Rights | SabrangIndia https://sabrangindia.in/category/rights/ News Related to Human Rights Thu, 11 Dec 2025 11:52:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Rights | SabrangIndia https://sabrangindia.in/category/rights/ 32 32 Mobile as Opium: A Nation Sedated By Screens https://sabrangindia.in/mobile-as-opium-a-nation-sedated-by-screens/ Wed, 10 Dec 2025 09:09:12 +0000 https://sabrangindia.in/?p=44890 The Late Prof M. P. Manmathan (1915–1994) belonged to that rare tribe of public intellectuals Kerala once produced in abundance—men who combined scholarship with activism, conviction with compassion. A Gandhian to the core, an uncompromising anti-liquor campaigner, a spellbinding orator and Principal of Mahatma Gandhi College, Thiruvananthapuram, Manmathan was a contemporary of Mannath Padmanabhan, the […]

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The Late Prof M. P. Manmathan (1915–1994) belonged to that rare tribe of public intellectuals Kerala once produced in abundance—men who combined scholarship with activism, conviction with compassion.

A Gandhian to the core, an uncompromising anti-liquor campaigner, a spellbinding orator and Principal of Mahatma Gandhi College, Thiruvananthapuram, Manmathan was a contemporary of Mannath Padmanabhan, the visionary founder of the Nair Service Society which went on to build an empire of educational and medical institutions.

I had the privilege of hearing him once at my alma mater, St. Thomas College, Kozhencherry. He was invited to speak on a subject that was electrifying campuses across the world at that time: students’ unrest. American universities were convulsed by protests against the Vietnam War.

Prof M.P. Manmathan

From Berkeley to Columbia, students were questioning imperialism, racism and militarism. Europe, too, was aflame with agitation—Paris 1968 had already entered history as a revolt of ideas as much as of streets.

Prof Manmathan began by extolling the courage and moral seriousness of students in the West.

Then, with his trademark mix of irony and sting, he turned to Kerala. “There, students earn their living to fund their education. They have skin in the game. Here, parents pay the fees, feed the children, clothe them and even buy their bus passes. What stake do they have in the education system? Nothing,” he said.

Then came the coup de grâce: “They enjoy strikes because colleges close and they can sit at home.” For many students, strikes were less about revolution and more about recreation.

Student strike in a college campus

Many years later, that long-ago speech came back to me while watching a video clip of S. Gurumurthy, a chartered accountant-turned-ideologue of the Rashtriya Swayamsevak Sangh (RSS). Ideologically, Gurumurthy stands at the opposite pole from Prof Manmathan’s Gandhism. Yet, in an odd way, they converged on the same sociological truth.

Gurumurthy narrated an anecdote from a lecture he delivered at a prestigious American university. Listening to him, I was reminded of my own long-held view that institutions there recognise talent more readily than we do in India, where caste and community considerations often intrude.

S. Gurumurthy

The much-publicised case of Harvard inviting Lalu Prasad Yadav to speak on how his unconventional ideas rescued Indian Railways from financial free-fall comes to mind in this context.

Then came Gurumurthy’s experiment. He asked all the students in the audience to raise their hands if their education was fully funded by their parents.

Without exception, every Indian student raised a hand.

Then he asked who among them had taken bank loans to finance their education. Every American hand went up—black and white, men and women alike. That, he said, revealed who had real stakes in their education.

Listening to Gurumurthy, I was reminded instantly of Prof Manmathan’s cutting question: what real right did Indian students have to speak of “students’ unrest” when so many of them had no financial stake in their education or in the system that sustained it?

When Neighbouring Nations Rise — and India Doesn’t

Recently, The Economist carried an article that asked a troubling question: why are young men and women in India so curiously unmoved by political and social upheavals that would have set generations elsewhere on fire? The magazine contrasted India’s political quietism with the turbulence in its immediate neighbourhood.

Take Nepal. For years, the country had suffered under a political class steeped in corruption and cynicism. Public institutions withered while politicians bickered and bargained. When students took to the streets against corruption and misgovernance, it was not mere tokenism. Campuses became nerve centres of resistance. The agitations were sustained, creative and relentless.

Nepal Protests

The protests snowballed into a wider public movement. The government, cornered by the moral authority of the youth and the pressure of the streets, was finally forced to step down.

Young Nepalis discovered something transformative—that protest could actually produce political change. They were not merely shouting into the void.

Sri Lanka offers another powerful example. For decades, an oligarchy ruled the island nation, entrenching itself through corruption, nepotism and economic mismanagement. By 2022, the economy had collapsed, fuel and food were scarce, and ordinary citizens were pushed to the brink.

It was the youth who lit the spark. Students, professionals and ordinary citizens poured into the streets.

They occupied public buildings, camped outside official residences and refused to budge. The protests were largely peaceful but unwavering.

The President Gotabaya Rajapaksha was forced to flee the country. Power slipped from the hands of a seemingly invincible ruling elite. Today, Colombo has a new leadership, born out of the anger and aspirations of a mobilised citizenry.

In Bangladesh too—whether one approves of the outcome or not—the youth uprising changed the course of politics.

Students and young citizens protested against what they saw as high-handed governance and shrinking democratic space. The unrest grew in intensity and scale.

The Prime Minister Sheikh Hasina was eventually forced to flee the country and seek asylum in India. That this happened at all is testimony to the disruptive power of youth-driven politics in our neighbourhood.

Crises Without Rebellion: India’s Strange Silence

India, meanwhile, has witnessed convulsions far more severe—yet without comparable mass upheaval.

Consider demonetisation. In one stroke, Prime Minister Narendra Modi invalidated high-value currency notes.

The stated objective was to strike at black money and counterfeit currency.

Demonetisation lead to long queues, disruption of normal life and even deaths

What followed was chaos. The informal economy collapsed overnight. Millions of workers lost their jobs. Small businesses shut shop. Daily-wage earners were reduced to penury.

People stood in serpentine queues outside banks and ATMs to withdraw their own money, only to be told that the cash had run out. Deaths occurred in queues from exhaustion, anxiety and despair.

And yet, there was no nationwide uprising. There was anger, yes; private misery, certainly; public rebellion, hardly.

Then came the pandemic. Without warning, Modi announced an all-India lockdown. The decision may have been justified as a public health emergency, but its execution was brutal in its insensitivity.

Tens of millions of migrant workers lost their jobs overnight.

With no income, no food and no certainty about when the lockdown would end, workers from Madhya Pradesh, Bihar and Uttar Pradesh—dismissed casually as “laggard states”—began walking home from cities like Delhi, Mumbai and Nagpur.

They walked hundreds of kilometres under the scorching sun, with children on their shoulders and belongings on their heads. Many were lathi-charged for violating Covid norms.

Some died on the roads. The images were heart-rending. The suffering was biblical in scale. Yet again, there was no nationwide revolt. No sustained student movement. No paralysing civil disobedience.

At that time, someone remarked to me with chilling resignation: “We are like that. We won’t rebel. We won’t protest.”

Funeral pyres being lit simultaneously during the peak of COVID-19 pandemic in India

There is a crude joke often made about Indians and sex—that they are obsessed with it in private but prudish in public. Perhaps something similar can be said about protest: we complain endlessly in private but submit meekly in public.

The Weight of Fatalism on a Nation’s Conscience

We are, at bottom, a deeply fatalistic people. Fatalism is the belief that everything is preordained, that human will counts for little, that destiny rules supreme. It is a worldview that teaches acceptance rather than resistance, endurance rather than struggle.

The great poet Ulloor S. Parameswara Iyer captured this worldview in his celebrated poem Premasangeetham. In one stanza, he surrenders completely to divine choreography:

“Salutations to You, the Giver of my life, Lord of Dance, Supreme Soul!

In this world-stage of humanity, I am but a small part of Your dance troupe.

What role I am to play is Yours to decide, O Lord;

My duty is to dance as You will, with devotion and grace.

Be it as a servant or a player upon the stage.

To portray joy or sorrow, I am here to fulfil Your purpose.

You, the unseen Director, guide my every step like the wind.”

This is fatalism at its most lyrical—and its most paralysing. Man becomes a puppet, God the unseen puppeteer. Responsibility dissolves into resignation.

This worldview is profoundly at odds with the doctrine I believe in. According to the Biblical vision, God created man in His own image.

Man is not a puppet but a moral agent. He is sovereign in the limited sphere granted to him. He can choose the right path or the wrong one. Even Adam and Eve had that choice. History is not just enacted upon humanity; it is shaped by human decisions.

Man has the power to transform his life. Let me illustrate with two small stories from my own life. My wife and I were fond of a boy who used to visit our home to play with our grandson. His father pressed clothes for a living.

My wife offered to support the boy’s education. But the father had other ideas. He wanted his son to fetch clothes, return the ironed garments and collect money. Education was seen as a distraction.

The boy was not encouraged to study. He inherited his father’s trade. Today he earns Rs 5 per piece of clothing he irons. Fate did not destroy his prospects; choices did.

In contrast, when I admitted my elder son to a school in Kayamkulam, one of my neighbours—a barber by profession—admitted his son to the same school. Our children travelled in the same school bus. That boy studied diligently, became an engineer, went to the Gulf and today is far richer than my son. Education transformed his life, just as its denial froze the other boy’s.

Last week, while delivering the Justice P. Subramonian Poti Memorial Lecture at the Kerala Club in New Delhi, Prof S. Sivakumar narrated another telling story.

A rich man was extremely liberal in helping his servants with money for festivals, marriages and childbirths. But he steadfastly refused to support the education of their children. His logic was chilling in its candour: if they got educated, they would no longer work as servants.

Is it any wonder, then, that a small shipload of Portuguese soldiers could capture power in Goa, then ruled by Muslims over a predominantly Hindu population? They were the first Europeans to establish a lasting presence in India. They ruled for over 500 years without facing sustained mass resistance.

How many Mughals came to India initially? A few hundred at most.

Yet they ruled India for nearly 700 years. Under Aurangzeb, the Mughal Empire reached its territorial zenith—larger than present-day India. In 1700, India accounted for 25 percent of the world’s GDP. Aurangzeb died peacefully of old age, not at the hands of a revolutionary mob.

Today, Modi’s supporters take pride in the fact that he has ruled for 11 years. In contrast, the British ruled India for about 200 years. The British population in India never exceeded one lakh. Yet they governed a subcontinent of hundreds of millions with astonishing ease.

When Mrs Indira Gandhi imposed the Emergency, I was in Delhi. There was not even a whimper of protest initially.

Her police rounded up Opposition leaders with ruthless efficiency—Morarji Desai, Jayaprakash Narayan and countless others disappeared into jails.

Emergency Print Feature in The Statesman

Civil liberties were suspended. The press was muzzled. And the people accepted it, contrary to later claims of universal resistance.

Today, we encourage poor youth to indulge in rituals rather than reflection. They walk hundreds of kilometres to fetch holy water. Along the way they are fed with food, beverages, fruits and sweets. They also receive intoxicants. Meanwhile, the children of their leaders go abroad for higher studies.

From Opium to Algorithms: A New Age of Distraction

The colonial rulers used opium to keep the Chinese subdued. In India today, there is a new intoxicant: the mobile phone.

Nowhere in the world is the Internet so cheap. Tens of millions are addicted to their screens.

Yesterday, I saw an autorickshaw driver watching video clips on his mobile, neatly fixed at the centre of his steering handle. He seemed almost pleased when the traffic signal turned red—it gave him uninterrupted viewing time.

Algorithms work with perverse efficiency: if you watch nonsense, you are rewarded with an endless torrent of more nonsense.

Hands chained to mobile phones, symbolising digital addiction and how smartphones control modern life.

Smartphones have become the new chains—an addiction more potent than opium.

Grandparents, parents, children, grandchildren, servants, drivers, cleaners, workers—each is sealed inside a personalised digital cocoon, scrolling in splendid isolation.

How can people hypnotised by viral trivia be bothered about price rise, unemployment or the cynical manipulation of public sentiment?

The colonial rulers had opium; we have the smartphone—and it is far more lethal because we swallow it willingly.

Courtesy: The Aidem

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Bombay HC bail for Hany Babu signals a critical reassessment of the Bhima Koregaon Case https://sabrangindia.in/bombay-hc-bail-for-hany-babu-signals-a-critical-reassessment-of-the-bhima-koregaon-case/ Tue, 09 Dec 2025 07:20:01 +0000 https://sabrangindia.in/?p=44858 After nearly five years of incarceration under the UAPA, the High Court’s decision marks a pivotal shift in a prosecution dogged by forensic uncertainty, procedural delay and mounting constitutional concerns

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Coming after years of custodial denial, contested digital evidence and prolonged trial delays, the order signals a renewed judicial pushback against punitive pre-trial detention. In a significant development in the long-running Bhima Koregaon prosecutions, the Bombay High Court has granted bail to former Delhi University professor Hany Babu, nearly five years after his arrest under the UAPA. While the detailed judgment is awaited, the court’s decision marks an important moment in a case where bail has historically been the exception rather than the norm. Babu’s incarceration—tied to the Pune Police and NIA’s theory of a wider “urban Maoist” conspiracy—has drawn sustained rights-based scrutiny due to extensive delays, grave medical concerns, and international forensic analyses indicating that incriminating files on co-accused devices may have been planted. The order situates itself within evolving judicial recognition that excessively long UAPA detention raises constitutional concerns of liberty, due process and investigative overreach.

On 4 December 2025, a division bench of the Bombay High Court (BHC), comprising Justices A. S. Gadkari and Ranjitsinha R. Bhonsale granted bail to Hany Babu, more than five years after his arrest by the National Investigation Agency (NIA) in July 2020. The court also refused the NIA’s request to stay the bail order pending appeal.

The bail has been granted principally on the ground of prolonged pre-trial incarceration without commencement of trial, and pending framing of charges or discharge applications. The bench relied on the ruling in UOI vs K.A.Najeeb, which held that the constitutional courts could grant bail, despite statutory restrictions under the UAPA when the fundamental rights are at stake. This decision, after repeated earlier bail rejections under the stringent anti-terror law Unlawful Activities (Prevention) Act (UAPA) is widely seen as a watershed moment, and marks a potential turning point in how courts deal with prolonged UAPA detentions.

