SabrangIndia https://sabrangindia.in/ News Related to Human Rights Wed, 04 Feb 2026 12:34:31 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png SabrangIndia https://sabrangindia.in/ 32 32 When Protest becomes a “Threat”: Inside the Supreme Court hearing on Sonam Wangchuk’s NSA detention https://sabrangindia.in/when-protest-becomes-a-threat-inside-the-supreme-court-hearing-on-sonam-wangchuks-nsa-detention/ Wed, 04 Feb 2026 12:34:31 +0000 https://sabrangindia.in/?p=45819 From alleged “Arab Spring inspiration” to missing exculpatory material, the case raises stark questions about preventive detention, free speech, and governance in India’s border regions

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As the Supreme Court continues to hear the habeas corpus challenge to the preventive detention of Ladakh-based social activist, educationist, and climate campaigner Sonam Wangchuk, the Union Government has advanced an extraordinary case: that Wangchuk’s speeches sought to inspire Ladakhi youth by invoking protest movements in Nepal, Bangladesh, Sri Lanka, and the Arab Spring, thereby posing a grave threat to public order and national security in a sensitive border region.

Wangchuk was detained on September 26, 2025, under the National Security Act, 1980 (NSA), following weeks of protests in Ladakh demanding statehood and Sixth Schedule protection—a movement that later spiralled into violence, leading to the deaths of four civilians.

A Bench of Justice Aravind Kumar and Justice P. B. Varale is hearing the Article 32 habeas corpus petition filed by Wangchuk’s wife, Dr Gitanjali Angmo, which challenges the legality of his continued detention. Proceedings have been closely tracked by LiveLaw and other media.

Union’s core defence

  1. Court’s review is procedural, not substantive

Opening arguments for the Union, Solicitor General Tushar Mehta emphasised that judicial scrutiny in preventive detention matters is narrowly circumscribed. The Court, he argued, is not entitled to examine whether the detention was “justified”, but only whether statutory and constitutional procedures were followed so as to ensure fairness to the detenue.

Mehta relied on established precedent to submit that once the detaining authority records subjective satisfaction, courts must exercise restraint.

He further underscored the “inbuilt safeguards” within the NSA:

  • The District Magistrate’s detention order must be confirmed by the State Government; and
  • The detenue has a right to make a representation before an Advisory Board headed by a former High Court judge.

Crucially, Mehta pointed out that Wangchuk has not independently challenged either the confirmation order or the Advisory Board’s opinion, a submission clearly aimed at narrowing the scope of judicial interference.

  1. Dispute Over Supply of Materials: Union calls allegations an “afterthought”

Responding to the petitioner’s contention that four video clips relied upon in the detention order were not supplied to Wangchuk, Mehta rejected the claim as factually incorrect and a belated fabrication.

According to the Union, the service of the detention order itself took nearly four hours, during which a senior police officer personally went through each page of the grounds and the video material, a process that was videographed.

“The DIG Ladakh sits with him, shows him every page, every clip, and asks if he is satisfied. He answers in the affirmative,” Mehta told the Court, offering to place the recording on record if required.

  1. “Borrowed satisfaction” argument rejected

When the Bench raised the argument that the detention order was based on borrowed or mechanically reproduced material, Mehta countered that this misunderstands the nature of preventive detention.

He argued that a District Magistrate is not expected to personally witness each incident but is entitled—indeed required—to rely on inputs placed before him by law enforcement agencies to arrive at subjective satisfaction.

“What the authority must assess is the speech as a whole,” Mehta said, warning against isolating references to non-violence or Gandhian philosophy while ignoring the allegedly inflammatory core.

  1. Union alleges “hope for riot-like situation” in Ladakh

The centrepiece of the Union’s case lies in its reading of Wangchuk’s speeches. According to Mehta, Wangchuk deliberately invoked foreign protest movements to emotionally mobilise young people in Ladakh—a region that shares borders with volatile and geopolitically sensitive areas.

He referred to Wangchuk’s alleged references to:

  • Nepal’s youth-led protests,
  • Political upheavals in Bangladesh and Sri Lanka, and
  • The Arab Spring, where multiple governments were overthrown following mass unrest.

“What is the relevance of Nepal and Ladakh?” Mehta asked. “You are not addressing Gen-Z in isolation—you are hoping for a Nepal-like situation.”

The Solicitor General dismissed Wangchuk’s invocation of Mahatma Gandhi as a rhetorical façade. “Gandhi was resisting an imperial power. He was not instigating violence against his own democratic government,” Mehta argued.

  1. Alleged security concerns and references to self-immolation

The Union further alleged that Wangchuk attempted to create distance between civilians and Indian security forces by lamenting the deployment of armed personnel in Ladakh.

“Security forces become ‘they’, and the people become ‘we’—this is dangerous in a border region,” Mehta submitted.

The most serious allegation concerned Wangchuk’s references to self-immolation, drawn from the Arab Spring narrative.

“This is an invitation to bloodshed,” Mehta claimed, arguing that such examples could incite impressionable youth to extreme and irreversible acts.

Petitioner’s response

  1. Non-consideration of crucial exculpatory material

On behalf of the petitioner, Senior Advocate Kapil Sibal mounted a systematic dismantling of the detention order in earlier hearings.

Sibal argued that the September 24 speech, in which Wangchuk broke his hunger strike and publicly appealed for peace after violence erupted, was the most proximate and relevant material—yet was never placed before the detaining authority.

Its suppression, he argued, vitiates the very foundation of subjective satisfaction, particularly when the speech was publicly available and known to authorities.

  1. Failure to supply relied-upon materials violates Article 22(5)

Sibal further submitted that four key videos, explicitly relied upon in the detention order, were never supplied to Wangchuk along with the grounds of detention, in violation of Article 22(5) of the Constitution and Section 8 of the NSA.

Without access to the complete material, Wangchuk was denied the right to make an effective representation—not merely before the Advisory Board, but also before the government itself.

  1. Section 5A cannot rescue a composite detention order

Rejecting the Union’s reliance on Section 5A of the NSA, Sibal argued that the provision applies only where distinct and independent grounds of detention exist.

Here, he said, the detention rests on a single composite ground, stitched together through selective videos, stale FIRs, and allegedly distorted interpretations.

Relying on Attorney General of India v. Amratlal Prajivandas (1994), Sibal submitted that a chain of events cannot be artificially severed to salvage an otherwise unlawful detention.

  1. Stale FIRs, copy-paste orders, and non-application of mind

Sibal also pointed out that:

  • Several FIRs relied upon date back to 2024,
  • Many are against unknown persons, and
  • Even the FIR registered after the Ladakh violence does not name Wangchuk.

He further demonstrated that the District Magistrate reproduced the Superintendent of Police’s recommendation verbatim, betraying a mechanical exercise of power rather than independent application of mind.

  1. Allegations of anti-army rhetoric and plebiscite “completely false”

Addressing allegations that Wangchuk discouraged civilians from assisting the Indian Army during wartime, Sibal said the claim was entirely false, arising from mistranslation or deliberate distortion.

He quoted Wangchuk as urging Ladakhis not to mix political grievances with national defence, and to stand by the country during any external conflict.

Similar distortions, Sibal argued, were made regarding:

  • Alleged support for plebiscite, and
  • Claims of disrespect toward a Hindu goddess—both of which he described as manufactured narratives, widely debunked by fact-checkers.

Health, custody, and court-ordered medical care

Amidst these proceedings, concerns over Wangchuk’s health have also engaged the Court’s attention.

On January 29, the Supreme Court directed that Wangchuk be examined by a specialist gastroenterologist at a government hospital, after he complained of persistent stomach pain during his detention.

He was subsequently taken to AIIMS Jodhpur on January 31, where he underwent medical tests. While jail authorities claimed he had been examined 21 times, the Court accepted that specialist care was warranted and sought a report by February 2.

Voices Outside Court: Gitanjali Angmo speaks

Speaking to The News Minute at the Mathrubhumi International Festival of Letters in Thiruvananthapuram, Dr Gitanjali Angmo framed her husband’s detention as an attempt to silence a sustained and principled critique of how Ladakh is being governed after the abrogation of Article 370. She suggested that Sonam Wangchuk’s insistence on environmental safeguards and public participation in decision-making had increasingly placed him at odds with a governance model driven by centralised authority rather than local consent.

Dr Angmo emphasised that Ladakh’s demands for statehood and Sixth Schedule protection were neither sudden nor radical, but rooted in the region’s fragile ecology, high-altitude geography, and distinct cultural identity. With temperatures plunging to sub-zero levels and ecosystems highly vulnerable to disruption, she argued that policies designed for the rest of India cannot be mechanically applied to Ladakh without severe consequences for both people and environment.

She cautioned against what she described as a “one-size-fits-all” approach to governance, warning that excessive centralisation risks erasing India’s constitutional commitment to diversity and federal balance. India, she noted, has historically functioned as a plural federation, united not by uniformity but by accommodation of difference—a principle she fears is being steadily undermined.

Rejecting any suggestion that Wangchuk’s activism was anti-national, Dr Angmo characterised his work as firmly anchored in constitutional values and long-term national interest. She alleged that his speeches were selectively excerpted and stripped of context, while his repeated appeals for peace and unity were ignored, creating a distorted narrative that portrayed dissent as a security threat.

In Dr Angmo’s account, the case transcends the legality of one preventive detention and raises a deeper question about the health of Indian democracy. When region-specific political demands and environmental concerns are met with the extraordinary power of preventive detention, she suggested, it signals a troubling intolerance for dissent—particularly from India’s geographic and political margins.

A growing constitutional unease

As the hearings unfold, the case has come to symbolise a broader constitutional tension: the use of preventive detention laws against political dissent, particularly in regions demanding greater autonomy and constitutional safeguards.

At its core lies a troubling question—can references to global protest movements, stripped of context and divorced from subsequent calls for peace, justify the extraordinary power of preventive detention?

Wangchuk, notably, was detained two days after publicly calling for calm, breaking his fast, and dissociating himself from violence. The leap from that moment to the conclusion that he posed an imminent threat to national security remains at the heart of the Court’s scrutiny.

In a constitutional democracy, where preventive detention is meant to be the exception rather than the rule, the outcome of this case may well define the line between legitimate security concerns and the impermissible criminalisation of dissent.

Further hearings are awaited.

Orders of the said case may be read below.

 

Related:

How the Centre used a ‘Draconian’ law to silence Sonam Wangchuk and Ladakh’s aspirations

A victory for Ladakh’s voices: Sonam Wangchuk and Ladakhi activists break 16-day fast as union government agrees to renew talks on demands

Centre cancels FCRA licence of Sonam Wangchuk’s NGO, cites violations including study on ‘sovereignty’

Gen‑Z’s furious stand for Ladakh statehood, centre blames Sonam Wangchuk for violence incitement

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Hate Speech Before the Supreme Court: From judicial activism to institutional closure https://sabrangindia.in/hate-speech-before-the-supreme-court-from-judicial-activism-to-institutional-closure/ Wed, 04 Feb 2026 09:37:02 +0000 https://sabrangindia.in/?p=45813 How a six-year constitutional conversation — spanning ‘Corona Jihad’, ‘UPSC Jihad’, Dharam Sansads, contempt petitions, and preventive policing — culminated in the Supreme Court reserving orders and closing most hate-speech cases

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On January 20, the Supreme Court of India reserved orders on a batch of writ petitions concerning hate speech, signalling what may be the end of a prolonged and unusually intensive phase of judicial engagement with hate speech as a constitutional problem.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta indicated that all matters in the batch would be closed, while explicitly preserving the liberty of parties to pursue other remedies under law. One case alone—Kazeem Ahmad Sherwani v. State of Uttar Pradesh and Ors.—was kept pending, limited to monitoring the progress of trial and allied proceedings arising out of a 2021 alleged hate crime against a Muslim cleric in Noida.

The January 20 hearing was not merely procedural. It functioned as a consolidated reckoning—bringing together nearly every strand of hate-speech litigation that has occupied the Court since 2020, and laying bare the Court’s evolving understanding of its own role, the limits of judicial supervision, and the persistent failures of enforcement.

The Beginning: 2020 and the turn to the Supreme Court

The present batch of cases originated in 2020, at a moment when hate speech entered the Supreme Court not as a marginal criminal issue, but as a structural constitutional concern.

The immediate triggers were:

  • The “Corona Jihad” campaign during the COVID-19 pandemic, which communalised disease and cast Muslims as biological and civic threats; and
  • Sudarshan TV’s “UPSC Jihad” programme, which alleged a conspiracy by Muslim candidates to infiltrate the civil services.

Petitioners argued that these narratives violated equality, dignity, and fraternity, and that State authorities had either failed to act or were complicit through inaction.

In 2020, the Supreme Court intervened to restrain the telecast of the “UPSC Jihad” programme, marking an early acknowledgment that certain forms of hate speech—especially when amplified through mass media—implicate constitutional values beyond ordinary criminal law.

This was the Court’s first decisive signal that hate speech would not be treated merely as offensive expression, but as conduct capable of restructuring social hierarchies and legitimising exclusion.

Expansion of the Docket: Dharam Sansads and genocidal speech (2021–2022)

The hate-speech docket expanded dramatically in 2021–22, following Dharam Sansad events and religious gatherings where speakers openly called for:

  • Violence against Muslims,
  • Economic boycotts,
  • Armed mobilisation, and
  • Genocide.

Petitions by Qurban Ali, Major General S.G. Vombatkere, journalists, civil liberties organisations, and religious bodies highlighted a disturbing pattern:

  • Hate speech events were openly announced,
  • Police often granted permission or remained passive, and
  • FIRs, if registered at all, rarely resulted in arrests or prosecutions.

This phase forced the Court to confront not isolated speeches, but a systemic failure of enforcement.

October 2022: The Court steps in

In October 2022, the Supreme Court issued what remains its most consequential intervention on hate speech.

The Court directed that police authorities must register FIRs suo moto in cases involving:

  • Promotion of communal hatred, or
  • Offending religious sentiments,

without waiting for a formal complaint. Failure to act, the Court warned, would invite contempt proceedings.

The reasoning was explicit: Hate speech strikes at fraternity, corrodes secularism, and threatens constitutional morality. It cannot be left to the discretion of local authorities who may be unwilling to act.

This order marked the Court’s shift from reactive adjudication to supervisory constitutional enforcement.

2023: Nationwide application and preventive policing

In April 2023, the Supreme Court extended its October 2022 directions to all States and Union Territories, making clear that:

  • The obligation to act was nationwide;
  • Enforcement must be religion-neutral; and
  • Police must act proactively, not defensively.

Throughout 2023, the Court:

  • Passed preventive orders ahead of announced rallies,
  • Directed videography of events,
  • Required status reports on FIRs and investigations,
  • Entertained contempt petitions alleging non-compliance.

The Court also began drawing upon its Tehseen Poonawalla (2018) jurisprudence on mob lynching, exploring whether similar preventive, remedial, and punitive frameworks could be adapted to hate speech.

Yet even as directions multiplied, enforcement remained uneven—setting the stage for judicial introspection. Across these six years, the Court was not operating in an evidentiary vacuum. Ground-level documentation repeatedly entered the record, including through material placed by Citizens for Justice and Peace (CJP) under its Hate Watch (HW) programme. These compilations drew from verified complaints filed by CJP across multiple States before police authorities, district administrations, minority commissions, and other statutory bodies. The same may be accessed here.

