient and thriving farming community in Maharashtra. These promises have been discussed in detail below:

Immediate relief for farmers: Debt waiver and loan repayment incentives

Maharashtra has one of the highest rates of farmer suicides in India, a tragic statistic that has often been linked to the crushing burden of agricultural debt. Farmers in the state are particularly vulnerable due to their reliance on monsoon-dependent crops, which often fail due to unpredictable weather patterns, such as droughts, floods, or delayed rainfall. In the face of these challenges, many farmers turn to loans from moneylenders, often with exorbitant interest rates, which further entrench them in debt.

The MVA’s promise to offer debt waivers of up to Rs. 3,00,000 to farmers is a direct response to this crisis. It is not just an economic relief measure but also a symbolic gesture aimed at restoring the dignity and financial viability of Maharashtra’s farmers. The debt waiver will enable farmers to break free from the cycle of indebtedness that has plagued them for years, providing them with the opportunity to rebuild their agricultural operations and reinvest in their future. Moreover, the Rs. 50,000 incentive for regular loan repayment serves as a proactive measure to encourage fiscal discipline and reduce future borrowing risks, creating a positive feedback loop for the state’s agricultural economy.

These promises are particularly important in light of Maharashtra’s history of poor loan recovery, which has often led to distress and contributed to the high rate of farmer suicides. By addressing both the immediate financial burden and incentivising responsible loan repayment, the MVA is taking a significant step toward reducing the root causes of farmer distress.

Support for families affected by farmer suicides

Maharashtra has long struggled with the devastating impact of farmer suicides. According to National Crime Records Bureau (NCRB) data, the state consistently ranks high in terms of farmer suicide rates, a reflection of the profound emotional and financial toll these tragedies take on farming families. In many cases, farmers face not only economic ruin but also the societal stigma associated with failure. The families of those who commit suicide are often left to fend for themselves with little to no support from the government.

The MVA’s promise to review existing schemes and enhance support for widows and children of farmer suicide victims is an essential social welfare intervention. By providing financial support, education scholarships for children, and healthcare benefits, the MVA seeks to ensure that the families of deceased farmers do not fall into further poverty or despair. This initiative will go a long way in alleviating the long-term social and emotional impacts of farm-related suicides, offering a lifeline to those left behind in a community already struggling with poverty and uncertainty.

This promise is particularly relevant to Maharashtra’s rural landscape, where traditional social structures often fail to provide the necessary emotional or financial support for grieving families. It reflects an understanding of the need for not just material but also emotional security in the wake of such tragedies.

Minimum support prices and crop insurance reforms

Maharashtra’s farmers are often at the mercy of fluctuating market prices, which are heavily influenced by both domestic and global factors. Whether it’s cotton, onion, or sugarcane, price volatility has left many farmers struggling to break even. While the Minimum Support Price (MSP) mechanism exists to protect farmers from severe losses, it is often inadequate, especially for crops where procurement systems are weak or non-existent. For instance, onion farmers in Maharashtra have frequently faced crises when prices plummet, leaving them with losses as their produce rots in the fields.

The MVA’s commitment to ensuring MSP for farmers is critical in this context. By guaranteeing a minimum price for agricultural produce, the government is providing a safety net that helps protect farmers from market volatility. This policy is particularly relevant in Maharashtra, where crops like onions, tomatoes, and pulses are grown in abundance but often face unpredictable pricing in the open market. Farmers will no longer have to bear the brunt of market forces alone, which can be particularly devastating during periods of bumper harvests or price crashes.

In addition, simplifying the crop insurance scheme will ensure that farmers receive timely compensation for losses due to natural disasters. Maharashtra is no stranger to droughts and floods, and the complexity of the current crop insurance system often discourages farmers from opting into the scheme. By removing burdensome conditions and ensuring greater transparency, the MVA promises to make crop insurance more accessible, especially to smallholder farmers who are most vulnerable to the impact of climate change. This reform could significantly reduce the financial risks faced by farmers in the state, enabling them to recover faster from setbacks.

Sustainable farming: The ‘Maharashtra Millet Mission’ and environmental protection

Climate change has already had a visible impact on Maharashtra’s agriculture. Erratic rainfall patterns, long periods of drought, and rising temperatures have made traditional farming increasingly unviable in certain parts of the state. Crops like cotton, sugarcane, and rice, which are water-intensive, have faced lower yields due to these climatic changes, while farmers in drought-prone areas have struggled to make ends meet.

The MVA’s ‘Maharashtra Millet Mission’ is a timely and forward-thinking initiative. Millets, which are drought-resistant and require less water, can be a game-changer for the state’s farmers, particularly those in dryland areas. By promoting the cultivation of millets, the government aims to diversify crop production, reduce dependence on water-intensive crops, and ensure greater resilience to climate fluctuations. This mission also has the potential to boost local food security and create new markets for these nutritious crops, which have been largely neglected in India’s agricultural policies.

This initiative resonates with Maharashtra’s farming community, especially in districts like Marathwada and Vidarbha, which face recurring droughts and water scarcity. It provides farmers with an alternative that is both economically viable and ecologically sustainable, aligning with global trends towards more climate-resilient agriculture.

Milk prices and horticultural support: Securing livelihoods

Dairy farming is a vital part of Maharashtra’s agricultural economy, and milk is one of the state’s largest rural industries. However, dairy farmers have long faced issues such as fluctuating milk prices, poor infrastructure, and inadequate support for processing and marketing. The MVA’s promise to set milk prices annually, taking production costs into account, is a much-needed measure to stabilise this sector. By ensuring fair prices for dairy farmers, the government is addressing the core issue of income instability, which has long plagued this vital sector.

Similarly, the protection of onion and tomato cultivators through the ‘Pink and Saffron Revolutions’ is a targeted response to the challenges faced by farmers in Maharashtra’s horticulture sector. Onions, in particular, have been at the centre of several market crises in recent years, with price drops leading to massive losses for farmers. By ensuring better support for these crops, the MVA is seeking to secure the livelihoods of millions of farmers, particularly those in rural areas who depend on such crops for their income.

Infrastructure development: Connecting farmers to markets

Maharashtra’s rural areas face a significant infrastructure gap. Poor roads, inadequate storage facilities, and insufficient market linkages often result in farmers losing a substantial portion of their produce. The MVA’s promise to invest Rs. 10,000 crore in developing permanent, gravelled roads connecting farms to markets is a transformative policy. Improved road infrastructure will reduce transportation costs, cut down post-harvest losses, and enable farmers to reach distant markets more easily, thus ensuring better prices for their produce.

This promise directly addresses one of the most persistent issues faced by farmers in the state’s rural areas, particularly in the Marathwada and Vidarbha regions, where road connectivity is often poor, limiting market access and agricultural productivity.

Creating alternative employment opportunities

The promise to reduce the dependency on agriculture by creating alternative employment opportunities is a long-term vision aimed at transforming Maharashtra’s rural economy. Agriculture, though the mainstay of rural Maharashtra, is no longer a sustainable livelihood option for a growing population. With increasing mechanisation and declining profitability in certain sectors, many farmers are forced to abandon their lands in search of better opportunities in cities.

By creating new avenues for employment through skill development, industrial growth, and rural entrepreneurship, the MVA aims to ease the pressure on agriculture. This vision will not only reduce rural-urban migration but also diversify the income sources for rural families, leading to more balanced and equitable development across the state.

Unmet demands and growing discontent: The cotton vs. soybean price dilemma in Maharashtra

Maharashtra’s farmers are in the midst of an ongoing struggle against unfair prices for their produce, and this issue is becoming more prominent as the state heads toward its legislative elections. A particularly contentious point is the discrepancy in the assurances given to soybean farmers compared to cotton farmers.

As Vijay Jawandhiya from the Farmers’ Organization Paik has highlighted the said issue, while pointing out that both the Bharatiya Janata Party and Congress party have promised to buy soybeans at significantly higher prices than the current market rates—₹6000 per quintal from the BJP and ₹7000 per quintal from Congress—the same level of commitment is not being extended to cotton farmers. Cotton, a major crop in Maharashtra, especially in the Vidarbha region, has not seen similar price guarantees, despite the fact that the MSP (Minimum Support Price) for cotton is ₹7520 per quintal. Farmers are being forced to sell their cotton for ₹6000 to ₹6600, far below the MSP, and this disparity has been a source of growing discontent, as per Jawandhiya

As provided by Jawandhiya, “The contradiction becomes more apparent when we see that the BJP has assured a ₹6000 price for soybeans, which is 20% higher than the MSP of ₹4892. However, this same approach is not being extended to cotton, despite cotton’s MSP being ₹7520. Why is the BJP not offering ₹9000 for cotton, which would represent a similar 20% increase over the MSP? Similarly, why isn’t Congress offering ₹10500 per quintal, which would reflect a 40% premium over the MSP, as they have promised for soybeans?”

This stark difference in treatment for cotton and soybean farmers has raised questions about the government’s priorities and its sincerity in addressing the concerns of Maharashtra’s farmers. The government’s promises, while seemingly beneficial for soybean farmers, do not extend the same sense of urgency or commitment to cotton farmers, whose grievances have only intensified over the years. As cotton farmers continue to face price disparity, they are left wondering why the government is unwilling to offer the same level of support for their crop.

The discontent among farmers is palpable, and this growing frustration is starting to manifest in the political sphere. As the elections draw closer, the BJP’s assurances of a ₹6000 price for soybeans and the Congress’ ₹7000 offer are unlikely to satisfy the farmers who are still being forced to sell their cotton and soybeans for a fraction of the MSP. The discontent could become a pivotal factor in determining voter sentiments, as farmers in the state are realizing that the promises made by both parties fail to address the root issues of fair prices and proper market regulation.

In light of these growing concerns, it is clear that a larger movement is brewing in Maharashtra. As Vijay Jawandhiya from the Farmers’ Organization Paik aptly puts it, “After the elections, whichever government comes to power, farmers will have to stand up and create a massive movement; otherwise, this auction will continue.” He further echoes the words of Dr. B.R. Ambedkar, urging farmers to “Learn, Organize, and Struggle.” These words can be deemed to be particularly resonant today, as Maharashtra’s farmers are grappling with unfulfilled promises and systemic neglect of their needs.

The imperative of comprehensive support for farmers

As the farmer movements continue to gain momentum, it is clear that the path forward requires not just political promises, but a comprehensive, long-term strategy to ensure that the state’s agricultural community is not left behind.

The MVA’s emphasis on infrastructure development, particularly the creation of gravelled roads connecting farms to markets, would significantly benefit cotton farmers by improving their access to competitive markets. Better road connectivity would reduce transportation costs and ensure that cotton farmers can sell their produce at fair prices, rather than relying on exploitative middlemen. The MVA also promises to invest in sustainable farming practices and crop diversification, helping cotton farmers in the long run by reducing their dependence on a single, vulnerable crop. This holistic approach not only addresses the immediate price concerns but also ensures that cotton farming becomes more resilient and economically viable in the future.

The MVA’s promises are grounded in the realities faced by Maharashtra’s farming community. From debt relief and MSP guarantees to long-term environmental sustainability measures, these promises are a response to the socio-economic struggles that have plagued the state’s agricultural sector. If implemented effectively, they could transform the rural landscape of Maharashtra, offering farmers not just a lifeline but a pathway to prosperity, stability, and dignity. This comprehensive approach, combining immediate relief with long-term reforms, holds the potential to reshape the future of Maharashtra’s agriculture and ensure that its farmers are not just surviving, but thriving.

It is also essential to note that the promises made by the political parties in Maharashtra, particularly the assurance of higher prices for soybeans, underscore the growing recognition of farmers’ struggles. However, the selective nature of these promises—favouring soybeans while overlooking cotton—raises critical questions about the government’s approach to addressing the full spectrum of agrarian distress. The issues faced by cotton farmers in the Vidarbha region are not just economic; they are a reflection of the systemic neglect of one of Maharashtra’s most crucial agricultural sectors.

As the elections approach, it is becoming clear that the promises made to soybean farmers are not enough to quell the growing discontent among the state’s broader agricultural community. The stark contrast between the treatment of soybean and cotton farmers highlights a pressing issue: if the government is willing to guarantee a premium price for one crop, why not do the same for others, particularly cotton, which is equally vital to the state’s economy?