Case History: From 2018 onwards, the arrests

The flashpoint was the commemoration of the 200th anniversary of the Battle of Koregaon Bhima (1818), an event of deep historical significance for Dalits. On 31 December 2017, a public event called Elgar Parishad was held at the historic Shaniwarwada Fort in Pune, reportedly attended by tens of thousands, with speeches, cultural performances, slogans, etc.

The following day, 1 January 2018, in an entirely unconnected sequence of events, violence broke out near the memorial at Koregaon Bhima, between sections of the far Hindu right Maratha and Dalit Communities, which led to stone-pelting, mob clashes, along with several injuries.  Citizens for Justice and Peace (CJP)  has traced the actual sequence of events and the manner in which the narrative was twisted to protect supremacists. This may be read here. The initial and first crimes recorded in the FIRs were against Milind Exbote and other extremists, details of which may be read here.[1]

Ironically, a month later, in February 2018, the Supreme Court criticised the Maharashtra state government and probe agencies for the slow progress in their probe against Milind Ekbote, questioning the agencies’ claims that he was allegedly ‘untraceable’. At the time the BJP’s Devendra Phadnavis was Maharashtra Chief Minister and the Shiv Sena, an alliance partner.

Within weeks of the filing of the first FIR dated January 2, 2018, later that month, a Pune-based businessman with controversial leanings filed a First Information Report (FIR) blaming revolutionary speeches made at the Elgaar Parishad for the January 1 Bhima Koregaon violence, in which one person was killed. Youth leader and MLA from Gujarat, Jignesh Mevani and student leader, Umar Khalid, approached the Bombay High Court for quashing the FIRs filed against them. Details can be read here. On April 22, 2018, one of the key witnesses of the violence, a 19-year-old Dalit woman who had lost her house in the violence was found dead in a well. Her family alleged that she was being pressured to withdraw her statements in the case. What followed was a spate of arrests of activists and advocates including Professor Hany Babu. Details of the sequence of arrests may be read here.

While the immediate event was treated as anti-Dalit violence, later, even the police under the Fadnavis government and then the NIA investigations invoked an alternate narrative: that the Elgar Parishad was not a benign cultural gathering, but part of a broader “conspiracy aiming at destabilisation of the government.

After the first FIR in January 2018 by a ‘Pune-based businessman’, and on November 15, 2018 the Pune Police filed the first chargesheet. On January 24, 2020, the case was transferred to the NIA, which thereafter treated this as a terror/conspiracy case under UAPA, rather than as caste or communal violence.

Over time, a total of 16 individuals; a mixture of activists, academics, lawyers, and cultural performers; came to be known as the accused group in this case, widely referred to as “BK-16”.

These included: Hany Babu (associate professor at Delhi University), Ramesh Gaichor, Sagar Tatyarama Gorkhe, and other lawyers, socio-cultural activists from groups like Kabir Kala Manch (a Dalit cultural troupe), and writers/academics.

Timeline of Key Arrests and Legal Steps

DATE EVENT
Dec 31, 2017 Elgar Parishad event at Shaniwarwada, Pune
Jan 1, 2018 Violence at Koregaon Bhima memorial; clashes, death & injuries
Jan 2, 2018 First FIR filed against Manohar Bhide and Milind Ekbote
Jan 8, 2018 Second FIR filed by Tushar Ramesh Damgude against members of Kabir Kala Manch
Late Jan, 2018 Jignesh Mevani and Umar Khalid approach Bombay HC for Quashing of FIR against them
Feb, 2018 The Supreme Court criticised the state government and probe agencies for the slow progress in their probe against Milind Ekbote, questioning the agencies’ claims that he was allegedly ‘untraceable’.
22 April 2018 One of the key witnesses of the violence, a 19-year-old Dalit woman, found dead in a well. Her family alleged that she was being pressured to withdraw her statements in the case
Nov 15, 2018 First police chargesheet filed by Pune Police. This is in the second charge sheet filed by Damgude against Kabir Kala Manch activists on January 8, 2018
Aug–Oct 2018 Arrests of several activists, lawyers such as Sudha Bharadwaj, Vernon Gonsalves, Arun Ferreira, Varavara Rao.
Jan 24, 2020 Case transferred to NIA.
April 14, 2020 Surrender/arrests of prominent accused like Anand Teltumbde, Gautam Navlakha.
July 28, 2020 Arrest of Hany Babu from Delhi residence by NIA
Oct 8, 2020 Arrest of tribal-rights activist Stan Swamy.
Dec 2021 – 2023 Some accused get bail/house arrest or medical bail: e.g., Sudha Bharadwaj (Dec 2021), Varavara Rao (medical bail May 2021), Anand Teltumbde (Nov 2022), others over time.
Oct 3, 2025 Bail hearing of Hany Babu — BHC bench reserves order.
Dec 4, 2025 BHC grants bail to Hany Babu.

 

The Allegations & Charges: What the State Has Claimed

The prosecution’s theory (as advanced by NIA), presented the Elgar Parishad event as a front for an “urban Maoist conspiracy” aimed at destabilising the State, fomenting caste-based violence, and reviving the banned CPI (Maoist). The accused (BK-16) were allegedly engaged in organising, recruiting, propagating ideology, and planning activities in consultation with Maoist leadership.

In Hany Babu’s case, Frontline reports that NIA alleged that he had “deep involvement” with CPI (Maoist) and purported front organisations such as Revolutionary Democratic Front (RDF). They accused him of facilitating coordination, communication, and perhaps recruiting or organising under the guise of academic/social-justice work.

On July 28, 2020,  Hany Babu was arrested on the accusation for commission of offences punishable under Sections 121, (waging, attempting or abetting waging of war against the Government of India) , 124A (Sedition), 153A ( promoting enmity between different groups on grounds of religion, place of birth, etc) , 115 (Abetment of offences punishable with death or imprisonment for life- if not committed), 120B (criminal conspiracy) of Indian Penal Code, 1872 and Sections 13 (punishment for unlawful activities), 16 (punishment for terrorist act), 18 (punishment for conspiracy), 18A (organising of terrorist camps), 20 (being member of terrorist gang or organisation), 38 (membership of terrorist organisation) and 39 (support given to terrorist organisation) of the Unlawful Activities (Prevention) Act, 1967. (Read Sabrang’s previous coverage on Bhima Koregaon case: NIA court denies bail to Hany Babu and Kabir Kala Manch members)

On 19 September 2022, a division bench of the Bombay High Court (Justices N. R. Borkar and N. J. Jamdar) rejected Babu’s regular bail plea, alleging his ‘direct involvement’ in the.  Babu then filed a Special Leave Petition (SLP) in the Supreme Court of India (SC). However, on 3 May 2024, he withdrew the SLP, opting instead to approach the Bombay High Court again, in light of changed circumstances, namely that several co-accused had since been granted bail.

After a reversal of order on 3rd Oct, 2025, BHC finally granted bail on 4th December, 2025.

Contentious Forensic Evidence

One of the most contentious and legally critical aspects of the case is the reliance on digital evidence, particularly materials allegedly recovered from the laptops/computers of the accused persons.

The Caravan, in an interview with Hany Babu, reports how only 2 books were seized from his bookshelf, which were books related to GN Saibaba’s arrest.

For analysing the integrity of the digital evidence, Independent forensic firms, notably a US-based firm, Arsenal Consulting, engaged by the defence, concluded that at least some of the devices seized were compromised well before seizure, via remote-access malware. In particular, the device of co-accused Rona Wilson was found to have been infected by a remote-access trojan (RAT) which could have allowed third-party actors (hackers) to plant incriminating files without the user’s knowledge.

Experts have also pointed to the absence of proper forensic safeguards: no contemporaneous hash-value recording at time of seizure, no secure chain-of-custody protocols, and repeated vulnerabilities in how the state forensic labs handled the data.

This raises a fundamental question: if evidence may have been planted remotely, can it form a reliable basis for charging people with terrorism, conspiracy or membership of banned organisations? Critics argue the answer should be no, or at least the court must insist on independent re-forensic audits. Many civil-society, digital-rights and human rights organisations, as well as academics, see the case as a stark example of “investigative overreach.”

Procedural History, Bail Denials and Relief to the Accused

Over the years, other accused have secured various forms of release: bail, medical bail, house arrest, or default bail. Some key examples:

  • Sudha Bharadwaj — granted bail by special NIA court in December 2021 after over three years in jail.
  • Varavara Rao (elderly poet-activist) — granted medical bail in May 2021.
  • Anand Teltumbde — granted bail by Bombay High Court in November 2022.
  • Gautam Navlakha — released on house arrest (later bail) per Supreme Court order in 2024.

These developments reflect a gradual, though uneven, judicial acceptance that indefinite pre-trial detention under UAPA may not be sustainable, especially given long delays, weak evidence, and possible procedural or forensic infirmities.

Significance of the 2025 Bail Order for Hany Babu – Legal & Political

The Bombay High Court’s decision to grant bail to Hany Babu represents a legally and politically significant moment in the Bhima Koregaon prosecutions, particularly given the long pattern of bail denials under the UAPA, where courts have often accepted the prosecution’s case at face value at the pre-trial stage. By intervening after years of prolonged incarceration, the order signals a renewed judicial willingness to treat personal liberty as a substantive constitutional guarantee rather than an abstract principle that must yield to the severity of the charges.

It also reinforces a growing line of jurisprudence visible in recent Supreme Court and High Court decisions that recognises that under UAPA, where trials can stretch over decades, pre-trial detention must not be permitted to operate as de facto punishment. Politically, the decision comes at a time when the foundational claims of the Bhima Koregaon investigation have been shaken by multiple independent digital forensic analyses indicating that key incriminating files on co-accused devices were likely planted through sophisticated malware attacks.

Against this backdrop, the bail order may be read as an acknowledgement of the dangers of excessive reliance on contested digital evidence and the need for heightened judicial scrutiny in cases built around electronic material. More broadly, the ruling underscores enduring constitutional anxieties around the criminalisation of dissent, surveillance-driven investigation, and the shrinking space for academic freedom and civil liberties. In doing so, it places the spotlight back on the core democratic concern that national security laws must not be used to stifle legitimate political expression or to detain individuals indefinitely without trial.

The bail order granting bail to Hany Babu may be read here.

Broader Constitutional and Human Rights Concerns

The Elgar Parishad case, and the recent bail order for Hany Babu, raise profound constitutional and human-rights questions:

  1. Article 21 – Right to Life and Personal Liberty
    • The prolonged pre-trial detention of Hany Babu under the UAPA directly implicates Article 21, which has been repeatedly strained as incarceration stretches into years without trial.
    • The case underscores how UAPA’s stringent bail conditions risk converting pre-trial custody into punishment.
  2. Article 22 – Protection Against Arbitrary Arrest & Detention
    • The heavy procedural restrictions under the UAPA dilute safeguards envisioned under Article 22, including timely production before a magistrate and meaningful opportunities to seek bail.
    • The difficulty of challenging the prosecution’s case at the bail stage restricts the accused’s ability to exercise constitutional protections.
  3. Article 19(1)(a), (b), (c) – Freedom of Speech, Assembly & Association
    • Many accused, including Babu, were engaged in academic, human rights, or cultural work—activities protected under Article 19.
    • The characterisation of dissent, research, social justice advocacy, or association with civil liberties groups as “Maoist links” raises concerns about criminalising constitutionally protected expression.
  4. Academic Freedom as Part of Article 19(1)(a)
    • Babu’s position as a university professor brings into focus the chilling effect such prosecutions have on academic inquiry and the freedom to engage with controversial or critical political ideas.
    • Criminalising academic networks or scholarly communication undermines the constitutionally recognised value of intellectual freedom.
  5. Article 14 – Equality Before the Law & Protection Against Arbitrary State Action
    • Allegations of planted evidence and compromised digital devices raise serious questions about arbitrary or unfair investigative practices.
    • Article 14 requires investigations to be free of bias, fabrication, and selective targeting—standards potentially violated in the Bhima Koregaon probe.
  6. Due Process & Fair Trial Rights (Articles 14 & 21 read together)
    • Extraordinary delays in filing chargesheets, framing charges, and commencing trial jeopardise the right to a fair and timely trial.
    • The case exemplifies systemic concerns over investigative overreach, reliance on contested digital evidence, and inadequate judicial oversight; issues that collectively erode due process protections.
  7. Risk of Criminalising Dissent & Shrinking Civic Space
    • The prosecution narrative reflects a broader pattern where activists, lawyers, academics, and cultural workers face national-security charges for political or ideological opposition.
    • This drift signals a constitutional danger where UAPA becomes a tool to suppress dissent rather than genuinely combat terrorism.

In conclusion, the case highlights systemic faults in India’s criminal justice system when dealing with UAPA: over-broad charges, misuse of digital evidence, poor forensic standards, unlimited pre-trial detention, delayed trials, and weak institutional safeguards. While the Hany Babu bail marks a turning point in the history of pre-trial detention cases, the real challenge arises when the trial begins. Mere bail does not lead to acquittal. Ultimately, the case is emblematic of the tension between national security discourse and constitutional democracy: a test of whether India’s liberal democratic institutions can resist attempts to criminalise dissent.

(The legal research team of CJP consists of lawyers and interns; this resource has been worked on by Shyamli Pengoriya)


[1] This hate-spewing supremacist surfaced once again after a period of relative silence—17 years to be precise– on January 1, 2018 when the violence unleashed against peaceful Dalits assembled at Bhima Koregaon to commemorate 200 years of the battle, was reportedly provoked by the machinations of extremists of the Hindutva brigade. Ironically, a month later, in February 2018, the Supreme Court criticised the Maharashtra state government and probe agencies for the slow progress in their probe against Milind Ekbote, questioning the agencies’ claims that he was allegedly ‘untraceable’. At the time the BJP’s Devendra Phadnavis was Maharashtra Chief Minister and the Shiv Sena, an alliance partner.