During various hearings, this data—reflecting patterns of non-registration of FIRs, selective enforcement, delayed action, and repeat offending by the same speakers—was intermittently brought to the Court’s attention. The material served a dual function: it both corroborated petitioners’ claims of systemic enforcement failure and demonstrated that hate speech was not episodic, but embedded in everyday administrative practice. While the Court acknowledged these inputs at different stages, their presence underscored a recurring tension in the proceedings: between empirical evidence of ground-level inertia and the Court’s increasing reluctance to continue long-term supervisory engagement.

Recalibration: “We cannot monitor the entire country” (2024–2025)

By late 2024 and 2025, a notable shift occurred.

Benches—including Justice Vikram Nath and Justice Sandeep Mehta—began articulating concern that the Supreme Court:

  • Could not act as a permanent national monitoring authority;
  • Could not substitute itself for police stations, magistrates, and High Courts; and
  • Would not legislate from the bench in the absence of parliamentary action.

This was not a repudiation of earlier orders, but a recognition of institutional limits: judicial directions had reached their ceiling without corresponding executive will. The trajectory of this batch of litigation—from its inception as a broad constitutional intervention to its present narrowing—mirrors a discernible shift in the Supreme Court’s jurisprudence when confronted with complex societal harms. What began as a wide-ranging judicial attempt to frame hate speech as a threat to fraternity, secularism, and constitutional morality gradually contracted into a posture of institutional restraint, marked by repeated assertions of jurisdictional and functional limits.

Over time, the Court’s role evolved from norm-setting and preventive oversight to a more confined emphasis on statutory remedies, executive responsibility, and case-specific adjudication. The impending closure of most petitions reflects not a denial of the harm caused by hate speech, but a judicial recalibration—signalling that the enforcement deficit cannot indefinitely be remedied through continuing mandamus. This recalibration forms the immediate backdrop to the January 20 hearing.

January 20 Hearing: A comprehensive closing of the docket

The January 20 hearing brought together every unresolved dimension of the hate-speech litigation. At the outset, the Bench indicated that it was inclined to:

  • Close all connected matters, and
  • Leave parties free to pursue statutory and constitutional remedies elsewhere.

The sole exception would be Kazeem Ahmad Sherwani, which involved a concrete hate crime and an ongoing criminal process.

Arguments of the petitioners

  1. The problem is enforcement, not law: Advocate Nizam Pasha, appearing for Qurban Ali, made a central submission:

The crisis is not legal inadequacy, but institutional reluctance—especially when alleged offenders are linked to the ruling establishment.

He argued that:

  • Hate speech events are often advertised in advance;
  • When the Court previously intervened, events were cancelled or toned down, proving the effectiveness of oversight;
  • The same habitual offenders operate across States;
  • FIRs are registered but arrests and follow-up are absent, enabling repetition.

Pasha also referred to an application seeking takedown of an AI-generated video, allegedly circulated by the BJP’s Assam unit, portraying Muslims as poised to overtake the State if the party lost elections. He argued that hate speech frequently prefigures hate crime, calling for precisely the acts that later occur.

  1. Hate speech as a constitutional tort: Advocate Sharukh Alam, appearing in Kazeem Ahmad Sherwani, urged the Court to reject the framing of hate speech as merely a law-and-order problem.

She argued that:

  • Hate speech entrenches discrimination and exclusion;
  • It should be understood as a constitutional tort, engaging Articles 14, 15, and 21;
  • In the Noida case, the Maulana was stripped and assaulted because of his religious identity.

The State of Uttar Pradesh denied the hate-crime characterisation, stating that:

  • A chargesheet had been filed,
  • Trial was underway, and
  • Departmental action had been taken.

The Bench decided to retain this matter alone, limited to monitoring progress.

  1. The sanction question: Senior Advocate Siddharth Aggarwal, appearing for Brinda Karat, raised a distinct legal issue: Whether prior sanction is required at the FIR stage, a view adopted by a Magistrate and upheld by the Delhi High Court.

Aggarwal argued that:

  • Sanction is required only at the cognisance stage, not for FIR registration;
  • The issue is pending reference in Manju Surana.

Justice Vikram Nath asked him to submit a brief note, recognising the issue’s doctrinal importance.

  1. Media, elections, and civil liberties:
  • Senior Advocate M.R. Shamshad (Jamiat Ulema-i-Hind) highlighted the growing targeting of religious personalities, with FIRs refused on erroneous sanction grounds.
  • Advocate Amit Pai cited failure to register FIRs even in cases of casteist speech by elected officials.
  • Senior Advocate Sanjay Parekh (PUCL) recalled the Court’s earlier reliance on Tehseen Poonawalla, while acknowledging the need for adaptation.
  • Senior Advocate Sanjay Hegde, as amicus curiae, posed a structural question: Can hate speech be meaningfully curbed when social-media and broadcast platforms profit from virality?

State and institutional responses

  • ASG S.V. Raju claimed substantial compliance, stating FIRs were registered in most cited cases.
  • NBDA sought to be heard, citing self-regulatory guidelines.
  • Election Commission, through Senior Advocate Dama Seshadri Naidu, stated it already had enforcement mechanisms and was open to strengthening them.

The court’s direction

After hearing all parties, the Bench:

  • Directed brief written notes within two weeks,
  • Reserved orders,
  • Ordered closure of all matters except Kazeem Ahmad Sherwani, which will continue on the next date.

Conclusion: What January 20 ultimately signals

From restraining a television programme in 2020, to mandating suo motu FIRs nationwide, to threatening contempt, the Supreme Court spent nearly six years attempting to compel the State to confront hate speech as a constitutional harm.

The January 20 hearing marks an institutional conclusion: the Court has articulated the law; enforcement must now occur elsewhere.

Yet the decision to keep Kazeem Ahmad Sherwani alive—and to seek notes on unresolved legal questions—suggests that the Court has not abandoned the field entirely. It has instead stepped back from continuous supervision, leaving behind a dense jurisprudential trail that future courts, litigants, and lawmakers will have to grapple with.

As matters stand, the Supreme Court has reserved orders, directed the filing of brief notes, and indicated closure of all but one surviving case. Final orders are imminent, and with them, a formal conclusion to one of the Court’s longest-running engagements with hate speech as a constitutional issue. Whether this moment comes to be seen as a principled withdrawal in deference to institutional boundaries—or as a premature retreat from constitutional guardianship—will depend less on the text of the final order, and more on what follows on the ground. Whether this represents constitutional restraint or constitutional retreat is a question that will outlive this batch of cases.

Detailed reports of these matters may be read here and here.

 

Related:

When Genocide is provoked from the Stage: Raebareli hate speeches, Bhagalpur dog whistles, and a delayed FIR

The Politics of Processions: How the Sanatan Ekta Padyatra amplified hate speech in plain sight

The Orchestrated Extremism: An analysis of communal hate speech in India’s election cycle (2024–2025)

CJP urges NCM action against hate speech campaign vilifying Bengali Muslims as ‘Infiltrators’

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Indian Agriculture: Between the 2026 Union budget & US-India trade deal, a huge setback for Indian farmers https://sabrangindia.in/indian-agriculture-between-the-2026-union-budget-us-india-trade-deal-a-huge-setback-for-indian-farmers/ Tue, 03 Feb 2026 12:30:18 +0000 https://sabrangindia.in/?p=45806 While the Indian corporate media has hailed the reduction of tariffs to the US, now at 18 per cent (still up from the previous single digit figures), it is the blanket non-tariff barriers to US agriculture goods that will hit Indian farmers hard

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The Tuesday February 2 announcement of a trade deal between the US and India has generated one-sided even blinkered euphoria in the corporate media. As this reflects whose interests they reflect.

Is this euphoria justified when we look at the interests of Indian farmers and workers? Seen together with a much criticised 2026 Union Budget by Farmers Unions and organisations. India is likely to witness more rounds of nationwide protests.

One,details of the agreement are not yet available. It is only when the full scope and details of the trade deal are available, one can make a proper assessment.

However, the announcement made by the US President Donald Trump on his
social media accounts indicate that Indian goods imports will face a 18 per cent tariff, while India reduces tariffs and non-tariff barriers on US goods to zero.

What does this one-sided deal mean? Eliminating tariffs will or may result in the flooding the country with US goods which will adversely affect industries and workers’ livelihoods. Removal of non-tariff barriers would mean eliminating subsidies and other measures, which protect and support Indian farmers.

Moreover. Trump has claimed that India has agreed to stop buying Russian oil and committed to buy $500 billion worth of US energy, technology and farm products. This, if true, shows up the highly unequal nature of the trade deal with India in a subordinate position, circumscribing its sovereignty.

Farmers unions, analysts and experts are now demanding that the government place the full trade agreement in the Parliament and in the public domain, so that there is a thorough discussion. Any harmful provisions must be rescinded to protect the interests of Indian industry, agriculture and working people.

Sharp Criticism of 2026 Union Budget, Agriculture Finds No Presence in the Union Budget by the All India Kisan Sanghatana (AIKS). Questioning the absence of any proposals for loan waivers and sharply criticising the reduction in fertilizer subsidy by Rs.15679 crores, the AIKS has called upon farmers to burn copies of the anti-farmer, anti-federal budget on February 3 across the country*

In a press note issued, AIKS states that, the Union Budget 2026-27 fails yet again to present any commitment towards the strategic regeneration of agriculture- the most crucial livelihood sector for the Indian people. Agriculture was largely ignored by the Finance Minister in her budget speech, small and marginal farmers were mentioned just once, while there was a conspicuous absence of any mention of rural labour. The budgetary figures echo this neglect.

According to the Economic Survey presented this week by the Union government, the average growth rate of agriculture in 2025 saw a fall. The growth rate registered in the previous quarter was 3.5 per cent, against the decadal average growth rate of 4.45 per cent.

Crop production witnessed the most drastic fall. Given this context of stagnation in the agriculture sector, it was expected that the Union Budget 2026-27 will deliver some relief and momentum. However, the Budget disappoints once again.

The total budget allocated to the Ministry of Agriculture and Farmers Welfare at about 1.40 Lakh Cr., is just a 5.3 per cent increase in nominal terms from the Revised Estimate 2025-26. Accounting for inflation, this implies that the real allocation to agriculture has not seen any substantial growth.

The Economic Survey also recognised that the yield rates of various crops including cereals, maize, soybean, and pulses continue to trail behind the global averages, making Indian production uneconomic.

However, according to the AIKS. The Budget fails in terms of providing any additional support to boost agriculture research and development.

Despite the Finance Minister mentioning enhancing agriculture productivity as a kartavya, the budgetary allocation to the Department of Agricultural Research and Education has been reduced from 10281 crores Revised Estimate (RE) 2025-26 to 9967 crores (BE 2026-27).

The rhetoric on investing in cash crops continued even in this year’s budget. The speech underlined a focus on coconut, cocoa, cashew, nuts, and sandalwood. However, in reality, missions such as Cotton Technology Mission, Mission on Pulses, Hybrid Seeds, and Makhana Board, introduced in the past, find no mention in the budgetary figures.

Talking of relief to farmers, the budget presents no remarkable proposal. The subsidy on fertilizers has seen a reduction from 186460 crores (RE 2025-26) to 170781 crores (BE 2025-26). Food subsidy has also seen a reduction from the revised estimates of previous year.

There was no mention of the MGNREGS scheme or even the newly passed VB-GRamG scheme in the budget speech, which indicates the total dismissal of the significance of rural employment.

VB-GRamG scheme has been allocated 95692 crores; however, this allocation is subject to the clause of 40 per cent mandatory state funding. 60 percent of the allocated budget under VBGRamG is 57,415 crores, which is drastically less than the 88000 crores allocated to MGNREGS under RE 2025-26. This means for the new scheme to function at the previous level, State governments have to bear the burden of 38,277 crores!

As per the economic review 2025-26, the number of states with surplus has been reduced from 19 in 2018-19 to 11 in 2023-24. The states are demanding 50% share of the divisible pool but the 16th Finance Commission has proposed 41% only. The state governments without financial autonomy will not be able to find adequate funds to support the employment guarantee scheme and even the average 47 days of employment under MGNREGS will not be available for the rural people this year under VB GRAMG Act. It is a gross assault on the rural workers and peasants as well as violation of the federal rights. This is not acceptable to the peasantry.

AIKS: The only major announcement concerning rural employment was the Mahatma Gandhi Gram Swaraj Yojana, promoting village industries; however, no significant financial allocations were made.

Among the Agriculture and Allied sectors, the only significant budgetary allocation has been made under Animal Husbandry and Dairying, from 5303 crores (RE 2025-26) to 6135 crores (BE 2026-27). However, here again the thrust has been on expansion of credit-infused veterinary hospitals, breeding in the private sector and garnering foreign investments.

The AIKS has called upon the farmers, rural workers and the people at large to strongly protest against the anti-farmer, anti-worker, anti-federal budget by burning copies in villages and tehsils on February 3, 2026 or any subsequent day. AIKS also appeals to all to ensure the General Strike on February 12 will be a great success and will reflect the anger against the anti-people Union Budget 2026-27.

Related:

As heat waves intensify in India, some inspiring examples of how small budget efforts conserve water, big time

ASHA Union Demands Hike in NHM Funds in Union Budget 2025, Social Security Benefits

Thousands of NREGA workers urge Modi to resume work in West Bengal, contribute to State Budget

 

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Hidden Histories: A rare memory of the struggle for freedom in a Himalayan kingdom https://sabrangindia.in/hidden-histories-a-rare-memory-of-the-struggle-for-freedom-in-a-himalayan-kingdom/ Tue, 03 Feb 2026 07:47:06 +0000 https://sabrangindia.in/?p=45802 While large parts of modern India’s contribution to the sub-continent’s struggle for freedom find place in historical accounts, the author tracks this unreported hidden struggle against colonial yoke in the Himalayan kingdom of Tehri 

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While the literature on India’s highly inspirational freedom movement is rich and diverse as far as the struggles and movements of the area directly under colonial rule are concerned, the struggles which took place in the areas ruled nominally by kings and princes who functioned indirectly under the British colonial rule have been under-reported. In these areas if the people revolted they had to often, face the combined repression of the royal and feudal forces along with the colonial forces. A glaring example of this is the most horrible repression of the struggle of bheel tribal communities of central India led by Govind Guru at Maangarh where a massacre much bigger than that of Jalianwala Bagh took place.

Struggles such as these deserve wider attention also because of the highly inspirational leaders who led some of these struggles but whose stories have not been adequately told. Apart from Govind Guru from Rajasthan, one of the most inspiring and courageous such leaders was Sridev Suman. A follower of Mahatma Gandhi, in normal times Suman attracted many people with his pleasing personality and soft manners. He was also a poet and a writer. However, when cruel repression was unleashed, he revealed the amazing strength of his commitments by refusing to compromise despite facing brutal torture and sacrificing his life in jail at a very young age (29 years).

Suman attained martyrdom in the very courageous struggles against exploitation and for freedom in the distant Himalayan kingdom of Tehri. There are several other highly courageous chapters of the freedom struggle of Tehri.

