SabrangIndia https://sabrangindia.in/ News Related to Human Rights Sat, 02 May 2026 08:49:38 +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 Manipur Year 4: Guns Without Justice https://sabrangindia.in/manipur-year-4-guns-without-justice/ Sat, 02 May 2026 08:49:38 +0000 https://sabrangindia.in/?p=46954 Three years into the worst episode of ethnic violence, marked by grave allegations of state failure and complicity, in post-independence India, the central government is preparing to deploy around 100 battalions of paramilitary forces to the north-east, principally into Nagaland and ravaged Manipur. Declaring on March 31, 2026, that the Maoist insurgency in central India […]

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Three years into the worst episode of ethnic violence, marked by grave allegations of state failure and complicity, in post-independence India, the central government is preparing to deploy around 100 battalions of paramilitary forces to the north-east, principally into Nagaland and ravaged Manipur.

Declaring on March 31, 2026, that the Maoist insurgency in central India had been defeated after six decades, Union Home Minister Amit Shah announced the redeployment of battle-hardened Central Armed Police Forces from Chhattisgarh, Jharkhand and Odisha, promising to end insurgency in the hills before the 2029 general elections.

Shah described the period since Narendra Modi became Prime Minister in 2014 as a golden era for internal security, covering Kashmir and the north-east alongside the defeat of left-wing extremism.

Shah has not indicated how he intends to help the Manipur government resolve the crisis that continues to grip the state, where more than 260 people were killed, mostly Christian Kuki-Zo, over 300 churches and some 10,000 houses destroyed, and a lakh of persons displaced. Around 60,000 shelter in churches and private refuges in the hills where the Kuki-Zo have lived for generations; several hundred others are scattered across Delhi, Bangalore, Shillong and Guwahati as migrant workers.

The violence began on May 3, 2023, in the Meitei-dominated valley with arson and sexual assault. Political groups loyal to then Chief Minister Biren Singh paraded through the streets alongside police as naked women, just raped, were forced to walk in public view.

Singh, compelled to resign on February 9, 2025, has not reconciled to his removal and is considered still capable of manipulating volatile public opinion; he is also allegedly in the know of the drug economy that underpins instability in this border state.

For the Kuki-Zo still in relief camps or rented accommodation in Delhi, Bangalore, Shillong and Guwahati — dispossessed, un-rehabilitated, watching the third anniversary of their ethnic cleansing pass with no arrest for rape or murder — the prospect of more boots in Manipur carries a particular, bitter meaning.

More than 270 lives have been lost since May 3, 2023, including several central and state force personnel. Not one person has been convicted.

The CRPF, the force being redeployed from Chhattisgarh, is the same force that on April 7, 2026, fired on civilian protesters in Bishnupur district, killing three. More men and weapons — without accountability, without justice, without rehabilitation — is not a peace plan.

The immediate political crisis is in Imphal. COCOMI, the most powerful Meitei civil society umbrella body, announced in mid-April a complete boycott of the BJP in Manipur, appealing to the public to refuse to participate in any party activities and demanding a statement from Chief Minister Yumnam Khemchand Singh on his government’s failure to protect civilians.

On April 25, after a statewide shutdown and processions from multiple Imphal neighbourhoods, a COCOMI delegation submitted a seven-point memorandum, warning: “We will not be submitting a memorandum anymore after this.”

The seven demands — abrogating the Suspension of Operations agreement with Kuki-Zo armed groups, updating the National Register of Citizens, securing accountability for killings since May 2023, ending narco-terrorism, and ensuring accountability for the Tronglaobi deaths — reflect Meitei political grievances.

What the Meitei group is pressing for is not justice for Kuki-Zo rape survivors but the elimination of Kuki underground groups and the exclusion of alleged illegal immigrants from Myanmar who are kin tribes of the Kuki-Zo.

The two communities’ definitions of justice are irreconcilable without political mediation that has yet to arrive. A Kuki-Zo political bloc of ten MLAs — seven of them BJP members — has said it will not re-enter government without written commitments on a separate administration.

For 864 days after violence began, Prime Minister Narendra Modi did not visit Manipur, speaking of the crisis for the first time only on July 20, 2023, more than two months after it erupted.

He finally visited on September 13, 2025 — a three-hour trip to Churachandpur, headquarters of the Kuki region, and Imphal. He promised housing for internally displaced persons without specifying location or timeline, since the return of Kuki tribals to the valley depends on talks that remain inconclusive.

Congress general secretary Priyanka Gandhi Vadra responded: “It is unfortunate that he allowed this to go on for so long, with so many killed and so much strife, before deciding to visit. That has not been the tradition of Prime Ministers in India.”

The government officially confirmed 58,821 displaced persons in 174 relief camps, 7,894 permanent houses destroyed and 2,646 partially destroyed. It had promised all displaced would return home by March 31, 2026.

That deadline passed without a single return. The Kuki-Zo cannot return to the Imphal valley — their homes no longer exist or are occupied by others. National highways between the hills and the valley function, in effect, as ethnic frontlines, with members of both communities unable to cross safely into each other’s areas.

Human rights defender Babloo Loitongbam, himself a Meitei who faced assault and threats for speaking out, stated: “Thousands are still unable to return home — not by choice, but due to ongoing fear and insecurity. Numerous homes have been destroyed, while others remain occupied by vigilante groups, making return impossible without proper state intervention and guarantees of safety.”

Amnesty International India’s chair Aakar Patel said in May 2025: “It is unacceptable that the Indian government has failed to address the humanitarian needs and implement a rehabilitation policy for displaced communities who remain in relief camps two years since the ethnic violence began. This inaction has left tens of thousands in limbo, forced to endure life in inhumane conditions with no end in sight.”

The thousands of Kuki-Zo in Delhi, Shillong and Bangalore receive no official recognition as internally displaced persons and have no status under any central government scheme. Their children are enrolled wherever schools will accept them; their elders are dying far from their ancestral villages. The Kuki Students’ Organisation, Delhi and NCR, has functioned as a government in exile — maintaining documentation, filing petitions, holding vigils at the Constitution Club — with no other institution stepping forward for them.

The single most damning fact, at the start of the fourth year, is that no one has been convicted for any act of violence, murder, rape or arson committed since May 3, 2023.

The Supreme Court expressed shock at the fourteen-day delay in registering a Zero FIR for two women stripped, paraded naked and gang-raped by a mob whose perpetrators were clearly visible in a viral video circulated in July 2023.

One of those survivors, aged eighteen at the time of the assault, spent nearly three years moving between hospital wards in Guwahati. She died on January 10, 2026, aged approximately twenty, from injuries sustained during the violence.

Aakar Patel said: “This woman’s death is a devastating indictment of the Indian state’s continuing failure to deliver timely justice to survivors of sexual violence.” Committee on Tribal Unity spokesman Ng. Lun Kipgen noted: “Our brave girl survived the violence, but not the silence.” No perpetrator has been arrested. No senior police officer has faced disciplinary proceedings for the delay in filing the FIR or for failing to pursue the investigation.