Related:

Bhima Koregaon case: NIA court denies bail to Hany Babu and Kabir Kala Manch members

Bhima Koregaon case: Prof Hany Babu to remain in pvt hospital till June 15

Seek court’s permission before discharging Hany Babu: Bombay HC

Not Proscribed, Not Prima Facie: The labyrinth of bail under UAPA

 

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Nearly 50 lakh names flagged for deletion in West Bengal, state government announces Rs. 2 Lakh relief for SIR-linked deaths, CM Mamta Banerjee launches ‘May I Help You’ block camps https://sabrangindia.in/nearly-50-lakh-names-flagged-for-deletion-in-west-bengal-state-government-announces-rs-2-lakh-relief-for-sir-linked-deaths-cm-mamta-banerjee-launches-may-i-help-you-block-camps/ Mon, 08 Dec 2025 11:42:41 +0000 https://sabrangindia.in/?p=44853 The SIR flagged almost 50 lakh names in West Bengal as potentially removable from the voters’ list, triggering a wave of anxiety among the electors, 39 deaths the state links to “SIR panic,” the TMC government has announced compensation and block-level help camps from December 12 to assist affected residents

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The Election Commission’s Special Intensive Revision (SIR), launched on November 4, 2025, moved rapidly through digitised enumeration forms and, according to the latest trends released during the process, identified around 50 lakh names in West Bengal as potentially eligible for exclusion from the electoral rolls. That provisional figure rose from a little over 46 lakh in the space of 24 hours, a pace officials described as a product of ongoing digitisation and categorisation of records.

The bulk of entries flagged so far fall into the categories that commonly prompt removal of deceased voters, those who have shifted addresses, untraceable names and duplicates.

The state’s electoral roll, as last certified on October 27, 2025, lists 7,66,37,529 registered voters. In proportion, the provisional 50-lakh figure represents a significant chunk of the electorate. Election officials and the Chief Electoral Officer’s office have stressed repeatedly that this is a provisional outcome of the digitisation exercise and must be understood in the administrative sequence that follows publication of the draft list, notices, hearings and disposal of claims and objections, and finally the ECI’s checks and permission for the final roll.

The draft list was scheduled for publication on December 16, 2025, with hearings and verification to follow before any name is finally deleted.

According to The News Minute, the officials working at the CEO’s office provided a breakdown of the roughly 50-lakh provisional cases: more than 23 lakh were classified as “deceased,” over 18 lakh as “shifted,” and more than 7 lakh as “untraceable,” with the remaining entries attributed to duplicates or other removal reasons. These categories mirror the normal administrative reasons that electoral rolls are pruned; however, the speed and scale of the flags — not just the categories themselves — have alarmed voters, civil society groups and political parties alike.

The final numbers will depend on hearings and verifications scheduled between mid-December and early February 2026.

How SIR became a public crisis

Petitioners challenging the SIR in the Supreme Court have argued on December 2 that the Special Intensive Revision is illegal and unconstitutional, claiming that the scale, timing and manner of its implementation violate established electoral norms. Despite the pendency of these challenges, voter-list revision remains, on its face, a routine democratic duty that both the State and the Election Commission of India are obligated to maintain accurate rolls so that eligible voters are neither omitted nor counted more than once.

Even so, aspects of the present exercise — its pace, concentrated timelines, the extensive door-to-door verifications carried out by Booth Level Officers (BLOs), and the near-real-time visibility of digitisation flags — unfolded in an environment of heightened public attention, leading to widespread anxiety among sections of the population. Social media circulation, intense political scrutiny and fragmented information channels further contributed to confusion about what provisional flags meant, particularly among vulnerable citizens.

In several districts, police and administrative logs recorded citizens who said they feared losing their names or being confronted with legal consequences because of missing paperwork. Interviews collected by reporters from families of victims described panic, confusion and, in some cases, pre-existing vulnerability — old age, lack of regular identity documents, migratory labour status or poor literacy — as the factors that turned an administrative notice into a cause of intense personal distress. The pattern of panic is not unique to this revision: previous national episodes where large administrative drives intersected with inadequate public outreach have produced similar outcomes. What made the present wave distinct was the speed with which thousands of provisional deletions became visible and the proliferation of alarming claims — anecdotal and political — across platforms, The News Minute reported

Field staff reported pressure, and the death of a few BLOs earlier in the exercise crystallised wider concerns. Employee associations, local administrators and civil society groups told reporters that the compressed timeframes required an exceptional workload from BLOs, who must complete verifications under deadlines, often with server or app issues, poor transport or unclear instructions. The tragic deaths reported during this period sparked urgent questions about whether adequate staffing, mental-health support and realistic timeframes accompanied a process of such scale.

The tally of deaths and the state’s response

In the last weeks of the SIR exercise, the Trinamool Congress (TMC) compiled and presented lists of deaths they allege were linked to SIR-induced panic. The TMC delegation took such lists to the Election Commission and made repeated public claims that dozens of people, including BLOs and ordinary citizens, had died as a direct or indirect result of the SIR exercise. The party’s public figures described the deaths as a humanitarian crisis and a political failure of the SIR implementation. The TMC tabled “40” or “39” as the number of deaths in various submissions and press interactions, as the Times of India reported

On December 2, 2025, Chief Minister Mamata Banerjee announced a Rs. 2 lakh ex gratia payment for the families of 39 people she said had died due to “SIR-panic,” and Rs. 1 lakh for persons whose condition worsened during the verification exercise but who survived. The announcement was presented by the state as a humanitarian step to assuage grief and to remind citizens that the SIR process is not punitive in itself. The CM and state officials insisted the measure was necessary given the scale of distress and to underline the government’s role in supporting affected families.

The TMC also submitted lists to the Election Commission during a delegation meeting in New Delhi where party leaders voiced sharp criticism of the ECI and its conduct of SIR in West Bengal. The party accused the ECI of being insensitive to the emotional and social consequences of the drive, citing the deaths and hospitalisations reported from various districts. The TMC’s demonstrations and delegations intensified public and media focus on the human consequences of the revision exercise.

The ECI, meanwhile, has responded to the allegations in court and in public statements. According to The Hindu, in affidavits and hearings before the Supreme Court, the Commission described claims of mass disenfranchisement as “highly exaggerated” and maintained that the SIR is a constitutionally mandated and transparent administrative exercise intended to maintain accurate electoral rolls. The ECI also warned political parties against intimidating BLOs and stressed that any names flagged during digitisation will get due process in the notice, hearing and objection windows before final deletion.

These institutional exchanges — TMC’s claims and ECI’s rebuttals — unfolded in parallel to the state government’s relief announcements.

What the ECI says and what courts are hearing

The ECI’s defence of SIR in the Supreme Court highlighted that digitisation trends alone do not determine final deletions and that the statutory safeguards of notice, hearing and disposal of objections must play out. In written affidavits, the Commission argued that allegations of systematic disenfranchisement were factually unfounded and politically motivated, pointing to the processual safeguards embedded in electoral law. The Commission’s public posture included cautionary notices to political actors to avoid intimidation of field officers and to allow BLOs to complete verifications unhindered.

At the same time, political delegations from West Bengal argued before the ECI and in the media that the pace, the timing and the perceived motives behind SIR risked alienating communities and that the ECI needed to exercise greater sensitivity. These tensions — legal, administrative and political — set the terms for the weeks leading up to and following the publication of the draft roll on December 16, 2025.

Mamata’s public outreach: ‘May I Help You’ camps and rallies

In response to the surge of panic, and framed as a rights-protection measure, Chief Minister Mamata Banerjee announced a large-scale outreach plan. Beginning on December 12, the state government will set up “May I Help You” camps across every block in West Bengal.

The stated objective of these camps is to assist people whose names are flagged in the draft roll, help them assemble or correct documentation, guide them through the claims and objections process, and ensure that no genuine voter is removed simply for lack of paperwork. The camps are also meant to offer a visible and immediate reassurance to citizens that the state will actively support them during hearings and verifications.

Mamata has deployed these announcements in public rallies and district visits where she has framed the SIR process as being politically charged and pushed by the Centre.

In rallies, she has warned against “weaponising” the revision and has called on party workers and local officials to assist citizens in the help camps. The CM’s public speeches have combined administrative directives (the establishment and staffing of camps) with political claims about motives and effects, aiming to both reassure vulnerable residents and mobilise political solidarity ahead of the assembly elections scheduled for 2026.

Mamata’s own account on X (formerly Twitter) amplified the compensation announcement and the help-camp plan: her verified handle posted the government’s decisions and appealed for calm, signposting the administrative steps being taken in the coming days. Official state and party handle also circulated schedules for district-level visits, helpline numbers and details of local camp venues as these were finalised.

Helplines, camps and the practicalities of the relief plan

State officials described the “May I Help You” camps as a three-part intervention as immediate assistance to citizens flagged in digitisation (document checks and form help); facilitating representation at ERO hearings by informing registered claimants about hearing dates and rights; and providing limited financial relief where deaths or serious health deterioration could be credibly linked to SIR-induced distress.

The camps are to be staffed by government clerical personnel, local health-and-welfare officers and — in places — TMC volunteers, according to state releases. The efficacy of these camps will depend heavily on local logistics: transport to block headquarters, staffing levels, coordination with electoral officers and clear public communication about timelines and required documents.

The state said the payments for bereaved families — the Rs. 2 lakh ex gratia — would be expedited and administered through district disaster relief desks or equivalent welfare channels. For survivors who suffered severe illness during the SIR period, officials said a Rs.1 lakh assistance would be made available upon verification of medical records and circumstances. The practical implementation — how quickly families will receive money, whether the assistance will be disbursed as one-time grants or routed through existing welfare programmes — will be closely watched by the media and rights groups in the weeks ahead, as the Times of India reported

Moreover, the SIR exercise in West Bengal encapsulates a difficult administrative paradox that electoral rolls must be accurate to preserve democratic fairness, yet the processes that produce that accuracy must be implemented in ways that avoid causing social harm. The provisional flagging of nearly 50 lakh names created a public crisis because the mechanical outcome of digitisation met a social reality where millions of citizens — some undocumented, some mobile, some vulnerable — lacked reassurance about what a provisional flag meant for their legal rights.

The West Bengal government’s compensation for families and the creation of block-level “May I Help You” camps are immediate, targeted responses to the humanitarian fallout; the ECI’s court submissions and processual guarantees are the institutional reassurance that legal safeguards remain in place. Whether these parallel interventions will restore confidence will depend on the quality of on-ground implementation: transparent hearings, accessible help desks, rapid disbursement of relief where appropriate, and a clear, plain-language public information campaign explaining rights and remedies.

Related:

SIR exercise leaves trail of suicide across states as BLOs buckle under pressure and citizens panic over citizenship

Pregnant woman deported despite parents on 2002 SIR rolls, another homemaker commits suicide

Haunted by NRC fears, 57-year-old West Bengal man dies by suicide; Mamata blames BJP for turning democracy into a “theatre of fear”

 

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SC secures return of pregnant woman and child deported to Bangladesh, says ‘law must bend to humanity’ https://sabrangindia.in/sc-secures-return-of-pregnant-woman-and-child-deported-to-bangladesh-says-law-must-bend-to-humanity/ Mon, 08 Dec 2025 08:17:16 +0000 https://sabrangindia.in/?p=44840 Union concedes to humanitarian repatriation; Supreme Court questions due process, sets next hearing on status of four remaining deportees

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In a significant intervention underscoring the primacy of humanitarian considerations over bureaucratic rigidity, the Supreme Court on Wednesday, December 4, directed the Union Government to bring back Sunali (Sonali) Khatoon, a heavily pregnant woman, and her eight-year-old son, Sabir, who were deported to Bangladesh in June following an identity-verification sweep in Delhi. The Union Government, appearing before a Bench led by Chief Justice of India Surya Kant and Justice Joymalya Bagchi, conceded that the repatriation would be carried out “purely on humanitarian grounds” and without prejudice to its stance on the merits of the deportation, according to Livelaw.

The decision came during the hearing of special leave petitions filed by the Union challenging two Calcutta High Court orders of September 26–27, which had directed the return of six individuals deported to Bangladesh and mandated an opportunity to them to establish their Indian citizenship. Sunali and her child are among those six deportees, whose removal from India has since raised troubling questions of due process, legality, and the treatment of vulnerable individuals caught in verification drives.

A family caught in a deportation sweep

The case originated from a habeas corpus plea filed by Bhodu Sekh, Sunali’s father, who told the High Court that his family hailed from West Bengal but had migrated to Delhi for better livelihood opportunities. According to Sekh, Sunali, her husband, and their son were detained on June 21 during an identity-verification campaign initiated under a Ministry of Home Affairs (MHA) notification dated May 2. Within five days, the family was produced before the Foreigners Regional Registration Office (FRRO) and deported to Bangladesh on June 26.

In its September rulings, the Calcutta High Court noted the “hot haste” of the proceedings and criticised the Union and Delhi Police for effecting deportation without a fair hearing or adequate inquiry. The court observed that the names of the deportees’ grandfathers appeared in the electoral rolls of West Bengal—an important indication of Indian lineage. It also highlighted that the May 2025 MHA memo allows immediate deportation only under emergent circumstances following proper inquiry, finding that such procedural safeguards were “conspicuously absent.”

Detailed reports on the said case may be read here, here and here.

Humanitarian Intervention by the Supreme Court

At the recent hearing, Solicitor General Tushar Mehta informed the Supreme Court that the Union had, after consultations, agreed to bring back Sunali and her child because of her advanced pregnancy and the need to avoid separation between mother and minor child. He clarified that the gesture:

  • was not an admission concerning their citizenship,
  • would not set a precedent,
  • and would be accompanied by appropriate surveillance upon their return.

As the deportation was conducted formally through official channels, Mehta requested that the court incorporate the Union’s undertaking into its written order to expedite diplomatic coordination with Bangladeshi authorities. The Bench complied, ensuring that the repatriation process could begin without administrative obstacles.

Significantly, as per the report of Livelaw, the court remarked: “These are cases where law has to bend to humanity. Some of these cases require a different outlook.”

The order marks a crucial assertion of judicial discretion in situations where rigid enforcement risks inflicting disproportionate harm on vulnerable individuals.

Directions ensuring medical and social support

Accepting requests from senior advocates Kapil Sibal (appearing for the State of West Bengal) and Sanjay Hegde (for Bhodu Sekh), the Supreme Court directed that Sunali be allowed to reside temporarily in Birbhum district, where her family lives. As per Livelaw report, the Bench further ordered:

  • Free and comprehensive medical care for Sunali, including all delivery-related services;
  • Full assistance and day-to-day care for her minor son;
  • Immediate coordination between the Union, West Bengal authorities, and medical officials to ensure safe return and treatment.

The Bench noted that since Sunali was picked up from Delhi, she may initially be brought back to the national capital before being shifted to her native district.