The farmers of Maharashtra, who have long been subjected to exploitation by market forces, are no longer willing to accept empty assurances. The growing unrest and the call for a large-scale movement reflect a deep sense of betrayal, as farmers feel that their livelihoods continue to be undervalued. Whether the BJP, Congress, or any other party comes to power, the farmers’ struggle is unlikely to end until these fundamental issues—fair pricing, market regulation, and sustainable agricultural support—are genuinely addressed.

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• Free cervical cancer vaccines for girls aged 9 to 16

Cervical cancer is a major public health challenge in India, ranking as one of the most common cancers among women. It accounts for a significant percentage of female cancer deaths in the country, with the human papillomavirus (HPV) identified as the primary cause. The MVA government’s proposal to provide free HPV vaccines for girls aged 9 to 16 is a proactive approach to addressing this issue. This initiative is not only a public health priority but also a critical step toward achieving health equity, particularly for families with limited financial resources. Cervical cancer disproportionately affects women in low- and middle-income countries, and India bears a large share of this global burden. The lack of access to preventive healthcare, regular screenings, and costly treatments leads to high mortality rates, especially in under-resourced communities. HPV, a sexually transmitted infection, is a significant risk factor, causing nearly all cervical cancer cases. The infection often goes undetected for years, with symptoms only surfacing in advanced stages when treatment is more challenging and outcomes are poor.

• Expansion of the Mahatma Phule Jan Arogya Scheme

The Mahatma Phule Jan Arogya Scheme (MPJAY), Maharashtra’s flagship health insurance program, has historically provided financial support for select ailments and covered certain treatments in government and empanelled private hospitals. MPJAY primarily focusses on critical and high-cost ailments rather than general health issues, covering around 1,000 types of procedures related to specific heart and kidney diseases, cancer treatments and neurological disorders, amongst others. The goal was to address life-threatening and severe medical conditions that could lead to financial catastrophe if left untreated. The scheme primarily benefited low-income families, giving them access to critical medical treatments they might not otherwise afford. 

Now, the MVA government proposes a significant expansion of MPJAY to cover all diseases, including those resulting from accidents. This transformative change aims to offer a broader safety net, shielding Maharashtra’s economically vulnerable populations from the financial hardships often associated with healthcare expenses. Expanding MPJAY is also an important step toward achieving Universal Health Coverage (UHC) for Maharashtra. In line with the goals of the National Health Mission, which advocates for accessible and affordable healthcare for all, MPJAY’s expansion contributes to creating a more inclusive healthcare system that ensures everyone can access quality medical services.

• Review and expansion of health insurance schemes

Recognising that the current health insurance schemes have limitations, the MVA manifesto proposes a thorough review to identify gaps and expand coverage accordingly. Many existing policies don’t cover all necessary treatments, and out-of-pocket expenses remain high. Enhanced insurance schemes will give citizens better access to advanced healthcare services, benefiting especially middle-income families who often struggle to cover medical costs. Expanding insurance coverage could also help the government partner with private providers to offer subsidised treatments.

• Free medicine availability in government hospitals

Access to free essential medicines in government hospitals is a cornerstone of affordable healthcare. This proposed policy would address the problem of patients not completing treatments due to high medication costs. Providing medicines for free ensures that economic barriers do not prevent people from receiving necessary care, especially for chronic conditions requiring lifelong medication. It also aligns with the National Health Policy’s goal to increase the availability of generic drugs in government facilities.

• Policy for Universal Healthcare Rights

By adopting a Universal Healthcare Rights policy, MVA envisions Maharashtra joining the global efforts to make healthcare accessible and equitable for all. This proposed policy includes a commitment to improving healthcare infrastructure, human resources, and service delivery in rural and urban areas alike. It prioritises inclusive care by ensuring that even the most remote regions of Maharashtra have access to high-quality healthcare.

• Equipping district hospitals with comprehensive facilities

Upgrading district hospitals to provide full medical services is essential for bridging healthcare disparities between urban and rural areas. District hospitals in Maharashtra lack the infrastructure to offer specialised treatments, forcing patients to travel long distances to larger cities. With comprehensive facilities, these hospitals can address a broader spectrum of health needs locally, reducing delays in critical care and improving health outcomes for rural populations.

• Lowering population criteria for Primary Health Centres (PHCs)

In Maharashtra, remote, hilly, and tribal regions often have limited access to healthcare facilities due to challenging terrains, dispersed settlements, and low population densities. By reducing the population requirement for establishing Primary Health Centres (PHCs) from 20,000 to 10,000 in these areas, the MVA aims to address these logistical challenges and bring healthcare closer to the people. This initiative is particularly significant for Maharashtra’s tribal communities, which represent around 9% of the state’s population. These communities, often located in the Sahyadri and Satpura ranges, face not only geographic isolation but also economic and educational barriers to healthcare. Increasing the number of PHCs in these regions will allow residents to access basic health services such as maternal and child health, immunisation, and treatment for common diseases within their localities. This approach helps address longstanding healthcare disparities in Maharashtra, particularly in districts like Gadchiroli, Nandurbar, and Palghar, where the need for accessible healthcare is critical.

Reducing the population threshold to 20,000 for setting up PHCs in other rural parts of Maharashtra will also potentially bring healthcare access within reach for rural communities across the state. PHCs play a crucial role in providing first-level medical care, handling outpatient services, preventive health education, and early diagnosis for common illnesses. By making these centres more widely available, the initiative reduces the need for residents to travel long distances to larger hospitals for minor ailments and preventive care. This not only saves time and costs for rural families but also alleviates the burden on district and sub-district hospitals, allowing them to focus on more complex cases. For rural districts like Ahmednagar, Solapur, and Jalgaon, where many residents rely on agriculture and face seasonal challenges with limited income, the increased accessibility of PHCs can make a significant difference in overall community health. With improved proximity to primary healthcare, early detection and prevention of diseases such as diabetes, hypertension, and respiratory illnesses can be achieved, helping reduce the need for hospitalisations and fostering a healthier rural population.

• Expansion of ambulance services to 2,000

The MVA’s promise to expand Maharashtra’s ambulance fleet to 2,000 vehicles is a commitment to strengthening emergency healthcare access across the state, especially for rural and remote communities where medical facilities can be hours away. In emergencies such as road accidents, natural disasters, childbirth complications, or sudden critical health conditions like heart attacks, timely medical intervention is often a matter of life and death. The increase in well-equipped ambulances, staffed by trained paramedics, will ensure that more people receive rapid, essential care at the scene and on the way to hospitals, significantly reducing response times and potentially lowering mortality rates in critical situations.

This expansion would make a tangible difference for Maharashtra’s rural districts and remote tribal areas, where many communities are located far from the nearest healthcare facility. Regions like Vidarbha, Marathwada, and the tribal areas of the Western Maharashtra, where emergency services are often hard to access, will benefit from the MVA’s focus on bridging these healthcare gaps. By proposing to increase the ambulance fleet, the MVA government aims not only to provide faster emergency responses but also to build a more resilient healthcare infrastructure that can serve all citizens, even in times of large-scale crises. This pledge shows a strong commitment to ensuring that life-saving healthcare is available and accessible across Maharashtra, delivering critical peace of mind to families statewide.

• Right to healthcare policy development for Maharashtra

Crafting a dedicated healthcare policy that aligns with state and national standards will set clear benchmarks for healthcare services in Maharashtra. This policy will provide a foundation for accountability, ensuring all residents have equal access to healthcare. It will also streamline government operations to ensure that healthcare services reach urban and rural populations effectively.

• Increasing the healthcare budget

An increase in healthcare spending is essential for supporting such a comprehensive healthcare program. The manifesto suggests incrementally raising the healthcare budget to 8% of the state’s total budget, aligning with recommendations in the National Health Policy. These funds will be directed towards upgrading infrastructure, expanding facilities, and ensuring sufficient medical supplies, enabling sustainable development of Maharashtra’s healthcare system.

• Construction of a 100-Bed modern hospital in each Taluka

Maharashtra’s 358 talukas represent the administrative backbone of the state, and establishing a 100-bed hospital in each taluka will create a decentralised healthcare system. These hospitals will provide emergency care, specialised services, and in-patient facilities, reducing the burden on tertiary hospitals and ensuring more timely care for residents in their communities.

• Community-based healthcare oversight

Activating community health committees will foster transparency and accountability in public healthcare. These committees will give local representatives and social organisations a voice in healthcare planning, empowering them to shape services that directly address their community’s needs. This model proposed by the MVA promotes citizen engagement, ensuring that healthcare remains responsive to changing local dynamics.

• Health workforce policy and regularisation of contractual nurses

Maharashtra faces significant challenges in maintaining a sufficient and well-trained healthcare workforce, particularly in public health facilities. The state’s healthcare system is often stretched thin, especially in rural and remote areas where the availability of medical professionals is limited. The proposal for introduction of a Health Workforce Policy by the MVA government seeks to address this critical issue by prioritising the filling of existing vacancies in both urban and rural healthcare settings. This policy will focus on recruiting doctors, nurses, paramedics, and other healthcare professionals to ensure that public health centres and district hospitals are adequately staffed. A key component of this initiative is the regularisation of contractual nurses, many of whom work in precarious conditions without job security or benefits. By transitioning these nurses into permanent roles, the policy will not only offer them the stability and financial security they need but also improve their long-term commitment and investment in patient care. Nurses play a central role in the healthcare delivery system, and providing them with permanent positions will lead to better continuity of care, reduced staff turnover, and improved morale. This move will also help Maharashtra address regional disparities, ensuring that both urban and rural areas have access to a well-supported and consistent healthcare workforce, which is essential for the quality of care and patient outcomes across the state.

• Increased remuneration for ASHA and Anganwadi Workers

Accredited Social Health Activists (ASHA) and Anganwadi workers play a critical role in grassroots health services. Maharashtra aims to increase their remuneration, recognising the demanding and often underpaid nature of their work. Despite their critical role, these workers often receive low pay, inadequate benefits, and limited job security, which has resulted in low morale and high turnover rates. Recognising their immense contribution, the MVA government has promised to increase their remuneration. This move will not only provide these workers with a fairer income but also acknowledge the demanding nature of their roles, especially in rural Maharashtra where access to healthcare facilities is limited. By improving the financial recognition of ASHA and Anganwadi workers, Maharashtra aims to ensure that these workers remain motivated and able to continue their vital work in improving community health, thereby reducing health inequalities in rural and underserved areas. Improved pay aligns with practices in states like Kerala, where higher compensation has boosted job satisfaction and led to better health outcomes in rural communities. As of March 2024, the monthly honorarium for an Accredited Social Health Activist (ASHA) worker in Maharashtra is ₹13,000, which is a ₹5,000 increase from the previous amount, bringing it to one of the highest paying states.

• Expanded generic medicine centres and free essential medicines

Offering free essential medicines and expanding generic medicine centers will make treatments more affordable, especially for marginalised communities. Generic centres reduce dependency on costlier branded medicines, encouraging patients to adhere to prescribed treatments and preventing diseases from worsening.

• ‘Stree Shakti’ initiative for women’s health

With over half of India’s women facing anemia, the ‘Stree Shakti’ initiative addresses a critical health issue that affects women’s productivity, pregnancy outcomes, and quality of life. This proposed initiative by the MVA will provide supplements and healthcare support, targeting anemia reduction and improving maternal and child health, leading to a healthier future generation.

• Malnutrition control and Tribal Health and Nutrition Missions

Malnutrition remains a challenge in India, especially in tribal regions. A dedicated Malnutrition Control Board and Tribal Health and Nutrition Mission will coordinate resources and interventions to tackle this problem. The Tribal Health and Nutrition Mission proposed by the MVA in particular, will focus on unique health challenges faced by tribal populations, such as sickle cell anemia and other genetic disorders, improving health equity across Maharashtra.

• Free medication for chronic diseases and preventive health initiatives

Chronic conditions such as diabetes and hypertension are rising in India. According to the manifesto of MVA, they will be providing free medication and encourage early screening so that complications can be prevented, hospitalisations can be reduced, and patients’ quality of life can be removed. Initiatives to control malaria, dengue, TB, and chikungunya reflect a proactive stance on public health.

• Expanded mental health services

Today, mental health issues like depression, anxiety, and digital addiction are being openly discussed and have also become a priority. Establishing counselling centres across the state will make mental health services more accessible, promoting mental well-being and helping residents manage life’s pressures more effectively.