The Wire’s investigative correspondent Greeshma Kuthar stated: “The Arambai Tenggol led mobs to Kuki-Zo villages that were burnt down, killed people and slaughtered them. There are FIRs naming them as accused in sexual assault of Kuki-Zo women. There are viral videos of their members beheading people — with no consequences.” No Arambai Tenggol leader has been arrested. Neither the central government nor Manipur state officials condemned the group’s violence.

The PUCL Independent People’s Tribunal, chaired by former Supreme Court judge Justice Kurian Joseph, released its report in August 2025 after taking testimony across Manipur and Delhi over more than a year. It documented survivors’ deep-rooted belief that the state either allowed the violence to happen or actively participated in it.

Many deponents attributed the killings to the political and administrative decisions of former Chief Minister Biren Singh. The jury recorded its disturbance at the brutality — people killed, butchered, tortured, dismembered, disrobed and sexually assaulted in public, their suffering then displayed on social media.

Audio evidence submitted to the court suggested that Singh had prior knowledge of the village attacks. The government’s own Commission of Inquiry, headed by former Guwahati High Court Chief Justice Ajai Lamba (he resigned and was replaced by retired Supreme Court judge Balbir Singh Chauhan as chair in February 2026), has had its mandate extended multiple times and now runs to May 2026.

The Supreme Court’s observation of an “absolute breakdown of law and order,” its shock at police delays in registering FIRs for sexual violence, and its orders transferring certain cases to the CBI produced documentation but not accountability.

The International Crisis Group, in its February 2025 report, called on New Delhi to urgently address the Kuki-Zo demand for a separate administration, noting that the constitutional precedent already exists in the autonomous district councils of Assam, Meghalaya, Tripura and Mizoram. That call has not been answered.

More CRPF battalions were present in Manipur on May 3, 2023, than in most Indian states. They did not stop the burning of churches in Churachandpur. They did not prevent the looting of police armouries. By October 2023, an estimated 6,000 weapons and 600,000 rounds of ammunition had been seized, along with mortars, grenades and police uniforms, of which only approximately a quarter had been recovered. They did not arrest Arambai Tenggol commanders. On April 7, 2026, they fired on Meitei protesters in Bishnupur, killing three. Armed force, without political will or accountability structures, does not resolve ethnic conflict.

Benjamin Mate, chairman of the Kuki Organisation for Human Rights Trust, has stated what justice requires: “The Government of India must appoint an independent commission to thoroughly investigate the role of senior officials, state bureaucrats, police officials and armed groups during the ethnic violence. Accountability is essential, and only through a transparent and impartial inquiry can justice be delivered to the victims. By consistently failing to hold those suspected of serious human rights violations accountable, the government risks signalling that impunity will persist — ultimately paving the way for further abuses.”

Courtesy: India Currents

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Delhi: Ayaan Saifi, a 19-year old, stabbed to death in nation’s capital on April 30 https://sabrangindia.in/delhi-ayaan-saifi-a-19-year-old-stabbed-to-death-in-nations-capital-on-april-30/ Sat, 02 May 2026 07:48:27 +0000 https://sabrangindia.in/?p=46949 Man stabbed in Trilokpuri: While media focusses on the just concluded state polls, and television channels turn the other way, two media outlets, The Tribune and Observer Post report the stabbing of 19 year old Ayaan Saifi on April 30

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A 16-year-old Muslim boy was stabbed to death in East Delhi’s Trilokpuri area on Thursday evening, April 30, with his family alleging that he was deliberately targeted by a group of young men over a prior dispute he was not involved in. Two accused identified, hunt on to nab them. The crime has been reported in The Tribune. Details have also been published on the portal Observer Post.

According to these reports, the victim, identified as Ayaan Saifi, was an only child who was pursuing his studies while also helping his mother with daily work, according to family members.

The tragic incident took place near a local park in Trilokpuri, a densely populated working-class locality in East Delhi that has witnessed tensions and violent clashes in the past. Eyewitnesses and relatives allege that a group of 6 to 8 men entered the park armed with knives and chased Ayaan before attacking him.

“They surrounded him and stabbed him repeatedly, in the back, stomach, and legs. Even his hand was badly injured,” a relative who claimed to have witnessed the incident said as reported by the media. The family has alleged that the attack was premeditated and linked to an earlier dispute involving a local individual, referred to as “Vakil.” They claim Ayaan had no direct involvement in the matter but was targeted regardless.

“He had no enmity with anyone. They killed him over someone else’s issue,” a family member said. Ayaan was rushed to Lal Bahadur Shastri Hospital in critical condition. According to the family, he briefly regained consciousness during which his statement was recorded by the police.

“He named several attackers. The police recorded everything on video,” a relative alleged, adding that family members were initially not allowed to meet him inside the hospital.

The family further claimed that Ayaan had received threats in the past and that a complaint had been filed months earlier, but no preventive action was taken.

Ayaan Faizi sustained serious stab injuries in East Delhi’s Trilokpuri late on Thursday night. Reports stated that, according to the police, information about the incident was received at the Mayur Vihar police station around 10 pm, following which a team rushed to the hospital where the victim was admitted. After initial treatment, he was shifted to the AIIMS Trauma Centre for advanced care.

Further, police forces stated that preliminary inquiry revealed that the victim, along with a complainant, was near his residence in Trilokpuri when two persons attacked him with knives.Based on the complainant’s statement and medical examination, a case has been registered under relevant sections of the Bharatiya Nyaya Sanhita (BNS) and an investigation has been initiated.

The police have also stated that both accused had been identified and teams are conducting continuous raids to apprehend them. “Technical surveillance, CCTV footage analysis and local intelligence are being utilised to ensure their early arrest,” an officer said. Further investigation is underway, the police said.

Related:

As lynchings “normalise” in ‘New India, a Bihar imam is ‘thrashed, pushed’ from train to die in Bareilly

Bihar under BJP: Hate attacks against Muslims spiral, one dies

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UP: Women protest installation of prepaid smart electricity metres in several districts https://sabrangindia.in/up-women-protest-installation-of-prepaid-smart-electricity-metres-in-several-districts/ Sat, 02 May 2026 07:39:04 +0000 https://sabrangindia.in/?p=46942 At least ten districts of Uttar Pradesh have witnessed widespread women led protests against the hasty, untested installation of pre-paid smart metres that women claim have been programmed to run fast to “inflate” electricity bills

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Local media and social media reports show widespread protests by women, across several districts in Uttar Pradesh have erupted over the installation of prepaid smart electricity meters. Protesting women have alleged that the move will increase costs and burden low-income households.

Residents have also accused the state power department of pushing the rollout as part of a broader privatisation drive, while protestors have demanded a halt to the installations until their concerns about billing transparency and affordability are addressed. Protests have been witnessed in Ferozabad, Lucknow, Meerut, Agra, Kanpur, Haamirpur, Banda and Hapur indicating w widespread public backlash on the question. Protesters allege that these metres have been programmed to run fast leading to inflated electricity bills. Due to the protests, installation of these pre-paid smart metres has been temporarily suspended or stopped.