Citizenship Inquiry: Biological link may be pivotal

Justice Bagchi raised a crucial legal issue: if Bhodu Sekh is indeed an Indian citizen—as the High Court record suggests—then Sunali, as his biological daughter, and Sabir, as her child, would also qualify as Indian citizens. The Court urged the Union to undertake an inquiry into Sekh’s citizenship in accordance with principles of natural justice, signalling that the broader dispute over nationality remains very much alive.

Contempt proceedings and Union’s concerns

The Solicitor General informed the Court that a contempt petition was pending before the Calcutta High Court against the Union Government for non-compliance with the repatriation directions. While Mehta requested protection, the Bench said that since the Supreme Court was now seized of the matter, the High Court would not proceed independently. It declined to formally stay the contempt proceedings but indicated that the issue would not trouble the Union in light of ongoing Supreme Court supervision.

Remaining Deportees: Union maintains they are Bangladeshis

The Supreme Court also took note of the fact that four other deportees named in the High Court’s September orders remain in Bangladesh. Senior advocate Kapil Sibal requested that the Union take instructions regarding their return as well. The Solicitor General resisted, insisting that the remaining individuals were “Bangladeshi nationals” and that the Union had a serious contest to their claims of Indian citizenship.

The Bench has directed the Union to return with its instructions at the next hearing, signalling that the nationality dispute for the remaining individuals is far from settled.

Backdrop of procedural lapses

The High Court’s criticism of the June 2025 deportations remains a crucial backdrop. The Delhi Police, FRRO and central agencies executed the arrest-to-deportation timeline in five days, a speed the High Court deemed incompatible with fair procedure. It held that:

  • no adequate inquiry was conducted,
  • no meaningful opportunity to be heard was given,
  • and the exercise violated the Union’s own procedural guidelines.

Although the Supreme Court has not yet ruled on these legal defects, its present orders focus on preventing further harm while preserving the Union’s right to contest the High Court’s findings.

A limited but crucial relief

While emphasising that its directions do not prejudice the Union’s legal arguments on the merits of the deportation, the Supreme Court made clear that humanitarian imperatives could not be ignored. The Court will resume hearing the matter on December 12, when it will also consider the status of the remaining deported individuals.

For now, the Court’s intervention ensures that a heavily pregnant woman and her young child will not be left without medical care or family support across an international border—sending a powerful message that judicial oversight remains vital where citizenship, deportation and human dignity intersect.

Order can be read here.

Related:

“All I Wanted Was Peace”: How 55-year-old widow Aklima Sarkar won back her citizenship

From Despair to Dignity: How CJP helped Elachan Bibi win back her identity, prove her citizenship

Calcutta High Court strikes down arbitrary deportations of West Bengal residents, orders return from Bangladesh

Gauhati High Court seeks Centre’s May 2025 deportation notification as legality of re-detention of Abdul Shiekh and Majibur Rehman is scrutinised

Another Pushback Halted: SC stays deportation of woman declared foreigner, issues notice on challenge to Gauhati HC order

CJP Win! Gauhati HC stays deportation of Ajabha Khatun, will address bail demand on April 4

 

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From Suspected Foreigner to Recognised Citizen: Aklima’s fight for dignity and Indian citizenship https://sabrangindia.in/from-suspected-foreigner-to-recognised-citizen-aklimas-fight-for-dignity-and-indian-citizenship/ Mon, 08 Dec 2025 05:35:11 +0000 https://sabrangindia.in/?p=44832 Widowed, landless, and displaced, Aklima Sarkar fought three years to reclaim her citizenship in Assam

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For three years, 55-year-old widow Aklima Sarkar lived in a state of quiet terror. A resident of Shernagar village in Assam’s Dhubri district — nearly 300 kilometres from Guwahati — she had already lost her home, her land, her husband, and every form of security to the forces of nature. Then the state pushed her even further into despair: a suspected foreigner notice from the Border Branch of Agomani Police Station accused her of being a Bangladeshi.

For a woman who had known nothing but tragedy, the notice was a final blow. She could not sleep. She cried alone. She thought she would die with the fear.

But on November 29, 2025, the Foreigners Tribunal No. 9 of Dhubri brought long-awaited relief. After a painstaking evaluation of evidence, the Tribunal declared Aklima an Indian citizen, dismissing the allegations of her being a foreigner. And the first words she uttered when she held the order were simple: “All I ever wanted at this age was peace.”

A life marked by loss

Long before the state questioned her citizenship, life had already taken almost everything from Aklima.

Born in Kaldoba Pt I to a “Deshi community” family, she had lived her entire life within a cluster of neighbouring villages. Her father, Sonauddin Sk, was a registered voter in 1971; her grandfather, Khusulla Sk, had voted in 1958. The family had lived in the region for generations — long before borders hardened imaginations.

After her marriage to Rahman Prodhani, she moved to Shernagar, where she continued building her life. She cast her first vote in 1997 from her matrimonial home — the same village where, years later, she would be labelled a suspected foreigner.

Then the tragedies began.

The Gangadhar River swallowed her agricultural land. A devastating storm swept away her hut. She lost her husband in 2009. With no children and no property left, she survived by working as a house help, staying either at her workplace or with her brother.

When the FT notice arrived, it felt like the final cruelty.

The notice that shattered what little she had left

A man in plain clothes arrived at her relative’s house with the suspected foreigner notice. Aklima was at work. When she came home and heard the words “police” and “court”, her body shook uncontrollably. Her first instinct was to hide the notice, but fear led her to seek help. She ran to community member Hasrat Zaman, a long-time CJP well-wisher, and placed the notice in his hands.

When the Citizens for Justice and Peace team first met her, she was terrified, fragile, recently ill, and unable to comprehend how she would defend herself.

Her tears wouldn’t stop. Her fear wouldn’t subside. And her documents — scattered, incomplete, and poorly preserved — were nowhere near what the Tribunal would demand.

But CJP refused to let her fight alone.


Aklima Sarkar with CJP Team Assam

CJP Steps In: Counselling, rebuilding confidence, restoring dignity

Before touching the documents, the team focused on what mattered most: making Aklima strong enough to fight.

They visited her repeatedly, counselling her, teaching her how to travel to Dhubri, how to speak in court, and how to face officials. Community volunteer Zaman took responsibility for accompanying her. CJP’s advocate Ishkendar Azad patiently explained every step of the legal process.

Only after stabilising her emotionally did the legal work begin.

The documentation struggle

What Aklima had in her possession was nowhere near enough:

  • Aadhaar
  • Voter ID
  • Bank passbook
  • Current voter list entry

To build a strong case, CJP had to reconstruct an entire lineage. They met her brother and village elders, applied for old documents, made visits to government offices, collected legacy documents, and arranged certified copies — all within the strict timelines of the Tribunal.

Key ancestral documentation eventually established

  • Grandfather Khusulla Sk: Voter in 1958
  • Father Sonauddin Sk: Voter in 1971
  • Aklima herself: Voter in 1997 at Shernagar

This chain showed three generations of electoral presence — a critical requirement under Assam’s unique citizenship regime.

The final challenge was persuading witnesses. Her elder brother agreed to testify, and CJP volunteers coordinated with local Panchayat and Circle Office officials to support her appearance.

The Legal Battle: What the Tribunal found

Based on the order, the Tribunal made the following key findings:

  1. An unbroken lineage inside India- The Tribunal accepted the documentary evidence establishing that Aklima’s grandfather and father were Indian voters long before 1971 — placing the family firmly within Indian territory prior to the cut-off date.
  2. Consistent presence in Assam across decades- Aklima’s migration from her natal village to her matrimonial home was supported by:
  • Electoral rolls
  • Marriage affiliation
  • Community certificates
  • Supporting witness testimony
  1. No evidence of foreign origin- The state could not produce any proof suggesting that she or her ancestors ever migrated from Bangladesh or any foreign territory.
  2. A legally compliant, coherent narrative- The Tribunal found her documents to be authentic, consistent, and contextually accurate when read together.

As a result, the Tribunal declared that Aklima Sarkar is an Indian citizen and dismissed the reference case.


Aklima Sarkar holding up the Foreigners Tribunal order

The moment of relief

On November 29, 2025, CJP State In-Charge Nanda Ghosh, Advocate Ishkendar Azad, and community volunteers Habibul Bepari, Illias Rahman (Rabbi), Zaman, Digamber, and driver Asikul Hussain travelled to meet her and hand over the order copy.

She took the papers in her hands, held them to her chest, and cried.

She could not read the order — but she felt its meaning.

“Without you, I would have died with this tension. All I can give is my duaa.”

She insisted on serving tea. And in the cool evening breeze, with her smile returning after years, the team felt the quiet satisfaction of justice finally delivered.

For women like Aklima, who work as domestic labourers, lack formal education, and have lost ancestral land to erosion, navigating the FT system becomes nearly impossible without support.

Conclusion: Peace, finally — but at a cost no citizen should bear

Aklima Sarkar’s victory is not just a legal outcome — it is a reminder of what countless people in Assam must endure to prove something as basic as belonging to their own country.

Her tears, her trembling fear, her years of sleeplessness — all originated from a notice served “on suspicion”. For a widow who has lost land, home, health, and family, the simple right to live in peace had become a battle. Now, with the Tribunal affirming her citizenship, she finally has the peace she longed for.

The complete order may be read here.

 

Related:

When Erosion Stole Her Home, a Foreigners’ Notice Tried to Steal Her Citizenship: Hamela Khatun triumphs over foreigner tag

From Despair to Dignity: How CJP helped Elachan Bibi win back her identity, prove her citizenship

Assam BJP’s AI video a manufactured dystopia, Congress files complaint, myths exposed

CJP scores big win! Citizenship restored to Mazirun Bewa, a widowed daily wage worker from Assam

Assam’s New SOP Hands Citizenship Decisions to Bureaucrats: Executive overreach or legal necessity?

Bulldozing the Poor: Assam’s eviction drives for Adani project leave thousands homeless

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Six Days Behind Bars After Bail: Patna High Court orders ₹2 lakh relief, flags state-wide pattern of illegal detention https://sabrangindia.in/six-days-behind-bars-after-bail-patna-high-court-orders-%e2%82%b92-lakh-relief-flags-state-wide-pattern-of-illegal-detention/ Wed, 03 Dec 2025 09:09:39 +0000 https://sabrangindia.in/?p=44820 Court rejects “festival holiday” defence, directs IG Prisons to fix systemic lapses and ensure jail superintendents comply with court orders

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In a stinging affirmation of the constitutional guarantee of personal liberty, the Patna High Court has directed the State of Bihar to pay ₹2 lakh to a man who remained in jail for six days despite a valid judicial order directing his release. Through an oral judgment, delivered on November 13, exposing deep structural failures in Bihar’s prison administration, the Patna High Court has held that a Gaya jail inmate was illegally detained for six days despite a valid release order, thereby suffering a “clear breach of his fundamental right to life and personal liberty” under Article 21 of the Constitution. The Court awarded ₹2,00,000 in compensation, to be recovered from the responsible official, and directed the Inspector General (IG) of Prisons and Correctional Services to issue state-wide corrective guidelines within two weeks.

The Division Bench of Justice Rajeev Ranjan Prasad and Justice Sourendra Pandey delivered the ruling in a criminal writ petition filed by Neeraj Kumar @ Neeraj Singh, who had remained in the Central Jail, Gaya, even after securing bail in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act, 2016.

Release order issued on September 29 — but prisoner not released

Neeraj Kumar’s ordeal began after the Special Excise Judge issued a release warrant on September 29, 2025, which was promptly sent to the Superintendent of the Central Jail, Gaya. Yet, instead of being released, he continued to languish in custody. The Court meticulously reconstructed the timeline:

  • The petitioner was arrested in Sarbahda P.S. Case No. 91/2025 and lodged in Central Jail, Gaya.
  • He was granted bail on September 23, 2025.
  • A release warrant dated September 29, 2025 was issued by the Exclusive Special Excise Judge, Gaya, directing that he be released unless required in another case.
  • The jail acknowledged receipt of this release order.

Yet, the petitioner remained confined.

Instead of complying with the bail order, the Jail Superintendent relied on an earlier production warrant issued by the Chief Judicial Magistrate, Buxar, in connection with an unrelated theft case under Section 303(2) of the Bhartiya Nyay Sanhita. Significantly, the production warrant had fixed the production date as September 4, 2025—well before the release warrant arrived, and long expired by the time the petitioner’s liberty was at stake.

The High Court noted that the jail authorities had been corresponding with police officials for “vehicle with adequate force” to take the accused to Buxar, but at no point had they secured a fresh production warrant after the earlier one lapsed, even though both Section 304 and Section 305 of the Bhartiya Nagrik Suraksha Sanhita, 2023 allowed such recourse.

The Bench held unequivocally:

“…once the date fixed in the production warrant expired and the order of release had already reached in the hand of the Superintendent of Central Jail, Gaya Jee, he had no option but to release the petitioner.” (Para 3)

Instead, the jail kept him confined “for 18 days even after release without there being any order of a competent court,” as initially observed by the Court. Later, after accounting for a virtual production on October 4, the Bench narrowed the illegal period to five days—still an admitted constitutional violation.

IG Prisons Called to Court; Durga Puja holiday excuse rejected

On November 12, 2025, disturbed by what it termed “disturbing features” of the case, the Court summoned the IG, Prisons. Appearing online, the IG attempted to justify the delay, arguing that the non-release “occasioned due to the intervening Durga Puja holidays.”

The Bench rejected this outright, pointing out that:

  • In-charge courts function even during holidays,
  • The petitioner’s virtual production on October 4 occurred during Puja holidays, disproving the justification,
  • The delay reflected not an isolated lapse but a habitual administrative practice.

The Court recorded that upon being confronted, the IG “immediately realised” and conceded:

“Yes, there is an illegal detention for at least five days.” (Para 6)

Court observes systemic violations across Bihar

The Bench expressed grave concern that such illegal detentions were not unique to this jail.

Justice Prasad observed: “There being an admitted position that it is a case of unauthorized detention of the petitioner from 29.09.2025 until 04.10.2025 and this practice is going on without drawing much attention of the Department, this Court being a Constitutional Court cannot remain a silent spectator.” (Para 7)

The Court’s warning was not limited to the Gaya jail, but directed at the State’s entire prison administration.

On Compensation: Court rejects ‘tokenism’, Cites Rudul Sah and Delhi High Court precedent

When asked to suggest a reasonable compensation amount, the IG proposed ₹10,000—a suggestion the Bench considered wholly inadequate.