• Transparency and accountability in healthcare services

By implementing a Patient Rights Charter and setting up grievance cells, MVA envisions Maharashtra to make healthcare services more accountable. This transparency will improve trust in public healthcare, giving patients the security of knowing their rights are protected and they have recourse if standards are not met.

• Telemedicine helpline and clean drinking water initiatives

As proposed by the MVA, the telemedicine helpline will provide a valuable resource for remote communities who face challenges accessing healthcare facilities. Clean drinking water campaigns, like ‘Nirmal Jal,’ will combat waterborne illnesses, improving health outcomes in regions such as Marathwada and Vidarbha.

• Addressing the safety of healthcare workers in Maharashtra

The safety of doctors and healthcare professionals is a growing concern in Maharashtra, as across the country, the rise in assaults on medical staff has become a significant issue. These incidents not only jeopardise the physical safety of doctors and staff but also undermine the overall healthcare system, creating an environment of fear and discouragement among medical professionals. To address this, the MVA government has recognised the need for robust measures to protect healthcare workers, emphasising the importance of maintaining a safe working environment for medical staff. The government is committed to taking necessary precautions, such as implementing stricter laws and enforcement against those who resort to violence, introducing better security systems in hospitals, and training healthcare workers in conflict resolution techniques. In addition, the creation of a more supportive environment, including the establishment of dedicated grievance redressal mechanisms for healthcare workers, can help prevent such incidents and ensure that healthcare providers can focus on delivering quality care without the fear of physical harm.

The MVA’s approach to tackling violence against healthcare workers is not just about improving security measures but also about changing the broader culture of healthcare in Maharashtra. The government’s focus on preventing assaults on doctors and medical staff involves not only legislative action but also enhancing public awareness about the importance of treating healthcare workers with dignity and respect. Public campaigns and outreach programs will educate the public on the challenges faced by doctors, especially in high-stress environments like government hospitals where the patient load is often high, and resources are limited. Moreover, strengthening hospital security through the installation of CCTV cameras, increasing the presence of trained security personnel, and enforcing protocols for handling volatile situations will create a safer space for healthcare providers. In the long run, these efforts will encourage more healthcare professionals to work in public hospitals, knowing that their safety and well-being are a priority, thereby improving the overall healthcare system in Maharashtra.

• Target to raise life expectancy to 77 years

Aiming to increase life expectancy reflects Maharashtra’s commitment to a holistic approach to health. Improved public health, accessible healthcare services, and initiatives focused on clean water, sanitation, and preventive care will contribute to a healthier, longer-living population, ultimately enhancing the state’s social and economic development.

Building an inclusive and comprehensive healthcare system for all

The MVA’s healthcare manifesto sets the stage for a transformative shift in Maharashtra’s healthcare landscape, focusing on inclusivity and equity in access to medical care. By implementing a universal healthcare policy, the government aims to ensure that no one, regardless of their economic background, geographic location, or social status, is left behind. The promise to expand primary healthcare services in rural, remote, and tribal areas—by reducing the population threshold for establishing Primary Health Centres (PHCs)—will bring essential healthcare services closer to communities that have historically faced challenges in accessing quality care. The increase in ambulance services to 2,000 vehicles ensures faster and more reliable emergency medical response, reducing delays that can be the difference between life and death in critical situations. This approach will help alleviate the burden on overextended urban hospitals, offering decentralised healthcare options that empower local communities.

Moreover, the commitment to free medicines, vaccination programs, and cancer treatment for women highlights the government’s drive to make healthcare affordable and accessible for all. The MVA’s initiatives will improve health outcomes in marginalised communities, such as the tribal regions of Vidarbha, Marathwada, and the Western Ghats, by addressing health disparities that have persisted for years. This focus on preventive healthcare, including expanding the availability of HPV vaccines, malnutrition control programs, and maternal and child health initiatives, will help reduce the long-term disease burden, improving overall population health and reducing the pressure on expensive hospital treatments. These measures form the foundation of a healthcare system where quality care is guaranteed as a right, not a privilege, contributing to the overall well-being of every citizen across the state.

Sustainable healthcare infrastructure and empowerment of medical workers

The MVA manifesto’s vision extends beyond just expanding access; it aims to build a sustainable healthcare infrastructure that is robust, resilient, and future-ready. With initiatives like equipping every sub-district hospital, building 100-bed modern hospitals in each taluka, and enhancing district hospital facilities, the MVA government is ensuring that Maharashtra’s healthcare infrastructure will be able to handle both present and future challenges. The inclusion of Mohalla clinics in urban areas will make healthcare services more accessible on a local level, while the creation of a Health Workforce Policy and the regularisation of contractual nurses will ensure that the state is equipped with a skilled and motivated healthcare workforce. By addressing the remuneration and job security of crucial grassroots workers like ASHA and Anganwadi workers, the MVA government is directly improving the quality of healthcare at the community level, empowering those who are often the first point of contact for rural and underprivileged populations.

These initiatives, which focus on both infrastructure and workforce development, are designed to create a healthcare system that can withstand future pressures, such as a growing population or emerging health crises. The promise to improve security measures for doctors and prevent assaults further strengthens the healthcare ecosystem by ensuring that medical professionals can work in a safe, supportive environment. Together, these transformative changes will not only increase the state’s healthcare coverage but also foster an environment where medical professionals, from frontline health workers to doctors, can thrive. By prioritising healthcare as a fundamental right and building a system that supports both patients and providers, MVA envisions Maharashtra to be on the path to becoming a model state for healthcare, one that sets new standards for accessibility, quality, and sustainability.

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The post The MVA promise to uphold right to healthcare in Maharashtra: A visionary approach to equitable and comprehensive health access appeared first on SabrangIndia.

Details of the present pleas before the Bench:

The judgment emerged from a batch of writ petitions filed under Article 32 of the Constitution, wherein various individuals sought relief against the summary demolition of their properties. The Supreme Court was hearing two urgent applications, moved by the victims of these targeted petitions, along with separate pleas filed by Jamiat and CPI (M) leader Brinda Karat, challenging recent demolition actions by authorities in the states of Madhya Pradesh and Rajasthan. These pleas have been moved by the victims, Rashid Khan from Rajasthan and Mohammad Hussain from Madhya Pradesh, whose homes were targeted.

One of the applications was filed by the Rashid Khan, a 60-years old auto-rickshaw driver from Udaipur. In Udaipur the District Administration demolished the house of Rashid as one of his tenant’s boy, allegedly stabbed his classmate. An order was issued by the district forest authority and Municipal Corporation on Friday, August 16, 2024 and gave the family time till Tuesday i.e. August 20 to vacate their home, but the authorities demolished the house a little later on August 17.

The other plea was filed by Mohammad Hussain from Madhya Pradesh who has also alleged that his house and shop were unlawfully bulldozed by the state administration. Both Khan and Hussain’s applications were filed in the context of a case previously submitted by Jamiat Ulama I Hind, which objected to the demolition of Muslim homes in Haryana’s Nuh following communal violence between Hindus and Muslims.

Observations by the Court

The Supreme Court’s judgment provides a detailed analysis of several foundational principles and addresses each issue comprehensively:

1. Upholding the rule of law: The Supreme Court underscored that the rule of law is a fundamental tenet of the constitutional framework and must guide all state actions. Referencing A.V. Dicey, the Court emphasised that the rule of law requires that every individual is subject to the same laws and that state actions should always align with legal principles. Any actions taken outside of these laws are arbitrary and undermine democracy. In the demolition cases, the Court highlighted that state authorities appeared to have bypassed legal frameworks, breaching the rule of law.

“There can be no doubt with the principle that, no one is above the law of the land; that everybody is equal before the law.” (Para 15)

2. Principle of separation of powers: The Court emphasised the importance of the separation of powers, stating that while the executive has broad administrative authority, punitive actions with serious consequences fall under the judiciary’s exclusive purview. The judgment argued that punitive measures without judicial oversight infringe upon judicial authority and weaken the justice system. By acting as both accuser and judge, the executive undermined legal safeguards designed to protect individuals from arbitrary punishment.

“If the executive in an arbitrary manner demolishes the houses of citizens only on the ground that they are accused of a crime, then it acts contrary to the principles of ‘rule of law’. If the executive acts as a judge and inflicts penalty of demolition on a citizen on the ground that he is an accused, it violates the principle of ‘separation of powers’. We are of the view that in such matters the public officials, who take the law in their hands, should be made accountable for such high-handed actions.” (Para 53)

3. Presumption of innocence: The Court reiterated that the presumption of innocence is central to criminal justice and must not be disregarded for expediency. Citing landmark cases, the Court underscored that imposing punishment prior to judicial determination contradicts principles of fairness and justice. It acknowledged that while demolitions might deter unlawful behaviour, they cannot substitute for due process and judicial oversight.

“The principle, that “an accused is not guilty unless proven so in a court of law” is foundational to any legal system. It reflects the presumption of innocence, which means that every person accused of a crime is considered innocent until proven guilty beyond a reasonable doubt by a court of law. This principle ensures that individuals are not unfairly punished or stigmatized based solely on accusations or suspicions.” (Para 63)

4. Right to shelter: The Court held that the right to shelter is fundamental and integral to human dignity, protected under Article 21. The judgment noted that arbitrary demolition of one’s home severely infringes on the right to life. Drawing from international human rights conventions, the Court argued that shelter provides physical and psychological security essential for a stable life, emphasising that arbitrary actions against shelter are unconstitutional.

“The right to shelter is one of the facets of Article 21. Depriving such innocent people of their right to life by removing shelter from their heads, in our considered view, would be wholly unconstitutional.” (Para 78)

“Punishing such persons who have no connection with the crime by demolishing the house where they live in or properties owned by them is nothing but an anarchy and would amount to a violation of the right to life guaranteed under the Constitution.” (Para 76)

5. Public accountability and trust: Referring to the doctrine of public trust, the Court stated that state officials are entrusted by the public and must conduct actions transparently, with accountability for abuses of power. It found that demolitions without legal grounds breached public trust, requiring accountability measures. Officials responsible for such demolitions were deemed to have acted in bad faith, warranting punitive consequences.

“This Court held that the well-established precepts of public trust and public accountability are fully applicable to the functions which emerge from the public servants or even the persons holding public office. It has been held that the doctrine of “full faith and credit” applies to the acts done by the officers in the hierarchy of the State. They have to faithfully discharge their duties to elongate public purpose.” (Para 47)

6. Potential abuse of power in demolitions: The Supreme Court critical assessed the arbitrary demolition of properties belonging to accused individuals, describing such actions as a potential “abuse of power” that contradicts constitutional principles. Justices BR Gavai and KV Viswanathan observed that selective demolition, where certain structures were demolished while others remained untouched, suggested state malice.

“…when a particular structure is chosen all of a sudden for demolition and the rest of the similarly situated structures in the same vicinity are not even being touched, mala fide may loom large. In such cases, where the authorities indulge into arbitrary pick and choose of the structures and it is established that soon before initiation of such an action an occupant of the structure was found to be involved in a criminal case, a presumption could be drawn that the real motive for such demolition proceedings was not the illegal structure but an action of penalizing the accused without even trying him before the court of law. No doubt, such a presumption could be rebuttable. The authorities will have to satisfy the court that it did not intend to penalize a person accused by demolishing the structure.” (Para 82) 

7. Limits of executive authority: The judgment asserted that the executive cannot bypass judicial processes to punish an accused by demolishing property, as this oversteps executive powers and undermines the rule of law. The Court described these arbitrary demolitions as “high-handed” and deemed demolitions without the authorities following the basic principles of natural justice and acting without due process to be a “chilling sight”.

“The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where “might was right”. In our constitution, which rests on the foundation of ‘the rule of law’, such high-handed and arbitrary actions have no place. Such excesses at the hands of the executive will have to be dealt with the heavy hand of the law. Our constitutional ethos and values would not permit any such abuse of power and such misadventures cannot be tolerated by the court of law.” (Para 72)

8. Due process for the accused and convicted: The Court underscored that due process is essential not only for those accused of crimes but also for individuals who have been convicted. It highlighted that, even in cases of conviction, property cannot be demolished without following the procedures established by law. The Court further stressed that any executive action assuming guilt and enacting punishment, like demolition, without a fair trial, infringes on the principle of separation of powers.