Officials have acknowledged growing resistance in multiple areas, with demonstrations continuing in towns and villages as authorities attempt to manage the escalating situation.

 

 

Related:

Villagers in UP claim their bills have doubled due to smart meters throw them in protest

 

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As lynchings “normalise” in ‘New India, a Bihar imam is ‘thrashed, pushed’ from train to die in Bareilly https://sabrangindia.in/as-lynchings-normalise-in-new-india-a-bihar-imam-is-thrashed-pushed-from-train-to-die-in-bareilly/ Sat, 02 May 2026 07:27:05 +0000 https://sabrangindia.in/?p=46938 While the incident reportedly took place on April 26, it took sectional media and social media coverage for the Bareilly police to finally admit that the beating to death of Maulana Tausif Raza Manzari was a targeted attack, not an accident on May 1; his wife provided details of a call to her from the dead cleric where he narrated he was under attack

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Bareilly: A 35-year-old imam from Bihar, returning home from a Urs (religio-cultural event) in Bareilly, died after he was mercilessly allegedly thrashed by train passengers and was thrown off the coach near the Bareilly Cantonment railway station on April 26 night. Times of India has reported this killing on its front page on May 2 as have some social media handles before this date.

Reportedly, Tausif Raza Mazhari’s wife, Tabassum Khatoon, said her husband called her around 10.30pm on April 26 informing her that fellow passengers were beating him and accusing him of stealing. Soon after, the phone was switched off.

The TOI has, according to news reports, accessed the autopsy report which mentions five injuries on the face, shoulder and chest. Besides, his skull and all ribs were fractured. The report stated that the cause of death was haemorrhagic shock and coma. It is crucial to note that the spate of lynch killings that began with the brute beating to death, in Maharashtra’s Pune of Mohsin Shaikh (a computer engineer) days after the swearing in of the first Modi government in May 2014 has continued virtually unabated since.

In case of the Bareilly lynching that reportedly took place on May 26 and took the national media six days to publish, initially, police noted the death as an accident. The imam was identified with the help of his Aadhaar card, and the body was sent for post-mortem. This too has been a pattern, with the violent targeting of Muslim individuals, especially young men and clerics being “passed off or recorded” as accidents!

It was only after some media and social media reportage that the Bareilly police reportedly issued a fresh statement on the death of Mazhari, saying “necessary legal action” will be taken. This was after his family specifically gave evidence of assault.

Video of Video published on the social media handle of Observer Post:

Social media posts show widespread protests in Thakurganj, Bihar where a cndle march was held demanding justice for Maulana Tousif Raza Mazhari, the 30 year old cleric whose body was found near the railway tracks in Bareilly on April 26.

It was only after an audio recording of the call was widely circulated online, that the UP police launched a deeper investigation. In the 32-second audio, Mazhari was heard purportedly saying: “Tabassum, call the cops immediately, these people are thrashing me badly.”

Tabassum said on Friday, May 1 as reported by the media “When I told my husband to seek help from other passengers, he replied that no one came forward to help.”

SP (City) Manush Pareek reportedly told the Times of India that, “Mazhari was heading from Bareilly to Siwan. On April 27, GRP was informed about the abandoned body. Initially, it was claimed that the man fell from the train. The audio is under scrutiny. We have assured the family that an FIR would be lodged.”

Another police representative, the Bareilly Junction GRP SHO Sushil Kumar said that Raza was travelling to Siwan on a general ticket. Since the body was found within Bareilly Cantonment police station limits, jurisdiction lies with local police. GRP has no direct involvement; all further investigation will be handled by local authorities concerned.

Related:

Bihar under BJP: Hate attacks against Muslims spiral, one dies

Haldwani: Police allege planned mob attack, as local Muslims state police harassing and detaining family members without evidence

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Workers Cry for Justice! https://sabrangindia.in/workers-cry-for-justice/ Sat, 02 May 2026 07:03:21 +0000 https://sabrangindia.in/?p=46934 The latest issue (dated April 25, 2026) of the popular magazine ‘Frontline’ has an incisive article entitled, ‘What Noida’s worker strikes tell us about the Labour Codes’ broken promise’. Written by T K Rajalakshmi, the summary statement says, “The protests by industrial workers across the National Capital Region and adjoining areas and the violence and […]

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The latest issue (dated April 25, 2026) of the popular magazine ‘Frontline’ has an incisive article entitled, ‘What Noida’s worker strikes tell us about the Labour Codes’ broken promise’. Written by T K Rajalakshmi, the summary statement says, “The protests by industrial workers across the National Capital Region and adjoining areas and the violence and police repression that followed are telling evidence that despite the hollow promises that accompanied the new Labour Codes, little has changed on the ground”.

The opening paras of the article says it all, “It was waiting to happen. Only the “when” was not clear. The buildings in the industrial areas of the National Capital Region (NCR), with their glitzy interiors, could not camouflage the simmering anger of workers inside any longer. When what started as a small bubble of frustration took on the force of a volcanic eruption, fuelled by the oppressive conditions imposed by hostile employers and abetted by compliant governments, nothing could put a lid on it…Thus, in mid-April, workers poured out of their factories, striking work in the industrial area of the New Okhla Industrial Development Authority (Noida) in Uttar Pradesh, fully conscious of the reprisals and the heavy hand of the state that would come into play as the official reaction to their action. But it was a moment that the workers truly owned, and there was no factory that was unaffected…. There was no coordinated action, no direct union involvement. Yet, it seemed like magic. As per some official reports, workers across 82 factories struck work protesting against the 12-hour, 7-day working week and the harsh and unsafe working conditions within the factories, all for a measly monthly wage of Rs. 11,000 to Rs. 12,000.”

On November 21, 2025, the Government began implementing the four Labour Codes (on Wages, Industrial Relations, Social Security, and Occupational Safety, Health and Working Conditions). Concerned citizens, trade unions and opposition parties label them ‘anti-worker.’ Most regard these codes as favouring the corporate sector. Their ‘anti-worker’ dimensions include ‘the hire and fire policy’; ‘curtailing right to strike’; ‘expansion of Fixed-Term Employment (FTE); ‘diluted safety & welfare’

The way the NOIDA workers came out in droves to protest their grim reality is a case in point! The Uttar Pradesh government announced a 21% wage hike, but many workers and unions deemed this insufficient. The police have taken legal action against those (apparently several thousands) involved in the violence. On expected lines, the godified media did not highlight the plight and the protest of the NOIDA workers. The situation of the ordinary worker (particularly casual labourers and migrant workers) in India leaves much to be desired: most of them are at the mercy of employers who are exploitative and corrupt. Workers are often denied just wages and have long hours of work. Many do not get appointment letters nor are there the mandatory ‘Service Conditions.’ Trade Unions in India have become almost non-existent. The COVID period revealed the miserable conditions of the working class.

