sabrangindia | SabrangIndia https://sabrangindia.in/content-author/sabrangindia-14-19466/ News Related to Human Rights Wed, 20 Nov 2024 06:32:51 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png sabrangindia | SabrangIndia https://sabrangindia.in/content-author/sabrangindia-14-19466/ 32 32 Rajasthan HC finds no caste intent in words like ‘Bhangi’, ‘Neech’, ‘Bhikhari’, ‘Mangani’, drops SC/ST Act charges https://sabrangindia.in/rajasthan-hc-finds-no-caste-intent-in-words-like-bhangi-neech-bhikhari-mangani-drops-sc-st-act-charges/ Wed, 20 Nov 2024 06:32:51 +0000 https://sabrangindia.in/?p=38846 Absence of ‘public view’ and caste intent cited as reasons for dismissal of SC/ST charges by Rajasthan High Court in 2011 encroachment dispute, raising concerns over dilution of SC/ST Act’s purpose

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In a contentious judgment, the Jodhpur Bench of the Rajasthan High Court discharged four individuals accused under the Schedule Caste/Schedule Tribe (Prevention of Atrocities) Act, 1989, for allegedly using derogatory terms with casteist undertones during a confrontation with public officials. Justice Birendra Kumar, in a judgment delivered on November 12, 2024, stated that the words used—”Bhangi,” “Neech,” “Bhikhari,” and “Mangani“—were not caste-specific, and there was no evidence the accused knew the caste of the complainants. While the court allowed criminal prosecution for obstructing public servants under Sections 353 and 332 of the Indian Penal Code to proceed, its interpretation of the SC/ST Act raises critical questions about justice for caste-based discrimination.  

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

The incident and the court’s findings  

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

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

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

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

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

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

The role of intent and context in caste-based abuse  

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

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

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

Narrow interpretation of “Public View”  

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

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

The problematic role of police investigations  

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

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

Implications for the SC/ST Act  

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

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

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

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

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

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

The complete judgment can be read here:

 

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Building a resilient future for farmers: MVA’s vision for agricultural reform https://sabrangindia.in/building-a-resilient-future-for-farmers-mvas-vision-for-agricultural-reform/ Mon, 18 Nov 2024 13:14:56 +0000 https://sabrangindia.in/?p=38836 MVA manifesto promises fair prices, improved infrastructure, and lasting solutions to tackle the challenges faced by Maharashtra’s farmers

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The Maha Vikas Aghadi (MVA) manifesto for the upcoming Maharashtra elections addresses a pressing concern that resonates deeply with the state’s farming community: the growing economic distress in agriculture. Maharashtra, home to one of India’s largest agricultural populations, has witnessed its farmers struggle with erratic weather, rising debt, fluctuating crop prices, and limited access to critical resources. The promises made by the MVA go beyond political rhetoric, offering a comprehensive understanding of the challenges farmers face and providing both immediate relief and sustainable solutions.

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

Immediate relief for farmers: Debt waiver and loan repayment incentives

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

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

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

Support for families affected by farmer suicides

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

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

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

Minimum support prices and crop insurance reforms

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

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

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

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

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

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

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

Milk prices and horticultural support: Securing livelihoods

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

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

Infrastructure development: Connecting farmers to markets

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

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

Creating alternative employment opportunities

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

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

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

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

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

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

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

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

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

The imperative of comprehensive support for farmers

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

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

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

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

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

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

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Uphold integrity of civil services, re-impose ban on Govt officials associating with RSS: Open letter to President Draupadi Murmu https://sabrangindia.in/uphold-integrity-of-civil-services-re-impose-ban-on-govt-officials-associating-with-rss-open-letter-to-president-draupadi-murmu/ Mon, 18 Nov 2024 12:25:39 +0000 https://sabrangindia.in/?p=38817 In an earnest appeal addressed to the President of India, concerned citizens and leaders from diverse sectors have called for the re-imposition of the ban preventing civil servants and government officials from formally affiliating with the Rashtriya Swayamsevak Sangh (RSS) or any other politically aligned organization. This open letter stresses the vital importance of preserving political neutrality within the civil service to maintain an administration that is fair, unbiased, and aligned with the democratic principles enshrined in the Constitution of India.

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A wide spectrum of former government officials, fomer bureaucrats and concerned citizens have in an open letter to President Draupadi Murmu, called for the re-imposition of the ban preventing civil servants and government officials from formally affiliating with the Rashtriya Swayamsevak Sangh (RSS) or any other politically aligned organization. This open letter stresses the vital importance of preserving political neutrality within the civil service to maintain an administration that is fair, unbiased, and aligned with the democratic principles enshrined in the Constitution of India.

The letter highlights the pivotal role civil servants play in implementing laws and policies, which must be executed impartially to ensure the public’s confidence in government neutrality. Permitting civil servants to associate with political organizations—especially those with a distinct political agenda—risks compromising this essential impartiality. Political neutrality is fundamental to ensure that government actions genuinely reflect the diverse interests of all citizens, rather than aligning with any particular ideology.

Furthermore, the letter underscores that the RSS, through its mission statements and actions, operates as a political entity closely aligned with the Bharatiya Janata Party (BJP). The RSS’s involvement in promoting political ideology—particularly the ideology of Hindutva—establishes it as more than a cultural organization. Historical actions, statements by its leaders, and foundational principles reveal active political engagement, making it inappropriate for civil servants to participate as members of this or any similarly positioned organization.

The appeal also raises concerns about the broader implications of allowing political affiliations among civil servants. If the ban is not reinstated, it risks creating a precedent that could see government officials affiliating with other political organizations, undermining the principle of a neutral and independent civil service. Such affiliations could erode the essential separation of state functions from political interests, which is a cornerstone of India’s democratic framework.

The letter reminds us that the Indian Constitution upholds the independence of civil servants, shielding them from political affiliations and retribution to ensure they serve without bias. Articles 309 to 311 of the Constitution reflect this value, aiming to guarantee that public servants operate free from political pressures, serving only the broader national interest. Removing the ban jeopardizes this safeguard, threatening the democratic structure that has held India’s diverse and pluralistic society together.

Additionally, the letter proposes a mandatory “cooling-off period” of three years for senior officials, judges, and regulators following retirement before they assume roles with politically affiliated organizations. This cooling-off period is seen as essential to uphold public confidence in the judiciary and administration and to maintain their objectivity.

In closing, the appeal calls upon the President to reconsider the government’s decision to lift the ban, warning that its continuation could destabilize India’s democratic foundation. By re-imposing the prohibition on political affiliations for civil servants, India would make a critical stand to uphold the values of impartiality, transparency, and unity essential to its democracy.

This appeal has been issued to emphasise the importance of an apolitical civil service and to safeguard the values that make India’s democracy strong and resilient.

The entire text of the letter is below

Date: November 18, 2024

Hon. Rashtrapati ji,

We believe that it is desirable to re-impose the recently revoked ban on the members of the senior civil service from being also formal members of the RSS. In support of our position we would like to bring to your notice the following:

1. The administration is led by the civil services personnel, to further the policies of the government of the day, provided these are consistent with the Constitution of the country, and have their basis in the law, and have the sanction by the legislature. In order to ensure these policies, programmes, measures, interpretations of the law (such as laying out the rules under various laws and provisions), forming and managing organisations for the pursuit of various goals including those of legitimate policy, it is important that the administration is neutral to all its citizens, and appears as such irrespective of the personnel’s own political leanings and position. This cannot happen unless the senior administrators and those in sensitive positions do not engender partisan actions and bias in administration. This follows logically from the design of a democracy. And Indian democracy, as one of the great working democracies, has this provision of not allowing its civil servants (in many sensitive positions, and in authority) to be members of political parties.

2. Civil servants are not elected, and so should not have the power to determine policy, independently of the elected. This is also an important aspect of democracy.

3. If senior administrators are allowed to be members of political parties, they could bias the very working of those entities as much as they could the very orientation of the entity in its working.

4. India being still in the developmental stage has functionally a large role for the state, which means senior administrators and public enterprises have to intervene in society and markets. Partisan bias is clearly an anathema then in a democracy. (See Box 1: India’s Democracy)

5. All the great democracies have provisions that are functionally in line with the requirement stated above (1, 2, and 3 above). But the form of law and action may vary somewhat. Thus, both the UK and the US have provisions that restrict the civil service. India too has such requirement which is what would be violated if the ban on RSS members from being officers/sensitive staff of the government is removed. (See Box 2: The Civil Service in the UK and US)

6. The RSS is de-facto a political entity, a political super-party that is able to hold together its many political entities to the coherent pursuit of its agenda that includes “Hindutva”. (See Box 3: The RSS and its Origins).  The well-established judicial approach of “penetrating the veil (of the form) of an organisation or of a legal person” to expose its real function and identity is important.  That approach would tell us that form apart, the RSS is a political party (or super-party). Thus, consider the “Vision and Mission” on the website of the RSS[1]. We draw your attention specifically to:

i. Involvement in Political Fields: “Sangh-inspired institutions and movements today form a strong presence in social, cultural, educational, labor, developmental, political, and other fields of nationalist endeavor.” This statement highlights the RSS’s involvement in various fields, explicitly mentioning “political” as one of them, suggesting their active role and influence in politics.

ii. Political Movements and Concerns: “Sangh initiated movements—be they social-reformist or anti-secessionist—evoke ready response and approbation from the common multitudes as well as from vast numbers of elite of different shades.” The reference to “anti-secessionist” movements indicates a direct involvement in political activities, particularly those dealing with national integrity and political unity.

iii. Influence in the Political Sphere: “Dr. Keshav Baliram Hegdewar (1889-1940) … anticipated the need for strengthening the foundations of the Hindu society and for preparing it for challenges on social, economic, cultural, religious, philosophical, and political planes.” This shows that the founder of the RSS envisioned addressing political challenges, reinforcing the organization’s political ambitions.

iv. Political Relevance and Advocacy: “Sangh’s alone has been the voice of genuine patriotic concern amidst the cacophonous politically inspired shibboleths of undefined secularism, etc.” This suggests that the RSS positions itself against what it perceives as misguided political ideologies, advocating for its vision of nationalism, which inherently involves political stances. Its antipathy towards socialists and communists makes it an extreme right-wing organization with broad political objectives. The RSS’s journal and the speeches of its leaders are not confined to special interests but are broad and political.

v. Formation of Political Parties and Influence: “With the end of the British Raj, Bharat became a democratic republic with a constitution of its own when the need for a strong political alternative to the ruling party with unalloyed nationalism arose. The Sangh, though it preferred to remain apolitical, was well aware of its commitment to social transformation, including in the political field, based on Hindu values.” The RSS acknowledges its influence in the political field, demonstrating its involvement in shaping political discourse and policies based on its ideological values.

vi. Direct Political Action: “A few senior Sangh functionaries … decided to form the Bhartiya Jan Sangh in 1951 under the presidentship of Dr. Shyama Prasad Mukherjee.” The formation of a political party, Bharatiya Jan Sangh (which later evolved into the Bharatiya Janata Party (BJP), directly ties the RSS to political activities and aspirations.