Soon after independence, Sunderlal Bahuguna had edited a small book on these various struggles of Tehri, which was published by Satya Prasad Raturi who as a teacher had played a role in mobilizing students during the freedom movement days. Most people know Sunderlal mainly for chipko and environment activism, but he was also a freedom fighter and follower (perhaps it is better to say worshipper) of Suman. After independence he was in a leadership role and with his strong inclination for writing about movements and struggles, planned this book titled Baagi Tehri (Rebel Tehri) on the struggles of the freedom movement in Tehri (including various struggles against exploitation). The essays and memoirs included in this book can be trusted for their authenticity as these were written soon after the events by those who were leading participants in these struggles or who were well informed on these issues.

This book was first published in 1948 but had not been available in recent years. After the passing away of Sunderlal Bahuguna, his daughter Madhu Pathak started searching for this book and finally found this with the help of two members of the family of the original publisher—Urmila and Prerna. Encouraged by her mother Vimla, Madhu started making efforts for the re-publication of this book with some additions. Thus in its new form, this book has been published by a leading publisher of Dehradun Samaya Sakshaya very recently in 2026 under the same title but by adding significant portions from the diary of Sunderlal Bahuguna written during those times. This has added further to the value of this book, as Sunderlal was a direct participant in some of the events of these struggles. For those interested in his early life also, these pages of his diary will be useful and interesting. Not many people know that following his participation in early struggles of Tehri and an early jail sentence at a very young age, to escape a second imprisonment he escaped to Lahore where he tried to study further by concealing his real identity. However, the police caught up with him and he had to flee again, finding safety in a village for some time. Some of these episodes I have also related in my biographies of Vimla and Sunderlal Bahuguna.

This book tells us about several important struggles such as Saklana’s struggle against exploitation and the farmers’ movement of Dang Chaura. These reports have tales of the greatest courage in very difficult and adverse circumstances. These should be more widely known and this book in its new form makes an important contribution to taking these stories to many more readers including young readers of a new generation.

The writer is Honorary Convener, Campaign to Save Earth Now. His recent books include Protecting Earth for Children, Man over Machine, A Day in 2071 and Guardians of the Himalayas—Vimla and Sunderlal Bahuguna.


Related:

Light a lamp of hope in 2026

Strengthening indigenous communities means protection of the environment 

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Five Things Mamata Banerjee Said After Meeting CEC Over SIR https://sabrangindia.in/five-things-mamata-banerjee-said-after-meeting-cec-over-sir/ Tue, 03 Feb 2026 05:39:11 +0000 https://sabrangindia.in/?p=45798 In November, the chief minister had asked the CEC to halt the SIR in the poll-bound state, claiming that the BLOs had not been provided adequate training, support or time.

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New Delhi: Accusing the election commission of “parroting” the Bharatiya Janata Party (BJP)’s line as she walked out of the chief election commissioner Gyanesh Kumar’s office on Monday (February 2), West Bengal chief minister Mamata Banerjee told the press outside that she felt “insulted and humiliated” and has “boycotted” him.

The chief minister had held a meeting with the CEC today in Delhi over the issue of deleted names from draft electoral rolls during ongoing special intensive revision (SIR). She was accompanied by Trinamool Congress MPs and 12 voters from West Bengal – five of whom were declared dead and had their names deleted from the rolls. The delegation, including Banerjee, wore black shawls on as a mark of protest.

In November, she had asked the CEC to halt the SIR in the poll-bound state, claiming that the BLOs had not been provided adequate training, support or time.

“I have been involved in Delhi’s politics for a long period of time…But I have never seen such an Election Commissioner. He is extremely arrogant. He is a great liar. I said that I respect your chair. I said that no chair is permanent for anyone. One day, you too will have to go. Don’t create this precedent,” she said, addressing the media after the meeting.

She claimed that the EC was using artificial intelligence (AI) to remove names from the list and that was the reason behind the discrepancies. She also claimed that “only Bengalis” were being targeted.

Here are five things she said while speaking to the media:

1. ‘Why Bengalis?’

“Why are only Bengalis being targeted? In a democracy, elections are a festival,” Banerjee asked, claiming that 58 lakh voters had been removed from the rolls without being given a chance to defend themselves.

She further questioned why the SIR exercise was not being conducted in BJP-ruled states and was limited to opposition-ruled West Bengal, Tamil Nadu and Kerala. She said her party did not oppose SIR in principle, but it should not have been carried out in the hurried manner as it is being conducted.

“SIR didn’t happen in Assam since there is a BJP government. You didn’t carry out SIR in the north-eastern states. SIR happened in Bengal, Kerala, and Tamil Nadu. In BJP-ruled states, you will get the time to put everyone’s name on the voter list,” she said, alleging more mismatches and mismapping in the opposition states.

2. ‘Using AI’

The chief minister alleged that it was not the EC handling the revision but BJP IT cell, who were “using AI” to delete names from the rolls.

“Who is doing this using AI? It is nobody from the EC. It is being done by the BJP IT cell. Even when a murderer doesn’t get a lawyer and pleads to the judiciary to defend himself, he is allowed to do so. But, you removed 58 lakh voters in the very beginning through Seema Khanna (EC’s IT expert) and the use of AI,” she said.

She highlighted that in several cases of deleted names, the issue was that the English surname did not match with the Bengali surname.

“I write Mamata Banerjee in English. However, in Bengali, I write Mamata Bandhopadhyay. Chatterjee in English is Chattopadhyay in Bengali. In this way, it [the ECI] has removed all the names that it could not understand [as being the same],” she said.

“It is fine that duplicate voters have been removed. We also highlighted duplicate cases last year. That should have been rectified, and the names of genuine voters should have stayed,” she said.

3. Minorities affected, elderly hassled; BLOs died

She added that this was affecting women who have changed their surname after marriage, the young generation and minorities, including Muslims, SCs and STs.

Banerjee questioned why the documents listed for verification were not being allowed for SIR in Bengal. “In every state, domicile certificates, land certificates, Aadhaar cards, land records, and matriculation certificates are allowed. None of these documents are recognised in Bengal for the SIR process. People in Bengal are carrying trunks full of documents, yet they are put into the ‘not found’ category in terms of evidence,” she said.

She also raised the issue of elderly harassment, pointing out that the elderly people were “being taken to the hearing venue in ambulances”, “made to wait futilely for 8-10 hours before they are sent back”.

She also pointed out that institutional delivery was rare earlier that many people are unable to retrieve their parent’s birth certificates, etc.

“Ask your PM if he has his parents’ birth certificates. Could Atal ji have been able to provide his birth certificate had he been alive today? Ask Advani ji if he can provide the dates of birth of his parents,” she said, calling the SIR process “totally undemocratic and unparliamentary”

Raising the issue of BLO suicides, the chief minister claimed that the BLOs died as they were “threatened and terrified” by the officers.

Banerjee has previously also criticised the situation in which BLOs across West Bengal were reportedly working. Many have alleged they are being forced to distribute hundreds of forms daily, then digitally upload them despite repeated server failures and poor technical infrastructure.

4. ‘Will face consequences like Dhankhar’

Banerjee told the media that she told CEC Kumar that he will “also face consequences like Dhankhar”, for “working at the behest of the BJP”.

Notably, before becoming the vice president, Jagdeep Dhankhar, as West Bengal’s governor, was often embroiled in public spats with Banerjee and the TMC.

“You are not doing inclusion; you are doing deletion. After removing 58 lakh voters, you have planned to remove another 1.4 crore voters. That means you have put 2 crore voters under the mismatch and mismap category,” she alleged.

5.’Boycotting CEC, not elections’

The chief minister said that the party has “boycotted” Kumar because he “insulted and humiliated” them. She also alleged that the CEC did not respond to her letters, and also went against the Supreme Court judgement.

However, she said she will not “commit the mistake” of boycotting the elections.

“We will not boycott the elections. We will not commit this mistake. We will fight and win. They have captured our administration for the last six months. They are not letting us do any work. It’s just like President’s Rule. Bengal is being targeted. Till he [the CEC] is sitting on that chair, he is going to be a threat to the country.”

“My allegation is against only one person. I respect the chair. I said that I have faith in him, and that is why we came. But he is not ready to listen. He does whatever the BJP instructs him to do.”

Courtesy: The Wire

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Parade of Public Shaming: How Rajasthan police’s illegal “arrest rituals” replace due process with public defilement https://sabrangindia.in/parade-of-public-shaming-how-rajasthan-polices-illegal-arrest-rituals-replace-due-process-with-public-defilement/ Tue, 03 Feb 2026 05:02:37 +0000 https://sabrangindia.in/?p=45794 In open defiance of law, Supreme Court guidelines, and even their own DGP’s orders, Rajasthan Police have normalised the public parading of accused and suspects, turning due process into a degrading public spectacle—an illegality repeated through 2025 with the state’s top police office remaining silent

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A stark contradiction now exists between the constitutional mandate on the statute books and our jurisprudence and the extra-constitutional ‘rituals’ practiced by police on the streets of Rajasthan. A layered analysis through 2025, based on media reports reveals recurring and disturbing patterns.

We have been observing the systemic normalisation of public shaming—a practice where police, not the judiciary, effectively deliver a public verdict. This is not due process; it is a coercive performance of degradation, rendering the principle of ‘innocent until proven guilty’ a fiction in practice. The evidence compiled herein is clear, suspects, who should still be shielded by the presumption of innocence, are paraded before cameras and crowds. They are forced into women’s clothes in a calculated act of gendered humiliation. Their heads are forcibly shaved. They are marched down roads with visible and severe injuries; limping on fractured legs or, in some cases, even made to crawl on the road!

This conduct is not the sporadic egregious misconduct of a few officers. It is a defiant, systemic practice that stands in direct contravention of established law. It squarely violates the unambiguous prohibitions set by the Hon’ble Supreme Court in Prem Shankar Shukla v. Delhi Administration (1980) SCC (3) 526 It is a profound violation of Article 21 of the Constitution, which guarantees every person—accused or not—the right to life and human dignity.

Significantly, this recurring illegality continues in open defiance of advisories from the Ministry of Home Affairs and the Rajasthan DGP’s own circulars forbidding these very acts. The state’s top police leadership, by failing to enforce its own directives, has transitioned from silent spectator to complicit enabler. This resource is a legal examination of this practice. It details how the instruments of law are being perverted to enact a form of public justice, replacing the sanctity of the courtroom with the irreversible, prejudicial judgment of the crowd.

A map of humiliation: the state-wide trend of extra-legal parades

The colonial practice to parade accused before public and media as some hunted animal trophy is worst form of abuse of human rights of an individual. The British adopted this practice to ensure that the people of India remain fearful and subservient to handful of foreign rulers (who’s police forces were trained to turn against their own). In large part, they were successful in ensuring brute control, but that such tendencies should spiral in free ‘democratic India?

Shockingly, these extra-legal “arrest rituals” are not isolated incidents but part of a systemic practice across Rajasthan this past year that our team has documented. We present a detailed legal analysis.

  1. Gendered humiliation as punishment

Few practices reveal the collapse of constitutional restraint more starkly than the police’s resort to gendered humiliation as a tool of punishment. Across Rajasthan, police officers have repeatedly turned to misogynistic tropes—forcing accused men into women’s clothing, half-shaving their heads, and parading them before jeering crowds—as instruments of moral retribution rather than lawful procedure. These acts, staged in full public view were documented through 2025. Often, they were visually documented for social media dissemination. These unlawful acts are not by any means, spontaneous lapses of discipline. They represent a conscious performance of power—where masculinity, shame, and violence are choreographed into public spectacle.

Even when the police claim that the accused were found disguised in women’s clothes at the time of arrest, such an explanation cannot justify their public parading in the same attire. The act of displaying them before crowds in those clothes—long after custody has been secured—serves no investigative purpose. It is an act of deliberate humiliation, stripped of any legal rationale, and therefore per se illegal. It transforms supposed evidence of arrest into a spectacle of degradation, meant to mock rather than prosecute.

The incidents that follow demonstrate how the police have systematically weaponised gender stereotypes to degrade the accused. In Sikar, Udaipur, Nagaur, Jhunjhunu, and Dausa, law enforcement transformed arrests into orchestrated parades of humiliation, targeting not only the individual’s liberty but their dignity itself. Each case exposes how gendered humiliation has evolved into an informal yet recurring mode of punishment—public, performative, and patently unlawful.

  • Sikar: After arresting two men for allegedly killing a bull by running it over with an SUV on October 1, 2025, Nechwa police subjected them to such degradation. Claiming the men were found hiding in women’s clothes, officers half-shaved their heads and then paraded them through the public market, forcing them to wear women’s nightgowns. This spectacle was designed to incite public anger, with crowds reportedly shouting for the men to be hanged. (Report in Dainik Bhaskar).


Image Credit: Dainik Bhaskar 

Departmental endorsement of Sikar Police’s illegal parade

This defiance of law is not merely a station-level anomaly, it is amplified by a glaring departmental contradiction, perfectly captured by the Sikar parade incident.

This illegal parade, designed to incite public anger, was then officially endorsed by the force’s public relations arm. Despite internal directives from the DGP (such as the detailed SOP dated September 21, 2023) explicitly forbidding such acts of humiliation, the official @PoliceRajasthan social media handle broadcast a video of this very parade. It was framed as a righteous act, captioned, “Rajasthan Police: A befitting reply to human cruelty”, thereby publicly celebrating a blatant violation of law as a policy success.

  • Udaipur: Five men arrested by Hathipole police for rioting and assault with a sword were paraded on November 1 in a manner clearly intended to humiliate. Justifying the act with the claim that the accused were planning to flee in female attire, police forced all five to dress in women’s clothes. To amplify the shame, they were made to wear placards around their necks with slogans like “I am a burden on society” and “I am a criminal” as they were marched through the city. (Report in The Mooknayak).


Image Credit: The Mooknayak

  • Nagaur: On August 1, in Merta town, three men accused of a lottery scam—a crime they allegedly committed while disguised in female attire—were subjected to a multi-layered shaming ritual. Police shaved their heads and then marched them from the bus stand to the court while forcing them to wear the women’s salwar suits. (Report in Dainik Bhaskar).


Image Credit: Dainik Bhaskar

Throughout the parade, officers forced the men to keep their hands folded and repeatedly chant, “We made a mistake.”

  • Jhunjhunu & Dausa: This tactic of weaponising an accused’s disguise was repeated across districts. In Surajgarh (Jhunjhunu), on July 20, the SHO paraded a man accused of attacking a sarpanch in the salwar suit he was allegedly wearing while in hiding. (Reports in Dainik Bhaskar and Patrika).


Image Credit: Rajasthan Patrika

Similarly, in Dausa, police arrested two men for attacking officers. After finding them hiding in women’s clothes, police paraded them through the village in that same attire, forcing them to walk with folded hands and issue a public warning that “No one should do this, or they will face the same consequences.” (Report in Dainik Bhaskar).


Image Credit: Dainik Bhaskar

2. Parading the injured accused/suspects: spectacles of cruelty

In several cases, police have paraded accused. Several of these accused were visibly and severely injured, turning a “spot verification” or “Medical Examination” procedure into a public display of suffering.