The month of May begins with the ‘International Workers’ Day’. This Day normally focuses on honouring the global workforce, promoting labour rights, and fighting exploitation. The Catholic Church has consistently championed the cause and the rights of workers. On 15 May 1891, Pope Leo XIII gave the world his path-breaking encyclical, ‘Rerum Novarum’ (‘Of New Things’), regarded as the foundational document of modern Catholic Social Teaching. The encyclical addressed the plight of the working class during the Industrial Revolution. It advocates for worker dignity, the right to form unions, and a just wage, while defending private property and rejecting both socialism and unrestrained capitalism.

In his Encyclical ‘Laborem Exercens’ (On human work), dtd. 14 September 1981, Pope John Paul writes, “the Church considers it her task always to call attention to the dignity and rights of those who work, to condemn situations in which that dignity and those rights are violated, and to help to guide [social] changes so as to ensure authentic progress by man and society.” Later, on 1 May 1991, he promulgated another Encyclical ‘Centesimus Annus’ (‘The Hundredth Year’) to commemorate the historic anniversary of ‘Rerum Novarum’. It reiterated the fundamental vision, of ‘Rerum Novarum’ and   expounded issues of social and economic justice, including a defense of private property rights and the right to form private associations, including labour unions

In keeping with the significance of the day, the Catholic Church celebrates it as the Feast of St. Joseph the Worker. Pope Pius XII established it in 1955, to honour Joseph as the patron of workers and to celebrate the dignity of human labour.

A year ago, on May 8, 2025, Pope Leo XIV was elected to succeed Pope Francis; he assumed office on 18 May. When asked to explain his choice of name, Pope Leo said, “I chose to take the name Leo XIV. There are different reasons for this, but mainly because Pope Leo XIII in his historic Encyclical ‘Rerum Novarum’ addressed the social question in the context of the first great industrial revolution. In our own day, the Church offers to everyone the treasury of her social teaching in response to another industrial revolution and to developments in the field of artificial intelligence that pose new challenges for the defence of human dignity, justice and labour.”

The Catholic Church has been consistent in defending the rights of workers for a more dignified, just and humane life. Cardinal Joseph Cardijn (1882-1967),  founder of the Young Christian Workers , left no stone unturned to focus on the plight of workers and ensure that the teachings of ‘Rerum Novarum’ are mainstreamed in the life and mission of the Church.

Pope Leo XIII says it very strongly in his ‘Rerum Novarum’, “(We must) save unfortunate working people from the cruelty of men of greed, who use human beings as mere instruments for money-making. It is neither just nor human to grind men down with excessive labour.”

The point is:  is anyone listening? Workers must unite! We must heed their cry for justice! We are all called to be in solidarity with workers, to ensure that they have better working conditions, with just wages, normal working hours and above all, to live in dignity!

 April 30, 2026

(The author is a human rights, reconciliation and peace activist)

Related:

India’s New Labour Codes: A critical appraisal

Lockdown has reduced lives of bidi labourers to ashes!

Bandna Parab: A festival that celebrates light and life

Will the 125-year old Bolpur Poush Mela be held this year?

 

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Reproductive Autonomy Cannot Be Subordinated to Adoption: Supreme Court allows termination of 7-month pregnancy of minor https://sabrangindia.in/reproductive-autonomy-cannot-be-subordinated-to-adoption-supreme-court-allows-termination-of-7-month-pregnancy-of-minor/ Mon, 27 Apr 2026 10:56:53 +0000 https://sabrangindia.in/?p=46930 Holding that a woman’s choice is paramount under Article 21, the SC affirms that constitutional courts must prioritise dignity, mental health, and bodily autonomy over statutory limits under the MTP framework

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In a significant affirmation of reproductive autonomy, the Supreme Court of India on April 24, 2026 held that a woman cannot be compelled to continue an unwanted pregnancy merely on the ground that the child may be given up for adoption after birth. Stressing that the decisional autonomy of the pregnant woman must remain paramount, the Court allowed the medical termination of pregnancy of a 15-year-old girl who was over seven months pregnant.

A bench comprising Justice B.V. Nagarathna and Justice Ujjal Bhuyan categorically rejected the argument that the possibility of adoption could justify forcing a woman to carry a pregnancy to term. According to LiveLaw, the Court underscored that such reasoning fundamentally misconceives the issue by shifting focus away from the woman to the unborn child. It observed that it is “easy to say” that a child can be given up for adoption, but that cannot be a valid consideration in cases where the pregnancy itself is unwanted. Compelling a woman to continue such a pregnancy, the Court held, would subordinate her welfare to that of a child yet to be born—an approach incompatible with constitutional guarantees.

The bench made it clear, as reported by LiveLaw, that no court ought to compel a woman, particularly a minor, to carry a pregnancy to full term against her express will. Such compulsion, it warned, would inflict grave mental, emotional, and physical trauma. It further noted that an unwanted pregnancy not only adversely affects the woman but can also have a bearing on the well-being of the child to be born, given the psychological state of the mother. The Court emphasised that a woman’s considered decision to terminate a pregnancy—despite the attendant medical risks—must be respected rather than overridden by paternalistic considerations.

The case arose from a petition filed by the mother of the minor seeking permission for termination beyond the statutory limit prescribed under the Medical Termination of Pregnancy Act, 1971. During the hearing, Tushar Mehta, appearing for the State, pointed to a medical report indicating potential risks to both the girl and the foetus if termination were undertaken at such an advanced stage. He suggested that the child could be placed for adoption through the Central Adoption Resource Authority, assuring that the process would safeguard the privacy and reputation of the minor and her family. He also offered financial assistance to facilitate the process.

The Court, however, firmly pushed back against this line of reasoning. Justice Nagarathna questioned the propriety of suggesting financial aid or adoption as substitutes for respecting the minor’s choice. The bench observed that courts cannot direct women to depend on external financial support in such deeply personal decisions. It pointedly asked what course of action would remain if the minor was unwilling to continue the pregnancy, noting that approximately ten weeks still remained before delivery—time that would only prolong her distress.

Counsel for the petitioner highlighted the severe psychological toll the pregnancy had already taken on the minor, including its impact on her education and daily life. The Court recorded that each passing day had been traumatic for both the child and her family. It also took note of alarming indicators of mental distress, including attempts by the minor to take her own life.

Expressing broader institutional concern, as per LiveLaw, the bench warned that a rigid denial of permission in such cases could drive minors toward unsafe and illegal abortion methods. Justice Nagarathna observed that forcing continuation of pregnancy against a woman’s will may push her into clandestine and medically unsafe procedures, risking permanent physical and psychological harm.

Importantly, the Court noted that the pregnancy had arisen out of a consensual relationship between two minors and that the girl had unequivocally expressed her unwillingness to continue with it. This clear articulation of choice, coupled with the documented psychological harm, weighed heavily in the Court’s determination.