7. We could also consider the many actions of the RSS in recent times as well as in the past to support its parties, including the BJP. Today it is the working force of the BJP. It’s cadres, since 1991 if not earlier, have always been deployed to benefit the Jan Sangh, and now the BJP its successor. Many RSS personnel have participated on the side of the BJP (often without another representative of the BJP) in national debates especially on TV. Its leaders and cadres have participated in movements that have created for the  BJP its political capital in Hindutva, through such movements as the Ram Janmabhoomi -Babri Masjid agitations and participation in very localised conflicts and struggles to further the core agenda of the BJP. Indeed, the core agenda of the RSS is Hindutva and it sees the BJP as an important instrumentality, but with little separation de-facto between the two.

8. Many leaders of the BJP are typically drawn from the RSS, and no political leader in the BJP can survive without the concurrence of the RSS. The BJP must be seen as an extended body of the RSS in reality, whatever are the legal forms of these organisations.

9. RSS ideologues, are often appointed to positons of importance (board of directors, “independent directors” etc.) in the governance of public educational and research and public enterprises, whenever not explicitly barred by law, by the BJP when in power.

10. The agenda of the RSS is also not always in harmony with the Constitution [anti-constitutional] and no political grouping [(other than possibly the Naxalites] have an agenda that is so directly anti-constitutional.

11. The agenda of the RSS and by extension of the BJP, its instrumentality, as revealed by the public statements of these very organisations, even if their actions are ignored, reveal that they are prima facie antagonistic to important constitutional provisions of the Republic of India covering the following:

  • Equality
  • Freedom of religion
  • Secularism
  • Rule of law and constitutionalism and institutionalism
  • Fundamental and human rights
  • Justice (in the modern sense)
  • Judicial independence

(For details see Box 4: The Contradiction of the Hindutva Agenda of the RSS with the Constitution of India.)

  1. The Constitution of India separates the state from the party, even when the party is in power. This is sacrosanct to a democracy. One significant measure to ensure this is through the set of articles relating to the role of the Civil Services (Articles 309 to 311). Through these articles civil servants have to operate independently of political parties. Civil servants are expected to be politically neutral, and the Constitution protects them from political retribution, thus contributing to the separation of state functions from party politics.
  2. If the recently lifted ban on civil servants joining RSS is not revoked, it will set an unhealthy precedent to other political parties do likewise, allowing civil servants under their purview to join their own sister political groups, leading to a chaotic situation that cuts at the very root of India’s democratic and Constitutional values, which will not augur well for the nation.
  3. Not revoking the ban on the RSS would mean that the government is acting in contradiction to important provisions in the Constitution of India.

Conclusion

Hence, the government should revoke the removal of the ban on RSS members from being officials in government, or government servants associating themselves in the activities of the RSS

Hence, the Supreme Court  should suo motu reverse the decision of the government. [Naxalites who do not believe in the Constitution are both banned and not allowed to hold positions in government.] And the President has avows to his or her ability “..[to] preserve, protect and defend the Constitution and the Law..” (Article 60 of the Constitution of India).

The RSS, which is also actively opposed to certain provisions of the Constitution and is also a political party in disguise, should therefore not have its members being part of the administrative machinery of the government.

In our considered view, the ban on government servants joining the RSS should be extended to all public functionaries. We believe that individuals entrusted with statutory responsibilities should remain completely apolitical and neutral.

[However, neither the Naxals nor the RSS should be banned outright, as that would be unconstitutional.]

Additionally, we hold that, in the interest of democracy, senior judges (both High Court and Supreme Court) should not hold party positions. We also believe that democracy in India would be strengthened if senior judges, officials, civil servants, regulators, and public enterprise managers who hold high positions or roles with significant discretion observe a cooling-off period of at least three years, after leaving their positions (whether due to retirement or otherwise), before accepting new appointments.

Otherwise, we would have already lost a great democracy, and India as we all know and love, may cease to exist. We would then have reversed perhaps humanity’s greatest political achievement of the 20th century i.e. the making of India, a country of unity in diversity that is democratic; since democracy is what makes India and holds India together, India with its humongous diversity and variety.

There have been reports of members of the higher echelons of the judiciary taking part in the activities of RSS and joining the BJP immediately upon retirement. Such association with the RSS, or for that matter, with any other body that has political connotations, affects the credibility of the judicial system. We, therefore, appeal to you to arrange for banning such association and imposing a restriction that, within three years from the date of retirement/ departure from government and its parastatals, they should not join any body that has such political connotations

Yours in earnest

Members of the People’s Commission for the Public Sector and Public Services and Concerned Citizens.

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Box 1: India’s Democracy

The world has completely changed since the Age of Enlightenment. The following key ideas and orientations, emanating from that age, guide humanity all over the world. And India as much as the Western world, or China, or any other country or social grouping cannot but accept these. It would be entirely unethical to hold any other position:

  • All humans, being moral persons, are equal. Therefore, nationalism is necessarily inclusive. (Past divisions and conflicts have to be actively forgotten, with the state playing a major role in inclusion. This is nation-building).
  • Only a democracy can be ethical. Democracy is not just “rule of the people by the people and for the people” but constitutionalism, institutionalism, and rule of law where every person is held equal under the law in both design and practice, ensuring the freedom of every person subject only to the need for the freedom of other persons. From here arise laws that restrain human behavior, as well as human rights, and habeas corpus.
  • As a corollary, the autonomy of universities, think tanks, and the media follow; and the role of the state, besides governance, includes active inclusion (as in India’s Directive Principles) and tolerance for political dissent.

India becoming independent as a constitutional democracy is perhaps the greatest political achievement of the 20th century. History will vindicate this if India remains democratic and united. India’s achievements, despite some correctable flaws, are uniquely humanistic. Constitutional democracy that is based on the three principles above, have the potential to make us a great nation, drive the economic transition to a developed and modern society, and liberate us.

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Box 2: The Civil Service in the UK and USA

UK

In the UK, civil servants are generally expected to remain impartial and neutral in their roles, and they are discouraged or even barred from engaging in political activities or joining political parties, especially when in positions that involve high levels of responsibility. This principle is a cornerstone of the British Civil Service, ensuring that civil servants can serve successive governments regardless of the political party in power. The Civil Service Code lays out clear guidelines regarding political impartiality. It states that civil servants must not act in a way that is determined by party political considerations or allow personal political views to influence the decisions they make in their work. Furthermore, the code emphasizes that certain civil servants are subject to stricter rules on political activity. For example, those in senior or “sensitive” positions are prohibited from taking part in national political activities such as campaigning or running for office.

The Civil Service Management Code (Section 4.4) also details restrictions on political activity for civil servants, stating that they “must not engage in any activity that could conflict with their official duties or bring the Civil Service into disrepute.” Civil servants who wish to engage in political activities must seek permission, and certain grades of civil servants are not allowed to engage in political activities at all. These rules help maintain the political neutrality that is essential to the functioning of the Civil Service.[2]

USA
In the United States, civil servants are similarly restricted from engaging in certain political activities to maintain impartiality and prevent conflicts of interest. The primary legislation governing these restrictions is the Hatch Act of 1939. The Hatch Act imposes strict limits on federal employees’ involvement in partisan political activities, though it allows some participation in nonpartisan politics. Recently, the same outright restriction has been removed, but functionally there are many barriers against the membership of political parties.

All political participation is subject to approval by the OSC (Office of Special Counsel). And in certain sectors, and at higher levels , and in positions that involve discretion, participation continues to be banned altogether.
According to the Hatch Act, federal employees are barred from:

  • Running for partisan political office.
  • Using their official authority or influence to interfere with or affect election results.
  • Soliciting, accepting, or receiving political contributions, especially in connection with a political party, campaign, or partisan political group.
  • While federal civil servants can join political parties as private citizens, they are discouraged from publicly engaging in partisan political activities such as organizing campaigns, making political speeches, or distributing party materials, especially while on duty or in an official capacity.

The Office of Special Counsel (OSC), which enforces the Hatch Act, explains that while federal employees are permitted to express opinions on political subjects and participate in political activities outside of work, those in certain roles or higher positions (such as those in the Senior Executive Service) face even stricter limits. The OSC’s official guidelines make it clear that political impartiality is essential to ensure the civil service remains dedicated to serving the public interest rather than partisan interests.

For further reading, the Hatch Act and the OSC’s guidelines are available on the Office of Special Counsel website and on official government portals.[3]

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Box 3: The RSS and Its Origins

The Rashtriya Swayam Sevak (RSS) is an organization born as a reaction to colonization.[4] The counterpart of this reaction was the very progressive reform of society to which many Indians—Dadabhai Nowroji, Gandhi, Tagore, Naicker, Shree Narayanaguru, Rammohan Roy, Ambedkar, Nehru, Ranade,  Phule, and so many others—contributed, resulting in the modern democratic and inclusive India that we know and live in.

The RSS, while in some ways advocating the reform of Indian society, has a core orientation that is reactionary and anti-minority[5]. Thus, the militarization of Hindu youth propagated by the RSS arose out of the false understanding that India was dominated by colonialism because of Indians being unarmed. Similarly, the value it placed on an “organization” to guide Hindus arose from the perceived “deficiency” of Hindus in not having a church or being in control of the state.