  • Kota: On May 22, in a shocking parade from Kanwas, police paraded two murder accused who were severely injured, allegedly from fleeing arrest. Both men had their legs in plaster casts. Media reports explicitly described one accused, Atiq, whose both legs were broken, crawling or ‘dragging himself’ on the road. The second accused, Deepak, limped painfully alongside on a crutch. The Kota Rural SP justified this as “spot verification.” He said that “action was taken to have the accused verify the scene and to prepare a site map of the incident. Since both had sustained injuries, they were taken to the spot on foot” as ETV Bharat Rajasthan reported. (Report in Dainik Bhaskar).


Image Credit: ETV Bharat Kota

  • Jaipur: On January 23, Vidhyadharnagar police paraded five men accused in a high-profile robbery and murder case. Two of the men had sustained fractured legs from falling in a ditch and were in plaster casts. (Report in Dainik Bhaskar).


Image Credit: Dainik Bhaskar

Police forced these injured men to walk, limping and supported by officers, from the police vehicle to the crime scene and even to the victim’s house.

  • Tonk: On September 30, The Times of India reported that the Tonk Police arrested three men for allegedly molesting a 13-year-old girl and threatening her with an acid attack. During the public “spot verification,” one of the accused, unable to walk, was filmed dragging himself on the road, while the other two limped beside him as locals cheered. During the parade, a large crowd gathered and chanted slogans of “Tonk Police Zindabad.” (Report in Dainik Bhaskar).


Image Credit: Dainik Bhaskar

  • Kotputli: On July 1, four men accused of murdering a liquor contractor were arrested after a police “encounter” in which all four were shot in the legs. Immediately following their medical treatment, police paraded the injured accused, limping from their fresh gunshot wounds, in a “procession” through the town.
  • Karoli: On February 25, two men accused of firing over a payment dispute at a salon were arrested after being injured, allegedly by falling on stones while fleeing. Police then paraded the two men, who were visibly limping, and forced them to walk through the city with folded hands, apologising to the public. (Report in Dainik Bhaskar).


Image Credit: Dainik Bhaskar

3. Rituals of degradation: shaving, placards, and drums

Beyond gendered humiliation, police employ other theatrical methods of degradation designed to shatter an accused’s self-respect.

  • Baran: On June 3, demonstrating that even an alleged intent to commit a crime warrants public degradation, police arrested 12 men for planning a robbery at a petrol pump. Before any trial, police shaved the heads of the accused and paraded them through the city market, forcing them to join their hands and publicly apologise. (Report in NDTV Rajasthan).


Image Credit: NDTV Rajasthan

  • Pali: On October 28, the Pali Police orchestrated a highly theatrical shaming procession for three murder accused. Officers hired dhols (drums) to beat as they marched the men from Ambedkar Circle to the court. The accused, who were visibly limping, were forced to wear clothes with the label ‘Hardcore History-sheeter’ printed on them and beg for forgiveness.

During the parade, a woman tried to reach the accused to slap them, but the police stopped her

  • Hanumangarh: On October 30, the Gogamedi police arrested six men, alleged to be members of a criminal gang. As a form of summary punishment, police forcibly cut their hair and then paraded them through village. (Report in Dainik Bhaskar).


Image Credit: Dainik Bhaskar

The men were seen limping and attempting to hide their faces in shame during the procession.


Footage Credit: Dainik Bhaskar

  • Udaipur: On October 5, combining multiple forms of humiliation, Bhupalpura police paraded two men accused of a stabbing. The men were forced to walk while visibly limping from injuries sustained during their arrest, and police had half-shaved their heads to maximise their public disgrace.

The accused men were marched in this state for approximately two kilometers to “recreate the scene.”

4. General parades: “sport verification” as public spectacle

Even in cases without overt torture, the routine practice of parading suspects for “spot verification” is used as a pretext for public shaming.

  • Jodhpur: On August 20, after arresting suspects in a firing case, Jodhpur police paraded the accused on foot from the police station to the nearby crime scene in the middle of the market, justifying it as the “last day of remand” and a “spot inspection.” (Report in Amar Ujala.


Image Credit: Amar Ujala

  • Bikaner: On July 28, Lunkaransar police paraded six men, accused of attacking a shopkeeper, through the same market where the incident occurred, forcing them to walk to the hospital. The parade drew a large crowd, which turned the procession into a “julus” (spectacle). (Report in Dainik Bhaskar).


Image Credit: Dainik Bhaskar

  • Jaipur: In a separate Vidhyadharnagar case, on June 3, two men arrested for allegedly trying to free a suspect from police custody and tearing a constable’s uniform were paraded at the scene of the incident, where they were forced to fold their hands and apologise. (Report in Patrika).


Image Credit: Patrika

  • Churu: On September 21, Taranagar Police paraded a young man accused of allegedly stabbing a female student. He was marched from the police station through the main market and bus stand to “send a message.” According to Dainik Bhaskar, the SHO was quoted as saying, “This is the fate of those who commit crimes.”

Link: https://dai.ly/x9qx8kw

The statutory framework: due process vs. public spectacle

The statutory framework governing arrest, detention, and investigation in India is exhaustive and focuses entirely on procedural correctness, investigative necessity, and the rights of the accused. This framework is designed to protect the individual from the arbitrary exercise of state power.

Conspicuously absent from the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and its predecessor, the Code of Criminal Procedure, 1973, is any provision, power, or procedure that legitimises the public parading, shaming, or forced humiliation of an accused or suspect. The police actions documented in Rajasthan are not a mere over-extension of authority but they are in direct contravention of black-letter law.

The limited and defined powers of arrest

The police’s power to arrest is not absolute. It is narrowly defined, primarily under Section 35 of the BNSS, 2023 (which corresponds to Section 41 of the CrPC, 1973). This section outlines the specific circumstances under which a police officer may arrest without a warrant. The entire purpose of this power is to prevent the commission of further offenses, ensure a proper investigation, or secure the accused’s presence at trial. It does not grant any power to inflict summary punishment or public humiliation.

The manner of arrest is detailed in Section 43 of the BNSS, 2023:

(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to the custody by word or action:

Provided that where a woman is to be arrested, unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer shall not touch the person of the woman for making her arrest.

(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

(3) The police officer may, keeping in view the nature and gravity of the offence, use handcuff while making the arrest of a person or while producing such person before the court who is— (i) a habitual or repeat offender; or (ii) a person who escaped from custody; or (iii) a person who has committed offence of organised crime, terrorist act, drug related crime, illegal possession of arms and ammunition, murder, rape, acid attack, counterfeiting of coins and currency-notes, human trafficking, sexual offence against children, or offence against the State.

While Sub-section (3) introduces specific grounds for handcuffing, its legal basis remains tied to preventing escape and ensuring safety—not for public display. The parading of an accused in handcuffs, often when they are already subdued or injured, serves no legitimate custodial purpose.

The absolute prohibition on unnecessary restraint

The most blatant statutory violation in these public parades is the breach of Section 46 of the BNSS, 2023 (mirroring Section 49 of the CrPC). This provision is not ambiguous and leaves no room for discretion. It mandates:

“The person arrested shall not be subjected to more restraint than is necessary to prevent his escape.”

Forcing an accused to wear women’s clothing, shaving their head, hanging a placard around their neck, or forcing them to limp through a market while injured is, by any definition, “more restraint than is necessary to prevent his escape.” These acts are illegal, punitive, and fall entirely outside the police’s lawful authority.

Provisions pertaining to the use of handcuffing

The legal framework governing handcuffs in India was historically undefined, with no explicit provision in the previous CrPC, 1973. Their use was permissively shaped only by Supreme Court directives, notably in Prem Shanker Shukla v. Delhi Administration (1980) SCC (3) 526 and Ministry of Home Affairs (MHA) guidelines (2010), which strictly limited it to a measure of last resort for securing restraint—not as a routine tool.

The new Bharatiya Nagarik Suraksha Sanhita (BNSS), in Section 43(3), for the first time codifies this power, but only for exceptionally narrow and grave circumstances, such as for a habitual or repeat offender, a person who escaped custody, or one who has committed specified serious offences like organised crime, terrorism, murder, or rape.

While police may justifiably argue that handcuffs are necessary to secure an accused during spot verifications, medical examinations, or production before the court, the incidents documented across Rajasthan tell a different story. The visual evidence shows handcuffs being weaponised not for legitimate restraint, but as a prop for public shaming—an integral part of the illegal parade. This unnecessary, performative demonstration of power is a per se unconstitutional and illegal act, designed to inflict humiliation rather than uphold the law.

Zoological strategies repugnant to Article 21: SC’s definitive mandate in Prem Shankar Shukla

The foundational and most authoritatively-violated law on this matter remains the Supreme Court’s 1980 judgment in Prem Shankar Shukla v. Delhi Administration (1980) SCC (3) 526. This ruling did not just restrict handcuffing; it condemned the entire mindset behind public degradation as an affront to the Constitution. The Court declared that handcuffing is “prima facie inhuman” and “arbitrary,” calling it a “zoological strategy” that is “repugnant to Article 21.”

Addressing the exact ritual of parading, the Court observed:

“But to bind a man hand-and-foot, fetter his limbs with hoops of steel, shuffle him along in the streets and stand him for hours in the courts is to torture him, defile his dignity, vulgarise society and foul the soul of our constitutional culture.” (Para 22)

The Court established that the “convenience of the custodian” (Para 24) is irrelevant. Handcuffing is not a routine procedure but an “extreme measure” (Para 25) that can only be justified as the “last refuge, not the routine regimen” (Para 25). The bench explicitly rejected the idea that the “nature of the accusation” (Para 31) is a valid criterion. Instead, the only determinant is a “clear and present danger of escape” (Para 31), which must be based on “clear material, not glib assumption” (Para 31).

Crucially, the judgment set a non-negotiable procedural safeguard: police cannot act unilaterally. Even in those rare, extreme cases, the officer must:

“…record contemporaneously the reasons for doing so… The escorting officer, whenever he handcuffs a prisoner produced in court, must show the reasons so recorded to the Presiding Judge and get his approval. Otherwise… the procedure will be unfair and bad in law.” (Para 30)

The Court concluded by condemning the practice as a “barbarous bigotry” and “an imperial heritage, well preserved” (Para 33), making it clear that such “animalising” (Para 23) displays are summary punishments “vicariously imposed at police level” (Para 31) and have no place under the Constitution.

The judgement of Prem Shankar Shukla v. Delhi Administration (1980) can be read here

 

Police duty is arrest, not punishment: the Omprakash judgment

In Omprakash and Ors. v. State of Jharkhand (2012) 12 SCC 72, the Supreme Court stressed the fundamental limits of police duty. The Court observed that the police designated role is not to deliver summary punishment, stating “It is not the duty of the police officers to kill the accused merely because he is a dreaded criminal. Undoubtedly, the police have to arrest the accused and put them up for trial.” (Para 42).

This observation highlights the principle that the police’s sole, lawful function is to bring an accused before the judiciary, not to usurp the judicial role by inflicting punishment—be it through extra-judicial killings or, by extension, through acts of public degradation.

The judgement of Omprakash and Ors. v. State of Jharkhand (2012) 12 SCC 72 can be read here

 

A Parallel Trial: Supreme Court on the illegality of media parades of accused

The Hindu reported that on August 28, 2014, the Supreme Court directly condemned the practice of police parading suspects before the media, viewing it as a serious threat to the constitutional guarantee of a fair trial. During the 2014 hearings for the Public Union for Civil Liberties & another v. The State of Maharashtra & Ors. (CDJ 2014 SC 831), a three-judge bench led by then-Chief Justice R.M. Lodha expressed strong disapproval of this practice. The Chief Justice was unequivocal, stating:

“Media briefings by investigating officer during on-going investigations should not happen. It is a very serious matter. This issue touches upon Article 21 [right to life and liberty including fair trial].”

The bench, which also included Justice Kurian Joseph, noted that this conduct prejudices the accused before they are even charged. Justice Joseph observed that by releasing unproven statements, “a parallel trial is run in the media,” which affects the fundamental rights of the accused and creates an indelible stigma.

Home Ministry’s advisory on media policy and ban on public parading of accused persons

The systemic defiance of legal norms is further evidenced by the police’s flagrant disregard for binding directives from the Union Government itself. As far back as April 1, 2010, the Ministry of Home Affairs (MHA) issued a comprehensive Advisory on Media Policy of Police” (F. NO.15011/48/2009-SC/ST-W) to all states. This advisory explicitly mandates precautions to protect the dignity of those in custody. Guideline VI(a) of the memorandum is unequivocal that “arrested persons should not be paraded before the media.”

Para (VI) reads as follow;

“Due care should be taken to ensure that there is no violation of the legal, privacy and human rights of the accused/victims.

  1.  Arrested persons should not be paraded before the media.
  2.  Faces of arrested persons whose Test Identification Parade is required to be conducted should not be exposed to the media.”

It further instructs that “due care should be taken to ensure that there is no violation of the legal, privacy and human rights of the accused/victims.” The MHA advisory, which forms the basis for subsequent state-level circulars, also directs that any deviation “should be viewed seriously and action should be taken against such police officer/official.”

The recurring spectacles in Rajasthan are therefore a direct violation of these long-standing, explicit instructions from the very ministry overseeing internal security.

The MHA advisory dated April 1, 2010 can be read here

 

Section 29 of the Rajasthan Police Act, 2007

The very statute governing the state’s police, the Rajasthan Police Act, 2007, establishes a clear, affirmative obligation for officers to follow the law. Section 29 of the Act details the duties and responsibilities of every police officer. Crucially, Section 29(i) mandates that an officer shall “perform such duties and discharge such responsibilities as may be enjoined upon him by law or by an authority empowered to issue such directions under any law.” This provision makes adherence to all legal mandates—including constitutional protections, Supreme Court judgments, and internal departmental circulars—a fundamental and non-negotiable component of an officer’s statutory duty.

Circulars/advisory issued by the DGP, Rajasthan

This reported illegality is not just a violation of MHA advisories but also a direct contravention of the Rajasthan Police’s own internal guidelines. On October 18, 2013, the Director General of Police (DGP), Rajasthan, issued a specific advisory to all District Police Superintendents and G.R.P. Ajmer/Jodhpur regarding police-media relations. This directive explicitly aimed to prevent the very practices now seen across the state. Para (vi) of the advisory clearly mandates:

“It should always be kept in mind that; (a) the arrested person should not be paraded before the media. (b) The face of the accused whose identity is to be paraded should not be shown to the media.”

The DGP, Rajasthan’s instructions dated October 18, 2013 can be read here

 

Rajasthan Police’s SOP strictly prohibits using handcuffs for “public ridicule, harassment, or humiliation”

On September 21, 2023, the Additional Director General of Police (Crime), Rajasthan, issued a detailed Standard Operation Procedure (SOP) acknowledging that handcuffing and displaying accused was being done “routinely,” a practice that “humiliates a person,” “hurts their self-respect,” and “tarnishes the image of the police.”

Citing the Rajasthan High Court’s 2023 order (supra) and the Supreme Court’s mandate in Prem Shankar Shukla (supra), the SOP strictly prohibits using handcuffs for “public ridicule, harassment, or humiliation” or merely for the “convenience of the escort team.”

The SOP mandates that handcuffs are a last resort, to be used only in “exceptional circumstances” (e.g., the prisoner is violent, dangerous, or a high escape risk) and requires prior court approval. The reasons for their use must be meticulously recorded in the police station’s daily diary (Roznamcha Aam) before application.