“As we have already said, such an action also cannot be done in respect of a person who is convicted of an offence. Even in the case of such a person the property/properties cannot be demolished without following the due process as prescribed by law. 74. Such an action by the executive would be wholly arbitrary and would amount to an abuse of process of law. The executive in such a case would be guilty of taking the law in his hand and giving a go-bye to the principle of the rule of law.” (Para 73 and 74)

9. Rights of the accused: The judgment stated that individuals accused of crimes are entitled to fundamental constitutional protections, such as the right to a fair trial, the right to dignity, and protection from cruel or inhumane treatment. The Court affirmed that both accused and convicted individuals have specific rights enshrined in constitutional and criminal law, which the state must respect. It further stressed that arbitrary or excessive actions against accused persons or convicts are impermissible without adhering to lawful procedures. The Court called for institutional accountability in cases where an accused person’s rights are compromised due to state overreach, reinforcing the foundational legal principle of presumed innocence until proven guilty.

“It is to be noted that even in the cases consisting of imposition of a death sentence, it is always a discretion available 74 to the courts as to whether to award such an extreme punishment or not. There is even an institutional safeguard in the cases of such punishment to the effect that the decision of the trial court inflicting death penalty cannot be executed unless it is confirmed by the High Court. Even in the cases of convicts for the commission of most extreme and heinous offences, the punishment cannot be imposed without following the mandatory requirements under the statute. In that light, can it be said that a person who is only accused of committing some crime or even convicted can be inflicted the punishment of demolition of his property/properties? The answer is an emphatic ‘No’.” (Para 75)

10. Accountability for public officials in arbitrary demolitions: The Court emphasised that public officials involved in carrying out such demolitions must be held accountable for their actions. It stressed that those who act beyond the law in such an arbitrary and forceful manner should be made responsible for their actions, underscoring the importance of restitution in such cases.

“We are of the view that in such matters the public officials, who take the law in their hands, should be made accountable for such high-handed actions. 54. For the executive to act in a transparent manner so as to avoid the vice of arbitrariness, we are of the view that certain binding directives need to be formulated. This will ensure that public officials do not act in a high-handed, arbitrary, and discriminatory manner. Further, if they indulge in such acts, accountability must be fastened upon them.” (Para 53 and 54)

11. Reinforcing Constitutional ethos: In summary, the Court highlighted that executive authorities are not permitted to bypass judicial processes or assume judicial functions by deciding guilt and administering punishment. The Court emphasised that determining guilt is the exclusive domain of the judiciary. This judgment reinforces India’s commitment to the rule of law, ensuring that executive actions, regardless of the seriousness of the accusations, adhere to constitutional limits and uphold procedural justice.

“It is a settled principle of criminal jurisprudence as recognized in our country that a person is presumed to be innocent till he is held guilty. In our view, if demolition of a house is permitted wherein number of persons of a family or a few families reside only on the ground that one person residing in such a house is either an accused or convicted in the crime, it will amount to inflicting a collective punishment on the entire family or the families residing in such structure. In our considered view, our constitutional scheme and the criminal jurisprudence would never permit the same.” (Para 88)

Power of Article 142

To prevent arbitrary demolitions, the Court exercised its authority under Article 142 of the Indian Constitution, establishing guidelines to curb “bulldozer actions” as punitive measures against those accused or convicted of crimes. It mandated that individuals facing demolition should be granted time to contest the orders, ensuring they have a fair chance to challenge the demolition in an appropriate forum. The Court also advised that authorities should delay action, especially when vulnerable groups—such as women, children, and elderly persons—are required to vacate, suggesting that a brief postponement would not compromise the state’s interests.

“In order to allay the fears in the minds of the citizens with regard to arbitrary exercise of power by the officers/officials of the State, we find it necessary to issue certain directions in exercise of our power under Article 142 of the Constitution. We are also of the view that even after orders of demolition are passed, the affected party needs to be given some time so as to challenge the order of demolition before an appropriate forum. We are further of the view that even in cases of persons who do not wish to contest the demolition order, sufficient time needs to 87 be given to them to vacate and arrange their affairs. It is not a happy sight to see women, children and aged persons dragged to the streets overnight. Heavens would not fall on the authorities if they hold their hands for some period.” (Para 90)

The Court specified that these protections do not apply to unauthorised structures in public spaces, including roads, footpaths, railway tracks, or areas near water bodies, nor to demolitions ordered by a court. This exception aims to balance individual rights with the need to prevent unauthorised occupation of public spaces.

Directions issued by the Court

The court issued comprehensive guidelines to prevent arbitrary demolitions and to reinforce procedural fairness by establishing the following:

1. Time to challenge demolition orders: After a demolition order is issued, the affected individuals must be allowed sufficient time to contest the order before the appropriate forum.
2. Time for voluntary vacating: Even for those who do not intend to challenge the demolition, adequate time should be provided to vacate the premises.
3. Mandatory show-cause notice: No demolition should occur without a prior show-cause notice, served either within the time specified by local municipal laws or within 15 days of service, whichever is later.
4. Notice delivery and documentation: Notices must be sent by registered mail to the property owner and posted visibly on the property. A digital notification should also be sent to the office of the Collector or District Magistrate, which must acknowledge receipt to ensure transparency.
5. Designation of nodal officer: District Magistrates should designate a nodal officer and assign an official email for demolition communications within one month.
6. Detailed notice content: The notice should outline the nature of the unauthorised construction, specific violations, demolition grounds, personal hearing dates, and the authority handling the matter.
7. Digital portal requirement: Municipal authorities must set up a digital portal within three months where details about notices, responses, show-cause orders, and final decisions are accessible.
8. Opportunity for personal hearing: The designated authority must allow a personal hearing for the affected party, recording the hearing minutes and providing a reasoned final order. This order should address the party’s arguments, the authority’s findings, and whether partial or full demolition is justified.
9. Judicial review: If an appeal mechanism exists, the demolition order must be on hold for 15 days from receipt to allow the owner a chance to appeal. The order should also be posted on the digital portal.
10. Opportunity for voluntary removal: The property owner should be given the chance to remove unauthorised construction voluntarily within the 15-day period. If they do not comply, and no stay is granted by an appellate authority, demolition may proceed.
11. Limit to non-compoundable structures: Only parts of the structure that are non-compoundable under local laws may be demolished.
12. Inspection and videographic documentation: Before demolition, the authority must prepare an inspection report, videograph the process, and preserve records. The final report, including a list of personnel involved, must be submitted to the Municipal Commissioner and uploaded to the digital portal.
13. Contempt and accountability: Any breach of these guidelines may lead to contempt proceedings and prosecution. If demolitions violate Court orders, responsible officers may be liable for restoring the property at personal cost, including payment of damages.
14. Dissemination of judgment: The judgment was ordered to be distributed to Chief Secretaries of all States and UTs and Registrar Generals of High Courts. States must circulate guidance on the ruling to relevant authorities.

Petitioners’ contentions

The petitions collectively contended that state authorities were engaging in a disturbing pattern of demolishing homes and businesses of individuals accused in criminal cases without following due process of law. This trend, referred to colloquially as “bulldozer justice,” involved allegations that these demolitions were targeted actions against certain communities and political dissenters, carried out in the absence of formal judicial determinations of guilt or proper legal protocols.

The petitioners pointed out specific instances in states like Uttar Pradesh, Madhya Pradesh and Rajasthan, where several demolitions had taken place following allegations of involvement in criminal activities or political protests. In such cases, state machinery reportedly moved swiftly to demolish the homes of accused individuals, often with little to no prior notice, minimal opportunity for appeals, and a lack of legal proceedings establishing their guilt. These actions, according to the petitioners, not only violated the fundamental rights to shelter, equality, and due process but also reflected a breakdown of the rule of law in favour of executive overreach.

The court’s task was therefore to examine whether these demolition actions were legally defensible or whether they constituted a misuse of state power in breach of constitutional protections. The case brought into focus several interwoven principles: the rule of law, separation of powers, and the fundamental rights of individuals, including the right to property and shelter.

Central issues highlighted in the case

The judgment identifies and dissects several key issues that had been brought up by the petitioners:

1. Violation of due process of law: The petitions emphasised that the demolitions were conducted without procedural fairness, including notice and the opportunity for a hearing, which are foundational to the principle of natural justice. This issue questioned whether the state could deprive individuals of property without any formal adjudication or adherence to legal procedures.
2. Presumption of innocence: The petitions highlighted a troubling presumption of guilt that appeared inherent in the state’s actions, with demolitions proceeding on the basis of allegations or accusations being raised by the state police against the targeted individuals alone. This aspect raised concerns over the use of administrative powers to punish individuals in lieu of judicially sanctioned penalties, undermining the accused’s right to be presumed innocent until proven guilty.
3. Arbitrariness and erosion of rule of law: The judgment had to consider whether these demolitions represented a breach of the rule of law. The principle of rule of law, foundational to a democratic society, requires that all state actions be predictable, transparent, and consistent. Arbitrary demolitions carried out without proper legal authorisation or transparent procedures brought into question the very fabric of rule-based governance.
4. Separation of powers: The case addressed the overstepping of executive powers into areas traditionally reserved for the judiciary. Punitive actions, such as passing convictions and sentencing the demolition of property, typically fall under the jurisdiction of the judiciary, ensuring a fair trial and proportional punishment. The court’s role was to determine if the executive had bypassed the judiciary’s role by unilaterally deciding to punish individuals outside of the formal legal system.
5. Accountability and public trust: The principle of accountability emerged as a critical concern, examining whether state officials could be held accountable for demolitions conducted in violation of legal procedures. The doctrine of public trust mandates that public officials exercise power as custodians of the people’s trust, acting transparently and responsibly.

Arguments raised by the parties

Submissions made by the petitioners: The petitioners had argued that the demolitions were in clear violation of constitutional rights and represented an abuse of state power. They asserted the following:

• Lack of adherence to due process: The demolitions were carried out without prior notice or an opportunity for the accused to present their case. This disregard for procedural safeguards contravened the constitutional mandate of Article 21, which protects the right to life and personal liberty. By bypassing established procedures, the state not only deprived the accused of their property but also of their dignity and sense of security.
• Punitive in nature: The petitioners contended that the demolitions were punitive measures disguised as administrative actions. They argued that demolishing homes of those accused of crimes, without any judicial pronouncement of guilt, amounted to a pre-emptive punishment that violated the principle of presumption of innocence. This, they argued, created a dangerous precedent where the executive assumed the role of judge, jury, and executioner.
• Infringement of fundamental rights: The right to shelter, enshrined as a fundamental right, was argued to be inalienable and non-derogable. The petitioners highlighted that the Constitution protects individuals from state actions that threaten basic human needs, such as a home. They pointed to the jurisprudence that recognises shelter as integral to human dignity and a necessary condition for the exercise of other rights.
• Discriminatory and arbitrary actions: The petitioners argued that the demolitions were disproportionately aimed at certain communities and individuals, indicating a selective and discriminatory application of administrative power. This arbitrary use of state machinery not only undermined the rule of law but also created a perception of bias and prejudice in state actions.

Senior advocate Abhishek Manu Singhvi, senior advocate M.R. Shamshad, senior advocate Sanjay Hegde, senior advocate C.U. Singh, senior advocate Nitya Ramakrishnan, advocate Prashant Bhushan, advocate Mohd. Nizammudin Pasha, advocate Fauzia Shakil and advocate Rashmi Singh had appeared for the petitioners/applicants.

Submissions made by the respondents:

The state governments and the Union of India, represented by the Solicitor General Tushar Mehta, defended the demolitions on several grounds, such as:

• Lawfulness of demolitions: The respondents argued that all demolitions were conducted in accordance with municipal laws and regulations that allow for the removal of unauthorised constructions. They contended that these actions were administrative in nature and were necessary for enforcing urban planning and public order. Demolitions, they argued, were within the executive’s purview and did not require judicial sanction in cases of unauthorised structures.
• Protection of public order: The respondents maintained that the demolitions were legitimate actions to maintain public order and enforce laws regarding land use and property management. They argued that individuals accused of crimes often built or occupied unauthorised structures, and removing these structures was part of a broader strategy to uphold lawful land use.
• Statutory authority and exceptions: The respondents cited specific provisions under municipal laws that permitted immediate demolitions without notice in cases of unauthorised encroachments on public land, roads, or water bodies. They argued that under such statutes, the state had a statutory mandate to act swiftly in the removal of unlawful structures to prevent public nuisances and ensure public safety.