Anti-Muslimism as Essence
The RSS, while focused on Hindus and their organization, came under the influence of the Hindu Mahasabha, which became explicitly communal from about 1910 under the leadership of Veer Savarkar with its Hindutva ideology. Savarkar, a great patriot until his incarceration in the Andamans, was subject to inhuman torture by the British, but the actual torture was carried out by Muslim Pathan guards. The British had a particular knack for using one group—caste, language group, or religion—to divide and rule over India, and this practice of using Muslim Pathans guards over political prisoners was one element of their approach. Unfortunately, Veer Savarkar was psychologically broken and, since his incarceration, saw Muslims as the ‘natural’ enemy of Hindus[6].  This is the core of his thesis of Hindutva. Since then, Savarkar lived only to hate Muslims and to organize Hindus against Muslims, even if it meant collaborating with the British.

The original anti-Muslimism of the RSS was strengthened with the agenda that, over the longer term, the only choice available to Muslims (and Christian minorities) was to reconvert or accept their second-class status and not full citizenship, which would be available only to Hindus (including Jains, Sikhs, and Buddhists)[7]. This aspect of the agenda of both the RSS and the Hindu Mahasabha was strengthened after independence with the creation of Pakistan.

Hindutva
The essence of Hindutva can be stated as[8]:

  • Religion as a driver of human identity, and in the face of conflict between religious and national identity, the religious identity would hold strong and the national give way.
  • Only the followers of religions that are born in India can, therefore, be completely loyal to India considered as a geographical entity.
  • Hence, only Hindus, Jains, Buddhists, and Sikhs (HJBS), besides Indian animists, can be considered as true Indians.
  • To the ideologues of Hindutva, true independence is only when India establishes Hindu Rashtra, i.e. where all non-Hindus – Muslims and Christians-  whose religions arose outside, are evicted, or become subservient relative to the citizens who belong to the HBJS religions. As such it does not recognize the rights of minorities to be free and equal citizens.

The first two premises are completely wrong in the modern world. There is ample evidence of both kinds: some HJBS have been disloyal to India as a modern nation, and many Muslims and Christians have been patriots.

The Hindutva position glosses over the deep retardation of Indian society that caste brought about over many centuries: hardly any innovation, genetic weaknesses due to endogamy and the high levels of homozygosity that it has brought about,  fighting for the nation being limited to a caste (which allowed many invasions to take place); inhuman treatment of the lower castes; a belief that man was unequal, very low levels of learning and literacy, little marriage of thought with production technology.

Most importantly, it is evident that no nation whose core identity is based on religion has successfully modernized. The Western world experienced a prolonged battle between the church and the state for over 600 years, which ultimately saw the state prevail. This victory was a prerequisite for modernization and the Age of Enlightenment. In contrast, the primary burden of many countries in West Asia, the Middle East, and Pakistan is that they have chosen to define their identity and nationhood in religious terms. This choice has condemned them to remain underdeveloped, regardless of any other advantages they may possess.

The RSS’s Beliefs
The contrast between the RSS’s beliefs and modern democracy cannot be sharper. Thus:

  • Hindu Rashtra, by definition cannot be inclusive nor can it be democratic in the modern sense. Therefore, the RSS is, by definition, a organization that does not accept modern inclusive India.
  • Hindutva takes the essential form of antagonism (hate) against minorities, especially Muslims, because they are the largest minority, and many invaders in historic time professed that religion. [The reality, though, is that many others who invaded—Yavanas, Yuechi, Shakas, Hunas, etc which happened earlier—merged into Indian caste society with the invaders occupying relatively upper caste positions). The Muslim invaders, though, with their monotheism, retained their identity as a different religion. But the invaders, including Muslim, have become part and parcel of Indian society. The Indo-Saracenic tradition in architecture, in the arts and crafts, and in so many aspects of life created Indian society as it is today. What we recognize as Indian culture and being is an amalgam and mutual co-existence of pre-Islamic Indian (Buddhist, Jain, and the many Hindu orientations, animist tradition) with the Islamic and Christian, and since colonization, of an orientation informed by the “Age of Enlightenment” and its universalization. Moreover, newer Islamic traditions emerged in India, and syncretism too found expression. Hinduism itself was immensely influenced by Islam with both reactionary trends and trends that involved accommodation and adaptation. Thus, many anti-caste movements, including those that ultimately morphed into sects or altogether new religions, emerged as well. There is nothing Hindu about Hindutva; only the hate for Muslims defines Hindutva].
  • The RSS believes that antagonism is the only way to “unite Hindus,” given the existing caste divisions. This indirectly suggests that the RSS has a pessimistic view of caste ever being overcome or of any meaningful positive reform taking place in Hindu society. As a result, they see creating a common “other” as the only way to unite Hindus.
  • Similarly, the RSS does not believe in a settling date before which our divisions and contestations are forgotten and underplayed in the task of building the nation. Thus, in its antagonism with Islam, it actively encourages the reopening of past conflicts, some of which go back more than a millennia. Conflicts over mosques that may have been the sites for temples are its favorite ways to further its agenda of hating Muslims with the hope that this would unite Hindus. [All successful modern nations have a forgetfulness of the past conflicts that have the potential to divide, and look forward to democracy, humanism, and progress as values to which the state and people commit themselves. Thus, the French actively forget the past conflicts between Franks and Anglos, the Catholics and Protestants; the US, the conflict with the Native Americans (being officially apologetic about their decimation)][9].
  • The RSS also does not exclude violence in the pursuit of its agenda. [It has provided support to the Hindu Mahasabha and other groups that include violence as part of their action set. For example, Savarkar argued for violence in the fight against Muslims even after India had become independent and a constitutional democracy that, besides the channel of elections, clearly provides for peaceful methods for protests and the expression of political aims].
  • The RSS also does not recognize India as being politically independent. It hankers for an “independence” when the country is free from Islam and its impact. [The idea is so utterly inane and destructive of the country as is the belief that removing the weft of a cloth would allow the cloth to exist].
  • It believes that a “religion”—what it calls the “Hindu Political”—which is under construction can and should guide the country and its state. [Even if India had only one “religion,” the very idea of religion guiding the construction of the state and society is antithetical to everything modern and progressive].
  • The above positions are negative and hurtful not only to minorities but to the vast majority of Hindus as well since hate cannot sustain a society, and as it unfolds it can be self-destructive. There ought to be modernism and democracy in its true sense for people to be free and prosper.

However, Indian democracy has to be tolerant and allow all kinds of ideologies to exist, including those who do not believe in democracy. This would mean that Indian democracy cannot and should not ban the RSS as a political party.

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Box 4: The Contradictions of the Hindutva Agenda of the RSS with the Constitution of India.

The idea of Hindu Rashtra and the agenda of the RSS are also in deep contradiction with the Constitution of India. This is obvious but needs reiteration by reference to the ideologues and leaders of the RSS.

Equality
The Constitution of India provides for (1) under Article 14: Equality before the law and equal protection of the laws. (2) Under Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

  • In his “Bunch of Thoughts”, S. Golwalkar, a key RSS ideologue, says that the true identity of an Indian is tied to being Hindu. He wrote that Muslims and Christians may stay in the country, wholly subordinated to the Hindu Nation, claiming nothing, deserving no privileges, far less any preferential treatment—not even citizen’s rights.  K. S. Sudarshan, former RSS Chief, argued that the Indian nation is rooted in Hindu culture, and while other religions are welcome, they should align with the Hindu cultural ethos.  He in his discussions with religious leaders of minorities mentioned that they “should earn the goodwill of the majority”[10], perspective that contrasts with the constitutional guarantee of equality for all. This only reiterated the long held position of the RSS that minorities need to conform to the majority’s (Hindu) cultural norms.
  • In contrast, the RSS’s advocacy for unity and inclusion among Hindus focuses more on social harmony across different castes and communities within the broader Hindu identity, with non-Hindu populations being less than equal. The RSS has explicitly avoided the idea of absolute equality in terms of universal rights and individual liberties even among Hindus, leave aside among all Indians.
  • The idea that India is inherently a Hindu nation with a common Hindu culture contradicts the constitutional principle that no citizen should face discrimination based on religion. The RSS’s approach suggests that being Hindu is normative, potentially marginalizing non-Hindu citizens.

Freedom of Religion
The Constitution of India provides for (1) under Article 25: Freedom of conscience and free profession, practice, and propagation of religion. And (2) under Article 26: Freedom to manage religious affairs.

  • In contrast, M. S. Golwalkar in his “Bunch of Thoughts” (op.cit.) was critical of conversions, particularly those involving Hindus converting to other religions. He viewed conversions as a threat to national unity and integrity. Golwalkar’s writings express a clear opposition to the right to propagate religion, which is constitutionally guaranteed. His call for a ban on conversions suggests restricting this fundamental right. Similarly, Mohan Bhagwat, Current RSS Chief, in his various speeches has reiterated the need for laws to prevent “forced” or “induced” conversions, which he argues disrupt social harmony.
  • Although framed as opposition to “forced” conversions, the emphasis on restricting conversion activities reflects a broader resistance to religious propagation, a constitutionally protected right.

Thus, while the Constitution guarantees the freedom to propagate one’s religion, including the right to convert, the RSS’s opposition to conversions and advocacy for anti-conversion laws suggest a desire to limit this freedom. This stance is at odds with the Constitution’s commitment to religious freedom.

Secularism
The Constitution of India provides for (1) a secular and socialist republic as in the Preamble: “India is a Sovereign Socialist Secular Democratic Republic.” (2) Article 27 prohibits the use of state funds for the promotion of any religion.

  • S. Golwalkar, in his “Bunch of Thoughts”, criticized secularism as a “borrowed concept” and contended that India should be a Hindu Rashtra. Golwalkar’s rejection of secularism reflects the RSS’s vision for a Hindu Rashtra where Hindu culture forms the basis of national identity and governance.
  • Mohan Bhagwat’s Speech on Hindu Rashtra frequently articulated that while the RSS respects all religions, India’s identity is fundamentally Hindu. This perspective suggests a preference for Hindu cultural hegemony, which could challenge the secular nature of the state as mandated by the Constitution.
  • The Constitution’s commitment to secularism requires the state to treat all religions equally and not endorse any particular religion. The RSS’s concept of a Hindu Rashtra, where Hindu culture is the dominant national identity, is fundamentally at odds with the constitutional vision of secularism.