The SOP also explicitly forbids the routine handcuffing of “Satyagrahis, persons holding dignified positions in public life, journalists, [and] political prisoners,” and states that even if justifiably handcuffed, they must not be paraded. It directs senior officers (IGPs and SPs) to ensure “verbatim” compliance with these instructions.

The ADGP, Rajasthan’s directive dated September 21, 2023 can be read here

 

“Will not conduct a public parade”: DGP’s January 2025 SOP directly bans shaming rituals

The legal prohibitions against these practices were reinforced with the issuance of a new “Standard Operating Procedure for the use of handcuffs” by the Director General of Police, Rajasthan, on January 15, 2025. This SOP was issued to align with Section 43(3) of the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which codifies the power to use handcuffs for specific, grave offenses (e.g., habitual offenders, terrorism, murder, rape, organised crime).

However, the directive unequivocally states that even for these accused, handcuffs are only permissible in “exceptional circumstances” where there is a “clear and present danger” of escape or violence, and the reasons must be “clearly recorded.” Most significantly, the 2025 SOP directly confronts and bans the very rituals this resource documents. It explicitly commands:

“The police officer, after handcuffing, will not conduct a public parade of the prisoner.”

Furthermore, it directly targets the police practice of broadcasting these events, instructing officers to: “…take special care that after handcuffing, photos or videos of the prisoner are not uploaded to social media.”

This latest directive from the state’s top police office leaves no ambiguity, explicitly forbidding the exact conduct of parading suspects and disseminating the footage.

The directions of DGP, Rajasthan dated January 15, 2025 can be read here

 

Rajasthan High Court’s condemnation on illegal handcuffing

On May 26, 2023, the Rajasthan High Court’s order (Jodhpur Bench) in D.B. Habeas Corpus Petition No. 156/2023, the Court, while disposing of the petition, issued several key directives. The operative part of the order mandates the respondents to conduct an expeditious inquiry into the incident and against the delinquent officers, including those already suspended. The Court directed that the Inspector General of Police (IGP) must personally monitor the progress of this inquiry.

Furthermore, the Court explicitly ordered the IGP to ensure that the directions issued by the Supreme Court [notably in Prem Shanker Shukala v. Delhi Administration (1980) SCC (3) 526, which prohibit routine handcuffing, are followed “in letter and spirit” throughout his jurisdiction.

The High Court’s take on the handcuffing was one of strong condemnation. It found the action of handcuffing the petitioner’s son—who was not formally arrested and was hospitalised with a fractured leg, rendering him unable to walk—to be “inhuman” and “absolutely illegal and unconstitutional.” The Court noted that the very presence of handcuffs at the general ward bed of an unarrested accused, who alleged he was fettered at night, “firmly established” the illegality and was a clear violation of constitutional mandates, dismissing the suspension of officers as an “eye-wash.”

The order dated May 26, 2023 of the Rajasthan High Court can be read here

 

The judicial condemnation of public parades extends beyond a single state

Apart from the Rajasthan High Court, this concern is also shocking courts across the country as well, as the Gujarat High Court, in R/WPPIL/153/2018, Bhautik Vijaybhai Bhatt v. Director General of Police, addressed this issue directly. The Public Interest Litigation sought a writ of mandamus to stop police from “taking out procession of accused persons by handcuffing them… and beat such accused persons in public place.” In response, the Additional Director General of Police filed an affidavit assuring the Court of “proposed draft instructions” to be issued to all officers.

The High Court’s order dated May 7, 2019, specifically recorded that these new instructions would ensure that accused persons are “not parading them in public at large” or given any “maltreatment.” The affidavit, accepted by the Court, affirmed that accused must be “protected from mob violence” and taken to the police station or Magistrate “in a dignified manner by protecting their individual status.” The Court disposed of the PIL by directing the state to issue this circular, reinforcing that legal guidelines must be “strictly complied with.”

The order of Gujrat High Court dated May 7, 2019 can be read here

 

No parading of accused/suspects: Hyderabad High Court (Telangana HC)

The New Indian Express reported that on June 21, 2018, a division bench of the Hyderabad High Court comprising Chief Justice Kalyan Jyoti Sengupta and Justice PV Sanjay Kumar recently expressed their “extreme displeasure” over parading of accused in front of media and television channels. The observation has evoked a positive response and won accolades from different walks of life. The judges asserted that the bench would pass orders prohibiting the practice.

Subsequently, the High Court refused a request to grant the DGP, Andhra Pradesh, two weeks to file an affidavit in the case. The bench, demonstrating its urgency on the matter, strongly remarked that “You are treating the accused-suspects as animals that is why you are allowing them before the media without any respect to their Right to Privacy which is a fundamental right. We will grant only a week’s time to you to file the affidavit as per our earlier direction” as the Deccan Chronicle reported

Rights of the accused: protection and fair trail, not degradation

The law, far from sanctioning humiliation, builds a wall of protection around the accused. Section 38 of the BNSS, 2023 (mirroring Section 50 of the CrPC), mandates that when any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.

Furthermore, Section 51 of the BNSS, 2023 (regarding the medical examination of the accused), shows the law’s intent:

…it shall be lawful for a registered medical practitioner, acting at the request of any police officer… to make such an examination of the person arrested as is reasonably necessary in order to ascertain the facts which may afford such evidence…

The purpose of a medical examination is evidentiary—to find trace evidence on the accused or document injuries relevant to the crime. This provision is perverted when police parade suspects with injuries (like fractured legs), turning a procedure meant for legal and medical documentation into a spectacle of cruelty.

The core jurisprudential breach

These police conduct tears at the very fabric of Indian criminal jurisprudence.

  1. Violation of Article 21 (Dignity): The Supreme Court has repeatedly held that the right to life under Article 21 includes the right to live with human dignity. Public shaming, forced haircuts, and gendered humiliation are a profound assault on that dignity.

Article 21 of the Constitution of India, which guarantees the “right to live with human dignity.” This is the “most precious right” afforded to “every person,” a guarantee that is not suspended upon accusation or arrest. As the Supreme Court has affirmed in PUCL v. State of Maharashtra [Criminal Appeal No. 1255 of 1999] that, “even the State has no authority to violate that right.” (Para 7)

The judgement of PUCL v. State of Maharashtra [Criminal Appeal No. 1255 of 1999] can be read here

 

The only exception under Article 21 is that liberty can be curtailed, but only subject to the “procedure established by law”—which means through a fair trial, investigation, and conviction by a competent court. However, the police’s summary “punishments” in the name of spot verification and medical examination are per se illegal and a gross violation of the Constitution, as police have no authority to adjudicate guilt or inflict penalties.

This practice also fundamentally subverts Article 20(2) of the Constitution, which prohibits double jeopardy. When police inflict this public degradation, they are administering a “punishment” before any trial. Should the accused later be convicted by a court, they would have been subjected to two punishments—first, the illegal, irreversible public shaming by the police, and second, the judicial sentence. This police action is a brazen usurpation of judicial power, rendering the presumption of innocence a nullity.

In Sunil Batra v. Delhi Administration, (1980) 3 SCC 488, the Supreme Court even condemned the inhuman and degrading treatment of prisoners, particularly the use of solitary confinement and held that fundamental rights do not end at the prison gates. It was emphasised that prison authorities must respect the dignity and rights of inmates under Articles 14, 19, and 21 of the Constitution. Thus, ‘human dignity’, which is apparently not a fundamental right was read as a part of Article 21 of the Constitution of India.

The judgement of Sunil Batra v. Delhi Administration (1980) can be read here

 

In K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 this Court affirmed right to privacy as a fundamental right under the Constitution, which was read as a right and a part of ‘life and liberty’ under Article 21. It was held that privacy encompasses autonomy, dignity, and the freedom to control their own personality.

The judgement of K.S. Puttaswamy v. Union of India (2017) can be read here

  1. Violation of Article 20(3) (Self-Incrimination): Forcing an accused to walk with folded hands and publicly chant “I made a mistake” is a form of compelled confession, obtained through duress and humiliation. It is a flagrant violation of the right against self-incrimination.

“I Made a Mistake”: forced confessions and the death of Article 20(3)

A core constitutional safeguard, enshrined in Article 20(3) of the Constitution, dictates that “No person accused of any offence shall be compelled to be a witness against himself.” This right against self-incrimination is so foundational that the law of evidence, both in Section 25 of the former Indian Evidence Act and its successor Section 23 of the Bharatiya Sakshya Adhiniyam, 2023, explicitly states that “No confession made to a police officer shall be proved as against a person accused of any offence.” These laws exist precisely because of the inherent risk of coercion in police custody.

The police rituals documented across Rajasthan—forcing accused men to chant “We made a mistake” or publicly apologise to crowds—are a flagrant and theatrical violation of these very safeguards. Such a “confession,” whether genuinely given in the privacy of a station or compelled by police pressure, is legally worthless and inadmissible as evidence.

Therefore, the only purpose of this public performance is extra-legal, to inflict humiliation, satisfy public anger, and enact a summary punishment. This practice is a performative and compelled act of self-incrimination. It does not matter if an accused has confessed; the police have no authority to broadcast this, let alone force its re-enactment as a public spectacle. By forcing an accused to apologise on camera, the police are not conducting an investigation; they are staging a verdict and illegally compelling a person to be a witness against himself, not before a court of law, but before a roadside mob.

  1. Destruction of the Presumption of Innocence: The accusation has to be proven in a court of law. When investigating authorities “play to the gallery,” they usurp the role of the judiciary. They declare the person guilty before a trial, inflicting an irreversible public sentence that no subsequent acquittal can ever undo. This damages the credibility and integrity of the entire justice system.

The D.K. Basu mandate: a judicial blueprint against custodial abuse

The most foundational legal standards for arrest and detention were established by the Supreme Court in its landmark judgment, D.K. Basu v. State of W.B. [(1997) 1 SCC 416]. The Court, deeply concerned with custodial violence and the abuse of police power, formulated a set of 11 mandatory requirements. These guidelines are not suggestions but “preventive measures” designed to ensure transparency, accountability, and the protection of an arrestee’s fundamental rights under Article 21. They create a non-negotiable procedural blueprint that stands in stark contrast to the arbitrary rituals of public shaming. The Court directed in Para 35 of the judgement that requirements to be followed in all cases of arrest or detention till legal provisions are made in that behalf as preventive measures.

These directives establish procedures to protect the rights of individuals during arrest and detention. Police officers must wear clear identification, and their details must be registered. An “Arrest Memo” must be prepared at the time of arrest, detailing the time and date, witnessed by a family member or local respectable person, and countersigned by the arrestee.

The arrestee must be informed of their right to have one friend or relative notified of their arrest and custody location. If this person lives out-of-district, police must notify them via the Legal Aid Organisation within 8-12 hours. The arrestee has the right to an injury inspection at arrest, recorded in a signed “Inspection Memo,” and must receive a medical examination by an approved doctor every 48 hours. They may also meet their lawyer during interrogation.

All arrest details must be recorded in a station diary, with copies of documents sent to the Magistrate. Furthermore, the district/state police control room must be informed of the arrest and custody location within 12 hours and display this information publicly.

The judgement of DK Basu v. State of West Bengal (1997) can be read here

 

No action from SHRC and DGP Rajasthan’s office

Despite an unambiguous legal framework, the compiled evidence reveals a systemic collapse of every accountability mechanism. The Rajasthan State Human Rights Commission (RSHRC), armed with suo moto powers to protect fundamental rights from illegal police practices, has remained a silent spectator. This inaction persists even as these “arrest rituals” have escalated since 2025, transforming from sporadic abuses into a monthly, viral spectacle of state-endorsed degradation.

This open defiance is amplified, not punished, with official police social media handles celebrating the violations. The institutional failure is absolute as the Rajasthan High Court has not taken suo motu cognizance, and the Director General of Police, despite his own clear directives (Jan 2025) forbidding these parades, has proven unable or unwilling to enforce them. The result is a state of perfect impunity, where the Constitution is openly defied, and the law, judiciary, and human rights commissions have, by their collective silence, become complicit enablers.

Related

What are the Rights against being handcuffed in India?

A prison without bars or walls

Indian courts and Medical Bail

The post Parade of Public Shaming: How Rajasthan police’s illegal “arrest rituals” replace due process with public defilement appeared first on SabrangIndia.

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When Some Titans Of Indian Media Crawled On All Fours, Like Ex-Prince Andrew, To Cover Up Or Bury The Indian Links in Epstein Files https://sabrangindia.in/when-some-titans-of-indian-media-crawled-on-all-fours-like-ex-prince-andrew-to-cover-up-or-bury-the-indian-links-in-epstein-files/ Tue, 03 Feb 2026 04:54:40 +0000 https://sabrangindia.in/?p=45790 All early birds need not catch the worm. The E-paper of The Indian Express is among the earliest to be uploaded every day. So it was on February 1, 2026. On Page 6 of the Delhi edition of the Express, a blink-and-miss single column had the headline: “MEA dismisses Epstein email with PM reference as […]

The post When Some Titans Of Indian Media Crawled On All Fours, Like Ex-Prince Andrew, To Cover Up Or Bury The Indian Links in Epstein Files appeared first on SabrangIndia.

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All early birds need not catch the worm. The E-paper of The Indian Express is among the earliest to be uploaded every day. So it was on February 1, 2026.

On Page 6 of the Delhi edition of the Express, a blink-and-miss single column had the headline: “MEA dismisses Epstein email with PM reference as ‘trashy rumination’”.

The report below said: “The Ministry of External Affairs on Saturday rejected any suggestion of impropriety after Prime Minister Narendra Modi’s name surfaced in a reference contained in newly-released US Justice Department files linked to the late financier and convicted sex offender Jeffrey Epstein.”

Although I described the Express as an “early bird” in uploading its E-paper, I was a Late Latif as I was on a train the previous day and I could not access any news because of the patchy data link. When I woke up on Sunday, I had only a vague idea that Prime Minister Modi had been allegedly named.

I was expecting The Indian Express to share with me — a paid subscriber like many others — information on the issue. But try as I might, I could not spot anywhere in the Express report what the email said about Modi. The Express used coded phrases such as “reference” and “claims” without explaining what they were.

A little later, The Times of India dropped. The story was tucked away in one of the Siberian pages but with no enlightenment on what exactly the email allegedly said.

Then it was Mathrubhumi’s turn, which, mercifully, mentioned the details but added at the end that the BJP had alleged that the mail had been “edited”. That landed me in a quandary: if the email is edited as the BJP has claimed, how can I rely on the details the paper mentioned?

An option then was to check what the government is saying. I went to the External Affairs ministry site and saw its statement: “We have seen reports of an email message from the so-called Epstein files that has a reference to the Prime Minister and his visit to Israel. Beyond the fact of the Prime Minister’s official visit to Israel in July 2017, the rest of the allusions in the email are little more than trashy ruminations by a convicted criminal, which deserve to be dismissed with the utmost contempt.” (For the kind attention of the Express reporter and desk: the MEA says “trashy ruminations” but your headline and copy say “rumination” unless the ministry said so first and made it plural later.)

The ministry’s statement was colourful but did not offer any insight into what the email said. Back to square one.

Surfing the E-papers of The Indian Express and The Times of India (both are behind paywalls), I learnt about the alleged sex life and medical history of Bill Gates and the dexterity of Prince Andrew on all fours on the floor but I still could not figure out what the email said about my Prime Minister. NDTV did not hold back in its headline: “Ex-Prince Andrew Seen On All Fours Over Woman In Fresh Epstein File Images”.