Reaffirming the rule of law: A landmark judgment safeguarding fundamental rights, human rights and judicial oversight

This judgment firmly establishes that no citizen in India can be deprived of their property or shelter without lawful process and judicial oversight, underscoring the commitment to constitutional principles that protect individual rights against overreach. The ruling reinforces democratic safeguards by placing stringent checks on executive powers, mandating that actions affecting private property and shelter must follow clear procedural protections. In doing so, it highlights the judiciary’s role as a defender of individual rights, ensuring that the state cannot exercise arbitrary authority that undermines citizens’ trust in the rule of law. This foundational stance is a crucial reminder that state power, while necessary, must operate within the bounds of fairness and legal accountability.

At the heart of the judgment is a reaffirmation of the rule of law, emphasising that democratic governance must adhere to principles of justice and non-selective enforcement of laws. It reinforces that no arm of the state, including the executive, can bypass established legal processes to impose punishment, a critical safeguard against abuse of power. By reiterating that punitive actions, such as demolitions, cannot be decided or enacted by the executive without judicial endorsement, the judgment underlines the importance of a system that values transparency, fairness, and predictability in state actions. This ruling is timely in a period of increasing concern over unchecked executive power and serves to uphold the idea that the judiciary is the sole authority on matters of guilt and punishment.

The judgment also extends robust protections to fundamental rights, especially those of vulnerable communities who are often at risk of unjust state actions. In recognising the right to shelter as an extension of the right to life and dignity, it underscores the societal importance of a stable home, affirming that housing is more than mere property—it is security, identity, and foundation. The ruling’s procedural safeguards and accountability measures are particularly impactful for marginalised communities, who are disproportionately affected by evictions and demolitions. These protections are crucial in a landscape where informal housing is common and where rapid state actions can push vulnerable populations into severe socio-economic hardship. The judgment, therefore, reinforces the judiciary’s role as a champion of inclusive protection, ensuring that all citizens, regardless of socio-economic status, are shielded from arbitrary actions.

The judgment’s emphasis on accountability and transparency is another key takeaway, introducing procedural requirements that mandate prior notice, digital records, and opportunities for affected individuals to respond before any state-led demolition. This push for transparency, with directives for a public digital portal to document each demolition, is a step toward increased public oversight, which in turn builds citizens’ confidence in government processes. The emphasis on personal accountability, where officials can face consequences for violations, serves as a significant deterrent to potential abuses of power. By setting these standards, the judgment promotes responsible governance that aligns with democratic principles, ensuring that public officials act as guardians of, rather than threats to, citizens’ rights.

Ultimately, this ruling is a powerful legacy for Indian governance and the judiciary’s role as a custodian of democracy and civil liberties. It sends a message both domestically and internationally that India’s democratic system, rooted in respect for human rights and the rule of law, stands firm against authoritarian tendencies. As a landmark decision, it will likely be a touchstone for future cases involving executive overreach, setting a precedent that demands due process, accountability, and judicial oversight as essential elements of governance. This judgment is not just a procedural mandate; it is a robust assertion of democratic values, a testament to the judiciary’s responsibility in upholding the Constitution, and a commitment to safeguarding citizens from the misuse of state power.

The complete judgment may be read below.

(Details of the previous orders can be read here, here and here.)

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The post Supreme Court reinforces due process in demolition cases, lays down stringent guidelines to prevent arbitrary demolitions appeared first on SabrangIndia.

All those detained Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool), Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district and Rehamatullah from Doda District (J&K) were only raising pertinent issues regarding socio-environmental impacts of large projects as well as solid waste management.

Some of the key signatories from over 20+ states, include notable activists, academics, advocates like: Prof. Roop Rekha Verma, Rama Teltumbde, Soumya Dutta, Prof. Manoranjan Mohanty, Prof. Uma Chakravarti, Lalita Ramdas, Kavita Srivastava, Adv Indira Unninayar, Dr. Sandeep Pandey, Elina Horo, Mayalmit Lepcha, Himanshu Thakkar, Anuradha Bhasin, Sheikh Ghulam Rasool, Anmol Ohri, Mohd Ishak, Shamsul Islam, Arun Khote, Anand Patwardhan, John Dayal, Dunu Roy, Dr. Nandita Narrain, Raja Muzaffar Bhatt, Prafulla Samantara, Prof. Padmaja Shaw, Hasina Khan, Ashok Chowdhury, Yash Marwah, Cedric Prakash, Ruchit Asha Kamal, Adv Vinay Sreenivasa, Dr. Gabriele Dieterich, Manshi Asher, Kailash Meena, Suhas Kolhekar, Vidya Dinker, Madhuri, Bittu KR, Bhanu Tatak, AS Vasantha, Prasad Chacko, Adv Vertika, Meera Sanghamitra and many others.

The signatories came out in strong support of the activists stating, “socio-ecological justice activism and raising legitimate concerns should not be mislabeled as “anti-national.  Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues”. Such actions of the State undermine people’s right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes.

It must be emphasised that popular opposition to hydro-power, mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the enviro, socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.

An appeal was made both to the newly formed government in Jammu & Kashmir and to the Union Government not to resort to high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way. The signatories hoped that as the 29th United Nations Climate Change Conference at Baku (COP29) is underway, necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.

Yesterday, November 12, The Wire had reported that one of those detained, a young activist from Doda, whose detention under the Public Safety Act (PSA) was quashed in 2016 by J&K high court, has again been booked under the controversial law, with his family and a member of J&K legislative assembly alleging that he was targeted by the authorities for his activism. Ironically, Rehamatullah’s detention under the same draconian law was quashed by the HC in 2017. His arrest comes soon after five trade union leaders of Chenab Valley were slapped with the PSA, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

This action comes days after five trade union leaders from the adjoining Kishtwar district of Chenab Valley were slapped with the PSA and taken into preventive custody, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

The controversial legislation, which has been dubbed as a “lawless law” by Amnesty International, has been widely used to silence political dissidents and government critics in Jammu and Kashmir by the Union government after the reading down of Article 370 in 2019, according to free speech activists.

Though the Union territory of Jammu and Kashmir now has an elected government, the police report to the Union ministry of home affairs via the lieutenant governor since the UT government’s limited mandate does not extend to law and order.

‘Sympathiser of militants’

In its latest action on November 9, Rehamatullah, 25, who lives in Dessa Bhatta of Doda, was booked under the PSA on charges of being an alleged “overground worker and sympathiser of militants” who posed a “threat to the security of the state”. The dossier (PSA 02 of 2024) also accused Rehamatullah of being “in continuous touch with ISI/PAK based settled militants”.

However, the five-page dossier, which has been prepared by the Senior Superintendent of Police (Doda) and approved by deputy commissioner Doda Harvinder Singh, does not refer to any formal anti-terror charges under which Rehamatullah has been booked in the past.

The dossier stated that the young activist has been booked in five FIRs (two of them for his speeches, one each for wrongful restraint, abduction and criminal trespass) and he has got bail from the courts in all the cases. It also referred to a Daily Dairy entry (No. 5 of August 2, 2024) against Rehamatullah at Doda police station.

The DD entry accused the young activist of purportedly using VPN for accessing the internet “so that his anti-national activities and his links across the border with PAK/POK based militant cannot be detected”.

“As evident from the above, it can be…concluded that the subject has maintained his links with the PAK/ POK based militants, which may have been used by foreign terrorists in killing defense forces personnel in multiple attacks in the district in the last 6 months. It is clear that the subject…has become a great threat to the security of the State,” the dossier noted.

Rehamatullah is the father of two minor children and the youngest among three siblings.

‘A big scam’

However, Doda MLA and Aam Aadmi Party (AAP) leader, Mehraj Malik sought to link the detention of Rehamatullah under the PSA with a video interview on November 6 in which the activist had accused the Doda deputy commissioner of failing to enforce the rules governing the disposal of solid waste in the town.

Against the backdrop of plumes of smoke rising from mounds of garbage, which he claimed had been set on fire by Doda town’s municipal authorities, Rehamatullah can be heard saying that the unscientific disposal of garbage was causing health issues for the residents. A Solid Waste Management Project was approved by the National Building Construction Corporation Limited in 2008 for Doda to collect garbage from 17 wards of the town and convert it into manure.

“The plant was supposed to minimise the negative impacts of solid waste on environment, quality of life and health. Why is the magistrate not taking suo moto cognisance? Why is the pollution control board and municipality silent? It is a big scam. Crore of rupees are being swindled. The government should look into it,” the activist had asked. In another video on September 16, Rehamatullah can be heard appealing the people to use their democratic right to vote to give a “befitting reply” to the “forces of tyranny” and “those targeting the identity” of Jammu and Kashmir, “I appeal people to throng the polling booths and give a befitting reply to the tyrants by raising the slogan of ‘Inquilab zindabad’,” he said.

Charges against five trade union leaders

The detention of Rehamatullah came days after five trade union leaders in the adjoining Kishtwar district were booked under the PSA amid growing concerns over the environmental degradation caused by the power projects in the district. The detention of the five leaders was condemned by the Peoples Democratic Party president Mehbooba Mufti, among others.

According to reports and several social media posts from journalists and activists in Chenab Valley, which comprises Doda, Kishtwar and Ramban districts, the five detainees had been flagging the issues of environmental degradation, poor compensation and health hazards triggered by pollution due to the ongoing construction of these power projects.

However, the administration has accused the five men of “anti-national activities” and “disturbing public order”. Doda-based journalist and editor of The Chenab Times, Anzer Ayoub said that the fact that the detainees were trade union leaders “is a gross abuse of power.”

The entire statement issued by academics and activists may be read below:

Stop Arbitrary Detentions and Intimidation of Social & Environmental Activists in Jammu & Kashmir

Save Ecology & Uphold Democratic Rights in J&K and entire Himalayan Region Release all detained activists immediately: Withdraw arbitrary cases

The National Alliance of People’s Movements (NAPM), along with other people’s organizations and concerned citizens from across India strongly condemns the arbitrary detention of social and environmental activists in Jammu & Kashmir under the Public Safety Act (PSA). Those detained under the provisions of J&K Public Safety Act, 1978, include Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool) and Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district.

The authorities claim that these persons were attempting to ‘obstruct projects of national importance’. However, according to local sources and social media posts of activists and journalists from the Chenab Valley, the detained activists were voicing several specific concerns about the hydropower projects including infrastructure-related impacts and damages, environmental violations, denial of compensation and rehabilitation etc. They also alleged that local houses and properties suffered severe damage due to project-related blasting and that construction work reportedly caused ‘structural integrity issues’ in nearby buildings. It is learnt that 22 other persons have been placed under state ‘surveillance’ and we fear that they may also be subject to arbitrary detention or arrests.

It has also been reported that another young climate activist Rehamatullah (25), from Dessa Bhatta of Doda (J&K), who has been vocal about environmental issues and was actively uncovering a solid waste management scam, has been detained under the Public Safety Act (PSA). His work exposed the alleged misuse of funds and negligence in managing local waste, affecting public health and the environment. These detentions have raised concerns among local communities and environmental organizations, who view it as a suppression of environmental activism and transparency efforts.

We are of the earnest view that the detention of these activists who have only been advocating for the protection of local ecosystems, people’s democratic rights and truly sustainable development, undermine the right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes. It also represents a troubling misuse of power and a suppression of fundamental rights, which should alarm every citizen who believes in democracy and justice.

The criminalization of activism in Jammu and Kashmir, exemplified by laws such as the Public Safety Act (PSA), has systematically suppressed local voices. We must unite in support of activists, including climate justice activists, and support their well-meaning advocacy efforts in J&K. It is imperative that the new government that has been voted to power in J&K with expectations that at least some democratic rights would be upheld, must live up to this popular mandate. Even as issues and subjects of federal rights are divided between the Centre and J&K, we expect the Lieutenant Governor and the Central Government to act responsibly and refrain from high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way.

It must be emphasised that popular opposition to hydro-power and mega infrastructure is not isolated to the region of Jammu & Kashmir, but is seen across the Himalayan states, given the environmental and socio-economic threats these projects pose to the region at large. Thus, clamping down on ecological movements in the region only hampers the much-needed struggle to combat climate crisis.

NAPM strongly asserts that socio-ecological justice activism and the act of raising legitimate concerns should not be mis-labelled as “anti-national.” Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues.