Rule of Law and Constitutionalism
The Constitution of India (1) in Article 13 states that the state cannot make laws that contravene fundamental rights. Similarly, Article 32 provides for the Right to constitutional remedies for enforcement of Fundamental Rights.

  • From the RSS’s Vision and Mission Statements (referred to earlier): “Expressed in the simplest terms, the ideal of the Sangh is to carry the nation to the pinnacle of glory, through organising the entire society and ensuring protection of Hindu Dharma. Having identified this goal, the Sangh created a method of work in consonance with that ideal. Decades of functioning have confirmed that this is the most effective way of organising the society.”. This vision reflects a desire to align laws and governance with Hindu values, potentially at the expense of constitutional norms.
  • The Constitution establishes the rule of law and constitutionalism, emphasizing adherence to its provisions as the supreme legal framework. The RSS’s view that the Constitution should reflect Hindu cultural values suggests a willingness to override constitutional principles to impose a specific cultural identity.

Fundamental and Human Rights
(1) Article 19 of the Constitution guarantees freedom of speech and expression, assembly, association, movement, residence, and profession. Similarly, (2) Article 21 the Right to life and personal liberty.

  • Golwalkar and other RSS leaders have often criticized free speech when it is used to critique Hindu culture or advocate for minority rights in ways that conflict with Hindutva ideology. They have often stated that there should be restrictions on expressions that are anti-national or against the cultural ethos of the majority. This position implies a conditional approach to free speech, prioritizing cultural and national unity over the unfettered right to expression. The issue of constraints on free speech can be debated. However, to constrain the same in terms of whether or not the aggrieved group is the minority or majority is a clear way of being anti-democratic and purely majoritarian.
  • The Constitution guarantees broad freedoms of speech and expression without imposing restrictions based on national or cultural unity. The RSS’s stance on limiting expressions deemed anti-national or culturally divisive contradicts this constitutional protection.

Justice
The Constitution of India in (1) Article 39A: Directs the state to provide free legal aid to ensure justice is not denied to any citizen due to economic or other disabilities. (2) And in Article 21: Right to life and personal liberty.

RSS Stance on Minority Rights and Justice: The RSS has often been critical of sensitivity to minorities and has instead sought to bring them to accept the practices of the majority, even when these are intrusive on public spaces. But more importantly, in glorifying Sanatan Dharma, it has not made its stand clear on the ancient discrimination that is caste and the jati system. It has never been supportive of Hindu reform that seeks to actively hasten the decline of caste in India. In contending that Sanatan Dharma should rule India’s justice system, it is arguing for a retreat from the modern idea of justice, which is enshrined in the Constitution.

Judicial Independence
Article 50 of the Directive Principles of State Policy mandates the separation of the judiciary from the executive. This ensures that the judiciary remains free from the influence of political parties, preventing political control over the justice system. Over its evolution, this provision has been strengthened, and Indian democracy has marched ahead. In contrast, the RSS/BJP, by their very anti-institutional approach, their promotion of judges who are Hindutva-oriented, and the tilt of these judges in basing their judgments on “Hindu” and “Islamic” principles, not only undermines the institutional basis of governance but also its secular fabric.

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The Peoples’ Commission on Public Sector and Services includes eminent academics, jurists, erstwhile administrators, trade unionists and social activists. PCPSPS intends to have in-depth consultations with all stakeholders and people concerned with the process of policy making and those against the government’s decision to monetise, disinvest and privatise public assets/enterprises and produce several sectoral reports before coming out with a final report. Here is the first interim report of commission- Privatisation: An Affront to the Indian Constitution.

 

[1] Vision and Mission (of the RSS).(https://www.rss.org/Encyc/2015/3/13/Vision-and-Mission.html ).

[2] Civil Service Code, UK Government. Available at: gov.uk.; Civil Service Management Code, UK Government. Available at: gov.uk.

[3] The Hatch Act (5 U.S.C. §§ 7321-7326). Available at: osc.gov; Office of Special Counsel, Political Activity and the Federal Employee. Available at: osc.gov.

[4] Golwalkar , M.S. (1968) Bunch of Thoughts, Vikrama Prakashan, Bangalore.

[5] Ibid.

[6] Purandhare, Vaihav (2019), Savarkar –The True Story of the Father of Hindutva, Juggernaut Books, New Delhi.

[7] Cf. Golwalkar, M.S.(1939) We or Our Nation Defined, Bharat Publications; Savarkar, V. D. (1923) Hindutva – Who is a Hindu?, Savarkar Prakashan; Golwalkar, M.S. (1968) op.cit.

[8] The presentation of Hindutva here follows Savarkar, V. D. (1923) op.cit.

[9] Renen, Ernest (2018) What is a Nation? And Other  Political Writings. Translated  and Edited by M.F.N, Gigilioli, Columbia Univ. Press. (https://www.jstor.org/stable/10.7312/rena17430).

[10] Cf. “RSS Repeats Safety Sermon for Minorities”, The Telegraph Online (2002), https://www.telegraphindia.com/india/rss-repeats-safety-sermon-for-minorities/cid/899500).

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The post Uphold integrity of civil services, re-impose ban on Govt officials associating with RSS: Open letter to President Draupadi Murmu appeared first on SabrangIndia.

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10 newborn innocents killed in Jhansi’s medical college, UP govt orders three-tier probe, faces criticism for negligence https://sabrangindia.in/10-newborn-innocents-killed-in-jhansis-medical-college-up-govt-orders-three-tier-probe-faces-criticism-for-negligence/ Sat, 16 Nov 2024 12:49:23 +0000 https://sabrangindia.in/?p=38809 System collapse in UP: in a massive fire broke out at a neonatal ward of the Maharani Laxmi Bai Medical College in Uttar Pradesh’s Jhansi, 10 newborn innocents’ loose their life; grieving parents of deceased asking only one question “Who will bring back our children?”

The post 10 newborn innocents killed in Jhansi’s medical college, UP govt orders three-tier probe, faces criticism for negligence appeared first on SabrangIndia.

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On the late night of November 15 (Friday), a devastating fire erupted in the Neonatal Intensive Care Unit (NICU) of Maharani Laxmi Bai Medical College Hospital in Jhansi, Uttar Pradesh. Reports confirm that at least 10 newborns lost their lives, while 17 others were injured in this tragic incident.

The fire that engulfed the NICU ward between 10:30 PM and 10:45 PM triggered a stampede-like chaos within the hospital. Six fire brigades were quickly deployed to control the blaze, which was finally extinguished by 12:30 AM. Sources revealed that the safety alarms failed to activate, delaying the evacuation. The Chief Medical Superintendent stated that the fire started at an oxygen concentrator and spread rapidly, reported Times of India

Jhansi DM Avinash Kumar confirmed that the fire in the NICU was caused by a short circuit. He added that the majority of the newborns in the unit were safely rescued, but refrained from commenting on how many remain in serious condition.

Also, Jhansi DIG Kalanidhi Naithani said that there are 54 infants in the ward. Sixteen suffered minor injuries and 28 are safe. The DM office Jhansi also issued a helpline number to information about family members regarding the accident that happened in Medial College Jhansi.

Parents recounts the horror of tragedy in hospital

As flames engulfed the ward, parents frantically tried to rescue their children amidst chaotic instructions and a lack of clear communication from hospital authorities. For Rani Sen, an aunt of one of the affected infants, the entire ordeal remains clouded in confusion. “They told us to go in and take our children, but by then, many had already perished,”. She raised concerns about the hospital’s identification process, demanding DNA tests to confirm her baby’s fate. “If the tags were burned or misplaced, how can they be sure which child is mine? I even found a baby who wasn’t mine and admitted him under my name,” she said, as TOI reports.

Another mother, Santoshi from Mahoba district, described the helplessness she felt during the fire. “I don’t know where my baby is. The fire broke out, and I couldn’t get inside to save him. No one could. Everyone was running in panic,” she said, adding that the hospital had previously denied her access to her child.

UP govt announce ex gratia and orders three-tier probe

Following instructions from Uttar Pradesh Chief Minister Yogi Adityanath, Deputy CM Brajesh Pathak, along with the Principal Secretary of Health and ADG of Kanpur, were dispatched to Jhansi to oversee the rescue operations. The CM also directed the Jhansi Divisional Commissioner and DIG to submit a report on the incident within 12 hours.

The Uttar Pradesh government announced that a three-tier investigation will be conducted into the devastating fire at the Maharani Laxmi Bai Medical College in Jhansi. Speaking to reporters on November 16, (Saturday), Deputy CM Brajesh Pathak vowed that strict action would be taken against those found responsible. He also assured support for the families of the deceased infants. “The death of these newborns is deeply unfortunate. We are working with the families to identify the bodies. The first probe will be conducted at the administrative level by the Health Department, followed by an investigation by the Police administration. The fire department will also be involved, and a magisterial inquiry will be carried out. We will thoroughly investigate the cause of the fire,” Pathak stated.

In the wake of the tragedy, Uttar Pradesh Chief Minister Yogi Adityanath announced financial assistance from the Chief Minister’s Relief Fund. “On the CM’s instructions, Rs 5 lakh each will be provided to the families of the deceased newborns, and Rs 50,000 to the families of those injured,” as confirmed by the DM office, Jhansi.

Additionally, PM Modi also announces ex gratia of ₹2 lakh for the next of kin of each deceased

Opposition slams Yogi govt over the incident, said “direct case of negligence”

Former UP Chief Minister and SP Chief Akhilesh Yadav condemned the tragic fire at Jhansi Medical College. He expressed his condolences to the families and called the incident a result of negligence in medical management or substandard equipment. Yadav criticized the Yogi government for focusing on election campaigns rather than addressing the state’s deteriorating healthcare. “This is not just a government responsibility, but also a moral duty” he wrote on his social media handle X.

Akhilesh Yadav demanded a thorough investigation and urged the government to provide world-class medical care and Rs. 1 crore compensation to the grieving families.

However, Leader of Opposition and Member of Parliament, Rahul Gandhi also slammed the government over the tragic incident at Jhansi Medical College. He said on X that, “I am deeply saddened by the tragic incident at Jhansi Medical College, which has led to the death of several newborns and left many others injured. My heartfelt condolences to the affected families.

He further said that, “the series of such tragic events happening one after another in Uttar Pradesh raises serious questions about the negligence of the government and administration.”