In a strongly worded articulation of constitutional principles, the Court held that forcing the continuation of an unwanted pregnancy would violate the minor’s right to live with dignity. It recognised that such compulsion would have long-term consequences on her mental health, educational trajectory, social standing, and overall development. The bench emphasised that in exercising jurisdiction under Articles 226 and 32, constitutional courts must prioritise the best interests of the minor over rigid adherence to statutory timelines.

Reproductive autonomy, the Court reiterated, is an integral facet of personal liberty and privacy under Article 21 of the Constitution. The right to make decisions concerning one’s body, it held, cannot be rendered illusory by imposing unreasonable restrictions—particularly in cases involving minors and unwanted pregnancies. The availability of adoption, the Court clarified, cannot be invoked to dilute or defeat this fundamental right.

Addressing the role of constitutional courts, the bench observed that cases of unwanted pregnancy often reach courts precisely because the statutory window under the MTP Act has elapsed. In such situations, the absence of a statutory remedy cannot become a ground for denying relief. To do so, the Court held, would be inconsistent with the very purpose of constitutional adjudication, which is to safeguard fundamental rights where statutory frameworks fall short.

The Court stressed that judges must assess such cases from the standpoint of the woman seeking termination—taking into account her willingness to undergo medical risks—rather than privileging abstract considerations about the unborn child. It cautioned that any insistence on continuing unwanted pregnancies would not only breach constitutional rights but also risk pushing women toward unsafe alternatives.

Ultimately, the Court distilled the issue to a single determinative question: whether the pregnant woman intends to give birth to the child. In the present case, the answer was unequivocal. Respecting that choice, the Court directed that the minor be permitted to undergo medical termination of pregnancy at All India Institute of Medical Sciences, New Delhi, subject to all necessary medical safeguards. It also directed the petitioner to submit an undertaking consenting to the procedure on behalf of the minor.

The judgment stands as a forceful reiteration that reproductive choice lies at the core of dignity, autonomy, and liberty—and that neither statutory limits nor moral abstractions can override the express will of the woman concerned.

Related:

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Shubha case: Reformative Justice meets Gendered Realities

Wars Fought in The Name of Women’s Rights

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Malegaon 2006 Blast Case: Bombay High Court rejects NIA’s ‘alternate narrative’, holds prosecution built on contradictions and inadmissible evidence https://sabrangindia.in/malegaon-2006-blast-case-bombay-high-court-rejects-nias-alternate-narrative-holds-prosecution-built-on-contradictions-and-inadmissible-evidence/ Sat, 25 Apr 2026 10:18:09 +0000 https://sabrangindia.in/?p=46924 Holding that “diagonally opposite” narratives by investigative agencies cannot sustain a trial, the Court finds the NIA’s case rooted in retracted statements, hearsay material, and a legally impermissible reinvestigation—bringing the prosecution to a “dead end”

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In a powerful and consequential ruling, the Bombay High Court has discharged four accused in the 2006 Malegaon bomb blast case, delivering a sweeping indictment of the investigative trajectory pursued by the National Investigation Agency (NIA). The judgment does not merely find evidentiary gaps; it exposes a prosecution structurally weakened by internal contradictions, evidentiary infirmities, and a fundamental departure from settled principles of criminal law.

At the heart of the ruling lies an unsettling reality: the State, through its own agencies, presented two mutually destructive accounts of the same crime. One narrative, constructed by the Maharashtra Anti-Terrorism Squad (ATS) and later endorsed by the Central Bureau of Investigation (CBI), attributed the blasts to one set of accused. The second, advanced years later by the NIA, not only displaced that version but implicated an entirely different group. Faced with these “diagonally opposite” stories, the Court concluded that the prosecution had effectively reached a point where it “leads nowhere”—a finding that goes to the very legitimacy of continuing criminal proceedings.

“The diagonally opposite stories in the charge-sheet filed by the ATS and the NIA lead nowhere. The witnesses proposed by the NIA are mostly hearsay witnesses. The materials collected by the NIA regarding purchase of bicycles etc. even if found truthful and admissible, cannot be considered as incriminating material against the appellants. A further investigation does not start with recording the statement of the accused person in a case. The further investigation is carried for the purposes of recording the evidence of a few more witnesses and for collection of additional materials to add other offences or another accused person. This is a mystery why the NIA did not collect fresh materials and started recording the retracted statement of the accused persons A1 to A3 and A5 to A8. The retracted statements of a few witnesses on which the NIA seeks to lay a case against the appellants can also not be admissible evidence. A witness who gives two versions of a story and retracts his previous statement becomes an unreliable witness and his testimony is liable to be discarded.” (Para 20)

“For the foregoing reasons, we hold that there is no sufficient material on record to proceed against the appellants.” (Para 21)

 The Appellate Framework: A duty to scrutinise, not endorse

Exercising its jurisdiction under Section 21 of the National Investigation Agency Act, 2008, the High Court undertook a substantive review of the order framing charges passed by the Special NIA Court. The judgment underscores that appellate scrutiny under this provision is not a limited or deferential exercise; rather, it requires a rigorous re-evaluation of both facts and law, particularly where the liberty of the accused is at stake.

The Court carefully located its inquiry within the framework of Section 227 of the CrPC, emphasising that the threshold for proceeding to trial is not a mere formality. The judge is required to sift the material on record and determine whether there exists sufficient ground to proceed. In doing so, the Court reaffirmed that a criminal court cannot act as a passive conduit for the prosecution’s claims. It must actively interrogate the evidentiary foundation before allowing the machinery of trial to be set in motion. This insistence on judicial application of mind becomes especially critical in cases involving serious offences carrying grave penal consequences.

“Unlike other statutory provisions, section 21 makes a statutory requirement to be followed by the High Court in an appeal under section 21 that the appeal so laid by the aggrieved party must be examined on facts collected by the NIA having regard to the applicable law on the subject. In the matters of discharge from the criminal liability, the High Court shall be entitled to scrutinize and assess the materials collected by the NIA to find out whether there is sufficient material to proceed against the accused person. In doing so, the High Court shall keep in mind the principles governing a discharge application under section 227 Cr.P.C. which provides that if the Judge forms an opinion upon consideration of the record of the case including the documents and after hearing the submissions of the accused and the prosecution that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for so doing. The expression “not sufficient ground for proceeding against the accused” enjoins upon the Judge to apply his mind and not to act as mere Post Office before framing the charge against the accused person at the behest of the prosecution.” (Para 4)

The Evolution of the Case: From ATS narrative to NIA reconstruction

The judgment meticulously traces the evolution of the prosecution across three investigative regimes. The initial investigation conducted by the ATS, subsequently affirmed by the CBI, constructed a detailed narrative implicating members of the Students Islamic Movement of India. This version was not merely speculative; it was supported by confessional statements recorded under special statutes, forensic evidence indicating the presence of RDX, intercepted communications, and corroborative witness testimony. The prosecution case, at that stage, possessed a certain internal coherence, even if its ultimate veracity was later questioned.