We call for the immediate and unconditional release all detainees and demand that the PSA, other charges against them be withdrawn. Activism and dissent are essential components of a healthy democracy, and they should be respected rather than criminalized. The authorities must instead impartially inquire into the allegations of corruption, ensure participatory socio- environmental impact assessments and prioritize ecological justice. As the 29^th United Nations Climate Change Conference kickstarts at Baku (COP29), we hope necessary attention would be paid to environmental defenders back home, safeguarding ecology at great risk.

List of Signatories 

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Calling “detentions and intimidation” of social and environmental activists in J&K “arbitrary”,  NAPM sought in a statement the release of all detained activists immediately, withdrawal of arbitrary cases under Public Safety Act (PSA) against them, and stop criminalising activists.

National Alliance of People’s Movements (NAPM), along with other people’s organizations and concerned citizens from across India strongly condemns the arbitrary detention of social and environmental activists in Jammu & Kashmir under the Public Safety Act (PSA). Those detained under the provisions of J&K Public Safety Act, 1978, include Mohammad Abdullah Gujjar (resident of Sigdi Bhata), Noor Din (resident of Kakerwagan), Ghulam Nabi Choppan (resident of Trungi – Dachhan), Mohammad Jaffer Sheikh (resident of Nattas, Dool) and Mohammad Ramzan (resident of Dangduroo – Dachhan), trade union leaders from Kishtwar district.

The authorities claim that these persons were attempting to ‘obstruct projects of national importance’. However, according to local sources and social media posts of activists and journalists from the Chenab Valley, the detained activists were voicing several specific concerns about the hydropower projects including infrastructure-related impacts and damages, environmental violations, denial of compensation and rehabilitation etc. They also alleged that local houses and properties suffered severe damage due to project-related blasting and that construction work reportedly caused ‘structural integrity issues’ in nearby buildings. It is learnt that 22 other persons have bene placed under state ‘surveillance’ and we fear that they may also be subject to arbitrary detention.

It has also been reported that another young climate activist Rehamatullah (25), from Dessa Bhatta of Doda (J&K), who has been vocal about environmental issues and was actively uncovering a solid waste management scam, has been detained under the Public Safety Act (PSA). His work exposed the alleged misuse of funds and negligence in managing local waste, affecting public health and the environment. These detentions have raised concerns among local communities and environmental organizations, who view it as a suppression of environmental activism and transparency efforts.

We are of the earnest view that the detention of these activists who have only been advocating for the protection of local ecosystems, people’s democratic rights and truly sustainable development, undermine the right to hold authorities accountable, the right to peaceful protest and community involvement in decision making processes. It also represents a troubling misuse of power and a suppression of fundamental rights, which should alarm every citizen who believes in democracy and justice.

The criminalization of activism in Jammu and Kashmir, exemplified by laws such as the Public Safety Act (PSA), has systematically suppressed local voices. We must unite in support of activists, including climate justice activists, and support their well-meaning advocacy efforts in J&K. It is imperative that the new government that has been voted to power in J&K with expectations that at least some democratic rights would be upheld, must live up to this popular mandate. Even as issues and subjects of federal rights are divided between the Centre and J&K, we expect the Lieutenant Governor and the Central Government to act responsibly and refrain from high-handed interventions, as people on the ground voice legitimate concerns in a peaceful way.

NAPM strongly asserts that socio-ecological justice activism and the act of raising legitimate concerns should not be mislabeled as “anti-national.”  Attempts to silence dissent by branding it as “anti-national” weaken the foundations of democratic governance and hinder constructive dialogue on pressing social issues.

We call for the immediate and unconditional release all detainees and demand that the PSA charges against them be withdrawn. Activism and dissent are essential components of a healthy democracy, and they should be respected rather than criminalized. The authorities must instead impartially inquire into the allegations of corruption and ensure that ecological justice is prioritized. As the 29th United Nation Climate Change Conference kickstarts at Baku (COP29), we hope necessary attention would be paid to environmental defenders safeguarding ecology at great risk.

Courtesy: CounterView

The post Detentions and intimidation of social and environmental activists in J&K arbitrary: NAPM appeared first on SabrangIndia.

Key speakers, including writer Murzban Shroff, public health expert Dr. Amar Jesani, and workers’ union leader Ranga Satavse, condemned the controversial wet-lease model under which private contractors lease buses to BEST. According to the speakers, this system has resulted in severe declines in the quality and availability of buses, inadequate maintenance, and overexploitation of workers.

Ranga Satavse, a prominent union representative for BEST workers, emphasised that privatisation, underpinned by the wet-lease system, has exacerbated issues like the increasing number of bus breakdowns, a lack of replacement parts, and poor working conditions. As per a report of the Free Press Journal, he noted that the increasing reliance on private contractors has led to rising costs for BEST and decreased reliability for commuters. 

The advocacy group has been vocal about the negative impacts of privatisation, and at this gathering, they reiterated their calls for urgent reforms to restore public accountability and service quality. Their demands include subsidising the BEST service as part of the Brihanmumbai Municipal Corporation (BMC) budget, a significant increase in the fleet size to at least 6,000 buses, and a halt to the monetisation of essential land holdings like the BEST depots.

AMAB’s key demands and proposed reforms

The AMAB movement, which has been raising awareness on this issue for some time, laid out a detailed list of demands aimed at reversing the negative impacts of privatisation and revitalising the public transport system for the benefit of all Mumbaikars. These demands are both practical and long-term, designed to address systemic issues in the transport sector.

1. Subsidisation and full public ownership of the fleet: AMAB advocates for the full integration of BEST’s budget with the BMC budget to ensure stable, long-term funding for public transport. By subsiding the service directly through public funds, AMAB argues that BEST can become more sustainable and be freed from the financial pressures of privatisation. The group also stressed that the entire bus fleet should be publicly owned to avoid the problems caused by the exploitation of workers under private contractors.
2. Restoration of the public fleet: One of the key issues addressed at the conference was the drastic reduction in the number of public buses. AMAB demanded that the fleet be restored to its former strength of over 4,000 buses, stating that the current fleet of about 3,000 buses, which includes wet-lease vehicles, is inadequate to meet the needs of Mumbai’s growing population. With public buses disappearing, the movement insists that the city’s transport infrastructure must revert to a publicly owned model to ensure reliability, safety, and affordability for all.
3. Increase in bus numbers to serve the growing population: AMAB highlighted the growing gap between the number of buses and the city’s expanding population. Currently, the city has roughly one bus per 5,000 residents, compared to the ideal ratio of one bus per 2,000 people. The group called for an increase in the number of buses to meet the needs of commuters, particularly in densely populated suburbs where service is currently inadequate.
4. Resumption of discontinued routes: The group also demanded the resumption of several bus routes that were discontinued under the privatisation model. These routes, according to AMAB, are critical to restoring comprehensive coverage across the city, ensuring that no area is left underserved. Discontinuing these routes has made commuting increasingly difficult, especially for working-class Mumbaikars in the suburbs.
5. Introduction of bus priority lanes: AMAB emphasised the need to introduce dedicated bus priority lanes on all arterial routes in the city. This would help buses run more efficiently, reduce delays caused by traffic congestion, and encourage more people to switch from private vehicles to public transport.
6. Halting the monetisation of BEST depots: Another critical demand raised at the conference was the cessation of the monetisation and redevelopment of BEST depots, which are essential for parking buses. AMAB argued that the land should remain under public ownership and not be used for private profit through real estate development. These depots are vital for ensuring that buses can be parked, maintained, and serviced properly, and their sale or redevelopment would further weaken the transport system.

Worker exploitation and the impact of privatisation

The decline in service quality is not only due to financial mismanagement but also stems from the exploitation of the workers employed under the wet-lease model. During the conference, several speakers raised concerns about the adverse working conditions that BEST workers face. 

As per a report of FPJ a retired employee of BEST, who was part of the AMAB movement, highlighted the overwork and underpayment of workers under the privatisation system. He mentioned that many workers have reported irregular payment schedules and inadequate benefits, which have led to high levels of dissatisfaction and even health issues among the workforce. The lack of proper training and equipment also results in poorly maintained buses, which further worsens the commuter experience.

The FPJ provides that AMAB’s 2022 survey of 100 contractor workers revealed alarming trends in worker exploitation. Many reported working long hours with insufficient rest, while others had to endure hazardous working conditions without proper safety gear. The survey also showed that the quality of services provided to Mumbai’s suburbs is far below the standards of the city, with commuters in outer areas facing poor bus frequency and reliability.

Ranga Satavse, representing the workers’ union, also spoke at the conference and noted that the privatisation process had increased inequality in service delivery, with areas that are not profitable for contractors receiving the worst service. He also pointed out that the growing worker dissatisfaction was inevitable under a system that places profit before public welfare.

Political response and public mobilisation

While AMAB’s calls for reform are gaining traction, the political response to the crisis remains subdued, with little attention being given to the decline of public transport ahead of the upcoming state assembly elections. However, some political parties, like the Maha Vikas Aghadi (MVA), have included promises related to public transport in their election manifestos. 

The MVA has committed to providing free travel for women on government buses, as well as financial assistance for women under the Mahalaxmi scheme. This promise aims to address some of the concerns around public transport affordability, but it remains to be seen whether these promises will address the deeper issues of privatisation and service quality highlighted by AMAB.

The group also mentioned the need for public support, urging citizens to join the movement and demand a reversal of the privatisation policy. The crisis, which culminated in the October 14, 2024, shutdown of 250 buses operated by private contractors, serves as a stark reminder of the fragile state of Mumbai’s public transport system under privatisation. AMAB maintains that restoring BEST to its public roots is crucial for the city’s long-term prosperity and the well-being of its residents.

In conclusion, the conference was a call to action for citizens, workers, and political leaders alike to recognise the essential role that public transport plays in the city’s infrastructure and to urgently prioritise reforms that will ensure the sustainability of Mumbai’s bus services.

(Detailed report on issues of fleet size and funding of BEST buses may be read here.)

Related:

Maharashtra: Free speech has remained on the line of fire of the current regime, democracy on trial as state goes for election

BEST strike over Diwali bonus shakes Mumbai’s Bus Service, reveals growing transit strain

Samsung workers end strike but the core issue of recognition of unions’ remains

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The ruling coalition—the Maha Yuti alliance comprising the Shinde Shiv Sena, Bharatiya Janata Party, and Ajit Pawar’s National Congress Party—has come under scrutiny for its ties to many of these incidents, with local leaders and affiliates implicated in attacks, intimidation, and censorship. These actions point to a growing intolerance for criticism and opposition, particularly against those who dare to report or speak out on politically sensitive issues. Maharashtra, long celebrated for its robust economic stature and industrial might, now faces an identity crisis as it grapples with the question: can it retain its democratic spirit under a regime increasingly willing to punish dissent?

Journalists have borne the brunt of this hostility, facing threats, physical assaults, and even murder. In 2023, the shocking death of Shashikant Warishe, a journalist in Ratnagiri, who was run over after publishing a critical report linking a BJP-affiliated land broker to political elites, underscores the risks that Maharashtra’s press faces today. Meanwhile, activists protesting environmental degradation and displacement, as well as students voicing concerns over academic freedom, have encountered police harassment, legal intimidation, and restrictions that send a clear message: criticism of the state’s policies will not be tolerated.

As the election nears, Maharashtra’s citizens are at the crossroads. For a state that prides itself on its industrial strength and democratic values, these growing restrictions pose an existential challenge. The upcoming polls are not only about choosing the next set of leaders but about deciding the kind of society Maharashtra aspires to be—one that respects democratic freedoms and protects the rights of its citizens or one that endorses a politics of fear and control. The choice before voters has seldom been clearer or more consequential, as the future of free speech, accountability, and the right to dissent hangs in the balance.