NHRC takes suo moto cognizance

Moreover, the National Human Rights Commission (NHRC) also takes suo motu cognizance of the incident. The NHRC called the incident disturbing and a clear case of negligence, violating the human rights of the victims. NHRC issued notices to the Chief Secretary and Director General of Police, Uttar Pradesh, seeking a detailed report within a week, including the status of the FIR, actions taken, medical care for the injured, and compensation to the victims’ families.

Despite the hospital horror, Uttar Pradesh Chief Minister Yogi Adityanath’s focus seems to be on external political issues, such as addressing opposition accusations and campaigning in other states, rather than confronting the glaring failures in his own state’s healthcare system. How can the state’s leadership prioritize political rhetoric like “Batoge Toh Katoge” (you’ll face consequences) in other states, while such a horrific tragedy unfolds under their own watch?

The heart-wrenching cries of parents in Jhansi, asking, “Who will bring back our children?” demand a moral reckoning from those in power.

Related:

Infant mortality rate: UP records highest rate for SC at 57.8, Chhattisgarh at 41.6 for ST

Shrey Hospital Fire: Victims’ families move court demanding CBI inquiry

Gujarat: 18 Covid patients killed in Bharuch hospital fire!

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Muslim bride molested on Delhi-Aligarh train, husband thrashed for defending her https://sabrangindia.in/muslim-bride-molested-on-delhi-aligarh-train-husband-thrashed-for-defending-her/ Sat, 16 Nov 2024 10:50:32 +0000 https://sabrangindia.in/?p=38799 Despite the victim's pleading for help, other passengers remained silent and did nothing to intervene. In a highly questionable move, the GRP police chose to take selective action, arresting the victim's husband instead of accused, later released after relatives staged protest

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On November 12, a horrific incident happened in Uttar Pradesh’s Aligarh, where a 22-year-old newlywed Muslim woman was mercilessly harassed and molested by four men on a special passenger train. When her husband courageously intervened, he was met with brutality and verbal abuse by the perpetrators. In a stunning betrayal of selective action, the GRP police detained the husband instead of the attackers, according to the victim.

The victim, who had been married for just two months, recounted the traumatic experience. She asked people gathered there to give a phone to call for help, but was rebuffed.

The attackers even assaulted her husband with belts at Aligarh Railway Station, right in front of her and her in-laws. To make matters worse, the assailants threatened the victim with a gun. She alleged that a group of other people also joined in beating him up further.

People remained mute spectator, Police chosen selective action

The woman said that, “The goons began staring at me as soon as the train left Delhi. When I objected, they tried to touch me. My husband stepped in to defend me, but he was attacked. Despite my pleas for help, other passengers just watched silently” as Times of India reported,

Relatives of the couple soon arrived at the station and staged a protest in response to the incident. Following the public outcry, the GRP released the husband and registered a case at Aligarh GRP Police Station against the attackers. Police confirmed that one of the accused, Jitu Singh, a resident of Usmanpur Khandauli in Agra, has been arrested. However, three others, including Mahesh from Singh Kuberpur, remain at large, while two more suspects have yet to be identified.

Notably, GRP SHO Shailendra Yadav confirmed that a case had been registered following the victim’s husband’s complaint. The charges include Section 74 (assault or use of criminal force against a woman with intent to outrage her modesty), Section 115-2 (voluntarily causing hurt), and Section 352 (insult that provokes a breach of peace) of BNS, 2023. The couple, married just two months ago, had travelled from Delhi to Aligarh to attend a family wedding. The husband, who runs a clothing business, has been living in Delhi since their marriage.

Alarming rise in anti-Muslim attacks in Train

There has been a concerning surge in attacks on Muslim passengers on trains in recent years. This disturbing trend is exemplified by several incidents, including, in August, 2024, an elderly Muslim man was brutally beaten by fellow passengers on a train near Nashik district, Maharashtra, in September, 2024,  a group of Madrasa students traveling in a general coach were assaulted by two allegedly intoxicated assailants in route to Mumbai.

In July 2023, a shocking incident occurred on the Jaipur-Mumbai Central Superfast Express, where a Railway Protection Force (RPF) constable, Chetan Singh, fatally shot four individuals, including an Assistant Sub Inspector (ASI) and three Muslim passengers, near Palghar Railway Station in Mumbai Suburbs.

Related:

Uttar Pradesh: Where women live in fear

Crimes against women highest in Uttar Pradesh: NCRB 2020 report

Violence and assault targeting Dalits rock Uttar Pradesh

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Spreading Light and Love: Diwali festivities unite communities in Bareilly and beyond https://sabrangindia.in/spreading-light-and-love-diwali-festivities-unite-communities-in-bareilly-and-beyond/ Fri, 15 Nov 2024 11:47:02 +0000 https://sabrangindia.in/?p=38786 Celebrating unity in diversity, from Hazrat Nizamuddin Auliya’s Dargah to Diwali fairs in Syana and Bareilly. Through shared prayers, festive lights, and acts of kindness, India’s rich tradition of interfaith harmony continues to inspire, bridging divides and fostering peace across cultural and religious boundaries

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Sufi saint Hazrat Nizamuddin Auliya, known for his legacy of harmony, believed in serving every visitor, reflecting his inclusive philosophy. He famously said, “Every visitor should be served something; if there is nothing to offer, a cup of water may be offered,” promoting kindness and universal hospitality. This spirit endures at his Dargah, where people of all religions gather to celebrate festivals like Basant Panchami and Diwali. The Dargah became a symbol of unity during Diwali, with the Muslim Rashtriya Manch (MRM) organizing a prayer ceremony to foster interfaith brotherhood. Similar examples of Hindu-Muslim unity are seen at the Diwali fair in Syana, Bulandshahr, and in Bareilly, where communities come together to celebrate festivals. These acts of shared joy, such as lighting diyas and distributing festive items to the needy, shines India’s enduring tradition of unity and peace across cultural and religious divides.

Dhanteras celebration at Hazrat Nizamuddin Auliya Dargah, Delhi

The Dargah of Sufi Saint Hazrat Nizamuddin in Delhi became a symbol of unity on Dhanteras, a Hindu festival dedicated to Lord Dhanvantari, the divine physician and the founder of Ayurveda. This day also marks the beginning of Diwali, the festival of lights. On this occasion, the Muslim Rashtriya Manch (MRM) organized a special prayer ceremony at the shrine, with the aim of fostering brotherhood and harmony among various communities.

Image: Hindus and Muslims lighting diyas and candle at the dargah of Hazrat Nizamuddin

The gathering was a beautiful representation of India’s diverse religious and cultural fabric, with people from different faiths coming together in the spirit of shared celebration.


Image: People offering prayers at the shrine of Hazrat Nizamuddin Auliya 

The ceremony concluded with a collective prayer, highlighting the need for harmony, environmental consciousness, and the protection of communal assets. Through this event, the spirit of cooperation and goodwill resonated, reinforcing India’s strength in its unity amidst diversity.

Diwali fair, Syana, Bulandshahr

The Diwali fair in Syana, Bulandshahr, organized by the Muslim community, has become a shining example of Hindu-Muslim unity. Held annually at the Hapur bus stand, this event brings together people of all ages, fostering a spirit of inclusivity and mutual respect. During its inauguration, Sub-Divisional Magistrate Vandana Mishra highlighted the fair’s significance as a vital part of the town’s cultural heritage, emphasizing the unity it represents between the two communities. Despite the rising tide of divisiveness in the country, this fair continues to stand as a beacon of harmony, bridging religious and cultural divides.

As per ETV report, the fair has earned praise for its role in promoting communal peace, with Sub-Divisional Magistrate Kunwar Bahadur Singh lauding the organizers for their commitment to unity. In addition to Syana, similar acts of interfaith cooperation are seen in other parts of India. In Dhebadhih village, Jharkhand, Muslims help organize the Hindu festival of Kali Puja, working side by side with the local Hindu community. Similarly, in Varanasi, Muslim women from the Muslim Women Foundation and Vishal Bharat Sansthan participate in Diwali celebrations by creating Rangolis, decorating Lord Ram’s idol, and singing prayers for peace—continuing the tradition of Ram Aarti since 2006.

These examples of shared celebrations and collective efforts underline the enduring strength of India’s cultural and religious unity, transcending differences to promote peace and solidarity.

Hindu-Muslim Unity in Diwali, Bareilly (Uttar Pradesh)

Bareilly has long been a city where cultures blend seamlessly. Despite occasional tensions, the spirit of unity has always prevailed, with people from diverse communities coming together to celebrate festivals like Holi, Diwali, Eid, and Moharram, transcending caste and religion.

On September 30, during Choti Diwali, yet another beautiful expression of this harmony was witnessed. In Subhash Nagar, the threshold and rooftop of an abandoned house once owned by the Bassi family were illuminated with diyas and candles. The effort was spearheaded by Rashmi Khan and Samyun Khan, with the support of Nitin Sharma, Naresh Rajput, Akbar, Naseem Ahmed, Himanshi Sharma, Naseer Ahmed, and others.

The house had once been home to Anil Bassi’s family, but after his passing, his wife, Poonam Bassi, moved away due to her children’s jobs. Since then, the house had remained vacant. Every year, Samyun Khan’s team adorns the exterior of the house with lights, spreading festive cheer.

On Choti Diwali, they lit a diya at the door, and they planned to return on Diwali to continue the celebrations.

Spreading Joy to the Needy

Samyun Khan, president of the Ek Aas organization, along with her team, distributed diyas, decorative lights, and other festival essentials to those in need. These were families who could not afford to decorate their homes due to financial constraints. In addition to sweets, the team provided Rangoli materials, fireworks, flower garlands, and other festive items. On Dhanteras, the Janseva team distributed 3,500 diyas at Novelty Chowk, spreading light and goodwill to all corners of the city.

Despite the weaponisation of religious slogans and efforts to sow discord, India’s enduring tradition of interfaith harmony remains unshaken. Events like those at Hazrat Nizamuddin Auliya’s Dargah, where people from diverse faiths gather to celebrate festivals like Diwali, stand as powerful symbols of unity. Hazrat Nizamuddin’s philosophy of serving every visitor, irrespective of their background, continues to inspire kindness and inclusivity. Similarly, the Diwali fair in Syana, Bulandshahr, and interfaith cooperation in places like Bareilly, Jharkhand, and Varanasi, exemplify the rejection of hate.