The turning point came when the NIA assumed control of the investigation in 2011. Rather than supplementing the existing record with additional evidence, the NIA fundamentally reoriented the case. Relying heavily on a confessional statement attributed to Swami Aseemanand, as well as retracted statements of earlier accused and witnesses, the agency advanced a completely new theory of the crime. This new narrative alleged that the blasts were the result of a conspiracy involving a different set of individuals, including the present appellants, who were said to have undergone training and participated in the planning and execution of the attack.

“This is an admitted case that no person has come forward to make a statement before the NIA that he has seen any one of the appellants engaged in the bomb blasts. The case of the NIA solely rests on circumstantial evidence which is primarily in the nature of confessional statements by the appellants and Assemanand and the retracted statements of the witnesses and the first set of accused persons sent up for trial by the ATS and CBI. This is also a matter of record that on receiving the information about disclosure statement made by Assemanand the Central Government passed the orders dated 22nd March 2011 and 4th April 2011 directing the NIA to take over Crime No.07 of 2026. There seems to be considerable force in the argument that the NIA conducted a fresh and de-novo investigation inasmuch as it has relied on the retracted confessional statements of the accused persons who were sent-up for trial by the ATS and CBI.” (Para 15)

What troubled the Court was not merely the existence of an alternative theory, but the manner in which it was constructed. The NIA’s case was not built on fresh, independent evidence; instead, it drew heavily from the retraction of earlier statements and the reinterpretation of existing material. In doing so, it effectively displaced the earlier investigation without legally displacing its evidentiary record.

Contradictions at the Core: A prosecution that cannot stand together

The Court’s most forceful reasoning emerges in its analysis of the contradictions between the two investigative narratives. These were not minor discrepancies or peripheral inconsistencies; they went to the root of the prosecution’s case. The ATS and CBI had identified specific individuals as perpetrators, supported by forensic and testimonial evidence. The NIA, however, not only excluded those individuals but placed them at entirely different locations at the time of the crime. In one striking instance, an accused identified by the ATS as a key participant was described by the NIA as being nearly 400 kilometres away from the blast site.

Similarly, the question of procurement of bicycles used in the blasts was attributed to one set of accused by the earlier investigation, while the NIA assigned the same role to the appellants. These are not differences that can be reconciled through evidentiary evaluation at trial; they represent fundamentally incompatible versions of reality. The Court was categorical in observing that such “diagonally opposite stories” cannot coexist within a single prosecution, nor can they form the basis of a legally sustainable trial.

This finding has profound implications. It suggests that where the State itself advances mutually exclusive narratives, the burden cannot be shifted onto the accused to face trial and resolve those contradictions. The law does not permit a prosecution to proceed in the hope that clarity might emerge through the process of trial.

“The NIA has projected an entirely different story and states that the investigation of the case is still continuing and further evidence is being collected against the accused persons and requested the Special Court to permit it to continue further investigation of the case as per the provisions of section 173(8) Cr.P.C. The NIA completely ignored the charge-sheet laid by the ATS which gives a vivid narration of the entire planning by A1 to A13. The ATS collected incriminating materials from the place of incident and those materials were sent for forensic examination. This is the report of the Forensic Science Laboratory (FSL) that there were traces of RDX in the soil samples collected from the place of occurrence and the godown of A2 Shabbir Ahmed Masiullah and both the samples were found to be the same. There is another FSL report which confirmed the presence of RDX and Ammonium Nitrate, charcoal, fuel oil etc. in the samples.” (Para 18)

“The Special Judge overlooked the inherent contradiction and intrinsic improbability in the prosecution story as put forth by the NIA. There is no explanation coming forth as to how the voice samples and FSL reports collected by the ATS and CBI can be ignored by the trial Court. The things as stand today give two contradictory versions of the incident and both stories as floated by the ATS and NIA cannot be reconciled by any stretch of imagination. The evidence collected by the ATS in course of the investigation is not wiped out from the record and have to be considered by the trial Court even if the appellants are required to face the trial. There seems to be no answer in law as to how the trial Judge can deal with the materials collected by the ATS which implicates another set of accused persons. The case seems to have reached a dead end.” (Para 19)

The Evidentiary Collapse: Confessions, retractions, and hearsay

A central pillar of the NIA’s case was the reliance on confessional and disclosure statements. The Court subjected this material to close scrutiny under the Indian Evidence Act, 1872, reaffirming the long-settled principle that confessions made to police officers are inadmissible, and that statements made in custody are barred unless recorded in the presence of a Magistrate. The limited exception under Section 27, which permits the use of information leading to discovery, was also found inapplicable in the present case. The alleged recoveries were made years after the incident and from locations accessible to the public, thereby severing the necessary nexus between the statement and the discovery.

The Court was equally critical of the reliance on retracted statements. It emphasised that a witness who offers inconsistent versions of events, and subsequently retracts earlier statements, cannot be considered reliable. The evidentiary value of such testimony is not merely diminished; it is fundamentally compromised. In the present case, the NIA’s narrative was constructed substantially on the basis of such retractions, rendering the entire evidentiary edifice unstable.

The same reasoning extended to the use of Test Identification Parade (TIP) evidence. The Court reiterated that TIP is not substantive evidence but only a tool of investigation. When conducted after an inordinate delay—as in this case, where it occurred several years after the incident—it loses whatever limited probative value it might otherwise have had. The Court also noted the absence of any prior description of the accused by witnesses, further weakening the reliability of identification.

In sum, the Court found that the NIA’s case rested on a combination of inadmissible confessions, unreliable retractions, delayed identification, and hearsay evidence. Such a combination, it held, cannot sustain even the threshold requirement for framing charges.

The Limits of “Further Investigation”: A veiled reinvestigation

One of the most significant doctrinal contributions of the judgment lies in its treatment of “further investigation” under Section 173(8) CrPC. The Court drew a clear distinction between permissible further investigation and impermissible reinvestigation. While the former allows an agency to collect additional evidence in support of an existing case, the latter involves a wholesale replacement of the earlier narrative—a course that is not sanctioned by law.

The NIA’s approach, in the Court’s view, amounted to precisely such a reinvestigation. By constructing an entirely new theory based on retracted statements and by ignoring the evidentiary material collected by the ATS and CBI, the agency effectively attempted to rewrite the case. The Court found this approach to be legally untenable, particularly in the absence of fresh, credible material that could justify such a departure.

Judicial Failure at the Trial Stage: Framing charges without scrutiny

The High Court also delivered a pointed critique of the Special NIA Court’s order framing charges. It held that the trial court had failed to apply its judicial mind to the material on record and had relied on evidence that was either inadmissible or inherently unreliable. The Court emphasised that the stage of framing charges is not a mechanical exercise; it requires a careful evaluation of whether the material discloses a prima facie case involving grave suspicion.

In the present case, the trial court overlooked the fundamental contradictions between the two investigative narratives and failed to address the legal infirmities in the evidence relied upon by the NIA. This, the High Court held, constituted a serious error warranting appellate intervention.