The petitioner’s counsel demanded serious compensation, arguing that monetary relief must reflect the gravity of an Article 21 violation and citing:

  • K.K. Pathak v. Ravi Shankar Prasad (2019), where the Patna High Court held that compensation for constitutional wrongs must be recovered from erring officials;
  • Pankaj Kumar Sharma v. GNCTD (2023), where the Delhi High Court awarded ₹50,000 for only half an hour of illegal detention;
  • Arvind Kumar Gupta v. State of Bihar (2025), where ₹1 lakh each was awarded for unauthorized police custody.

The Bench quoted extensively from Rudul Sah v. State of Bihar (1983), reaffirming that denying compensation would amount to “lip service” to fundamental rights.

After weighing these precedents, the Court held:

“Having considered the entire materials and the submissions as recorded hereinabove, we are of the considered opinion that a consolidated amount of Rs.2,00,000/- (Rupees Two Lakhs) would be a reasonable amount which may be awarded to the petitioner by way of compensation for his unauthorized detention by the Jail Superintendent, Central Jail, Gaya Jee.” (Para 11)

Crucially, the Court reiterated the principle that public money cannot bear the burden of unconstitutional action:

“The Respondent State of Bihar shall pay the compensation amount of Rs.2,00,000/- (Rupees Two Lakhs) to the petitioner within one month from today. Following the settled principle as discussed in the case of K.K. Pathak (supra), we direct that the amount so paid to the petitioner shall be realized from the erring official in accordance with law.” (Para 12)

State-wide Reform Direction: Mandatory guidelines in two weeks

Recognising the systemic implications, the Court issued a sweeping administrative directive:

  • The IG, Prisons must issue uniform guidelines to all Jail Superintendents in Bihar,
  • These guidelines must ensure strict compliance with release orders and constitutional guarantees,
  • They must be issued within two weeks.

Since we have come to know that this practice is going on in other jurisdictions of the Jail Superintendents in the State, the I.G., Prisons and Correctional Services is directed to issue appropriate guidelines to all the Jail Superintendents in the State of Bihar requiring them to strictly abide by the Constitutional Mandate and order of the Court without any exception. Such guideline shall be issued within a period of two weeks from today.” (Para 12)

The writ petition was accordingly allowed.

The complete judgement may be read here.

Related:

A Decade after Bisada: Why Uttar Pradesh’s attempt to drop the Akhlaq lynching case defies law and constitution

Bihar Elections: Trains for votes? The unanswered mystery of the ‘phantom’ specials from Haryana to Bihar

‘They Have a Right to Be Heard’: Supreme Court suggests Union brings back alleged deportees from Bangladesh “at least as a temporary measure”

A Terror Case Without Evidence: Allahabad High Court’s ‘heavy heart’ acquittal After 28 Years

 

The post Six Days Behind Bars After Bail: Patna High Court orders ₹2 lakh relief, flags state-wide pattern of illegal detention appeared first on SabrangIndia.

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Washed Away by Floods, Targeted by the State: Hamela Khatun’s fight for citizenship https://sabrangindia.in/washed-away-by-floods-targeted-by-the-state-hamela-khatuns-fight-for-citizenship/ Tue, 02 Dec 2025 05:44:42 +0000 https://sabrangindia.in/?p=44795 CJP’s team helped Hamela piece together a lifetime of evidence — from 1950s land documents to contemporary electoral rolls — to establish beyond doubt that she is, and always has been, an Indian citizen

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When the floods washed away our land, I thought nothing worse could happen to us. But then they said I was not Indian…” 

With these words, Hamela Khatun, also known as Hamela Begum, recalls the moment her world collapsed. A resident of Bhakeli Kanda in Darrang district, she grew up in a family of small farmers who survived on a patch of land along the Brahmaputra. Like millions in Assam’s char regions, river erosion was a familiar enemy. Their land vanished gradually, leaving the family impoverished and forcing them to migrate to Kerala as labourers.

Yet the destruction of their home was only the first blow. In 2009, the Border Branch of Darrang issued a notice against her under the Foreigners Act, accusing her of being an “illegal Bangladeshi migrant.” Overnight, a woman who had been born, raised, and registered as a voter for nearly two decades was declared a suspect. For Hamela, who had lived her entire life in Assam, the allegation was not merely bureaucratic confusion — it was a wound to her sense of belonging. The notice left the family shaken, terrified, and mentally shattered.

How help arrived — entirely by chance

In early 2025, as the family travelled to Bako in Kamrup district for temporary work, fate intervened. At a relative’s house, they unexpectedly encountered Advocate Abdul Hai, a member of CJP’s Assam legal team. With hesitation, they shared their ordeal — the FT notice, the years of fear, the absence of guidance, their displacement to Kerala, and the looming threat of deportation. Moved by their distress, Hai immediately informed CJP State Secretary Nanda Ghosh, who assured them that CJP would provide full legal assistance, completely free of cost.

This chance meeting, almost accidental, changed the entire course of Hamela’s case. For the first time in years, the family felt a faint sense of hope.


Hamela Khatun stands with CJP’s Assam Team

The Case Before the Foreigners Tribunal: What the state alleged

The reference against her — Ref. Case No. 294/2009, formally registered as F.T. Case 5861/2011 — was forwarded by the Superintendent of Police (Border), Mangaldai. It claimed that Hamela was not an Indian citizen but an illegal migrant who had entered Assam unlawfully. Her entire identity was placed under suspicion, and the Tribunal was asked to determine whether she was an Indian or a foreigner.

Crucially, under Section 9 of the Foreigners Act, 1946, the burden of proof lies on the accused — meaning Hamela had to prove her own citizenship, rather than the state proving she was a foreigner. For a poor, illiterate woman displaced by floods, this burden is extraordinarily harsh. Yet she refused to give up.

How Hamela Proved Her Citizenship: A lifetime of records, preserved against all odds

Despite years of displacement, poverty, and illiteracy, Hamela managed to gather a remarkable collection of documents establishing her lineage, identity, and continuous presence in Assam.

She proved that her grandfather, Jasim Mandal, appeared in the 1951 Legacy Data and in the 1960 Voters’ List. Her paternal uncles appeared in 1966 and 1977 Voters’ Lists, showing that the family has lived in the same region for decades. Her father, Haidar Ali, appeared consistently in voter lists from 1985 all the way up to 2025, establishing uninterrupted citizenship across generations. Similarly, her mother, Rupbhan Nessa, and her siblings were all documented in electoral rolls in Sipajhar LAC across the years 1997–2025.

Hamela also produced all her own electoral records from 2006, 2010, 2021, and 2025, each showing her as a resident of Mangaldai LAC. Alongside this, she submitted a residential certificate, a linkage certificate from the Gaon Panchayat, land documents from the 1950s and 60s, Aadhaar card, PAN card, ration card, bank passbook, and several other personal IDs.

In addition to documentary evidence, her father testified before the Tribunal. His deposition — detailing the family tree, place of origin, the names of his brothers and sisters, and his movements over the years — matched perfectly with every document filed. This consistency became a decisive factor in establishing her citizenship.

Tribunal’s Detailed Findings: A clear, decisive, evidence-based victory

The Tribunal, after examining every record, deposition, and certified document, delivered a clear and categorical finding. It held that Hamela’s forefathers were genuine Indian nationals, and her family lineage from her grandfather to her father was fully supported by electoral records dating back more than six decades. Her own voting history since 2006 further reinforced her claim.

The Tribunal found the evidence “reliable, trustworthy, and sufficient,” noting that there was nothing in the record to cast doubt on her claims. Her grandfather’s name appeared in the 1960 electoral roll, her uncles in 1966 and 1977, her father and mother across multiple voter lists until 2025, and her own name in four different rolls over nineteen years. Every link in her family tree was documented, certified, and verified.

Based on this, the Tribunal concluded:

Musstt. Hamela Khatun @ Hamela Begum… is not a Foreigner/Illegal Migrant of any stream. The reference is answered in the negative.”

It directed the Superintendent of Police (Border), Mangaldai, and the Deputy Commissioner, Darrang, to take necessary action recognising her as an Indian citizen.

It was a complete victory — built entirely on evidence, consistency, and truth.

When the Order Reached Her Home: Relief after years of fear

On November 24, 2025, a CJP team comprising State In-charge Nanda Ghosh, DVM Joinal Abedin, Advocate Abdul Hai, driver Asikul Hussain, and local community volunteers travelled nearly six hours across rough, broken roads to reach Hamela’s house.

The journey was long, but when they arrived, they saw a sight that made every hour worth it — Hamela standing with a wide, relieved smile, holding the order copy that restored her identity.

She told the team, her voice trembling with gratitude: You saved us by fighting the case for free. You stood by us in times of trouble.”

In a gesture of humility and affection, she offered them boiled eggs from her chickens and small flower seedlings from her garden — a heartfelt expression of thanks from someone who had endured years of erasure and suffering. She added, “I was worried for so long, but today I’m happy.”

As the team left, the sun was setting over the Brahmaputra, casting a warm glow over the green fields that surround her house — a fitting end to a journey that symbolised justice, dignity, and belonging.

Why Hamela’s story matters for Assam and India

Hamela’s struggle is emblematic of the larger issues in Assam’s citizenship verification system. Her case highlights how:

  • River erosion uproots entire communities, leaving them without documents.
  • Poor, illiterate women are disproportionately targeted and unable to navigate legal processes.
  • The burden of proof under Section 9 places crushing pressure on the accused.
  • Entire families with long-established presence in Assam can be declared “suspects” based on bureaucratic doubts.

Yet her case also demonstrates the power of community support, legal aid, and sustained documentation. It shows that even in a system stacked against the poor, justice is possible when facts are presented clearly and fearlessly.

Conclusion

Hamela’s story is ultimately one of resilience. She lost her land to the river. She lost her livelihood to displacement. The state tried to take her citizenship. But she fought back — through truth, documentation, and sheer courage. The Foreigners Tribunal vindicated her, reaffirming that she belongs to this land as firmly and deeply as her ancestors did.

Her journey — from erosion and poverty to legal recognition and dignity — stands as a reminder that citizenship is not merely a bureaucratic label. For India’s poorest and most vulnerable, it is the foundation of belonging, identity, and survival.

The complete order may be read here.

 

Related:

From Despair to Dignity: How CJP helped Elachan Bibi win back her identity, prove her citizenship

CJP scores big win! Citizenship restored to Mazirun Bewa, a widowed daily wage worker from Assam

CJP Exclusive: Homeland to No Man’s Land! Assam police’s unlawful crackdown on residents still battling for restoration of citizenship rights?

A Long Road to Justice: CJP helps Alijon Bibi reclaim her citizenship after 2-year legal battle

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‘Designed to Exclude’: The ongoing enumeration phase of the SIR https://sabrangindia.in/designed-to-exclude-the-ongoing-enumeration-phase-of-the-sir/ Fri, 28 Nov 2025 04:04:49 +0000 https://sabrangindia.in/?p=44448 In a multi-state report on the hasty and ongoing Special Intensive Revision (SIR) process being conducted by the ECI, the PUCL has, echoing what opposition parties and other civil rights groups been stating, called it ‘designed to excluide’

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The national unit of the People’s Union of Civil Liberties has recently released a report on the multi-state SIR process being undertaken by the Election Commission of India (ECI). This report, that can be accessed here, has reportedly been put together after seeking inputs from activists in the respective states.

The ongoing Special Intensive Revision (SIR) of electoral rolls in the country, says PUCL,  is an exercise that is leading to the disenfranchisement of lakhs of voters. Notably, the SIR in Bihar led to the deletion of almost 65 lakh voters. While lakhs of eligible voters, mostly women, migrant workers, Muslims and Dalits have, according to investigative reports by independent media, been “robbed of their right to vote in Bihar,” now, across several other states, people from across the country have expressed angst and fears of being deleted from electoral rolls.

While the constitutionality of the SIR is a matter pending in the Supreme Court, the Election Commission of India (ECI) has hurriedly ordered for its implementation in nine states and three union territories: Andaman & Nicobar Islands, Chhattisgarh, Goa, Gujarat, Kerala, Lakshadweep, Madhya Pradesh, Puducherry, Rajasthan, Tamil Nadu, Uttar Pradesh and West Bengal. Assembly elections are scheduled for six of these states in 2026. The enlisted Guidelines by the ECI introduced new procedures, which were contrary to the gazetted Rules for Registration of Electors, and set new thresholds for proof of citizenship before being enrolled as voters.

Before the release of the PUCL report too, civil servants and citizens had demanded a “social audit of the ongoing process.”

Outlining the well- known process, the first phase of the SIR, ie, the enumeration phase began on 4th November, 2025 and is scheduled to be completed on December 4, 2025. In the enumeration phase, Booth Level Officers (BLOs) are supposed to visit every household and provide them with a pre-filled enumeration forms containing the name, Election Photo Identity Card (EPIC), also known as Voter ID, address, details of Assembly and Parliamentary constituencies and their photos. Voters then have to fill some details in this form, which will be collected by BLOs, who will give an acknowledgement receipt. The most important part of the enumeration phase is that voters are required to establish a link with the last SIR (2002).

Sabrangindia was among the first to do a detailed comparative analysis of the processes that the ECI has launched. Our reports may be read here, and here. Since then we have also been collating and publishing reports on the acute distress caused by the ongoing process all over the country. These reports may be read here and here.While initially it appeared that West Bengal was worst hit by this inordinate administrative pressure causing distress, across states including Tamil Nadu and Kerala –both opposition ruled—a trail of despair can be seen.

This first phase of submission of documents has been given only one month to be completed, which has imposed a great deal of pressure on BLOs. This has pushed several BLOs into severe health crises, and even forced some to take their own lives. Rinku Tarafdar (aged 52) and Shantimoni Ekka (aged 48) from West Bengal, Mukesh Kumar Jangid (aged 45) from Rajasthan, Arvind Mulji Vadher (aged 40) from Gujarat, Mukesh Chand Jangid (aged 45) and Aneesh George (aged 44) from Kerala are the names of the BLOs who committed suicide. The bereaved families have said to news agencies that it was due to the immense pressure they were facing in implementing the SIR. Several BLOs across the country have been admitted to hospitals due to sudden ill health, heart attacks, suicide attempts and cerebral attacks, which families have attributed to the tight deadlines and extended working hours to collect and upload enumeration forms. An NDTV report (November 25) said that nine BLOs have died in total, by suicide and otherwise, while Rahul Gandhi, Congress MP, claimed on November 24, that 16 BLOs have lost their lives. PUCL is appalled at the apathy of the Union government and the Election Commission of India towards the loss of so many lives, and the working conditions of the BLOs, despite several protests, resignations and letters communicating their exhaustion and the excessive stress they are under.