These events serve as a vital reminder to anti-social elements with divisive intentions that the spirit of unity, love, and religious tolerance will always prevail, with people standing together, embracing diversity and promoting peace over hate.


Related:

Ganesh Chaturthi: Celebrating unity beyond religious boundaries

Crafting Unity: Muslim artisan’s dedication to Hindu deity sculptures

The other side of Kanwar Yatra: Hindu-Muslim Unity

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MVA’s bold promise: A transformative vision for women’s empowerment in Maharashtra https://sabrangindia.in/mvas-bold-promise-a-transformative-vision-for-womens-empowerment-in-maharashtra/ Fri, 15 Nov 2024 09:13:32 +0000 https://sabrangindia.in/?p=38780 From financial independence to safety and health, the MVA government’s comprehensive manifesto lays the foundation for a gender-equal Maharashtra, where women are empowered to thrive in every sphere of life.

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The Maharashtra Vikas Aghadi (MVA) government has outlined an ambitious manifesto aimed at transforming the lives of women in Maharashtra. Their vision goes beyond traditional promises, with initiatives focusing on financial support, safety, health, empowerment, and employment opportunities. By addressing the unique challenges faced by women across urban and rural areas, these policies aim to promote a society where women are not only protected but also empowered to thrive economically and socially. This comprehensive strategy reflects a commitment to building a Maharashtra that upholds gender equality, safety, and respect for all women.

Details of the promises made in the MVA manifesto are discussed below:

Financial independence and support for women

To promote financial independence, the MVA has promised to introduce the Mahalaxmi Scheme, offering a monthly allowance of Rs. 3,000 to women. This scheme is designed to provide consistent financial support to women, particularly those from economically disadvantaged sections of society. The allowance will help women manage household expenses, contribute to family income, and enhance their personal financial security. This is especially beneficial for women in rural and semi-urban areas, where access to employment opportunities and financial resources may be limited. Additionally, women will be eligible for six cooking gas cylinders annually at a subsidised rate of Rs. 500 each, significantly reducing the burden of fuel costs—a significant expense for many families. This initiative ensures that women can allocate their finances toward other essential needs, ultimately empowering them to have greater control over household economics.

In addition to this, the MVA promises free bus travel for women, which is a crucial step towards ensuring the mobility and freedom of women in Maharashtra. Public transportation is often a barrier to women’s participation in work and educational opportunities, particularly in rural areas. By removing this financial barrier, the MVA is making it easier for women to access markets, workplaces, schools, and healthcare facilities. Furthermore, the promise of one-time financial support of Rs. 1,00,000 for girls at the age of 18 is a vital initiative aimed at helping young women make their transition to adulthood with financial support. This one-time benefit will support young women in pursuing higher education, skill development, or other opportunities that can lead to economic independence.

Promoting women’s health and safety

The MVA’s manifesto places a strong emphasis on the health and safety of women and girls across Maharashtra. The introduction of the ‘Nirbhay Maharashtra’ policy and the ‘Shakti’ law demonstrates the government’s commitment to protecting women and children from violence and ensuring their safety. The Nirbhay Maharashtra Policy aims to create a robust, multi-tiered system for preventing and responding to gender-based violence, with a focus on rural areas and quick response units for immediate action. The Shakti Law, on the other hand, strengthens legal frameworks to provide faster trials, harsher penalties for crimes against women and children, and dedicated victim support cells. Together, these initiatives promise a comprehensive approach to women’s safety, combining prevention, swift legal action, and social support, creating a state where women can live free from fear and violence. These policies aim to create a comprehensive legal framework that not only deters gender-based violence but also offers immediate support and protection to victims. The enforcement of the Shakti law will help strengthen the legal system to deal with crimes against women and children more swiftly and effectively. These initiatives are essential in making women feel safe in their homes, workplaces, and public spaces.

In addition to this, the promise of provided free cervical cancer vaccines for girls aged 9 to 16 is a landmark health initiative that targets one of the leading causes of cancer among women in India. This preventive measure will help reduce the incidence of cervical cancer in Maharashtra by providing free access to the HPV vaccine, particularly benefiting girls from underprivileged backgrounds who may otherwise not have access to this vaccine. Additionally, the MVA government promises two optional leave days for female employees during menstruation. This progressive policy acknowledges the health challenges that menstruation can cause, providing women with the time and space to rest without the worry of losing income or job security. It sets a precedent for gender-sensitive workplace policies that prioritise the well-being of women employees.

Further, the plan to establish safe, clean, and accessible public restrooms for women addresses a long-standing issue, particularly in urban areas. Safe and hygienic public toilets are essential for women’s dignity and health, especially when they are out in public spaces. This initiative will improve access to sanitation and ensure that women feel more comfortable and secure in public spaces.

Empowerment through education, employment, and skill development

The MVA’s initiatives also focus on empowering women through education, skill development, and employment opportunities. A key proposal is the introduction of self-defence lessons, which will be provided to young girls as part of the school curriculum. These lessons will equip girls with the physical and mental tools they need to protect themselves in situations of danger, contributing to greater self-confidence and security. Additionally, the establishment of a separate department for the empowerment of self-help groups (SHGs) is a significant step toward fostering leadership skills and economic independence for rural women. SHGs have been effective in empowering women by enabling them to pool resources, share knowledge, and engage in income-generating activities. The department will help expand the reach of these groups, provide them with market access for their products, and create opportunities for women to take on leadership roles in their communities.

The MVA’s commitment to building hostels for girls in each taluka is another important step toward ensuring that girls from rural and underserved areas can pursue education without worrying about accommodation. For many rural families, sending girls to distant schools or colleges is a challenge due to the lack of safe and affordable lodging options. By building hostels in each taluka, the MVA will provide a safe, convenient, and cost-effective solution, ensuring that young women have equal access to education, regardless of their geographical location.

Additionally, the MVA promises the formation of a dedicated Ministry for Child Welfare, which will focus on the holistic development and protection of children, particularly girls. This ministry will prioritise issues like access to quality education, health services, and protection from abuse, while also addressing the needs of children in vulnerable situations.

Equal pay and respect for women’s rights

The MVA government has committed to addressing economic disparities by pushing for equal pay for men and women in the unorganised rural sector. Women in this sector, particularly in agriculture and small-scale industries, are often paid significantly less than their male counterparts for the same work. By enforcing equal pay laws, the MVA aims to ensure that women are compensated fairly for their contributions, which will help reduce the gender wage gap in rural areas and foster greater economic equity.

The manifesto also includes measures to ensure that widows are treated with dignity and respect. Laws will be enacted to prevent forced adherence to harmful practices imposed on widows, such as social ostracism or forced isolation. These laws will protect widows’ rights and ensure that they are treated with respect and provided opportunities for economic empowerment. Additionally, the MVA aims to prioritise employment for widows and single women, creating targeted schemes to help them gain financial independence and reintegrate into the workforce.

To support women who have left the workforce due to family or personal reasons, the MVA promises to create special schemes to help them re-enter the workforce. These schemes will provide women with the necessary training, resources, and job placement opportunities to restart their careers and contribute to national progress.

Establishing safe and inclusive communities for all

The MVA government’s vision also includes the development of safe cities for vulnerable populations, including women, children, senior citizens, and people with disabilities. This initiative will focus on improving urban planning, infrastructure, and law enforcement to create safer public spaces, enhance accessibility, and provide protection to marginalised groups. This initiative reflects the MVA’s broader goal of fostering inclusive communities where everyone, regardless of gender, age, or ability, can live with dignity and safety.

The government also plans to regularly update the women’s policy every three years, ensuring that it remains responsive to the evolving needs of women in Maharashtra. This adaptability is crucial in ensuring that the policy stays relevant and effective in addressing the challenges that women face, particularly in rapidly changing social and economic landscapes.

MVA’s aim to build a Maharashtra where women thrive

The MVA’s manifesto for women reflects a comprehensive, forward-looking vision that places women’s health, safety, financial independence, and empowerment at the center of Maharashtra’s development. These initiatives aim to build a Maharashtra where women can move freely, access equal opportunities, and lead empowered lives. By addressing the multifaceted needs of women, this manifesto demonstrates a commitment to gender equality and the belief that women’s empowerment is essential for Maharashtra’s progress as a whole. With these reforms, Maharashtra has the potential to become a leader in gender equality, setting an example for other states in creating a just and inclusive society.

Related:

The MVA promise to uphold right to healthcare in Maharashtra: A visionary approach to equitable and comprehensive health access

Citizens and experts rally to save Mumbai’s BEST buses from privatisation pitfalls

CJP moves CEO Maharashtra with three complaints over Suresh Chavhanke’s MCC violations

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

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Prayagraj: 11 protesting students arrested, after hundreds lathi-charged on the eve of UP by-polls https://sabrangindia.in/prayagraj-11-protesting-students-arrested-after-hundreds-lathi-charged-on-the-eve-of-up-by-polls/ Wed, 13 Nov 2024 13:02:46 +0000 https://sabrangindia.in/?p=38725 Arrests of 11 students after lathi charge on protesting students at Prayagraj (Allahabad) UP has led to strong protests by the Samajwadi Party and the Congress

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As many as eleven protesting students on the fair conduct of UPSC polls have been arrested as per reports on Wednesday evening, November 13. The Indian Express reports that while supply of water at the protest site has been made scarce, UPPSC aspirants opposing 2-shift exams say ‘na batenge, na hatenge’. Meanwhile media reports also say that students demonstrating against UPPSC’s decision to hold RO-ARO & PCS preliminary exams in 2 shifts claim police have forced eateries, shops at protest site to shut down.

Thousands of Uttar Pradesh Public Service Commission (UPPSC) aspirants protesting for the third straight day outside the UPPSC office in Prayagraj are struggling to secure necessities, such as food and water reports PTI. Students have been agitating the UPPSC proposal to conduct the review officer or assistant review officer (RO/ARO) and UP provincial civil service (PCS) exams in two shifts. They insist that the multi-shift exams risk unfair normalisation, where scores are adjusted based on variations in test difficulty across shifts. The UPPSC has defended its decision, citing logistical constraints, stating that managing a single shift for 11 lakh aspirants would require significant resources, which are not currently available. According to a source within the UPPSC, the two-shift approach aligns with a June government order mandating multiple shifts for exams with over five lakh registered candidates.