Reaffirming the Standard for Discharge: Suspicion is not enough

Drawing upon established jurisprudence, the Court reiterated that while a detailed appreciation of evidence is not required at the stage of framing charges, the material must nevertheless disclose more than mere suspicion. The distinction between “suspicion” and “grave suspicion” is not semantic; it is doctrinally significant. Where the material on record gives rise only to conjecture or weak inference, the accused cannot be compelled to undergo the rigours of a criminal trial.

Applying this standard, the Court found that the evidence against the appellants did not meet even the minimal threshold required to proceed. The absence of direct evidence, coupled with the unreliability of circumstantial material, rendered the prosecution’s case untenable.

Conclusion: A case that reaches a legal dead end

The judgment ultimately concludes that there is no sufficient material to proceed against the appellants, and accordingly sets aside the order framing charges. In doing so, it characterises the case as having reached a “dead end”—a rare but telling acknowledgment of investigative failure.

This ruling is significant not only for its immediate outcome but for the principles it reinforces. It underscores that criminal prosecution must be grounded in coherent, admissible, and credible evidence. It affirms that investigative agencies cannot construct shifting narratives without legal consequence. And most importantly, it reiterates that the criminal process cannot be used as a substitute for proof.

In dismantling the NIA’s case, the Bombay High Court has sent a clear message: when the State’s own versions of a crime are irreconcilable, the law cannot sustain a prosecution built on such contradictions.

The complete judgment may be read here:

 

Related:

Abdul Wahid Shaikh, acquitted in 7/11 Mumbai train blast case, demands ₹9 crore as Compensation for Wrongful Incarceration

Still Waiting in Grief: How the 2006 Mumbai train blast victims were denied closure and justice

A Spectacle of Injustice Undone: After 19 years, Bombay HC’s acquittal in the 7/11 Mumbai train blasts case recognises the (mis) use of ‘torture for confession’

Attempts to give communal turn to blasts in Kerala unsuccessful, 3 cases filed by Kerala Police, CM Vijayan urges restraint & unity

2008 Jaipur blasts: Rajasthan HC acquits all four who were given death penalty

From Cow Slaughter to “Public Order”: Allahabad High Court’s expanding use of preventive detention

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Beyond the Narrative of “Genocide”: Understanding Boko Haram, Religion, and Reality in Nigeria https://sabrangindia.in/beyond-the-narrative-of-genocide-understanding-boko-haram-religion-and-reality-in-nigeria/ Sat, 25 Apr 2026 07:40:21 +0000 https://sabrangindia.in/?p=46919 Understanding the True Drivers of Violence in Nigeria

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Main points:

  1. Lai Mohammed rejects the claim of a Christian genocide in Nigeria, noting that Boko Haram has killed more Muslims than Christians.
  2. The violence in Nigeria stems from a mix of extremism, criminality, governance failures, and socio-economic issues, not simply Muslim–Christian tensions.
  3. The group began by attacking Muslims who opposed its extremist ideology, showing its takfiri
  4. Its actions such as killings, kidnappings, and opposition to education go against core Islamic principles, making it an adversary rather than a representative of Islam.
  5. The “genocide” narrative oversimplifies reality and can mislead international responses, highlighting the need for a more accurate and nuanced understanding.

In an era shaped by rapid information flows and polarised narratives, conflicts are often reduced to simplistic binaries; frequently framed along religious lines. Recent remarks by Lai Mohammed, former Minister of Information and Culture of Nigeria, offer a timely intervention in correcting one such narrative: the claim of a targeted “Christian genocide” in Nigeria. Speaking at Abbey College Cambridge, Lai Mohammed argued that insurgent violence, particularly by Boko Haram, has claimed more Muslim lives than Christian ones, challenging widespread assumptions about the nature of the conflict.

This assertion does not seek to minimise the suffering of any community. Rather, it compels a more comprehensive understanding of Nigeria’s security crisis: one rooted not in religious extermination, but in a complex web of extremism, criminality, governance challenges, and socio-economic distress.

The Misleading Simplicity of Religious Framing

The tendency to interpret violence in Nigeria as a straightforward Muslim-versus-Christian conflict has gained traction in global discourse, particularly in parts of the Western media and advocacy circles. Yet, as Lai Mohammed pointed out, such a framing risks distorting reality. Boko Haram, whose name loosely translates to “Western education is forbidden,” did not begin as an anti-Christian movement. Its early targets were, in fact, Muslims, particularly those who embraced modern education and rejected extremist interpretations of Islam.

This internal targeting reveals a critical truth: Boko Haram’s ideology is fundamentally takfiri, meaning it declares other Muslims as apostates and legitimate targets. In its formative years, the group’s violence was directed overwhelmingly inward, against Muslim communities that did not conform to its rigid worldview.

Over time, the group widened its scope of attacks to include Christians, driven less by theological motives and more by strategic intent. As Lai Mohammed frankly noted, assaults on Christians tend to draw greater international attention. In a media-driven age, the spectacle of interfaith violence heightens visibility, attracts funding, and enhances the notoriety of extremist organisations.

Terrorism Without Theology

To understand Boko Haram solely through a religious lens is to misunderstand its nature. As highlighted in earlier scholarly critiques, the group’s actions—from mass killings to the abduction of schoolgirls in Chibok—stand in stark contradiction to Islamic teachings. Renowned Islamic scholars and institutions worldwide have unequivocally condemned such acts as un-Islamic.

Islam’s foundational principles emphasise the sanctity of life, the pursuit of knowledge, and the dignity of women. These are the values that Boko Haram systematically violates. Its campaign against education, especially for girls, directly opposes the very first Qur’anic revelation: “Read.” Similarly, practices such as forced marriages and abductions have no legitimacy within Islamic jurisprudence.

Thus, Boko Haram is not merely a violent group operating under religious pretexts; it is, in many ways, an adversary of the very religion it claims to represent. It exploits religious language while undermining its ethical core.

Banditry and the Politics of Crime

Lai Mohammed’s remarks also addressed another critical misconception: the religious interpretation of banditry in northern Nigeria. He argued that these acts are primarily criminal, not ideological. The perpetrators and victims often share the same ethnic and religious backgrounds, predominantly Hausa-Fulani Muslims.

This observation underscores a broader point: much of Nigeria’s violence is driven by economic desperation, weak state capacity, and organised crime rather than doctrinal conflict. Cattle rustling, kidnapping for ransom, and territorial disputes are manifestations of governance gaps, not religious wars.

Reducing these issues to religious persecution not only obscures their root causes but also risks inflaming tensions that are otherwise manageable within Nigeria’s historically pluralistic society.

A Tradition of Coexistence

Despite its challenges, Nigeria has long been a model of interfaith coexistence. Lai Mohammed pointed to the example of President Bola Ahmed Tinubu and his wife, representing a Muslim-Christian household, as emblematic of the country’s social fabric. Across Nigeria, interfaith marriages, shared communities, and everyday interactions reflect a lived reality far removed from the narrative of existential religious conflict.