Then The Hindu came through, and it had the quote that matched what Mathrubhumi said. A while later, The Telegraph also reported the quote that matched what The Hindu reported.

For the record, on July 6, 2017, Epstein allegedly sent an email to a contact in Qatar describing Modi’s recent visit to Israel. Reproduced verbatim from the website of the US Department of Justice, Epstein’s alleged email reads: “The Indian Prime minisiter modi took advice. and danced and sang in israel for the benefit of the US president. they had met a few weeks ago.. IT WORKED.!”

Is this how Indian citizens are expected to find out information about their Prime Minister?

Prime Minister Modi was mentioned in this email conversation between Epstein and Jabor Y. [Sourced from DoJ Website]

Below is a quick wrap-up of how some newspapers covered the issue and my thoughts as a former editor. (I have kept out party mouthpieces.) The phrase “Journalism of cower-age” is not my coinage. The credit goes to a clever social media user.

THE INDIAN EXPRESS

Edition: Delhi

PM-Epstein report: Page 6

Size: Single column

Position: Middle of the page

Relative prominence: Smallest single column on the page

Does the report specify what the Epstein file allegedly says about Modi? No. The report mentions “a reference” and “certain claims” but does not share with the reader what the “reference” or “certain claims” are.

Was the same policy followed while reporting other Epstein file entries? No. The same day’s World page (Page 12) has a big splash on the latest Epstein “document dump”, full with pictures and other details. The alleged sex life of Bill Gates is given pride of place in the roster. The after-party that Mira Nair (the headline helpfully gives the detail that she is the “mother of NYC mayor Mamdani” as if he decides which party his mother attends) allegedly went to has a separate story on the page.

JOURNALISM OF COWER-AGE SCORE: 9/10

THE TIMES OF INDIA

Edition: Delhi

Page number: 18

Size: Single column

Position: Top of page

Relative prominence: Top but small single column

Does the report specify what the Epstein file allegedly says about Modi? No. The report mentions “a reference” to Modi and his visit to Israel, under the headline, “Govt trashes ‘Epstein files’ email on Modi”. How The Times of India missed a chance to say “Govt trashes ‘trashy’ Epstein ’email’ is a mystery.”

Was the same policy followed while reporting other Epstein file entries? Ha, ha, ha. Not at all. The Times of India has a Page 1 bylined article, datelined Washington, on the Epstein files but the report focuses on Gates and others (under the headline, “New Epstein files claim Bill Gates caught STD from ‘Russian girls’,” and studiously avoids Modi. The same article continues (again bylined) as the lead story in the Global page (Page number 26) under the headline “Epstein emails have 100s of references to Trump, likely to shake up US politics”. Evidently, the Indian newspaper is more worried about US domestic politics. The paper has a chart on Gates, Richard Branson, Elon Musk, Howard Lutnick, Donald Trump, Andrew Mountbatten-Windsor and Steve Tisch but not on the purported content of the email referring to “modi”. The paper lists the granular references against “political and business elites” in spite of mentioning in the very first paragraph of the Page 1 report that some of the references are “lurid and unsubstantiated”.

JOURNALISM OF COWER-AGE SCORE: 9.5/10

 

THE NEW INDIAN EXPRESS

Edition: Thiruvananthapuram

PM-Epstein report: 0 (Could not readily find the report but I did not check the sports page)

Was the same policy followed while reporting other Epstein file entries? No. The same day’s World page (Page 9) has the following as the main headline: “Epstein’s partner presented girl to Trump, newly-released files reveal”. Gates gets top billing here too.

TELLING CLUE: The newspaper has a very important piece of news on Page 8: “Newspaper reading made mandatory for students in 800 skill centres in UP”. The eagerness to protect students from the “trashy rumination by a convicted criminal” (the Indian foreign ministry’s description of the alleged Epstein entry on the PM) must have made the newspaper drop the report. If so, a question pops up: shouldn’t the students be protected from such details as “Epstein’s partner presented girl to Trump”?

JOURNALISM OF COWER-AGE SCORE: 10/10

THE TELEGRAPH

NO TOPPER, EVEN INSIDE: The Telegraph places the story below Gates on Page 2. (Story highlighted in red)

Edition: Calcutta

PM-Epstein report: Page 2

Size: Three columns

Position: Second deck

Relative prominence: Prominent but for some reason, the alleged sex life of Bill Gates is given top-of-the-page play than the purported reference to the PM, Trump and Israel.

Does the report specify what the Epstein file allegedly says about Modi? Yes. The report quotes verbatim from the purported Epstein file, under the headline “Centre rubbishes Modi mention in mail”.

JOURNALISM OF COWER-AGE SCORE: 5/10

 

THE HINDU

LONG BUT LOW: The Hindu carries a detailed report but below the fold on Page 9. (Story highlighted in red)

Edition: Delhi

PM-Epstein report: Page 9

Size: Long double column

Position: Below the fold

Relative prominence: Prominent but shoved down the page

Does the report specify what the Epstein file allegedly says about Modi? Yes. The Hindu has carried the longest and fairly comprehensive report on the issue, compared with the other newspapers I saw.

JOURNALISM OF COWER-AGE SCORE: 4.5/10

 

MALAYALA MANORAMA

THIN AT THE TOP: Manorama lifts the copy but too narrow on Page 9. (Story highlighted in red)

Edition: Thiruvananthapuram

PM-Epstein report: Page 9

Size: Three columns

Position: Top of the page

Relative prominence: Prominent but light font headline, blue background and colourful standalone picture below overshadow the report. But the newspaper is the only one I saw that says in the headline the news first and then the reaction: “Epstein file has a Modi reference; Centre dismissive”.

Does the report specify what the Epstein file allegedly says about Modi? Yes. It is mentioned clearly

JOURNALISM OF COWER-AGE SCORE: 6/10

 

MATHRUBHUMI

DOUBLE-DECK WITH A DOUBT: Mathrubhumi mentions the content on Page 9 but the headline a bit perplexing. (Story highlighted in red)

Edition: Thiruvananthapuram

PM-Epstein report: Page 9

Size: Five columns

Position: Below the fold

Relative prominence: Somewhat prominent because of the double-deck headline in red.

Does the report specify what the Epstein file allegedly says about Modi? Yes, it is mentioned clearly. But the headline is a bit confusing. The headline says “Epstein files: Centre denies allegation that Modi’s name is mentioned”. As far as I can understand from the statement of the external affairs ministry, it has not explicitly denied that Modi is mentioned in the email (neither has it confirmed but chooses the double-edged phrase “so-called Epstein files”. What the ministry has denied is the veracity of parts of the claims in the email, as far as I can understand.

JOURNALISM OF COWER-AGE SCORE: 6.5/10

 

WHAT AN EDITOR SHOULD DO (According to me)

To be sure, Epstein is a jerk whose claims should be taken with a huge pinch of salt. But a newspaper cannot dismiss any information without trying to verify it.

A newspaper’s principal role is to inform its readers. An editor has the final say on which news to carry and where to carry it but they have no business spiking any information concerning the Prime Minister or any elected representative or public figure if it involves public interest.

If an editor is not sure of the authenticity and is unable to verify it, they should see if the information is free of filthy language and indecent comments. If so, the editor should share it with the reader with an admission that the authenticity could not be verified. Even if the information has bad language, it should either be paraphrased or the nature of the information made clear and then published if it involves public interest. India’s foreign policy definitely involves public interest. Also, if the information turns out to be false later, it can be displayed prominently. Public figures always get a second chance. In any case, the newspaper is not levelling the allegation but merely reporting what has been released in another country under intense public pressure, survivor advocacy and binding legislation.

As a measure of extreme caution, the editor can get the information vetted to see if some of the specifics could be verified. From Epstein’s mail, the first question that pops up is: did Modi visit Israel around the time the purported email was said to have been sent? In short, did Modi visit Israel around July 6, 2017? Yes, Modi did visit Israel from July 4 to 6, 2017. This is what the Ministry of External Affairs had said on July 05, 2017: “Marking the 25th anniversary of the establishment of diplomatic relations between the two countries, Prime Minister Narendra Modi of India visited Israel from 4-6 July 2017 at the invitation of Prime Minister Benjamin Netanyahu of Israel. This historic first-ever visit by an Indian Prime Minister to Israel solidified the enduring friendship between their peoples and raised the bilateral relationship to that of a strategic partnership.”

Second question: After referring to Modi and the US President, the purported email says “they had met a few weeks ago”. Did Modi and Trump meet a few weeks before? Yes. On June 21, 2017, Brookings, the US-based think tank, had announced: “Three years into his term, Indian Prime Minister Narendra Modi will visit two countries with which India has close partnerships. He will return to Washington on June 25-26, this time for his inaugural meeting with President Trump. Following that, he will travel to Israel on July 5-6 for the first-ever visit by an Indian premier. For Israel, the growing relationship with India is part of a wide-ranging effort to deepen its relationship with major Asian powers including India, China, and Japan. On June 21, The India Project and the Center for Middle East Policy at Brookings hosted an event, with one panel each focused on India’s relationship with the United States and Israel.” In focus during Prime Minister Narendra Modi’s visit to the U.S. was his establishment of a personal equation with U.S. President Donald Trump, the Hindu Net desk reported on June 27, 2017.

Third and million-dollar question: Did Modi dance and sing in Israel? We don’t know. We don’t even know if the email writer used the phrase figuratively or literally. What we know is that Modi and Netanyahu hit it off very well. This is what NDTV reported — rich in details of statecraft — on July 6, 2017: “Prime Minister Narendra Modi and his Israeli counterpart Benjamin Netanyahu today took a stroll on the beach, their natural warmth and chemistry on full display. The two prime ministers hitched up their trousers and waded barefoot into the surf together at Olga beach in northern Israel. They had gone to the beach to see a demonstration of a mobile water desalination unit. Later, they drove together in the mobile water desalination unit — which looked like a dune buggy – and were seen sipping samples of water from wine glasses, even raising a toast.” Most readers are certain to remember the beach pictures so vividly described in the NDTV report. (This was five years before the Adanis gained control of NDTV.)

Prime Minister Narendra Modi with his Israeli counterpart Netanyahu in Israel in July 2017

With the information available so far and the subsequent as well as persistent claims by Trump and the silence by Modi, an editor has only one option: the information must be published but without being judgemental and without casting aspersions on the Prime Minister or how his foreign policy is conducted. The responsibility of the media to inform the public assumes paramount importance here. Besides, withholding information can sometimes harm the person or organisation a newspaper could be seeking to protect. In the absence of clarity, readers may speculate and imagine the worst possible scenarios that are far more damaging than what may have actually taken place. Maximum transparency possible, provided the information does not affect public order or harm national security and is within the limits of decency, is always the best policy.

Then the editor faces a big question: Should the purported claims of a beast like Epstein be published? The answer does not lie in the character of Epstein but in the question why Epstein mentioned Modi. Then other purported mails come into play, including those involving Anil Ambani. Then comes the very BIG question: Were the Indians dealing with Epstein even after his atrocities were known? The Wire reports: “The most significant communications occurred in May 2019 – barely six weeks before Epstein’s arrest on federal charges of trafficking underage girls – as India’s general election results were being counted.” Considering these details, my answer is: Yes, the purported contents of the email must be published.

The next question is how to play it. Almost every newspaper, except a party mouthpiece, I saw wrote the story as a denial. None of the reports began with the news: that the Prime Minister’s name figured in the purported mail and what the mail said. Most news reports chose to begin with the denial, regardless of the fact that they had not reported the email content earlier. Some editors try to justify this by saying TV has already shown the news and the print wants to take it forward. Then why do reports on the speeches of Modi and Amit Shah attacking the Opposition (which are shown ad nauseam on TV) begin with the same attack in the newspapers the next day and not with the Opposition’s reaction? The uniform manner in which most newspapers have begun the story with the external affairs ministry’s denial raises the question whether it was choreographed or whether the default response from the media now is to highlight the official response.

Of course, Epstein was among the worst scum on earth, whose utterances have no ring of credibility — a factor that must have influenced the decision of the editors who decided to bury the news. But what’s sauce for the goose is sauce for the gander too. Why, then, did some of these newspapers publish Epstein’s claims against Gates and others in detail and prominently in spite of them issuing denials? Why didn’t these newspapers begin the story with Gates’s denial, instead of Epstein’s lurid claims?

Of course, editors can and should decide what they should highlight in a story. The Wire led with the Ambani angle, which is of far greater significance and which ties into the Modi reference. In a brilliant report by Devirupa Mitra and with the headline “Epstein Messages Reveal Anil Ambani Using Sex Offender’s Access to Pitch Modi’s Agenda With Trump”, The Wire nails it. The Wire also reported that “Newly released email exchanges between Bharatiya Janata Party leader Hardeep Puri and Jeffrey Epstein – though confined to business networking and investment discussions – cast doubt on the BJP’s earlier claim that Puri’s appearance in a message from Epstein amounted to little more than casual “name-dropping”. I could not readily see this information in the legacy newspapers I buy. AND THE WIRE IS FREE, UNLIKE THE LUMBERING LEGACY GIANTS WHO CHARGE MONEY BUT WITHHOLDS INFORMATION OR UNDERPLAYS IT. The point is: highlight what you want but do not begin with a denial and do report the full information as long as it is printable.

On the question of placement in newspapers, was this not a blind Page 1 report? How am I affected if “Bill Gates caught STD” or not? Should I not be bothered more about India’s foreign policy than Gates’s alleged medical affliction? Let alone Page 1, the Modi reference report has not made the main slot even in inside pages in the English legacy newspapers I buy. Hindustan Times has a Page 1 mention in a small box at the bottom of the page but that too focuses on the government denial.

The British press can be accused of many things. But when it comes to accountability, the British papers sometimes do what needs to be done. I leave you with the front pages of three “quality”, not tabloid, British newspapers although the revelations involving the former prince are not comparable with the entries linked to Indians so far.

Front page reports on British newspapers regarding the Andrew-Epstein link

 

Author’s Note: Epstein’s alleged email has spelling mistakes and, like many rich people, he did not believe in capital letters. I have reproduced the quote exactly as it appears on the US DoJ site.

About Author

Senior Journalist, Former Editor The Telegraph

Courtesy: The AIDEM

The post When Some Titans Of Indian Media Crawled On All Fours, Like Ex-Prince Andrew, To Cover Up Or Bury The Indian Links in Epstein Files appeared first on SabrangIndia.

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How defending a 70-year-old Muslim shopkeeper triggered FIRs, highway blockades, and a law-and-order crisis in Uttarakhand https://sabrangindia.in/how-defending-a-70-year-old-muslim-shopkeeper-triggered-firs-highway-blockades-and-a-law-and-order-crisis-in-uttarakhand/ Mon, 02 Feb 2026 12:49:53 +0000 https://sabrangindia.in/?p=45783 What began as a local intervention against alleged intimidation over a shop’s name spiralled into right-wing mobilisation, multiple FIRs, and a national debate on selective policing, free speech, and communal harmony in Kotdwar

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What began as a brief, spontaneous intervention by a local gym owner on Republic Day in Uttarakhand’s Kotdwar has since unravelled into a complex law-and-order and civil liberties crisis, exposing deep fault lines in the state’s response to communal intimidation.