Initially, the protest led to clashes with the police after students gathered at gates 2 and 3 of the UPPSC office premises. Policemen reportedly resorted to lathi-charge to disperse the crowd. Despite the hardships, the exam aspirants have held their ground, spending two nights at the site. Many women aspirants who have joined the protest have, so far, not even informed their families about their participation. The police, claiming to “maintain order”, have assigned a demarcated area near the Civil Lines police station for students to protest peacefully. With posters that read “Na batenge na hatenge (We will not be divided nor back down)”, students are echoing Chief Minister Yogi Adityanath’s slogan, “Batenge toh katenge (Divided we fall)” to reflect their strong sense of solidarity.

The students’ demands have started resonating beyond Prayagraj. In support, UPSC aspirants in Delhi organised a rally Tuesday evening, and similar protests will likely happen in Patna and Jaipur. Many protesters in Prayagraj have travelled from states such as Bihar, Madhya Pradesh, and Delhi. They shared buses and are now sharing rooms to participate in the movement.

More than 11 lakh candidates will appear for the UPPSC RO/ARO exam, initially scheduled for January 29 and February 2 but postponed following a paper leak. According to present schedules, the Provincial Civil Services (PCS) Preliminary Examination will be conducted over two days, on December 7 and 8, while the Review Officer (RO) and Assistant Review Officer (ARO) Preliminary Examination 2023 will be held in three shifts on December 22 and 23. The UPPSC’s recent notification rescheduled the exam for December and introduced the controversial two-shift format, sparking protests among students who feel the structure disadvantages them.

The protests have drawn attention from heavyweight political leaders, with Samajwadi Party chief Akhilesh Yadav and Congress leader Priyanka Gandhi even voicing their support for the protesting students. Meanwhile, Congress has sharply criticised the BJP govt in Uttar Pradesh over ‘police action’ against protesting UPPSC students.  Congress general secretary in-charge communications Jairam Ramesh said it is unfortunate that ‘lathi charge’ was done on students protesting for their demands in Prayagraj.

Condemning the police “highhandedness”, Samajwadi Party chief Akhilesh Yadav had also termed the BJP government in the state “anti-youth” and “anti-student”.

The Congress on Tuesday, November 12 alleged that police in Prayagraj lathi-charged students raising their voice against the “arbitrariness” of the Uttar Pradesh Public Service Commission and claimed that earlier also attempts have been made to suppress the voice of the youth demanding jobs.

Congress general secretary in-charge communications Jairam Ramesh said it is unfortunate that “lathi charge” was done on students protesting for their demands in Prayagraj.

The students raising their voice against the “arbitrariness” of the Uttar Pradesh Public Service Commission (UPPSC) should be heard carefully, he said in a post in Hindi on X. “This is not the first time that BJP is trying to suppress the voice of youth in this way. Earlier also, attempts have been made to suppress their voice for demanding jobs or protesting against recruitment scams and paper leaks,” Ramesh claimed. Understanding these problems of the youth, the Congress party had talked about taking concrete initiatives under the Yuva Nyay Guarantee, he said.

Meanwhile in another twist to the lathi charge offensive on Monday night, Congress leader, Prabal Prabhat Sahi has warned of a dire conspiracy around the by-polls scheduled in UP on November 20. Of the nine by-elections to the state assembly, Phoolpur, Majhawan and Katehari are extremely close to Prayagraj (Allahabad) and he expressed fears that the ‘Rampur model’ where the police will be ‘mis’ used to prevent voters from casting their vote (as happened in 2022 in UP) may repeat. This video released by Congress leader Prabal Pratap Sahi late on November 11, Monday may be seen here

Is the lathi charge of thousands of students at Prayagraj a preparation for a repeat of the Rampur model where voters will be prevented from exercising their vote of November 20?

Related:

Police crackdown on student protesters in Delhi, Kolkata

Student Protest against the RSS invites Police Brutality

A month after student protests, BHU yet to do much to ensure women safety

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CJP moves CEO Maharashtra with three complaints over Suresh Chavhanke’s MCC violations https://sabrangindia.in/cjp-moves-ceo-maharashtra-with-three-complaints-over-suresh-chavhankes-mcc-violations/ Wed, 13 Nov 2024 12:23:17 +0000 https://sabrangindia.in/?p=38703 CJP demands swift action from Maharashtra State Election Commission, urging FIR against Suresh Chavhanke for his multiple anti-Muslim speeches, including his derogatory remark against the LGBTQ+ community and harmful remarks calling Muslim-majority areas 'mini-Pakistan' in Karad, Ahmednagar, and Pimpri-Chinchwad during the MCC period

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On November 5, 7, and 8, 2024, Citizens for Justice and Peace (CJP) filed three separate complaints with the Chief Electoral Officer (CEO) of Maharashtra, S. Chockalingam against Suresh Chavhanke, editor-in-chief of Sudarshan News, for violating the Model Code of Conduct (MCC) and the provisions of the Representation of People Act, 1951 with his inflammatory and divisive speeches delivered at various events in October 2024. These complaints highlighted Chavhanke’s ongoing use of hate speech to stoke communal tensions and manipulate public opinion during the sensitive pre-election period. On October 20, in Ahmednagar, Chavhanke made derogatory remarks against the LGBTQ+ community and falsely accused Christians of targeting the region for conversions. On October 22, at the Janata-NRC event in Karad, Satara, Chavhanke propagated baseless conspiracies about Muslim “infiltrators” and praised Myanmar’s controversial expulsion of Rohingyas and on October 24, during an event in Pimpri-Chinchwad, he referred to Muslim-majority areas as “mini-Pakistan” and “no-go zones.”

CJP’s complaints emphasized that Chavhanke’s speeches promoted Islamophobia, religious intolerance, and harmful stereotypes. By spreading dangerous narratives such as “love jihad,” “land jihad,” and baseless fears of demographic change, he sought to polarize voters along religious lines, undermining the integrity of the electoral process. CJP urged the CEO Maharashtra to take immediate action against Chavhanke to uphold the principles of free, fair, and peaceful elections, ensuring that such hate speech does not go unpunished.

  • Pimpri-Chinchwad, Pune [November 7, 2024]

On November 7, 2024, Citizens for Justice and Peace (CJP) filed a formal complaint with the Chief Electoral Officer (CEO) of Maharashtra against Suresh Chavhanke for his inflammatory and divisive speech delivered on October 24, 2024, during the Janta NRC event. In his speech, Chavhanke claimed that 10 crore “infiltrators” should be removed from India, citing alleged court support, and referred to Muslim politicians as “traitors.” He also made derogatory remarks about Muslim-majority areas in Pimpri-Chinchwad, calling them “mini-Pakistan” and “no-go zones.” This speech constitutes a clear violation of the Model Code of Conduct (MCC), which governs the conduct of political parties and candidates during elections to ensure fairness and a peaceful electoral process. Suresh Chavhanke said that “Now where did the figure of ten crores come from? Some journalist friends will be here. Some did not come here. But those are the two Namakharams of Hyderabad, traitors. Whether they watch anything else or not. They may miss a prayer. But he never misses what Suresh Chavhanke says at 8 PM.”

He further added that “Perhaps Hindus in India know me less. At that time, we were going from village to village. But friends I was telling you that defined. We won the court battle.”

“I know now. I asked when I was coming here, what happened in this place in Pimpri, Chinchwad and also Kundalwadi, Chikhli, Bhosari, Nigdi. No more Mini, no more Mini-Pakistan. There is a place in Mumbai. If you write the same name Pakistan, Pakistan on the postcard, still will reach there” he remarked.

CJP mentioned in its complaint that Chavhanke’s remarks were designed to stoke communal tensions by polarizing voters along religious lines and creating an atmosphere of hostility between Hindus and Muslims. By labeling Muslim-majority areas as foreign territories loyal to Pakistan, Chavhanke’s speech falsely portrayed Indian Muslims as a threat to national security and integrity. This dangerous rhetoric not only undermines the principles of free and fair elections but also perpetuates harmful stereotypes, portraying a specific religious group as outsiders and traitors.

CJP’s complaint to CEO Maharashtra on November 7, 2024 can be read here

 

  • Ahmednagar [November 5, 2024]

On November 5, 2024, Citizens for Justice and Peace (CJP) filed a complaint with the CEO Maharashtra against Suresh Chavhanke for violating the Model Code of Conduct (MCC) with his hate-filled speech in Ahmednagar on October 20, 2024. In his speech, Chavhanke made derogatory remarks against the LGBTQ+ community, describing them as a propaganda tool aimed at undermining Hindu families and labeling them as part of “cultural terrorism.” He also made false claims about Christians targeting Ahmednagar for conversion efforts and stated that the phrase “Allah hu Akbar” was a supremacist statement designed to provoke Hindus. These comments were made during the Ahilyabai Holkar Anniversary celebration, a politically sensitive time during the election period.

As per CJP’s complaint, Chavhanke stated that “Men marry men, male marry male. A woman should marry a woman. Have you heard of LGBTQ? What going on is this? This is disinformation. Why should the family system be broken, while Hinduism and our Hindustan is surviving today beyond the thousand years reckoning of Islam. And if anything, the main reason for its survival is the Hindu family system and the contribution of women to it is the greatest.”

CJP’s complaint emphasized that Chavhanke’s speech not only mischaracterized Muslims, Christians, and LGBTQ+ identities but also promoted dangerous misinformation and hate. By injecting religious intolerance into the political discourse, Chavhanke’s statements violated the MCC’s guidelines, which are meant to ensure free and fair elections. His rhetoric fostered division and fear, equating the survival of Hinduism with the suppression of other communities. CJP called for immediate action, urging the CEO to address this inflammatory speech and its potential impact on the electoral process.