Ordinary people have also expressed their distress and frustrations with the process of SIR, fearing that they will be deleted from the electoral rolls. Jahir Mal (aged 30), Shyamal Kumar Saha (aged 70), Tarak Saha (aged 52), Bimal Santra (aged 51), Kshitish Majumder (aged 95), Mahul Sheikh (aged 45) and Pradip Kar (aged 57) are the names of people in West Bengal who were forced to take their own lives over fears of being deleted from electoral rolls.

It is following these widely reported instances in independent media and social media that PUCL reached out to activists and organisations in Chhattisgarh, Gujarat, Goa, Madhya Pradesh, Rajasthan, Tamil Nadu and Uttar Pradesh to collate the experiences of the ongoing implementation of SIR, and to document the challenges being faced by people in filling these enumeration forms.

Here is what the PUCL report documents:

1. Chhattisgarh:

At the end of October 2025, PUCL-Chhattisgarh put out a call, inviting everyone to form a new forum, solely for the purpose of addressing SIR-related issues. Consequently, the “SIR Sachetan Matadhikar Bachao Manch (SSMBM)” was formed in Chhattisgarh. In English, the name translates to ‘Forum to Raise Awareness on SIR and Protect the Right to Vote’. Apart from meetings to train volunteers and spread awareness, the Forum also met with the CEO-Chhattisgarh to outline the problems people are facing.

One of the issues in Chhattisgarh is that BLOs are required to visit each voter twice – to distribute the pre-filled enumeration forms, and then to collect them. This phase has been given only 30 days, but on ground, it is being done in a very slow manner. The Forum has also pointed out that given the length and breadth of the state of Chhattisgarh, and the lack of road connectivity with many remote villages in tribal districts, the SIR has been planned in an impractical timeline. However, the Forum has also acknowledged the tremendous burden being unnecessarily put on the BLOs, and have been consistently seeking an extension of time required to complete the SIR exercise.

The Forum pointed out that frequent realignment of polling booths since 2003 makes it very difficult for people to find their names in the correct constituency or polling booth. Further, it is extremely difficult for voters to trace their names and those of their relatives in the 2003 SIR voter list.

The Forum also pointed out that there is inadequate training and a lack of clear instructions to BLOs. Despite the Supreme Court clarifying that Aadhar can be accepted in this phase to verify the identity of the voter, most BLOs in Chhattisgarh have instructions not to accept it as one of the documents establishing validity of the voter. While the Guidelines issued by the Election Commission of India specifically state that no documents are required for the initial phase of filing Enumeration Forms, many BLOs all over the state are asking people for various documents at this stage itself, such as documents showing ownership of property. Not only is this causing a lot of confusion.  It is also discriminatory against those poor and landless people, who may not have such documents.

The Forum pointed out that many BLOs are school teachers, who have been pulled out of their schools for this exercise. This is having a deleterious effect on the school education of children. In Bastar Division, which has one of the highest rates of illiteracy and poor school performance, a total of 3,128 teachers have been employed in the SIR process, leaving many students in the lurch.

Additionally, the SIR exercise is being carried out during the peak of harvest season, where a large population of the state is engaged in the harvest of the paddy crop, which is highly time sensitive. This will be followed by the post-harvest activities of drying, threshing, milling and preparing the crop for sale, which is also bound to the schedule of the state for purchasing the paddy crop. This is the busiest time of the year for farmers, who form the majority of the population of the state. It is inconceivable why this crucial exercise is kept at this time, when most people are hard-pressed to make time for arranging their documents to complete this process.

The Forum has also written to the CEO fearing that a large number of valid voters, including women, will be unable to procure their documents from the limited set of 13 documents indicated in the enumeration form, leading to many unwarranted deletions

Another issue raised by the Forum was regarding the difficulties that people were having in submitting two colour photographs, as required. Many voters are in remote tribal villages, with no photo studios, or any other photo printing facilities. They are having to forgo a day’s wages to go to the nearest town in order to get photographs. In response, the CEO issued an order to all Collectors that day itself, affirming that photos are not mandatory, and if some voter wishes to update his/her photo, the BLO can use the BLO App in his/ her smartphone to directly capture the voter’s photo. This came as a big relief to the voters.

The delegates also showed the CEO some examples of enumeration forms which had wrongly been filled out by the concerned BLO. Taking immediate action on it, the CEO ordered that all forms of the concerned BLO and supervisor to be re-done, re-verified and re-submitted.

2. Gujarat:

Though the SIR was formally announced on October 28 and was scheduled to begin on November 4, enumeration forms were ready in many districts only by the November 10. BLOs therefore do not even have the entire one month for the enumeration phase. This time limit imposed by the ECI is one of the main roots of most of the issues.

Also, there was little to no efforts by the CEO-Gujarat, in ensuring awareness about the SIR process. Wherever the DEO and ERO were proactive, they collaborated with civil society organisations to get help in the enumeration phase.

Various civil society organisations have organized camps and written representations documenting the difficulties faced by people in filling the enumeration forms. In rural areas, BLOs took the support of many local organisations for the distribution of enumeration forms.

Though the Guidelines say that voters must be given duplicate copies of the filled forms, in rural areas and many towns, only a single copy of the form is being given to the voters. Therefore, a large number of people today do not have any copy of their filled SIR form.

One of the biggest issues is that the 2002 list of voters has not been made available in a searchable format. They are shared as PDFs in zip folders with unnamed files. It is therefore a mammoth task for people to go through hundreds of folders to locate their names. Due to a technical ‘font’ issue, the second link that was given by the CEO was not even accessible. People who had voted in 2002 could not trace their names in the list. In cities and towns, BLOs did not even have the 2002 list in hand. In metropolitan cities like Ahmedabad and Surat, after the exercise of delimitation, wards and booths have changed, leading to frustration among people about non-searchable lists of 2002. Also, the provision to fill enumeration forms online did not work because people could not find their names in the 2002 list, and because there were discrepancies in spellings in their Aadhar card.

The Guidelines also state that the digitization of collected enumeration forms must be done in real time. Till November 23, only 37% of the forms were digitized. Shockingly, the CEO announced in a half page advertisement, that people can submit blank forms by signing it and attaching a copy of their Aadhar cards.

Another issue is that BLOs are facing extreme pressure from the EROs, supervisors and political party representatives. Nine of them told PUCL that they were asked to fill the form on behalf of the people who had migrated to another place long ago. They are also facing difficulty collecting the filled forms from people. They are required to work after 6 PM to upload the forms, but many BLOs are not familiar with technology and are facing internet and server issues. Women BLOs are facing several challenges, especially those who are pregnant and are forced to work for long hours, walk long distances in rural areas and climb stairs. BLOs are also facing the brunt of being answerable on issues of governance, as many people are treating them as representatives of the government.

In Gujarat alone, four BLOs have lost their lives, one of whom, committed suicide.

Overall, people are worried that their names will be deleted from the draft electoral rolls, and will have to undergo processes to re-register.

3. Goa –

The seriousness with which Booth Level Officers (BLOs) have been instructed to conduct the ongoing Special Intensive Revision (SIR) in Goa is evident. They have been told that this is a very serious exercise and that there can be serious consequences if anything is found to be wrong. Yet, on the ground, BLOs are visibly under pressure—caught between demands to include certain names and exclude others.

In this cross-fire, exclusionary practices emerge at the very first stage of enumeration. BLOs are found asking for documents that could potentially disqualify individuals. As anticipated, in Goa, some BLOs have been asking people to show their passports, claiming they have instructions to check whether a person may hold a Portuguese passport. This creates a serious problem: many individuals may not possess any passport at all. More fundamentally, it raises the question of whether the ECI has the authority to make determinations about citizenship based on information gathered by BLOs, without due process, and without the Government addressing the long-standing demand of Goans for special status through dual citizenship, in view of their belated entry into the Indian Constitutional framework. This issue is compounded by the specific circumstances under which Goans are enabled Portuguese citizenship notwithstanding their Indian citizenship, and by recent developments in Portuguese law, where registration of birth in Portugal is assumed to confer Portuguese citizenship.

Another difficulty faced by the public is the reliance on the 2002 electoral rolls as the reference point for the SIR in Goa. With part numbers having changed, many people are struggling to locate their names and details in those rolls. BLOs, by and large, are being helpful, but individuals should be empowered to check and be satisfied independently. The official website, however, is not user-friendly.

Booth Level Agents (BLAs) are permitted to accompany BLOs to ensure that the latter are not compromised by MLAs or ruling party politicians in the area. Yet, two practical issues arise: synchronizing the timings of BLOs with BLAs, and the tight timeframes within which the exercise must be completed. Moreover, the ruling or dominant party usually has the resources to engage BLAs across all booths, while representatives of other parties often lack such capacity.

If BLOs are to resist pressure, a transparent and consistent system is required—one that demonstrates clearly that each BLO has indeed covered all households.

The seriousness of the authorities is further reflected in the indicative list of documents provided with the SIR form in Goa. At point 13, it refers to the “Electoral roll of Bihar SIR with reference to 01.07.2025.” This raises questions. Migrant workers from Bihar, who form a significant part of Goa’s labour force in garbage collection, manual work, and construction, certainly wish to register their names in the electoral rolls of their constituencies in Bihar. Yet it remains unclear whether they have been able to do so in the recent SIR, and how this is going to play out in terms of their inclusion or exclusion in the Goa SIR.

4. Madhya Pradesh:

Seasonal Migration: Families missing during enumeration

The SIR survey is being conducted during peak migration season (November to March). Thousands of Adivasi families migrate to Gujarat, Maharashtra and other states for work. Many work in conditions close to bonded labour, making communication with them nearly impossible. Because entire families are away, they are likely to be marked as “absent” or “shifted” even though they are alive and eligible. Elderly relatives who remain in the village cannot handle the complex paperwork involved in SIR.

  • Women likely to be excluded due to design of the process

Women who married after 2003 do not have their own names in the 2003 voter list. Unless BLOs trace the names of their parents or grandparents, these women cannot be mapped to 2003 records and will be excluded. The problem is even more serious in southern Madhya Pradesh because many women come from Maharashtra. BLOs are unable to access Maharashtra records, especially since SIR is not being implemented there as of now. This will result in a large number of women being left out of the voter list.

  • Lack of documents due to historical displacement

Adivasi families already struggle to access education, ration, social security and healthcare due to Aadhaar-linked requirements. Frequent eviction, insecure forest and land rights and displacement mean documents often get lost or are never issued. The SIR process assumes that every family has secured long-term documentation, which is not the reality in tribal areas.

  • Low literacy and absence of the educated youth

Most literate youth migrate for employment, leaving elderly and women behind. Low literacy levels prevent people from verifying whether the BLO recorded their details correctly, following up on notices or checking names in the draft list. This increases the chances that incorrect deletions will go unchallenged.

  • Name mismatch problems

Adivasi names often differ in different documents. Spellings vary, surnames may not exist and even fathers’ names vary within the same family. A simple search failure by the BLO results in “name not found” which leads to exclusion from the list.

  • Document requirements stricter than Form-6

Form-6 allows Aadhaar, PAN, bank passbook or driving licence as identity and address proof. The SIR demands stricter rules for continuing on the voter list than for becoming a new voter. This makes it harder for existing voters to retain their names on the list than for new names to be added.

  • Digital barriers

Draft rolls and forms are online. Internet connectivity and smartphones are scarce in Adivasi regions. The 2003 electoral rolls are English-language PDF scans that require exact spellings to search. People are forced to depend on cyber-cafés or political intermediaries, creating space for exploitation and bribery.

  • Survey will not reach all households

In inaccessible forest belts, scattered hamlets and remote areas, BLOs are unlikely to reach 100% of the households. Anyone who is not physically located will be marked “absent”, “shifted” or “dead” regardless of whether they are entitled to vote.

  • BLOs are overburdened

BLOs are Anganwadi workers, teachers and revenue staff who already have full-time duties. They do not have the time to carry out thorough house-to-house voter surveys. This leads to incomplete and rushed enumeration.

  • Institutional failures worsening the situation

Enumeration forms were supplied a week late in many parts of western MP, which wasted one quarter of the total enumeration time. BLOs were not provided Form-6 or Form-8 making additions and corrections impossible. Essential public services like Anganwadi nutrition, schooling and revenue work are suffering because staff have been shifted to SIR work.

5. Rajasthan:

Rajasthan has 52,490 booths, with an average of 1000 to 1200 voters per booth. Although in the city it goes up to even 1400 voters per booth. As of October 27, 2025, the day SIR was declared for our state, the total number of electors were 5.48 crores. So this humungous exercise had to be carried out at crash course speed in 30 days, one month.

Rajasthan had begun a certain preparation a while ago and in the month of August – September, BLOs were trained on the basis of the Bihar SIR orders. Later day-long SIR refresher sessions for BLOs were organised to clarify the changes from the Bihar orders, after October 27. Some of the most important changes were listed, that no document would be required to be collected in the enumeration phase. The 2002 voter linkage was not just of one’s own, but of any parent and the term guardian was introduced. Only the entries of the 2002 linkage had to be added and that new voters could fill Form 6 along with the process of Form 4 filling. It also stated that Aadhar could be used, as a document for identity, along with 2025 Bihar SIR as the reference for the Bihari origin people who were living in Jaipur. The 13 documents were mentioned in the guidebook for BLOs.

The CEO Rajasthan also announced that they had already undertaken the mapping exercise and that 71 % voters already had legacy established. About 15 to 20 percent of the voters would have legacy in other states and that it was the duty of the BLO and BLA to help the voter access their progeny in other states. It was also emphasised that married women would have to trace their legacy to their parents and not their marital homes. And that all the state voters list of 2002 was on the ECI website and that very easily it could be accessed. Those voters who were unable to fill the form themselves could use the online option of filling Form 4. Although it was also cautioned that when there was a difference in name and spellings between the Aadhar document and the EPIC number then it was better to give a hard copy as the online form would not accept the document.