On January 26, 2026, Deepak Kumar stepped in when a group of men, allegedly affiliated with the Bajrang Dal and the Vishva Hindu Parishad, confronted 70-year-old Muslim shopkeeper Vakeel Ahmed over the use of the word “Baba” in the name of his decades-old shop. Within days, the episode spiralled far beyond the narrow dispute at its origin — triggering multiple FIRs, large-scale mobilisation by right-wing groups, a blockade of a national highway, and the registration of criminal cases not only against alleged intimidators and protestors, but also against those who intervened to defend the elderly shopkeeper.

Extensively reported by national media, the Kotdwar incident has now emerged as a test case for how the state polices communal vigilantism, protects freedom of expression and conscience, and balances claims of law and order against the constitutional obligation to safeguard equality before the law. As investigations continue and police deployment remains heightened, the episode raises an unsettling question: when ordinary citizens resist religious intimidation, does the legal system shield them — or subject them to prosecution.

The spark: January 26 and the dispute over “Baba”

According to The Indian Express, 46-year-old Deepak Kumar, who runs a gym in Kotdwar, was present at a friend’s shop on January 26 when he overheard a group of men confronting 70-year-old Vakeel Ahmed (also reported as Ahmed Wakil), a Muslim shopkeeper whose store — Baba School Dress — has existed on Patel Marg for nearly 30 years.

The men, allegedly identifying themselves as members of the Bajrang Dal and the Vishva Hindu Parishad (VHP), reportedly objected to Ahmed’s use of the word “Baba” in his shop’s name. They allegedly demanded that the name be changed, claiming the term was exclusive to Hindu religious figures.

When Kumar intervened and asked why an elderly man was being threatened, he was reportedly told not to interfere.

The viral moment: “My name is Mohammad Deepak”

A video of the confrontation — later widely circulated across social media platforms — shows Kumar directly questioning the mob’s logic. He is heard asking why other shops are allowed to use the word “Baba” but Ahmed’s shop is not, and whether a three-decade-old establishment should now be forced to change its identity.

When members of the group ask Kumar his name, he responds: “My name is Mohammad Deepak.”

Speaking later to The Indian Express, Kumar clarified that the statement was deliberate and symbolic. “I intended to convey that I was an Indian and that everyone is equal before the law,” he said.

The phrase quickly went viral, earning praise across social media — but also, according to Kumar, triggering threats against him and his family.

 

The shopkeeper’s complaint and the first FIR

Following the January 26 incident, Vakeel Ahmed filed a police complaint, stating that three to four men claiming to be Bajrang Dal members had entered his shop, threatened him, and warned of “serious consequences” if he did not change the shop’s name.

Based on this complaint, police registered an FIR at Kotdwar police station under multiple provisions of the Bharatiya Nyaya Sanhita (BNS), including:

  • Section 115(2) – voluntarily causing hurt
  • Section 333 – house-trespass after preparation for hurt, assault or wrongful restraint
  • Section 351(2) – criminal intimidation
  • Section 352 – intentional insult with intent to provoke breach of public peace

The FIR names two individuals and includes unnamed persons, as per The Hindu.

Mobilisation and backlash: Protests against Deepak Kumar

While the initial confrontation ended on January 26, the situation escalated sharply days later.

On January 31, intelligence inputs indicated that people were assembling to confront Kumar at his gym and near Ahmed’s shop. According to a complaint later filed by Sub-Inspector Vinod Kumar, around 30–40 people, arriving in 12–15 vehicles, gathered in Kotdwar.

Many were reportedly from Dehradun and Haridwar and identified themselves as members of the Bajrang Dal, according to Hindustan Times.

Highway blockade, sloganeering, and police confrontation

As per the FIR registered on the sub-inspector’s complaint, the group:

  • Raised slogans near Kumar’s gym
  • Obstructed police personnel deployed at a barrier
  • Removed police barricades
  • Parked vehicles across the road, creating a traffic jam
  • Blocked the National Highway for nearly an hour, affecting civilian traffic and ambulances
  • Marched toward Kotdwar market and Baba School Dress, raising religious slogans and using abusive language

 

After being dispersed once, the group regrouped near Malviya Udyan, in front of the Municipal Council on the National Highway, where they again sat on the road and blocked traffic. The FIR records that the actions created “fear and panic” among passers-by and were aimed at disturbing communal harmony. Based on these events, according to IE, police registered an FIR against unknown persons under sections relating to:

  • Unlawful assembly
  • Obstruction of public servants
  • Breach of peace
  • Promoting enmity between groups

A parallel FIR — this time against the interveners

In a development that drew widespread criticism, Uttarakhand Police also registered an FIR against Deepak Kumar and Vijay Rawat, another local resident who had supported Ahmed on January 26.

According to The Hindu, this FIR was filed following complaints by Gaurav Kashyap, reportedly a VHP member, and Kamal Pal, identified as a Bajrang Dal member.

The complainants alleged that Kumar and Rawat:

  • Assaulted them
  • Snatched money, watches, and mobile phones
  • Hurled caste-based slurs
  • Acted as part of a violent mob

The police booked Kumar and Rawat on charges including criminal intimidation, voluntarily causing hurt, rioting, and breach of peace.

Superintendent of Police Sarvesh Panwar told The Hindu that the complainants claimed to have been conducting a “door-to-door outreach initiative” at the time of the incident.

Deepak Kumar’s response: “Why am I booked, not the harassers?”

Kumar has denied the allegations and questioned the police’s approach. Speaking to the media, he said that his life and his family’s safety were under threat and asked why action had been taken against him while those accused of harassing a 70-year-old shopkeeper remained at large.

In a subsequent Instagram video, Kumar said: “I am not Hindu, not Muslim, not Sikh, not Christian. First and foremost, I am a human being… No one should be targeted for their religion.”

He added that while hatred spreads easily, standing up for love and humanity requires courage.

 

Police position: “Law and order first”

Addressing the controversy, SSP Sarvesh Panwar stated that all FIRs were registered to prevent escalation and maintain law and order. He confirmed that police personnel were present during the protests and had directly witnessed the blockade and sloganeering.

Police said:

  • Video footage is being examined to identify participants
  • Statements of all involved parties are being recorded
  • Additional forces have been deployed in Kotdwar following intelligence inputs about possible fresh mobilisation

A senior officer quoted by The Hindu said investigations would proceed strictly on legal grounds and that “no one found guilty will be spared.”

Political and civil society reaction

The FIR against Kumar and Rawat triggered sharp criticism from civil rights activists, lawyers, and social media users, many of whom argued that the state appeared to be penalising those who intervened against intimidation rather than those who initiated it.

Congress leader and Leader of the Opposition Rahul Gandhi publicly backed Kumar, calling him a “living symbol of love in the marketplace of hate.” In a post on X, Gandhi accused the Sangh Parivar of deliberately fostering division and alleged that the Uttarakhand government was siding with “anti-social forces.”

“We need more Deepaks — those who do not bow, who do not fear, and who stand firmly with the Constitution,” Gandhi wrote.

 

Senior Congress leader Suryakant Dhasmana said that the Kotdwar incident, along with other recent communal and targeted attacks in Uttarakhand, had seriously damaged the state’s social fabric.

An unresolved moment

As of now, three separate FIRs remain under investigation:

  1. The shopkeeper’s complaint against alleged Bajrang Dal members
  2. The police FIR against unidentified protestors for highway blockade and disorder
  3. The FIR against Deepak Kumar and Vijay Rawat based on right-wing complaints

Police deployment remains heightened in Kotdwar, and authorities have appealed for calm while warning against the spread of unverified information online. What began as a neighbourhood dispute over a shop name has now become a test case for how the state responds when ordinary citizens intervene against communal intimidation — and whether standing up for constitutional equality comes at a legal cost.

 

Related:

CJP files NBDSA complaint over Zee News’s ‘Kalicharan Maharaj vs 4 Maulanas’, alleging communal framing and hate tropes

From Purola to Nainital: APCR report details pattern of communal violence in Uttarakhand

Uttarakhand HC pulls up police over mob attack in Ramnagar, seeks action against BJP leader for inciting communal violence

Uttarakhand High Court slams police and authority for failure in maintain law and order

‘Eid Gift’: Uttarakhand CM Dhami Renames17 Places With Muslim-Sounding Names

7-year-old Muslim boy allegedly assaulted by teachers in Uttarakhand’s govt school, FIR registered

 

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Hearing in batch of CJP-led petitions challenging state Anti-Conversion laws defers in SC; Interim relief applications pending since April 2025 https://sabrangindia.in/hearing-in-batch-of-cjp-led-petitions-challenging-state-anti-conversion-laws-defers-in-sc-interim-relief-applications-pending-since-april-2025/ Mon, 02 Feb 2026 12:10:37 +0000 https://sabrangindia.in/?p=45760 Petitions pending since 2020 challenge the constitutional validity of conversion-regulating laws enacted by nine States; next hearing scheduled for February 3, 2026

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On January 28, 2026, the Supreme Court could not take up for hearing the batch of writ petitions, led by Citizens for Justice and Peace, challenging the constitutional validity of various State enactments regulating religious conversion due to paucity of time. The matter was listed before a Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi, but could not reach in the course of the day’s proceedings. The Court has now directed that the matter be listed on February 3, 2026. CJP’s band of counsel have been prepared to urge a hearing on their application for a stay on the most egregious provisions of the states’ anti-conversion laws.

This was the thirteenth occasion on which the petitions have been listed before the Supreme Court. The proceedings arise from a group of writ petitions pending since 2020, raising substantial constitutional questions concerning the scope of freedom of conscience, personal liberty, equality, and the extent of State power to regulate religious conversion and interfaith marriages. Senior Advocate Chander Uday Singh, Advocate Srishti Agnihotri and Advocate Sanjana Thomas are representing CJP, the first and lead petitioner in the case.

Origin and expansion of the challenge

The challenge was first initiated in January 2020, when the Supreme Court issued notice on petitions questioning the constitutional validity of laws enacted by certain States to regulate religious conversion. These early petitions focused on statutes in Uttar Pradesh, Uttarakhand, Madhya Pradesh, and Himachal Pradesh.

Over time, similar laws were enacted in additional States. In 2023, the Supreme Court permitted Citizens for Justice and Peace (CJP)—the lead petitioner in the batch—to amend its writ petition to bring within the scope of the proceedings comparable statutes enacted in Chhattisgarh, Gujarat, Haryana, Jharkhand, and Karnataka. As a result, the present batch now concerns nine State enactments, each styled as a “Freedom of Religion” or “Prohibition of Unlawful Conversion” law.

The petitions contend that although framed as measures to prevent forced or fraudulent conversions, the impugned statutes impose criminal, procedural, and administrative burdens on the exercise of individual choice in matters of faith and marriage.

Hearing of April 16, 2025: Applications for early hearing and interim relief

A significant procedural development occurred on April 16, 2025, when the Supreme Court heard applications filed by Citizens for Justice and Peace seeking (i) an early hearing of the long-pending petitions and (ii) interim relief in light of continued enforcement of the impugned laws.

The matter was heard by a Bench comprising then Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar. The applications were filed against the backdrop of the ongoing operation of the anti-conversion statutes across several States and subsequent legislative amendments, including amendments enhancing penalties and expanding the scope of offences.

Appearing for CJP, Senior Advocate Chander Uday Singh submitted that the interim applications were necessitated by the manner in which the laws were being implemented on the ground. It was urged that certain provisions—particularly those relating to prior declarations before conversion, criminalisation of conversion associated with marriage, third-party complaints, and reversal of burden of proof—were resulting in repeated invocation of penal provisions against consenting adults. Singh requested the Court to issue notice on the interim relief application and to stay the operation of the most consequential provisions pending final adjudication.

On behalf of the Union of India, Solicitor General Tushar Mehta contested the submission that there were instances of misuse warranting interim relief. In response, the Bench directed Attorney General R. Venkataramani to examine the applications and indicate the Union’s position on the various prayers raised therein, including identifying aspects that may not be opposed.

The Court further directed that States and non-applicants file responses to the interim applications, even in the absence of a formal notice, with a view to ensuring that pleadings are completed expeditiously. The matter was directed to be listed on a non-miscellaneous day, signalling the Court’s intent to take up the applications in a substantive manner.

Details of the proceedings may be read here.

Proceedings of September 16, 2025: Directions on pleadings and de-tagging

The batch of petitions, along with the pending interlocutory applications, came up for consideration on September 16, 2025, before a Bench comprising then Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran.

At this stage, the Court directed nine respondent States—Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand, and Karnataka—to file detailed responses to the applications seeking interim stay of their respective statutes.

The Court granted four weeks’ time to the States to file affidavits in reply and indicated that the matter would be taken up for consideration of interim relief after completion of pleadings. To facilitate the preparation of common compilations and streamline submissions, the Court appointed Advocate Srishti Agnihotri as nodal counsel for the petitioners and Advocate Ruchira Goel as nodal counsel for the respondents.

During the same hearing, the Court considered a separate Public Interest Litigation filed by Advocate Ashwini Upadhyay, which sought directions for a pan-India law to criminalise religious conversions carried out through deceit or coercion. The Bench clarified that the subject matter of that petition was distinct from the constitutional challenge to existing State enactments and accordingly de-tagged the Upadhyay petition from the present batch.

Detailed proceedings may be read here.

Nature of the impugned statutes

Across the nine States, the impugned laws generally contain provisions that regulate religious conversion through a combination of prior declarations, criminal penalties, and procedural presumptions. The petitioners have argued that these provisions, taken together, create a legal regime in which conversion is treated as inherently suspect, particularly when it occurs in the context of interfaith relationships or marriage.

A central feature of many of the statutes is the requirement that a person intending to convert must give prior notice to a District Magistrate or other designated authority. In several States, this declaration is followed by a police inquiry or verification process, and in some cases, the declaration is required to be publicly displayed. The petitions argue that such requirements subject the exercise of freedom of conscience to prior executive approval, thereby altering the constitutional relationship between the individual and the State.

Another significant feature is the manner in which conversion associated with marriage is addressed. Several statutes presume that conversion undertaken for the purpose of marriage is suspect and may amount to conversion by force, fraud, or allurement. According to the petitioners, this effectively places consensual interfaith marriages under criminal scrutiny, even in the absence of any allegation by the individuals concerned.

The statutes also commonly permit persons other than the allegedly aggrieved individual to lodge complaints, thereby enabling third-party intervention in private relationships. In addition, many of the laws reverse the burden of proof, requiring the accused to demonstrate that a conversion was voluntary, and impose stringent bail conditions that can result in prolonged incarceration.

During the course of the hearings, CJP (petitioners) drew the Court’s attention to legislative amendments and judicial developments relating to individual State statutes.

Particular reference was made to amendments introduced by the State of Uttar Pradesh in 2024 to its Prohibition of Unlawful Conversion of Religion Act. It was submitted that these amendments enhanced the penal consequences under the statute, including the introduction of minimum sentences extending to long terms of imprisonment and the imposition of bail conditions similar to those found in special statutes. It was also pointed out that the amendments expanded the category of persons who may lodge complaints under the Act.