1. Mounting threats to journalists and press freedom

The Free Speech Collective provided the following list of incidents that took place between Jan 2023- November 2024 under this category:

“Killing

1. 06.02.2023: Shashikant Warishe, mowed down by Pandarinath Amberkar (land broker close to BJP) , Rajapur, Ratnagiri district

Attacks

1. 09.08.2023: Journalist Sandip Mahajan attacked by supporters of the local MLA Kishor Appa Patil (Shiv Sena Shinde )
2. 09.02.2024: Senior journalist Nikhil Wagle,lawyer Asim Sarode, activists Vishwambhar Choudhar and Shreya Awale and driver Vaibhav Kothule attacked by BJP and Shiv Sena (Shinde) workers
3. 21.10.2024: Political leader Yogendra Yadav attacked by Vanchit Bahujana Aghadi workers and prevented from speaking, Akola, Maharastra

Threats

1. 27.04.2024: Journalist Sukhda Sadanand Purav threatened by supporters of Union Minister and BJP’s Mumbai North Lok Sabha candidate Piyush Goyal
2. 14.05.2024: Journalist threatened by BJP state spokesperson Shrish Boralkar, BJP Scheduled Caste cell state general secretary Jalinder Shendge and the BJP state executive member Anil Makariye
3. 20.08.2024: Journalist Mohini Jadhav covering the Badlapur rape case, threatened by Waman Mhatre, former Mayor of Badlapur (Shiv Sena Shinde)”

In Maharashtra, the chilling effect on press freedom is undeniable, with recent incidents revealing the grave risks journalists face in reporting the truth. One of the most harrowing incidents was the murder of journalist Shashikant Warishe on February 6, 2023, in Ratnagiri. Warishe was deliberately run down by Pandarinath Ambekar, a land broker known for his close connections with the ruling BJP. Warishe’s last article had shed light on Ambekar’s alleged involvement in controversial land deals tied to high-ranking politicians, including the Chief Minister. Hours after the article was published, Ambekar had allegedly attacked Warishe in a brazen display of intimidation meant to silence dissent. This brutal killing laid bare the high cost of reporting on politically sensitive issues in Maharashtra, where exposing inconvenient truths can cost a journalist their life.

The climate of impunity extends further, as seen in the assault on Pachora journalist Sandip Mahajan in Jalgaon district on August 9, 2023. Mahajan was attacked in broad daylight by supporters of local Shinde Shiv Sena MLA Kishor Appa Patil. Despite serious injuries, Mahajan encountered bureaucratic resistance when he tried to file a First Information Report (FIR). His struggle highlighted the systemic bias that protects those with political connections and discourages journalists from challenging power.

Threats against journalists have become a common tool to control narratives. In April 2024, Sukhda Sadanand Purav, a journalist who covered Union Minister Piyush Goyal, received menacing messages from BJP affiliates, pressuring her to retract critical articles. In May 2024, three BJP officials, including state spokesperson Shrish Boralkar, allegedly threatened another journalist for unfavourable coverage. A similar incident in August saw former Badlapur mayor Waman Mhatre intimidate journalist Mohini Jadhav for her reports on a local rape case. Such acts send a chilling signal that political commentary comes with personal risk, eroding the very foundation of an independent press.

2. Rising intimidation and censorship in academia

The Free Speech Collective provided the following list of incidents that took place between Jan 2023- November 2024 under this category:

“Censorship in academia

1. 08.06.2023: Professor forced to go on leave after students owing allegiance to hindutva groups protest her comments on rapists having no religion, Kolhapur Institute of Technology, Gokul Shirgaon, Kolhapur
2. Jan 28, 2023: Advisory issued to Students At Mumbai’s TISS against screening of BBC Series On PM Modi, screening held despite warning
3. 18.04. 2024: TISS suspends Dalit PhD student for 2 years for ‘anti-national activities’
4. 19.08.2024: TISS Ban on student body Progressive Students’ Forum, revoked after student protests
5. 20.09.2024: TISS convocation: students protest suspension of Dalit pupil, sacking of teachers, student Arghya Das forcibly removed and degree certificate withheld
6. Oct 20, 2024: TISS issues showcause notice to assistant prof over viral protest video” 

Academic institutions, often pillars of intellectual freedom, have also been deeply affected by the [partisan and oppressive environment prevailing in the country. In particular, the Tata Institute of Social Sciences (TISS) in Mumbai has faced growing pressure to limit political discourse and protest, acting on which they have targeted Adivasi and Dalits scholars. On April 18, 2024, TISS took the drastic step of suspending a Dalit Ph.D. student, namely  Ramadas Prini Sivanandan, for alleged “anti-national activities,” citing his participation in student protests against government policies. The decision stirred widespread outrage on campus, with students calling it an abuse of administrative power to stifle dissent. The tension came to a head at TISS’s convocation in September, when students staged a protest demanding justice for the suspended student and for faculty members dismissed under similar circumstances. When Arghya Das, a graduating student, raised a placard during the ceremony, security forces forcibly removed him, withheld his degree, and detained him. These actions show how academic institutions in Maharashtra are increasingly becoming battlegrounds for free expression and political dissent.

Outside of TISS, other academic figures face similar repression. In June 2023, a professor at the Kolhapur Institute of Technology was placed on “forced leave” after responding to derogatory comments made by students affiliated with Hindutva groups. When she stated that “rapists have no religion,” her remarks went viral in a heavily edited form, fuelling a backlash from right-wing organisations that pressured the institution to remove her. This case underscores how ideological factions are working to shape the narrative within classrooms, using intimidation to limit critical discourse on topics of social justice.

3. The crackdown on activism and environmental protests

The Free Speech Collective provided the following list of incidents that took place between Jan 2023- November 2024 under this category:

“Censorship of peoples’ protests, activists

1. January-March 2023: Detentions and externment orders of villagers and activists protesting Saudi-Aramco refinery in Barsu-Solgaon region, Ratnagiri
2. November 2023-March 2024 : Externment notice and proceedings against Aarey activist Tabrez Sayed, Mumbai
3. Oct 6, 2024: Rally Held in Mumbai Against Israel’s Aggression, Notices Issued to Organisers

Lawfare

1. 11.07.2024: Maharashtra Special Public Security Bill, 2024, tabled in the Monsoon session of the Vidhan Sabha, draconian provisions against dissent and public protests; bill lapsed”

Beyond academia, Maharashtra’s crackdown on dissent extends to environmental and social activists. In Ratnagiri, protests against a Saudi-Aramco refinery in Barsu-Solgaon saw a wave of detentions and legal intimidation beginning in January 2023. Villagers and activists opposed the refinery due to fears of environmental degradation, displacement, and health hazards. In response, the government imposed externment orders, effectively banning key activists from their own villages, while deploying police forces to suppress protests. The government’s tactics not only disrupted peaceful demonstrations but sought to stifle dissent by removing activists from their communities.

The repressive approach continued with the case of Tabrez Sayed, a central figure in Mumbai’s Save Aarey movement, who was served multiple legal notices for his role in protests against the destruction of the Aarey forest. The planned metro construction in Aarey would decimate significant green space and displace indigenous communities, yet activists like Sayed faced mounting legal threats and harassment for voicing environmental concerns.

In July 2024, the Maharashtra government took a decisive step to institutionalise this repression by introducing the Maharashtra Special Public Security Bill. Introduced by Home Minister Devendra Fadnavis, the bill ostensibly aimed to counter “urban naxals” but granted sweeping powers to the state to curb any form of organised protest. If passed, the bill would allow authorities to detain activists, seize assets, and dismantle movements deemed to threaten public order. Though it was not enacted, there is widespread concern that if the Mahayuti coalition retains power, the bill will resurface, providing legal cover for the clampdown on activism and free expression across the state.

4. Judiciary’s response: A mixed outcome

The Free Speech Collective provided the following list of incidents that took place between Jan 2023- November 2024 under this category:

“Court cases

1. 22.08.2024: The bench of Justice Revati Mohite Dere and Justice Shyam C. Chandak of the Bombay High Court terms the arrest of journalist Abhijit Arjun Padale I January 2022 as illegal, awards compensation
2. 20.09.2024: Justice A.S. Chandurkar of the Bombay High Court delivered a “tie breaker” judgment in the case of Kunal Kamra and Ors. v. Union of India wherein he struck down the amendment to Rule 3 (1)(b)(v) (“Impugned Rule”) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (“IT Rules 2023”), seeking to set up a Fact Check Unit (“FCU”) to fact check content on social media, as unconstitutional.
3. 07.03.2024: Supreme Court quashes criminal charges against Javed Ahmed Hajam, professor at Sanjay Ghodawat College in Kolhapur district who hails from Baramulla, Jammu and Kashmir, for his WhatsApp status describing abrogation of Article 370 as a ‘Black Day’”

Amid these escalating threats to freedom of expression, the judiciary has occasionally acted as a safeguard. In a landmark case on September 20, 2024, the Bombay High Court declared unconstitutional an amendment within the Information Technology Rules that sought to establish a government-controlled Fact Check Unit to monitor social media. This decision, protecting online freedom of speech, was widely seen as a victory against excessive government surveillance.

Another judicial victory came in March 2024 when the Supreme Court quashed criminal charges against Javed Ahmed Hajam, a professor originally from Jammu and Kashmir working in Kolhapur, who had been charged for his WhatsApp status labelling the abrogation of Article 370 as a “Black Day.” These legal rulings underscore the judiciary’s crucial role in defending free speech, even as repressive measures intensify. However, given the scale of incidents affecting freedom of expression, these victories feel isolated within a broader context of diminishing rights.

Why the upcoming elections are critical

In Maharashtra, where economic development and social challenges coexist, the state’s stance on freedom of expression has profound implications. The forthcoming elections in Maharashtra, the voting for which will take place on November 20, represent a watershed moment for civil liberties and democratic values in the state. The Maha Yuti coalition’s tenure has seen a sharp increase in suppression of dissent, targeting journalists, activists, and academics with intimidation, legal threats, and violence. The attacks on the press, the censorship within universities, and the harassment of activists all suggest that the coalition’s governance model rests on silencing opposition. If these trends continue, they threaten to redefine the state’s relationship with free speech, casting a long shadow over Maharashtra’s future as a democratic society.

The ruling coalition’s recent actions highlight a troubling trajectory away from democratic ideals, where dissent is criminalised, and accountability becomes rare. The stakes of this election extend beyond the immediate political outcomes—it will shape the future of civil liberties, set a precedent for free expression, and either affirm or reject Maharashtra’s commitment to democratic values.

The elections present an opportunity for the people of Maharashtra to address these deepening infringements. For a state that grapples with high poverty rates, farmer suicides, and rising unemployment, the stifling of public discourse is not just an attack on individual freedoms but a barrier to addressing systemic social issues. Without a robust media and space for activism, these pressing issues will likely remain unaddressed, and the public’s capacity to hold leaders accountable will diminish.

If voters decide to support parties that pledge to protect free speech, it could signal a shift toward a governance model that values transparency and accountability. Conversely, if the current regime is re-elected, the impending revival of the Maharashtra Special Public Security Bill and other repressive measures could entrench authoritarianism in the state, silencing dissent for years to come.

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The post Maharashtra: Free speech has remained on the line of fire of the current regime, democracy on trial as state goes for election appeared first on SabrangIndia.

This essay argues that moving beyond insurance and pension schemes is essential for holistically improving the lives of agricultural labourers. It is crucial to invest in strategies that empower this workforce through skill development, education, and the creation of diverse employment opportunities, enabling them to transition smoothly into non-agricultural sectors and improve their overall well-being.

Defining agricultural labourers

Agricultural labourers are individuals who work on farms or in agricultural activities for wages, rather than operating their own farms. They do not own the land they cultivate nor the tools they utilise. Agricultural labourers provide the manual labour required for various agricultural tasks. They play a critical role in ensuring food security and supporting the livelihoods of millions in rural areas. In India, they represent a substantial portion of the workforce. The 2020-21 Periodic Labour Force Survey reported that 46.5% of people in India are engaged in agricultural activities.

Agricultural labourers are essential to the agricultural sector because they perform tasks vital for food production. These tasks can include:

• Preparing land for cultivation
• Sowing, planting, and transplanting crops
• Maintaining crops through weeding and irrigation
• Harvesting and threshing crops
• Tending to livestock and poultry

While the ongoing shift towards farm mechanisation aims to enhance productivity, it also poses a challenge to the traditional employment patterns of agricultural labourers. This displacement necessitates exploring alternative employment avenues to ensure their continued well-being.

Farm mechanization, reduced labour demand, and potential risks

Farm mechanisation is causing a decline in the demand for manual labour in India by replacing human workers with machines for various tasks. This shift is driven by the need for greater efficiency and output in the agricultural sector. The increasing production of crops like grains, cereals, and oilseeds requires faster and more effective harvesting procedures.