The PUCL sub-report for the state that while these outlines seemed do-able on paper when the process actually started several issues emerged that are to date, unresolved.

The first breakdown that the PUCL team experienced was of the ECI portal. It would just not open. Leave alone accessing the 2002 voters list of various states. If it did by chance open on your computer, it was very difficult to open it on the mobile. This problem continued for almost ten days to two weeks. But it is smoothened out to some extent, yet very slow, when sitting on booths and trying to open other state lists to identify the 2002 legacy.

The other set of issues were more serious. An informal network of local groups working on SIR in Rajasthan and decided to hold regular zoom meetings and resolve issues in less than 24 hours if they came. A team of 10 people was constituted who were to respond ASAP to the problems.

The PUCL volunteers also worked with the de-notified and nomadic and semi-nomadic tribes within Jaipur’s walled city, single / abandoned and runaway women/ migrant workers colony, Muslim dominated areas, we also had massive complaints from the South of Rajasthan of Adivasi women, workers of all kinds, including industrial and informal sector workers and especially with the issues of out-migrants and in-migrants who were voters in Rajasthan.

Regular representations were sent to the CEO and individual Collectors and telephonic contact maintained with other officials. Little changes were seen on the ground however.

The engagement showed how the design of this process was to exclude and not include. It was contrary to all earlier exercises. Even the booth level workers were in agreement that it was an exercise of disenfranchising the poor, the migrant, the Dalit, the transgender people, the DNT, NT & SNTs, the Adivasis, women across the board. It was not just the poor that felt disempowered but also the powerful. Conversations with several retd. IAS officers led to realising how this exercise was a criminal exercise, impossible for many of them, because of the 2002 EPIC number entry. Someone’s daughter in law was suffering, some of them were suffering as they did not remember the booth they voted from in 2002, due to different postings.

Some of the key issues that have emerged from the engagement of the last 20 days are as follows.

  1. Many Women in South Rajasthan, in particular in Dungarpur and Kotra, Udaipur district, have natal homes in Gujarat, Madhya Pradesh and Maharashtra, were unable to find their progeny details of 2002 as they had no idea what the booths of their parents were. They had lost contact with their natal homes and therefore were finding it difficult to establish the 2002 entries required.
  2. The names of the women in these regions change after marriage and therefore it was difficult to establish that they were the same person in 2002, if they were voters in 2002 on the basis of their maiden name. This would be a case like in Bihar, where SIR ended up changing the gender ratio in the electoral roles, affecting women adversely.
  3. Married women everywhere were at a losing end, leaving the booth disappointed. Despite having a voter ID of their home state, of 2002, they were not able to access it to give it to the BLO. Most BLOs made it clear that unless they get details from E-mitra of 2002, they will not waste any time.
  4. Runaway women, sex workers, abandoned women, orphans were at a complete loss. How do they establish their legacy? Even if over the years they had established themselves with cards, like a voter ID, Aadhar, PAN card, it seemed meaningless as they had no clue of their 2002 data, many of them wept that not only would they lose out, but their children would also not be accepted in SIR, as their legacy would not be established. The state refused to accept that people live in rented accommodation and had moved on to newer housing, without knowing their booth or constituency.
  5. SIR was not accessible to migrants and labourers. With the data of 46.26 % Households in Rajasthan, at least one member migrated for work, which rises to 56.6 % in Southern Rajasthan, in the districts of Banswara, Dungarpur, Pratapgarh, Rajsamand, Sirohi, Udaipur who migrate to Gujarat, Maharashtra and Madhya Pradesh to work. Similarly all the big cities host a lot of migrant population from outside the state. The demands were clear that migrants leave soon after Diwali and change their SIM numbers in these states and are inaccessible. They would not return within the window of SIR and would be excluded. Even if there are members left behind, they too were struggling with the 2002 progeny mapping. The lists were not machine readable and therefore mostly inaccessible, the online voter ID and Aadhar linkage due to its own attendant issues of internet and different names, seemed out of the pale. Despite urging that camps be organised, except for one district, no other district organised camps for migrants. Both the industrial workers and unorganised sector workers said that they would not care to waste their time to fill the SIR form unless their jobs were assured as employers refused to give them time off. They would require at least two days to deal with the details of form 4.
  6. The DNT, NTs, SNts and Homeless faced the most peculiar issues. They had no documents to establish that they even belonged here. Most had no legacy, since their parents had no cards in 2002. If at all they did make their cards, they found it deleted. Many had Aadhar cards, and we were telling them to fill form 6, but strangely, the form had a section asking for the 2002 entries of their parents/relatives. And if you were above 40 years old, the BLOs refused to accept their form 6, claiming that it was impossible that they had no card till now. The majority of course had no card, neither election card nor an Aadhar, as getting an age declaration was the toughest. Authorities refused to accept their age affidavits, despite all formalities, secondly, many were just squatters. Despite the 2013 order for homeless people, where the BLO had to spend two nights in a Basti to assess whether the person stayed there to establish residence, the people were without any documents.
  7. People living in the walled city were surprised to find that though they had never changed residence, (or even if they did, it was their parental home) they found their names deleted from the 2025 lists. And received no Form 4. They were extremely upset that they had to fill form 6 and become a new voter. We met many Hindus and Muslims who had lost their right to vote, despite having voted in 2023 state elections and 2024 Lok Sabha elections, the majority were Muslims though.
  8. One of the worst situations was of the BLOs. Most importantly, the people were not returning filled in forms. It was clear that they needed assistance, which is where PUCL volunteers stepped in. The entire paraphernalia of BLOs, Supervisor, AEROs would sit with our volunteers and interns and would collect the forms. The team states that they helped fill 300 to 400 forms in the camps that were organised. Through this process, the BLOs spoke of their stress. The husband of a BLO shared that she had a massive heart attack due to the stressful work and was admitted in the ICU. Although the election department had replaced her with two women teachers, they were nervous and did not know what to do. On the day of the heart attack more than 300 forms were to be still distributed. In the camp that was held in that area, the team managed to fill 200 forms. But 100 were to be distributed. They were all tense. Her total count was of 1400 forms, only 700 had returned.In another shocking instance, the SDM of Ramganjmandi tehsil, Kota District, sent the police to the residence of a BLO, who abducted him and took him to the SDM. He was questioned as to why he should not be removed. Another BLO added that the publishing of data about the number of forms that have been uploaded is causing an unnecessary competition between states and districts, and is leading to the BLOs facing additional pressure from their EROs. A Teachers’ Union representative shared that teachers have been made to suffer like never before.
  9. Suicide and Deaths of 3 BLOs, did result in technical teams being set up to assist the BLOs, but the timeline of 30 days, is taking a major toll on the people’s health and also their relationships. Cases of Domestic violence, where women are not returning home till late, neglecting their children are galore.

With the 30 day pressure of finishing the enumeration and the overwhelming progeny mapping push, SIR is an exercise to delete and not include.

6. Tamil Nadu:

Firstly, the Tamil translation of the enumeration forms has left people in confusion, and many voters have left some portions blank, including ‘Details of Relative’. Secondly, it has been a massive challenge to locate the old voter lists and booth details of 2002 and 2005. People are unable to recollect the exact details of the booths from so many years ago, leading to incorrect entries, risking deletion of many voters.

Thirdly, BLOs have not received enough training. Tamil Nadu’s Federation of Associations of Revenue Employees went on a one day strike demanding the halting of SIR, because the BLOs have not been trained sufficiently. Fourthly, the uploading of Enumeration forms online is challenging for those who are not comfortable with technology. Even a technically sound person needs to spend at least half a day for the same.

Fifthly, despite almost reaching the end of the enumeration phase, forms are yet to reach all localities especially of Dalit, tribal and minority communities in rural areas. It may be estimated that at least 40% of the people are yet to receive their forms. Six, awareness campaigns and knowledge about the consequences of SIR are only being done in limited areas by some political parties and social organisations. There is insufficient advertising and awareness campaigns being run in the state, which may lead to a large number of unfair deletions.

7. Uttar Pradesh:

In UP, lakhs have not received the enrollment forms yet. This is extremely worrying as the 30-day phase for enumeration is almost coming to an end. Off the record, BLOs have shared that they do not know how to reach migrant workers. 30-40% of the people of the state migrate to other cities. In some villages, almost 70% of the people migrate outside. BLOs do not know how to reach voters who are not available in their homes. They have also shared off the record, that in a state like Uttar Pradesh, no BLO has the courage to complain and that the enumeration forms were provided much later than the start date (4th November). BLOs are therefore forced to complete the process in a haste.

Another issue is that residents who were on the 2002 list have shifted homes, and are not receiving the enumeration forms in their old place of residence or new. Many have reported that BLOs in their old addresses have marked them as ‘shifted out’, and BLOs in their new addresses do not have their names in their lists. For instance, a big settlement with Muslim residents was demolished, and had even approached the Supreme Court to fight for relief. They have not received their forms in their new place of residence.

A common issue faced by the people is that there are hundreds of mistakes in the spellings of their names and date of birth in their Aadhar Cards, leading to problems in verification for enumeration. Additionally, there are many people without Aadhar cards, especially disabled persons in rural areas. Many married women do not have EPIC Numbers or information about their parents, and are unable to establish their genealogy in the forms. In rural areas, we fear that there will be hundreds of mistakes in the family register being maintained by the Secretary, which will lead to several voters being marked as ‘doubtful voters’.

Another issue is that people are not being given acknowledgement receipts or the duplicate copies of the filled enumeration forms.

Finally, there is a rise of many middle-men, who are charging money to fill forms for marginalized and poor communities, who cannot do it themselves. Even BLOs are sending others to distribute and collect forms as they are unable to cope with the tight timelines.

While BLOs are picking up phones to guide or collect the forms, there is a lot of panic and confusion, especially among poor and Muslim communities, who are recalling the repression they faced during the CAA-NRC time.

(This is a report made public by the PUCL National Team:

Inputs by Shalini Gera, PUCL Chhattisgarh

Inputs by Pankti Jog, PUCL Gujarat

Inputs by Madhuri, PUCL

Inputs by S. Balamurugan, PUCL TN & Puducherry

Inputs by Albertina Almeida, NAJAR in Goa

Arundhati Dhuru, NAJAR

Inputs by Kavita Srivastava, PUCL National President and Mamta Jaitly, Vice President of PUCL Rajasthan


Related:

The Deadly Deadline: “I Can’t Do This Anymore”—India’s electoral revision turns into a graveyard for BLOs/teachers

SIR exercise leaves trail of suicide across states as BLOs buckle under pressure and citizens panic over citizenship

Pregnant woman deported despite parents on 2002 SIR rolls, another homemaker commits suicide

The post ‘Designed to Exclude’: The ongoing enumeration phase of the SIR appeared first on SabrangIndia.

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The Deadly Deadline: “I Can’t Do This Anymore”—India’s electoral revision turns into a graveyard for BLOs/teachers https://sabrangindia.in/the-deadly-deadline-i-cant-do-this-anymore-indias-electoral-revision-turns-into-a-graveyard-for-blos-teachers/ Wed, 26 Nov 2025 09:52:12 +0000 https://sabrangindia.in/?p=44442 From consuming poison in Uttar Pradesh to hanging in West Bengal, the ‘Deadly Deadline’ of the Special Intensive Revision (SIR) triggers a suicide wave among teachers and Anganwadi workers, employees’ unions cry 'institutional murder' while families mourn loved ones broken by state pressure

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The Special Intensive Revision (SIR) of electoral rolls, currently underway across 12 states and Union Territories, is causing immense pressure and hardship for the administrative personnel tasked with its execution. Started as a specific distress signal from Booth Level Officers (BLOs) in the West Bengal has rapidly escalated into a nationwide humanitarian crisis for these foot soldiers of the electoral process. Essentially, the demanding nature and workload of the SIR are figuratively “grinding” the BLOs into dust, highlighting a severe and growing administrative issue.

The Special Intensive Revision (SIR) of electoral rolls—a mandated verification drive by the Election Commission of India (ECI)—has left a trail of devastation across the states, turning the routine bureaucratic exercise of updating voter lists into a lethal trap for civil servants.

While the Election Commission insists the drive is necessary to “purify” voter lists and ensure the integrity of the electoral process, the teachers, Anganwadi workers, and clerical staff forced to execute the order on the ground are collapsing. They are buckling under what they describe as “inhuman” pressure, squeezed between an unforgiving digital system, aggressive supervisors, and an impoverished public. From suicide notes addressed to orphaned children in Tamil Nadu to teachers collapsing in classrooms in Gujarat, the narrative is no longer about updating rolls; it is about the ultimate cost of a vote.

The tragedy is not just in the statistics, though the rising frequency of suicides is terrifying; it is in the methodology of the despair. In less than three weeks, a harrowing pattern has emerged, a deadline is set, a threat of suspension is issued, a worker begs for relief, the relief is denied, and a family is left to mourn. The “Deadly Deadline” has become a silent killer, stalking the corridors of government schools and block offices across the nation.

Gujarat

On Friday, November 21, 2025, a government teacher in Gujarat named Arvind committed suicide in Gir Somnath. He was serving as a Booth Level Officer (BLO) for the Special Intensive Revision (SIR) of electoral rolls. His death immediately highlighted the severe pressure faced by the teaching community. The extreme workload to meet enumeration targets had become overwhelming. Arvind did not die silently, leaving a brief suicide note that explained his final act. The note, as reported by the New Indian Express, carried the harrowing message: “I can’t do this SIR work anymore…”

This single sentence stripped away the bureaucratic jargon of “efficiency” and “targets,” exposing the human fragility underneath.

The crisis in Vadodara further highlighted that this “deadly deadline” causes not just psychological snaps, but physical collapse. On November 22, Ushaben, an Assistant BLO and ITI employee, died while on duty at a school.

According to The Wire Hindi, Ushaben collapsed and died on the spot. The tragedy is compounded by the fact that her family had already raised red flags about her health. Her husband, Indra Singh Solanki, stated that the family had “already warned officials” about her deteriorating health, pleading for her exemption. Yet, the machine required a cog, and she was deployed for SIR duty regardless.

“Ushaben was deployed on BLO duty despite poor health,” the family had alerted the authorities

A pall of concern has descended following the suspicious death of yet another Booth Level Officer (BLO), Dinkal, a 26-year-old technical assistant with the Surat Municipal Corporation. Dinkal was discovered unconscious in her bathroom and, despite efforts to save her, was later pronounced dead at a private hospital.