The petitioners (CJP) also relied on interim orders passed by High Courts in challenges to similar laws. The Gujarat High Court has stayed the operation of certain provisions of the Gujarat Freedom of Religion Act on the ground that they impinge upon the right of consenting adults to marry. The Madhya Pradesh High Court has stayed provisions requiring prior declaration to the District Magistrate. Appeals against these interim orders are presently pending before the Supreme Court.

Related proceedings and de-tagging of a connected petition

During the September 16, 2025 hearing, the Supreme Court also addressed the status of a petition filed by Advocate Ashwini Upadhyay, which sought directions for the enactment of a central law regulating religious conversions. The Court directed that this petition be de-tagged from the present batch, observing that its subject matter was distinct from the challenge to the constitutional validity of existing State enactments.

Submissions on personal liberty and gender concerns

In addition to CJP, several interveners have placed submissions on record. The National Federation of Indian Women (NFIW) has raised concerns regarding the impact of these laws on women’s autonomy, particularly in cases involving interfaith relationships. It has been contended that the statutory framework tends to treat adult women as lacking agency in matters of choice, thereby inviting State and familial intervention.

Position as of the latest listing

As of the listing on January 28, 2026, the Supreme Court has not yet heard arguments on the interlocutory applications seeking interim relief, nor has it commenced final hearing on the constitutional validity of the impugned statutes. The matter now stands listed for February 3, 2026.

The outcome of the forthcoming proceedings will determine whether interim directions are issued pending final adjudication of questions that bear on the interpretation of Articles 14, 21, and 25 of the Constitution, and on the extent to which the State may regulate religious conversion without infringing upon personal liberty and freedom of conscience.

Below is a table, computed for the CJP’s 2020 petition and presented to the Court, which provides the most egregious sections of the law in some of these states:

UP ordinance HP Act Uttarakhand Act MP ordinance
Definitions

 

“Allurement” means and includes offer of any temptation in the form of any gift or gratification or material benefit, either in cash or kind or employment, free education in reputed school run by any religious body, easy money, better lifestyle, divine pleasure or otherwise;

 

“Inducement” means and includes offer of any temptation in the form of any gift

or gratification or material benefit, either in cash or kind or employment, free

education in reputed school run by any religious body, easy money, better

lifestyle, divine pleasure or otherwise;

“Allurement” means and includes offer of any temptation in the form of any gift or gratification or material benefit, either in cash or kind or employment, free education in reputed school run by any religious body, easy money, better lifestyle, divine pleasure or otherwise;

 

“Allurement” means and includes offer of any temptation in the form of any gift or gratification or material benefit, either in cash or kind or employment, education in reputed school run by any religious body, better lifestyle, divine pleasure or promise of it or otherwise;

 

 

“Convincing for conversion” means to make one person agree to renounce one’s religion and adopt another religion;

 

“Force” includes a show of force or a threat of injury of any kind to the person converted or sought to be converted or to any other person or property

 

“Force” includes a show of force or a threat of injury of any kind to the person converted or sought to be converted or to any other person or property including a threat of divine displeasure or social excommunication;

 

“Force” includes a show of force or a threat of injury of any kind to the person converted or sought to be converted or to any other person or property including a threat of divine displeasure or social excommunication;

 

“Force” includes a show of force or a threat of injury of any kind to the person converted or to his parents, siblings or any other person related by marriage, adoption, guardianship or custodianship or their property including a threat of divine displeasure or social excommunication
“Fraudulent means” includes impersonation of any kind, impersonation by false name, surname, religious symbol or otherwise “fraudulent” means to do a thing with intent to defraud “Fraudulent” includes misrepresentation of any kind or any other fraudulent contrivance

 

“Fraudulent” includes misrepresentation of any kind or any other fraudulent contrivance

 

“Coercion” means compelling an individual to act against his/her will by the use of psychological pressure or physical force causing bodily injury or threat thereof;

 

“Coercion” means compelling an individual to act against his will by the use of psychological pressure or physical force causing bodily injury or threat thereof;

 

“Coercion” means compelling an individual to act against his will by the use of psychological pressure or physical force causing bodily injury or threat thereof;

 

“Coercion” means compelling an individual to act against his will by any means whatsoever including the use of psychological pressure or physical force causing bodily injury or threat thereof;

 

“Undue influence” means the unconscientious use by one person of his/her power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence.

 

“Undue influence” means the unconscientious use by one person of his power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence.

 

“Undue influence” means the unconscientious use by one person of his power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence.

 

 

“Undue influence” means the unconscientious use by one person of his power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence.

 

 

“Conversion” means renouncing one’s own religion and adopting another

 

“Conversion” means renouncing one religion and adopting another

 

“Conversion” means renouncing one religion and adopting another “Conversion” means renouncing one religion and adopting another but the return of any person already converted to the fold of his parental religion shall not be deemed conversion
“Religion convertor” means person of any religion who performs any act of conversion from one religion to another religion and by whatever name he is called such as Father, Karmkandi, Maulvi or Mulla etc “Religious priest” means priest of any religion who performs purification Sanskar or conversion ceremony of any religion and by whatever name he is called such as pujaripanditmulla, maulvi, father etc.,

 

“Religious priest” means priest of any religion who performs purification Sanskar or conversion ceremony of any religion and by whatever name he is called such as pujaripanditmulla, maulvi, father etc.,

 

“Religious priest” means and includes a person professing any religion and who performs rituals including purification Sanskar or conversion ceremony of any religion and by whatever name he is called such as pujaripanditqazimulla, maulvi and father

 

“Mass conversion” means where two or more persons are converted “Mass conversion” means where more than two persons are converted at the same time
“unlawful conversion” means any conversion not in accordance with law of the land
Punishment for contravention of
Section 3 Section 3 Section 3 Section 3
Min. 1 year

Max. 5 years

Fine of Min. Rs. 15,000

Min. 1 year

Max. 5 years

Fine (no specific amount)

Min. 1 year

Max. 5 years

Fine (no specific amount)

Min. 1 year

Max. 5 years

Fine of Min. Rs. 25,000

If unlawful conversion is against minor/woman/SC ST
Min. 2 years

Max. 10 years

Fine of min. 25,000

Min. 2 years

Max. 7 years

Fine (no specific amount)

Min. 2 years

Max. 7 years

Fine (no specific amount)

Min. 2 years

Max. 10 years

Fine of min. 50,000

Conceals religion while marrying person of other religion
No such provision No such provision No such provision Min. 3 years

Max. 10 years

Fine of min. 50,000

If mass conversion is committed
Mins. 3 years

Max. 10 years

Fine of min. 50,000

No such provision No such provision Mins. 5 years

Max. 10 years

Fine of min. 1,00,000

Compensation
Court shall order accused to pay victim compensation max. Rs. 5 lakhs No such provision No such provision No such provision
Repeat offender
For every subsequent offence, punishment not exceeding double the punishment provided for in the ordinance No such provision No such provision Mins. 5 years

Max. 10 years

Fine (no specific amount)

Failure of individual to give declaration to DM before conversion
Min. 6 months

Max. 3 years

Fine of min. Rs. 10,000

Min. 3 months

Max. 1 year

Fine

Min. 3 months

Max. 1 year

Fine

No such provision
Failure of religious priest to give notice to DM
Min. 1 years

Max. 5 years

Fine of min. Rs. 25,000

Min. 6 months

Max. 2 years

Fine

Min. 6 months

Max. 2 years

Fine

Min. 3 years

Max. 5 years

Fine of min. Rs. 50,000

Violation of provisions by institution/organization
the person in charge is liable as an individual would be, under the relevant provisions the person in charge is liable as an individual would be, under the relevant provisions the person in charge is liable as an individual would be, under the relevant provisions the person in charge is liable as an individual would be, under the relevant provisions
the registration of the institution or organization may be cancelled upon reference made by DM in this regard the registration of the institution or organization may be cancelled after giving opportunity to be heard. the registration of the institution or organization may be cancelled after giving opportunity to be heard. the registration of the institution or organization may be rescinded by competent authority
Parties to offence
Anyone who does the act, enables (or omits to), aids, abets, counsels, convinces or procures any other person to commit the offence Anyone who does the act, enables (or omits to), aids, abets, counsels, causes any other person to commit the offence Anyone who does the act, enables (or omits to), aids, abets, counsels, procures any other person to commit the offence No such provision
Burden of proof
To prove that conversion

was not effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage lies on the person who has caused the conversion or if facilitated, then by that person

To prove that conversion

was not effected through misrepresentation, force, undue influence, coercion, inducement or by any fraudulent means or by marriage lies on the person so converted or if facilitated, then by that person

To prove that conversion

was not effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage lies on the person so converted or if facilitated, then by that person

To prove that conversion

was not effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage lies on the accused

 

Detailed reports may be read here and here.

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The post Hearing in batch of CJP-led petitions challenging state Anti-Conversion laws defers in SC; Interim relief applications pending since April 2025 appeared first on SabrangIndia.

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Ajit Pawar’s death and the deprivation of everyday connectivity & transport https://sabrangindia.in/ajit-pawars-death-and-the-deprivation-of-everyday-connectivity-transport/ Mon, 02 Feb 2026 06:33:42 +0000 https://sabrangindia.in/?p=45778 The death of Ajit Pawar, Maharashtra’s deputy chief minister, in a crash on the airfield of his hometown Baramati in Pune district on January 28 should raise serious questions. True there were problems of air safety but the more important question that is not raised is why there is such gross discrimination against common people […]

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The death of Ajit Pawar, Maharashtra’s deputy chief minister, in a crash on the airfield of his hometown Baramati in Pune district on January 28 should raise serious questions. True there were problems of air safety but the more important question that is not raised is why there is such gross discrimination against common people when it comes to transport.

His tragic death has been widely mourned but it should also lead to soul searching beyond improving VIP travel modes. They get all the attention, they choose to spend huge amounts chartering aircraft even when there is no urgency for travel, they build airports in their areas leaving State bus transport in a shambles, the bus stations are dirty, basic amenities are lacking.

Similar neglect of a train travel long distance as well travel in urban areas. In Mumbai 3,000 people fall from overcrowded trains each year, three days before Ajit Pawar’s death, a college lecturer was murdered in a local train in Mumbai due to tension caused by overcrowding.

On roads in the country over 100,000 are killed in crashes, many more are injured every year and the numbers keep rising. But there is little media attention, little discussion on TV channels which spend hours on deaths of people like Ajit Pawar or when there was the Indigo air disruption. Far more disruption is caused to millions on a daily basis to ordinary people which never gets the focus.

Our ecosystem now exists largely to serve political, corporate and VVIP clients — an ecosystem where aircraft are booked at short notice, routes change rapidly and operators compete to provide speed and reliability. This demand structure means aircraft are often flying multiple sectors in a single day, crews are working tight rotations, and planning windows are compressed. While none of this automatically implies unsafe operations, it creates an environment where margins are thinner and the system relies heavily on strict procedural discipline to compensate for Even during investigations into the Baramati crash, VSR aircraft were used to ferry politicians for funeral-related travel, underscoring the company’s continued role in high-profile political transport, points out Shreedhar Rathi, aviation writer.

Santosh Desai said in response to the Indigo, disruption, mismanagement. When airports were being built and modernised in the 1990s and 2000s, railway stations were also there, also serving millions. The choice to pour resources into airport infrastructure while leaving railway infrastructure as it was did not arise from abstract economic reasoning. It reflected a clear judgment about whose comfort mattered, whose complaints would be heard and which spaces needed to perform India’s modernity to the world.

Even when stations are redesigned, the aesthetic choices tell their own story. They gain glass facades, retail units and food courts. They are remade to resemble consumption spaces rather than transportation hubs.

What is being modernised is not only travel but the traveller. The aim is to turn them into a new category of person, someone who buys a latte, a fancy coffee cup, rather than someone who sits on a platform eating from a tiffin. It is a prefab vision of modernity often unconcerned with what railway users actually need.

When passengers complained that airports looked like railway stations, they were not merely pointing out operational failures. They were confronting the fear of category collapse, the discovery that their status as air travellers rested on fragile foundations and that a system breakdown could render them ordinary again. They had paid for elevation but found themselves in conditions they recognised from the category they believed they had left behind. Without the confirming architecture, they became just people in a crowded building, shouting to be heard.

When IndiGo flight cancellations caused massive chaos, newsrooms called in panels to discuss the ‘crisis’. But delays on trains, including the Rajdhani whose fares now match those of a budget flight, feels ‘normal’. Over 23 million people take trains every day, which is 51 times the number of air passengers, and an estimated 20% of long-distance trains experience delays of several hours.

Passengers inconvenienced by the flight crisis were described as the ‘stranded middle class’, officially numbering 4.5 lakh daily flyers according to the Directorate General of Civil Aviation. But what about the beedi-roller in Bihar rushing to a clinic or the daily wage worker from Patna standing for 12 hours in a general compartment? As the sociologist, Ashis Nandy, points out in The Intimate Enemy, the post-colonial elite’s sense of time favours the clock of capital over the rhythms of the struggling classes. This makes waiting seem like a normal part of life for the impoverished.

daily wage worker from Patna standing for 12 hours in a general compartment, pointed out Ankita Jain in an article in the Telegraph earlier this month.

Ajit was also known as Ajitdada

The original Dada in Maharashtra’s politics was Vasantdada Patil, former chief minister, whose government was toppled by Mr Sharad Pawar through defections and alliances in 1978.  SP (Sharad Pawar) was then a young man, I was recently looking at all the names in his ministry, all are gone, he remains but clearly now he has really aged.

Vasantdada came to acquire the respectful way of address (Vasantdada) through love: he was a freedom fighter, knew difficult days, there were times when he travelled second class by train to attend Congress meetings.

Sharad Pawar never acquired the title dada, he remained Sharad Pawar in the media, at best during personal meetings people would call him, saheb, Sharad rao, sir etc. He never instilled fear.

Ajitdada grew in entirely different circumstances, he acquired power at a very young age becoming a minister in SP’s ministry when I met him a few times, never later. His becoming a dada is relatively a later phenomenon.

Politics has changed so much in the last few weeks. I saw Supriya Sule in a jovial mood at the inauguration of the golden jubilee of Stree Mukti Sanghatana at Y.B. Chavan Centre last month.

She cracked jokes about there being both Pawar and Shinde in her family, her mother is originally a Shinde (the daughter of cricketer Sadu Shinde.). She was referring to the two deputy c.ms, Pawar and Shinde. She said people should not draw any conclusions from what she was saying.

Subsequently there were reports that she may be drafted into the ministry at the Centre following the alliance with the AP (Ajit Pawar) faction.

Sanjay Raut of the Uddhav Sena made a valid point in a news conference that top ministers should not exert too much, should not travel too much by air, they should leave decisions to other leaders, they themselves need not campaign in every lower level election. All this was taking toll of their health.

After all these years in the profession, I get a feeling that journalists can be too liberal in their understanding of politicians, even naïve. They get easily carried away with all the hospitality they enjoy, they must realise that the politician treats you well because you have clout, you are from the media. They may give you a scoop, but in that also they have a motive, else they would just keep their mouth shut. The question is how the politician treats common people, that is the real test.

These journalists praise some politicians for working hard, the question is working hard for whom? They are busy enriching themselves, average politicians with some standing now have assets running into crores of rupees.

If the politicians were so competent, why are their constituencies getting, worse, unliveable?

(The author is a senior journalist and commentator; the present text is from his post on Facebook on January 31, 2026 that may be read here)


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