CJP complaint to CEO Maharashtra on November 5, 2024 can be read here

 

  • Karad, Satara [November 8, 2024]

On November 8, 2024, CJP filed another complaint with the CEO Maharashtra regarding the violation of the Model Code of Conduct (MCC) by Suresh Chavhanke for his inflammatory remarks delivered at the Janata-NRC event in Karad, Satara, Maharashtra on October 22, 2024. Chavhanke’s speech, marked by Islamophobic and divisive rhetoric, directly contravened the MCC, which is designed to ensure a peaceful, fair, and unbiased electoral process. During his address, Chavhanke made several false and harmful statements, including claiming that Europe would cease to exist in five years due to a Muslim takeover, promoting the baseless conspiracy of ‘love jihad,’ and alleging that India faces a crisis with 10 crore “infiltrators” threatening Hindu culture. He further warned that rising Muslim populations would soon render Hindus a minority, stoking fears of demographic change. Chavhanke also controversially praised Myanmar’s Wirathu for expelling Rohingyas and highlighted the refusal to vaccinate them against COVID-19.

Chavhanke stated in its complaint that “What will be the biggest problem of India at this time out of which Love Jihad, Land Jihad, Waqf Board, Terrorism is the cause of all the problems, if there is any reason, then the growing population of Muslims are in India. You say this is going on with democracy, isn’t it? Democracy has increased it. “But the population ratio kept changing. Pakistan was given in the name of Islam. It’s time to give Pakistan again, many states were given, 9 states, Hindu minority in 2011. Census 2021 has not been done, if it is not done now, there will be minorities in 13 states. In the year 2048, it will become a minority. What is today 2024. After how many years, exactly 24 years. It will be appropriate for everyone sitting here to see 24 years” as per CJP’s complaint to CEO Maharashtra.

CJP’s complaint emphasized that Chavhanke’s statements were not only Islamophobic but also sought to incite religious fear and hatred. By linking the growing Muslim population in India to fabricated threats like “love jihad,” “land jihad,” and terrorism, Chavhanke portrayed Muslims as a threat to the nation’s security and social fabric. His remarks were designed to stoke fear of Muslims “outbreeding” Hindus, furthering the dangerous narrative that India was on the brink of becoming a Muslim-majority state. Through this rhetoric, Chavhanke attempted to polarize voters along religious lines, undermining the democratic process and the integrity of the election.

CJP complaint to CEO Maharashtra on November 8, 2024 can be read here

 

However, CJP, in its complaints, highlighted a clear violation of the Model Code of Conduct (MCC) and the Representation of the People Act, emphasizing the importance of political parties and candidates refraining from actions that deepen existing divisions or foster animosity between communities. Suresh Chavhanke’s inflammatory rhetoric, which included portraying the religious slogan “Allah hu Akbar” as a threat to other communities and making derogatory remarks against the LGBTQ+ community, sought to incite fear and mobilize support in ways that the MCC explicitly aimed to prevent. These divisive and hate-driven attempts to manipulate the electorate along religious lines directly violated the electoral code and called for immediate legal and electoral intervention. CJP strongly urged the CEO Maharashtra to take cognizance of the enclosed video, register a case against Chavhanke, the event organizers, and all identified perpetrators, and ensure their arrest for cognizable offenses under the relevant sections.

 

Related:

Suresh Chavhanke: The face of Hate Journalism

CJP moves NCM against Suresh Chavhanke for his Islamophobic remarks

Hate Watch: Suresh Chavkhane asks Muslim women to marry Hindu men

The post CJP moves CEO Maharashtra with three complaints over Suresh Chavhanke’s MCC violations appeared first on SabrangIndia.

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NBDSA orders News18 India to remove broadcast promoting superstition and religious intolerance based on complaint by activist Indrajeet Ghorpade https://sabrangindia.in/nbdsa-orders-news18-india-to-remove-broadcast-promoting-superstition-and-religious-intolerance-based-on-complaint-by-activist-indrajeet-ghorpade/ Wed, 13 Nov 2024 12:17:23 +0000 https://sabrangindia.in/?p=38716 Following the complaint, News18 India warned by NBDSA over airing controversial interview with religious preacher, orders removal of content from digital platforms for violating broadcasting ethics.

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On November 4, 2024, an order was issued by the News Broadcasting & Digital Standards Authority (NBDSA) in favour of activist Indrajeet Ghorpade, who had complaint against a show broadcasted by News18 India. The complaint centres on a controversial program aired by News18 on July 9, 2023, featuring an interview with Dhirendra Krishna Shastri, a religious preacher, known for his contentious and divisive views on faith, supernatural abilities, and controversial religious issues.

The complainant, Ghorpade, had alleged in the complaint that this broadcast violated NBDSA’s regulatory standards, which are designed to prevent content that promotes superstition, glorifies the supernatural, or contributes to religious intolerance. At the heart of the complaint is Shastri’s self-professed supernatural abilities and his inflammatory statements regarding Hindu nationalism and other religions. The program, titled “Baba Bageshwar Exclusive Interview,” is claimed to have allowed Shastri to make statements without adequate disclaimers or counterpoints, which Ghorpade argues could mislead viewers and incite religious disharmony.

The following sections provide a detailed breakdown of the complaint, the broadcaster’s response, the complainant’s counterarguments, and the final ruling by NBDSA.

Issues raised by the complainant

Ghorpade filed the complaint on July 11, 2023, two days after the program aired, citing concerns over how the program presented Shastri’s controversial views without sufficient context or disclaimers. Specifically, Shastri claimed supernatural abilities, stating he could locate missing animals, predict elections, and discover hidden resources, such as diamonds, through mystical means. Additionally, he made bold assertions about converting India into a “Hindu nation” and used language that could be interpreted as inflammatory towards other religious groups.  Ghorpade’s grievance was that News18 India had violated NBDSA’s Code of Ethics by allowing this content, which, he argued, glorified superstition, risked misleading viewers, and potentially incited communal tension.

The complainant raised multiple concerns regarding the nature and content of the broadcast, which, he argued, contained misleading information and reflected bias. He pointed out that the broadcast painted individuals involved in a negative light without sufficient factual basis, potentially damaging their reputations. According to the complaint, the program failed to offer a balanced perspective, choosing instead to highlight certain narratives over others, which resulted in “sensationalism over factual reporting.”

The complaint cited specific examples from the broadcast that allegedly violated NBDSA’s guidelines on impartiality and objectivity. Ghorpade’s submission underscored that the broadcaster’s portrayal was not only inaccurate but was presented in a way that amplified a single viewpoint, neglecting alternative perspectives that were crucial to an unbiased understanding of the issue.

Broadcaster’s submissions

News18 India defended itself by emphasising that the interview with Shastri was live, making it challenging for the anchor to fact-check or control Shastri’s spontaneous statements. The broadcaster argued that the views expressed during the interview were solely those of Shastri and were neither endorsed nor supported by the channel. News18 India also highlighted that Shastri was a prominent figure whose activities had captured public interest, and, as such, there was legitimate news value in covering his perspectives. The channel claimed its anchor made efforts to clarify that Shastri’s claims were personal beliefs and not objective truths.

In addition to this, the broadcaster defended its editorial choices, asserting that the program had been created within the bounds of journalistic freedom and served a legitimate public interest. The broadcaster argued that its intent was to inform viewers about pertinent issues, and it claimed that the broadcast was factually accurate. Furthermore, they maintained that editorial decisions were made in accordance with standard practices, emphasising that the program was not designed to mislead or harm any party involved.

The broadcaster further cited its right to freedom of expression, insisting that its reporting provided a necessary platform for public discourse on critical issues. They claimed that their team had followed due diligence, presenting the story in a responsible manner. According to the broadcaster’s submission, the program’s approach was “consistent with the norms of ethical journalism” and in line with industry standards. 

The complainant’s rebuttal

In response, Ghorpade countered that broadcasters have a responsibility to ensure that the content aired on their platforms does not contravene ethical standards, even if made by guests. He argued that News18 India’s decision to feature Shastri—whose controversial views were widely known—without more stringent oversight, violated NBDSA guidelines. Furthermore, he contended that the program’s lack of sufficient rebuttal or critical questioning could lead viewers to accept Shastri’s supernatural claims as credible. Ghorpade requested strict action against News18 India to reinforce that broadcasters are accountable for the statements of their guests, especially when these statements are divisive or irrational.

Decision of the NBDSA

After carefully considering both the complaint and the broadcaster’s defence, the NBDSA ruled in favour of Ghorpade, finding that the broadcaster had indeed violated its standards. The authority concluded that the program “lacked a balanced approach,” a requirement that is integral to fair and responsible journalism. In the order, the NBDSA remarked that while freedom of the press is vital, it must be exercised with responsibility to avoid harm or misinformation.

The NBDSA instructed the broadcaster to issue a public apology to address the misleading aspects of the broadcast. Additionally, it directed the broadcaster to take corrective actions to prevent similar incidents in the future. “This decision,” the NBDSA stated in its order, “should serve as a reminder to all media organisations about the necessity of upholding ethical journalism standards.” The ruling made it clear that sensationalism should never replace factual reporting, and it emphasised the importance of presenting a balanced narrative.

The Authority noted that broadcasters have the editorial freedom to invite guests; however, this freedom is not without limits. NBDSA found that Shastri’s statements promoting superstition and making divisive religious claims were irresponsible and risked promoting communal disharmony. The Authority criticised the broadcaster for not issuing clear disclaimers and not challenging Mr. Shastri’s claims more rigorously.

As a result, NBDSA issued a warning to News18 India, advising against inviting guests likely to promote superstitious beliefs or socially divisive opinions. It also directed the broadcaster to remove the interview from all digital platforms and confirm this action in writing within seven days. The NBDSA stressed the importance of responsible journalism and reminded News18 India of its obligation to adhere to standards that ensure content does not mislead or promote irrational beliefs.

The NBDSA’s decision in this case underscores the vital role of media accountability and ethical reporting standards in protecting public trust. By ruling in favour of Ghorpade, the NBDSA has reaffirmed that journalistic freedom must be balanced with a commitment to integrity and impartiality. This ruling serves as a precedent, reinforcing that media organisations are responsible for avoiding sensationalism and presenting a fair, balanced view to their audiences. The NBDSA’s order not only addresses Ghorpade’s concerns but also sends a clear message to the media industry regarding the importance of upholding credibility and trust in journalism.

The complete order can be viewed here:

Related:

CJP seeks action against BJP leaders for alleged hate speech amid Jharkhand polls

BJP spreading sea of hatred on social media before Jharkhand elections, ECI mum – shocking facts revealed in research report

Indore Muharram Poster Misunderstood: right-wing claims ‘Ghazwa-e-Hind’ message, despite common tribute

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