These incidents raise serious questions about the lack of medical consideration for the staff forced into these high-intensity field roles, where they must walk kilometres in the heat, face hostile voters, and then return home to perform hours of data entry.

West Bengal

The West Bengal continues to see the highest concentration of fatalities. The death toll among BLOs in the state continues to climb, with new incidents reported in the Nadia district, bringing the total in the state to five within this short window.

On November 19, a 48-year-old Anganwadi worker, Shantimoni Ekka was found hanging in the courtyard of her home. Her death revealed the systemic cruelty of the process; she was a Hindi speaker in a Bengali administrative zone, tasked with processing complex legal forms she could not understand.

Similarly, on November 21, Rinku Tarafdar, a para-teacher assigned to BLO duty, allegedly died by suicide due to similar work pressure. The gravity of the situation forced the Election Commission to seek a report from the District Magistrate regarding her death. In the Chapra constituency, a 52-year-old BLO was found dead, with The Hindu reporting her family’s assertion that she was “under immense mental duress regarding the filing of enumeration forms.”

The relentless accumulation of bodies has turned the SIR exercise into a political flashpoint in Bengal. The ruling Trinamool Congress (TMC) has lashed out at the Election Commission, describing the deaths as a result of “inhuman workload,” echoing the sentiment of workers who feel they are “left with no choice but death.”

Mamata Banerjee, Chief Minister of West Bengal, expressed on ‘X’ (formerly Twitter) that “Profoundly shocked to know of the death of yet another BLO, a lady para- teacher, who has committed suicide at Krishnanagar today. BLO of part number 201 of AC 82 Chapra, Smt. Rinku Tarafdar, has blamed ECI in her suicide note (copy is attached herewith) before committing suicide at her residence today.

How many more lives will be lost?

How many more need to die for this SIR?

How many more dead bodies shall we see for this process? This has become truly alarming now!!”

Uttar Pradesh

In Gonda, the deadline claimed the life of Vipin Yadav, a dedicated teacher and BLO. The timeline of his death is a testament to the inescapable nature of the pressure. On a recent Tuesday morning, at around 7:30 am—a time when most are preparing for the day—Yadav fell critically ill after reportedly consuming a poisonous substance. Local medical facilities were helpless against the toxicity, prompting a desperate rush to Lucknow’s King George’s Medical University (KGMU) Trauma Centre.

By 3:15 pm, as confirmed by the sub-divisional magistrate (SDM) of Gonda Sadar, Yadav was dead.

Similarly. In Fatehpur, where the administrative machinery showed a complete lack of humanity. Sudhir Kumar Kori, a 25-year-old revenue clerk (lekhpal), committed suicide just one day before his scheduled wedding.

Sudhir was young, employed, and about to start a new chapter of his life with Kajal, a resident of a nearby village. The Haldi and Mehendi ceremonies had already begun; relatives had gathered, and the house was filled with the sounds of celebration. However, hanging over Sudhir was the shadow of the SIR campaign. He had been assigned as a supervisor for the Jahanabad Assembly constituency.

According to his shattered family, Sudhir had been repeatedly requesting leave for his own wedding. It is a request that, in any humane system, would be granted automatically. Instead, the kanungo (revenue inspector) allegedly refused to approve it. Worse, the refusal came with a threat. He was reportedly threatened with suspension for prioritising his marriage over the election commission’s targets, and eventually, he was suspended on Monday.

Caught between the shame of suspension and the pressure of his duties, Sudhir took his own life. The festivities turned into a funeral. While the district administration has promised a “thorough investigation,” for Sudhir’s family, the inquiry is meaningless. The timeline of the SIR drive did not just claim a worker, it destroyed two families before a marriage could even be solemnised.

In Allahabad (Prayagraj) district, Booth-Level Officers (BLOs) are actively refusing or avoiding their duties for the ongoing Special Intensive Revision (SIR) of voter lists, despite facing penalties like salary cuts and an FIR.

The refusal stems from public anger and resistance against accepting the SIR forms, particularly in rural areas like Phaphamau, where BLOs, often local residents, feel vulnerable. Unlike voters in other regions, voters in Uttar Pradesh reportedly do not fear being delisted and believe they can bypass the exercise, with some also being listed at multiple polling booths.

The resistance is significantly impacting the SIR work, with only 1.5 lakh of the 46.92 lakh voters covered so far, making it unlikely to meet the December 9 target. Authorities have taken action against several BLOs and supervisors for non-compliance, but the officers maintain that the extra work is causing severe stress and public backlash, as the Observer Post reported

Tamil Nadu

In the southern state of Tamil Nadu, the distress has permeated the Anganwadi sector, where workers—already chronically underpaid and overworked—are being drafted for SIR duties. These women, who are responsible for the health and nutrition of the state’s poorest children, are now being broken by the election machinery.

On November 18, Chitra, a 59-year-old anganwadi worker and Booth Level Officer (BLO) in Kumbakonam, Thanjavur, attempted suicide. Fellow workers stated that Chitra, a widow, had consumed pills after being subjected to “immense pressure” and allegedly threatened with suspension by superiors if she failed to digitally upload a large number of SIR entries by a stringent deadline. Her colleagues, who staged a protest demanding action against the officials responsible, claimed that age-related struggles and the stress of unreasonable targets had pushed her to the extreme step.

Chitra was rushed to a government hospital and is reported to be stable, but the incident drew immediate attention to the mental toll the rushed SIR process is taking on frontline employees.

In a similar incident, on November 20, a Booth-Level Officer (BLO) named Jahitha Begum in Kallakurichi district tragically died by suicide due to an alleged excessive workload and pressure related to the Special Intensive Revision (SIR) of electoral rolls.

According to the Times of India, her husband, Mubarak, and colleagues stated that she was being pressurised by senior officials and political party representatives to expedite the work. Mubarak recounted that his wife, who had a target of 800 SIR forms, was struggling due to poor internet connectivity at the Tirukoilur centre, managing to digitise only 35 forms and collect 80 filled-in forms. After returning home, she reportedly committed suicide by hanging herself.

Her colleagues corroborated the stress, stating that officials were forcing them to collect the filled-in forms from electors within a single day after distribution. The Tirukoilur police have registered a case of suspicious death and are currently investigating the matter, including the husband’s statement.

Collateral damage: the citizen’s panic

The deadly deadline affects not only those holding the pen but those whose names are on the list. In West Bengal, the SIR exercise—which involves verifying old records—has inadvertently triggered deep-seated trauma related to the National Register of Citizens (NRC).

In North 24 Parganas, this fear nearly killed Ashok Sardar. The 63-year-old rickshaw puller threw himself onto railway tracks, resulting in the amputation of a limb. His crime? He could not find his name in the 2002 voter list.

“For days, father kept saying he had no documents,” his daughter Chaitali explained. “He feared he might be thrown out of the country.” The bureaucratic rigor demanded of the BLOs translates into terror for the poor, creating a feedback loop of anxiety that is claiming lives on both sides of the clipboard.

A systemic failure: the “Bihar Model” goes wrong

The root of this crisis seems to be the imposition of the “Bihar Model” of SIR onto other states without considering local realities. Officials claimed the model was a success in Bihar, but its replication is proving lethal across the diverse administrative landscapes of the rest of India. The exercise, which traditionally spans months, has been compressed into a tight window, ignoring the logistical nightmares of different topographies and languages.

West Bengal Chief Minister Mamata Banerjee, in a letter to the Chief Election Commissioner on November 24, noted that the process suffers from “critical gaps in training, lack of clarity on mandatory documentation and the near-impossibility of meeting voters in the midst of their livelihood schedules.”

The system assumes a level of digitisation and manpower that simply does not exist on the ground. It relies on the unpaid labour of Anganwadi workers and the coerced labour of teachers, assuming their resilience is infinite. The last three weeks have proven it is not. The digital infrastructure, meant to streamline the process, has instead become a bottleneck, with servers crashing and data vanishing, forcing BLOs to redo work they have already completed, often late into the night.

SIR is no reform; it’s an imposed tyranny: Rahul Gandhi

The mounting death toll has drawn sharp criticism from the highest echelons of the opposition. Leader of the Opposition in the Lok Sabha, Rahul Gandhi, termed the SIR exercise an “imposed oppression.” In a statement, Gandhi slammed the Centre and the Election Commission, alleging that the chaotic implementation of SIR is a “conspiracy to sacrifice democracy” at the cost of civil servants’ lives.

“SIR is an ‘imposed oppression’… causing chaos in the country,” Gandhi stated.

Despite these high-profile interventions, the grinding pace of the SIR continues. The Election Commission maintains its deadline. The supervisors continue to issue threats of suspension. In addition, in the homes of Shantimoni Ekka, Mukesh Jangid, Aneesh George, Arvind, Ushaben, Vipin Yadav, and Sudhir Kumar Kori, there is only silence.

The “Deadly Deadline” remains in place, and millions of government employees remain caught between a directive from ECI and the limits of human endurance, wondering who among them will be next to fall. The SIR drive, as ECI claims intended to strengthen the foundation of Indian democracy, is currently being built on the broken backs of the very people tasked with upholding it.

Related:

SIR exercise leaves trail of suicide across states as BLOs buckle under pressure and citizens panic over citizenship

Haunted by NRC fears, 57-year-old West Bengal man dies by suicide; Mamata blames BJP for turning democracy into a “theatre of fear”

Pregnant woman deported despite parents on 2002 SIR rolls, another homemaker commits suicide

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Draft Seeds Bill must be withdrawn: SKM, AIKS https://sabrangindia.in/draft-seeds-bill-must-be-withdrawn-skm-aiks/ Thu, 20 Nov 2025 12:27:51 +0000 https://sabrangindia.in/?p=44405 SKM leaders say the draft seed Bill surrendered the seed sovereignty of India and it is aimed at predatory pricing by corporate monopolies

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Farmers organisations across the country including the Samyukt Kisan Morcha (SKM), an umbrella organisation of various farmers’ organisations, has asked the Centre to withdraw the draft Seeds Bill forthwith stating that it surrenders seed sovereignty of India and will affect farmers directly. The All India Kisan Sabha (AIKS), the CPI-M’s farmer organisation has also issued a strong statement against the proposed law. Speaking to the media on November 19, in New Delhi, SKM leaders said they had also decided to launch a campaign for increasing share to the States from the divisive pool to end the alleged imbalance in distribution of revenues.

In its scathing critique, the AIKS has said that the Draft Seeds Bill 2025 is poised to increase the cost of cultivation by allowing corporates to indulge in unchecked pricing of seeds; besides the all-India farmers organisation said that bringing in this law is a move to corporatise India’s seed sector and concede seed sovereignty

Elaborating further, SKM leaders said the draft Seed Bill surrendered the seed sovereignty of India and it was aimed at predatory pricing by the corporate monopolies. They have asked that the Centre should withdraw the Bill. The SKM also warned against “conceding on harmful clauses” in the summit to be held in Lima, Peru from November 24 to 29 on the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA).

Federalism, Federal rights

The campaign pitch to be launched will be all-encompassing. The leaders said the SKM would launch a national campaign with the slogan of “Strong States for Strong India” to safeguard the federal rights of States demanding increase of State share in the divisive pool (including cess and surcharge) from the current 31% to 60%. The SKM would also demand that the Goods and Services Tax Act must be amended to reinstate taxation power of States. “Financial autonomy of the States is necessary to realise minimum support price and minimum wage through augmenting public investment to modernise agriculture, build agro-industries and share the surplus out of processing, value addition and trade on all crops, thus to end agrarian crisis, peasant suicides and distress migration,” the SKM said.

The leaders said November 26, 2025 marked the fifth year of the beginning of the farmers’ struggle on the Delhi borders. “Sacrificing the lives of 736 martyrs, the protracted struggle of 380 days forced the BJP-led NDA union government to repeal the three pro-corporate and anti-people farm laws. Though five years have passed, Prime Minister Narendra Modi just formed a committee, but yet to implement the written assurances on MSP at the rate of C2+50% (as per M.S. Swaminathan Committee report), debt relief and privatisation of electricity given to SKM on December 9, 2021,” they said. The SKM would organise meetings, rallies and conventions to support its demands on November 26.

The All India Kisan Sabha (AIKS) in its condemnation of the proposed law has termed it “anti-farmer and part of the larger political project of the RSS-BJP to dispossess the small farmers and surrender India’s seed sovereignty to a handful of multinational and domestic monopolies.”

AIKS has also pointed out in a statement issued by office bearers Ashok Dhawale and Vijoo Krishnan that the RSS-BJP-led NDA government is pushing this extremely pro-corporate bill at a time when the agrarian crisis is deepening in India. Several scientific studies have established that the increasing corporate control on agriculture would intensify the agrarian crisis and farm suicides. The draft Bill has the necessary ingredients to accelerate the squeezing and looting of Indian farmers. For instance, this law would create a conducive atmosphere for monopolies to indulge in an unchecked pricing of seeds.

Besides, expanding its criticism further the AIKS ha stated that any new legislation regarding seeds — such as the draft Seeds Bill 2025 — must actively complement, not conflict with, the progressive legal safeguards already established under the PPVFR (Protection of Plant Varieties and Farmers Right) Act 2001, and India’s international commitments under the CBD (Convention on Biological Diversity) and the ITPGRFA (International Treaty on Plant Genetic Resources for Food and Agriculture). These national and international commitments collectively uphold national sovereignty over genetic resources and protect indigenous varieties. They thus recognize farmers as breeders, conservers and rightful custodians of biodiversity with guaranteed rights to save, use, exchange and sell seeds.

In contrast, the draft Seeds Bill 2025 introduces a heavily centralised (and corporatized) regulatory system that risks weakening farmer-centred protection and diluting India’s legal architecture for biodiversity conservation and farmers’ rights. The draft appears to favour market control and stringent formalization of seed systems, potentially marginalizing indigenous varieties, public institutions and national/international seed networks. To be precise, the new draft of the Seeds Bill 2025 deviates India’s regulatory architecture on seeds substantially away from the provisions of the PPVFR Act 2001 and actively shifts the balance in the seed sector in favour of big corporate players.

The weeks and months ahead are likely to see campaigns and agitations against this draft law build up nationally.

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