Powered machines help meet this need, enabling farmers to reduce costs and increase yields. As per a 2022 report by Parliamentary Standing Committee on Agriculture, Animal Husbandry and Food Processing, 47% of agricultural operations in India are now mechanized, highlighting the ongoing transition. Machines are employed in a wide array of agricultural activities, including seed-bed preparation (ploughing, harrowing), sowing and planting (seed drills), inter-culture operations (weeding, fertilizer application), harvesting and threshing (combine harvesters), and irrigation (tube wells, electric and diesel pumps).

The adoption of farm mechanisation offers several benefits, such as cost reduction due to lower labour expenses and faster task completion. Mechanisation also leads to significant savings in seeds and fertilizers, ranging from 15 to 20 percent, at a conservative estimate.[2] It enhances productivity through improved operational speed and precision in tasks like sowing and harvesting. Furthermore, it optimises resource utilization by ensuring the accurate application of seeds, fertilizers, and pesticides, reducing waste and environmental impact. Lastly, it allows for increased cropping intensity and higher yields by enabling farmers to work on larger areas efficiently.

However, this transition to mechanisation poses risks for agricultural labourers who depend on manual work. A study in the West Godavari district of Andhra Pradesh found that a one-unit increase in input costs and machine time led to a decrease of 0.06 and 4.34 units in labour requirements, respectively, demonstrating the direct impact of mechanization on labour demand.[3] As machines take over tasks once done by humans, labourers face potential job displacement, unemployment, and lower wages due to an oversupply of labour in the market. Marginal and small farmers, who constitute a significant proportion of India’s agricultural workforce, may struggle to afford or operate expensive machinery, potentially widening the gap between them and larger, more mechanized farms. The displacement of labourers also necessitates finding alternative employment opportunities and providing skills training to facilitate a smooth transition to non-agricultural sectors.

This shift can lead to an unstable income for agricultural workers, creating financial uncertainty for rural families who depend on these earnings. Establishing alternative employment options beyond agriculture would provide these families with a much-needed safety net, helping them maintain a stable income even as the agricultural landscape changes.

Importance of skill development

To help agricultural workers transition to new job sectors, skill development is key. As traditional agricultural tasks are met with low demands, these workers need training in skills that fit other growing industries, such as manufacturing, construction, or services. Programmes that focus on building these skills would empower agricultural labourers to secure better-paying, sustainable jobs, giving them an opportunity to improve their financial outlook and move beyond agriculture-based income.

The need for steady income sources

A reliable income stream is crucial for the well-being of rural families. When families have a consistent income, they can invest in essentials like education and healthcare, breaking the cycle of poverty and building a brighter future. By fostering employment opportunities outside of agriculture, rural families can reduce their dependence on the land, bringing stability and resilience to rural communities as they adapt to modern agricultural practices.

Schemes-the abundance and the lack

The government has several schemes for agricultural labourers but a good amount of them revolve only around insurance and pension. Insurance is a risk mitigation instrument i.e. it exists to make sure that the person who is insured does not find themselves in worse situation than they are in currently. Pension too supports the current situation rather than helping the person to achieve a better standard of living.

The Indian government has enacted the Unorganised Workers’ Social Security Act, 2008, to provide social security benefits to workers in the unorganized sector, including agricultural labourers. This act mandates the creation of welfare schemes for unorganized workers, addressing life and disability cover, health and maternity benefits, old age protection, and other benefits determined by the Central Government.

Several specific schemes fall under this act:

Aam Admi Bima Yojana (Department of Financial Services)

Rashtriya Swasthya Bima Yojana (Ministry of Health and Family Welfare)

In addition, there are three other schemes by the Central Government that offer coverage to agricultural labourers:

• Atal Pension Yojana
• Pradhan Mantri Jeevan Jyoti Bima Yojana-Life Insurance
• Pradhan Mantri Suraksha Bima Yojana-Accident Insurance

Pradhan Mantri Shram Yogi Maan-dhan Yojana (PM-SYM), launched in 2019, is a pension scheme that provides a monthly pension of Rs. 3000/- to unorganized workers, including landless agricultural labourers, after they reach the age of 60.

Beyond these, other schemes might benefit agricultural labour, but they do not specifically address the loss of employment due to farm mechanisation.

In a reply to a question posed by an MP, which asked about details regarding the shift of people from agriculture to other activities, the government did not provide the details of such shift. Instead of a direct answer, the reply talked about unrelated things and concluded by saying that the Government of India has implemented various initiatives and policies to boost economic growth and employment in the country.
The reply listed initiatives aimed at boosting non-agricultural sectors, including the “Make in India” program, “Start-Up India” initiative, “Pradhan Mantri Mudra Yojana,” and skill development programs. However, it lacked specific details on how these programs incentivize a shift from agriculture.[4]

This reply also throws light on the fact that the government has been working with scarce data which could affect efficient and effective policy making.

The reason why agricultural labourers need extra protection is because they are deprived of all kinds of resources necessary to get a better life. They are restricted from accessing benefits urbanisation due to lack of capital or skill to move to the city. They are restricted from agriculture due to lack of land etc. Therefore, their lack of resources cannot be solved by placing basic safety nets that barely help them when something bad happens.

A holistic plan-based upliftment must be undertaken to ensure that they do not get left out as the process of farm mechanisation begins to pace up. Specific manufacturing hubs that prioritise employment of women, near villages, incentivising the employment of women along with providing standard health and education facilities can be effective. Only by creating conditions that ensure the improvement in living conditions of agricultural labourers, the goal of restricting unemployment and poverty in rural poor and agricultural labourers can be achieved.

(The author is part of the legal research team of the organisation)

[1] Pib.gov.in. (2024). Agrarian Land. [online] Available at: https://pib.gov.in/PressReleasePage.aspx?PRID=1601902 [Accessed 6 Nov. 2024].

‌[2] Guru, P., Borkar, N., Debnath, M., Chatterjee, D. and Panda, B. (n.d.). Rice mechanization in India: Key to enhance productivity and profitability. [online] Available at: https://krishi.icar.gov.in/jspui/bitstream/123456789/31952/1/2.8.pdf.

[3] Gousiya SK and Suseela K, ‘IMPACT of FARM MECHANIZATION on INCOME and EMPLOYMENT and CONSTRAINTS in MECHANISATION of RICE CULTIVATION in WEST GODAVARI DISTRICT’ (2021) 49 The Journal of Research ANGRAU 107 <https://epubs.icar.org.in/index.php/TJRA/article/view/133453?articlesBySimilarityPage=4> accessed 6 November 2024.

[4] LOK SABHA STARRED QUESTION NO.228, 2023 Available at: https://sansad.in/getFile/loksabhaquestions/annex/1714/AS228.pdf?source=pqals

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The post Beyond insurance: addressing the needs of India’s agricultural labour force appeared first on SabrangIndia.

Facts of the Case:

In 2022, B.K. Polimex India Private Limited (the Petitioner) purchased three drawings by Akbar Padamsee and four by F.N. Souza from auction houses in London. These artworks, depicting nudity in some instances, were imported into India and declared as “nude drawings” on the customs invoices. Upon arrival, Customs officials, under the Airport Special Cargo Commissionerate, threatened to confiscate and possibly destroy the artworks!

Fearful of the potential loss of these valuable pieces, the Petitioner, following advice from FedEx, requested the re-exportation of the artworks. Despite this, the Customs officials seized the seven artworks on April 20, 2023, deeming them “obscene material.”

The Petitioner contested this seizure, submitting certificates from art galleries, expert opinions, and even prints from the National Gallery of Modern Art’s virtual tour to demonstrate that the artworks were not obscene. Despite a personal hearing on June 22, 2023, where the Petitioner further argued its case, the ACC issued an order on July 1, 2024, confiscating the artworks and imposing a fine of Rs. 50,000.

Reasoning of the Assistant Commissioner of Customs:

The ACC based his decision on Notification No.1/1964-Customs dated January 18, 1964, which prohibits importing “obscene” materials. He contended that since the artworks portrayed nudity and, in some cases, “sexual intercourse positions,” they inherently fell under the category of “obscene” and were thus prohibited.

The ACC’s reasoning can be summarized as follows:

• Reliance on personal interpretation: He relied solely on his understanding of obscenity, dismissing expert opinions and the context of the artwork.
• Anything depicting nudity is obscene: He adopted a rigid stance, equating any form of nudity with obscenity.
• Disregard for artistic merit and expertise: He failed to consider the acclaim and recognition these artists had received globally and the artworks’ artistic value.
• Ignoring judicial precedents: He disregarded established legal principles on obscenity, attempting to distinguish relevant Supreme Court judgments on flimsy grounds.

Reasoning of the Bombay High Court:

The Bombay High Court, in its judgment delivered by Justices M.S. Sonak and Jitendra Jain, found the ACC’s order perverse, unreasonable, and unsustainable. They quashed the order and directed the immediate release of the artworks to the Petitioner.

The court’s reasoning was grounded in the following:

• Not every nude painting is obscene: The court stated that nudity in art does not automatically equate to obscenity. A nuanced approach considering artistic merit, context, and community standards is necessary.
• Rejection of the ACC’s “ipse dixit” approach: The court criticised the ACC’s reliance solely on his assertion without substantiating it with evidence or considering expert opinions and legal precedents.
• Contemporary community standards: The court emphasized that the determination of obscenity must consider the evolving social norms and values of the present-day community.
• Artistic merit and expertise: The court acknowledged the global recognition of both artists and considered their expertise a relevant factor. The ACC’s disregard for this aspect was deemed a critical flaw in his judgment.
• Importance of legal precedents: The court upheld the principles laid down in various Supreme Court judgments that provided guidelines for determining obscenity. They highlighted that personal opinions cannot supersede established legal principles.

Cases Cited and Their Application:

The Bombay High Court cited several landmark cases to support its decision:

• Ranjit D. Udheshi vs. State of Maharashtra (1964): This case established that mere depiction of sex and nudity in art does not constitute obscenity. The focus should be on whether the material would corrupt those exposed to it.[2]
• Aveek Sarkar and another Vs. State of West Bengal and others (2014): The court in this case rejected the outdated Hicklin test, which judged obscenity based on isolated passages taken out of context. It emphasized the importance of contemporary community standards in determining obscenity.[3]
• Ajay Goswami vs. Union of India and others (2007): This case established that nudity alone does not constitute obscenity. The court must consider the artistic, literary, or social merit of a work alongside its potentially obscene content.[4]
• Indibily Creative Private Limited and others vs. Government of West Bengal and others (2020): The Supreme Court, in this case, underscored the freedom of expression and criticized authorities acting as self-proclaimed guardians of public morality.[5]
• Kavita Phumbhra Vs. Commissioner of Customs (Port), Calcutta: The Calcutta High Court, in this case, overturned the customs authorities’ confiscation of glass objects depicting an unclothed female form. They criticised the imposition of vague individual moral standards and highlighted the evolving nature of societal norms.[6]

Judgment and the Court’s stand on the core issue:

The Bombay High Court, in its judgment, quashed and set aside the impugned order of the ACC, directing the release of the confiscated artworks to the Petitioner. The court emphasized that customs laws do not empower an ACC to impose his personal views on obscenity and dictate artistic standards. They stressed that legal principles and contemporary community standards, as laid down in judicial precedents, must guide such decisions.

The core issue, whether the artworks were “obscene,” was addressed by the court in light of the evolving understanding of the term and the context of artistic expression. The court maintained that “sex and obscenity are not always synonymous” and that merely depicting nudity does not automatically render an artwork obscene. They held that the ACC’s failure to consider expert opinions, artistic merit, and community standards demonstrated a perverse and unreasonable approach.

Conclusion:

The Bombay High Court’s judgment in B.K. Polimex India (P) Ltd. v. Union of India serves as a crucial reminder that individual biases and moral judgments cannot supersede established legal principles and due process. The court’s emphasis on context, artistic merit, expert opinions, and contemporary community standards provides a robust framework for determining obscenity in the realm of art. This judgment protects artistic freedom and ensures that bureaucratic overreach based on personal preferences does not stifle creative expression.

(The author is part of the legal research team of the organisation)

[1] WRIT PETITION NO. 14437 OF 2024

[2] 1965 AIR 881

[3] (2014) 4 SCC 257

[4] (2007) 1 SCC 143

[5] AIR 2019 SC 1918

[6]  GA No. 2284 of 2009

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