As Lai Mohammed aptly noted, ordinary Nigerians are more likely to disagree over economic issues than theological ones. This insight is crucial. It suggests that the primary concerns of citizens, jobs, security, and stability, transcend religious identity.

The Danger of “Fake News” in Conflict Zones

Labelling the “Christian genocide” narrative as “fake news,” Lai Mohammed raises an uncomfortable but necessary question: how do misinformation and selective reporting shape international perceptions?

In conflict zones, narratives can be weaponised. Advocacy groups, political actors, and even well-meaning observers may inadvertently amplify incomplete or skewed accounts. While highlighting human rights abuses is essential, doing so without context can lead to policy missteps and deepen divisions on the ground.

A more responsible approach requires distinguishing between targeted persecution and indiscriminate violence. In Nigeria’s case, the latter is far more representative of reality.

None of this is to deny the severity of Nigeria’s security crisis. Boko Haram remains a brutal insurgency responsible for thousands of deaths and widespread displacement. Its atrocities against Muslims and Christians alike demand urgent and sustained action.

However, effective responses must be grounded in accurate diagnosis. Mischaracterising the conflict as a religious genocide risks diverting attention from the structural issues that sustain violence: poverty, corruption, weak institutions, and lack of education.

The international community, therefore, has a responsibility to engage with Nigeria based on evidence rather than assumption. This includes supporting counter-terrorism efforts, strengthening governance, and investing in education and economic development, especially in the country’s most vulnerable regions.

The tragedy of Boko Haram is not that it represents Islam, but that it distorts it. The greater tragedy would be if the world, in its haste to categorise, fails to see this distinction. Lai Mohammed’s remarks serve as a reminder that truth in complex conflicts is rarely convenient. Nigeria’s crisis is not a story of one religion targeting another; it is a story of extremism preying on vulnerability, of criminals exploiting chaos, and of a nation striving, despite immense challenges, to preserve its pluralistic identity. Recognising this complexity is not an exercise in denial. It is the first step toward meaningful solutions.

A regular Columnist with NewAgeIslam.com, Ghulam Ghaus Siddiqi Dehlvi is a Classical Islamic scholar with a Sufi background and English-Arabic-Urdu Translator.

Courtesy: newageislam.com

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Delhi court orders FIR against Abhijit Iyer Mitra for sexually abusive posts targeting women journalists https://sabrangindia.in/delhi-court-orders-fir-against-abhijit-iyer-mitra-for-sexually-abusive-posts-targeting-women-journalists/ Fri, 24 Apr 2026 11:59:08 +0000 https://sabrangindia.in/?p=46913 Court finds tweets “sexually coloured,” prima facie intended to outrage modesty; directs police probe into X account and devices

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In a significant order addressing online abuse and gendered harassment in digital spaces, a Delhi court on April 22, 2026, directed the registration of an FIR against political commentator Abhijit Iyer Mitra on a complaint filed by Newslaundry’s Editorial Director Manisha Pande and other women journalists. The Court held that the impugned social media posts, published on the platform X (formerly Twitter), disclose cognizable offences involving sexually coloured remarks and insult to the modesty of women.

Complaint and allegations

The application, filed under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), was moved by Manisha Pande on behalf of six complainants, all media professionals associated with the digital platform Newslaundry. The complainants alleged that Mitra had, through a series of posts on his X handle, repeatedly used sexually derogatory language to describe them, including referring to them as “prostitutes” and characterising their workplace in deeply offensive and demeaning terms.

The complaint specifically relied on multiple tweets, including one dated April 28, 2025, containing explicit and abusive language directed at the organisation and its women employees. Another tweet dated February 8, 2025, targeted Pande individually with sexually explicit and degrading remarks. Screenshots of these posts were placed on record before the Court.

Court’s Findings: “Sexually coloured remarks” and prima facie offence

Judicial Magistrate First Class Bhanu Pratap Singh, after examining the material on record, found that the content of the tweets clearly fell within the category of “sexually coloured remarks.” The Court noted that the language used was not merely offensive but carried a clear intent to demean and insult the dignity of the complainants, particularly as one of the tweets explicitly named Manisha Pande.

On this basis, the Court held that the allegations, supported by documentary material, prima facie disclose the commission of cognizable offences under:

  • Section 75(3) of the Bharatiya Nyaya Sanhita (BNS), which penalises sexually coloured remarks, and
  • Section 79 of the BNS, which deals with acts, intended to insult the modesty of a woman.

The Court’s reasoning underscores a recognition that online speech, when sexually abusive and targeted, can attract serious penal consequences under criminal law.

Necessity of police investigation in cyber context

The court order emphasised on the need for a police investigation, particularly given the digital nature of the alleged offences. Observing that the acts were committed in cyberspace, the Court held that investigative intervention was necessary to:

  • Verify the authenticity and ownership of the X account from which the tweets originated, and
  • Trace and recover the electronic devices used to publish the content.

Court criticises inadequate police response

The Court also expressed dissatisfaction with the Action Taken Report (ATR) filed by the police. It noted that the report failed to consider the specific tweets relied upon by the complainants, thereby rendering the response incomplete and inadequate.

In light of its findings, the Court directed the Station House Officer of Malviya Nagar Police Station to:

  • Register an FIR against Abhijit Iyer Mitra under Sections 75(3) and 79 of the BNS, and
  • File a compliance report by May 4, 2026.

The application under Section 175(3) BNSS was accordingly disposed of.

Parallel defamation proceedings before Delhi High Court

The criminal proceedings arise alongside a pending civil defamation suit before the Delhi High Court, where the complainants have sought a public apology and damages amounting to ₹2 crore. In those proceedings, the journalists have contended that Mitra’s posts were not only defamatory but also deliberately malicious and intended to harm their professional reputation and dignity.

The High Court had earlier taken note of the objectionable content and reportedly admonished Mitra, following which the posts in question were taken down. An application seeking rejection of the defamation suit remains pending adjudication.

The order may be read here:

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Delhi, Mumbai: Media organisations sharply criticise UNI eviction

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Faith recast as social justice? Revisiting Shariati’s vision of Islam as liberation https://sabrangindia.in/faith-recast-as-social-justice-revisiting-shariatis-vision-of-islam-as-liberation/ Fri, 24 Apr 2026 10:00:47 +0000 https://sabrangindia.in/?p=46909 Even as Iran grapples with an existential crisis as a result of the war with US and Israel, there appears little effort among the more aware sections across the world to recall the contribution of Ali Shariati, who offered a radical reinterpretation of Islam, transforming it into an instrument of social change by fusing religious […]

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Even as Iran grapples with an existential crisis as a result of the war with US and Israel, there appears little effort among the more aware sections across the world to recall the contribution of Ali Shariati, who offered a radical reinterpretation of Islam, transforming it into an instrument of social change by fusing religious tradition with revolutionary consciousness.

Though often overlooked in official narratives, Shariati remains one of the most influential intellectual figures behind the Iranian Revolution. His ideas, which linked Shi’ism with modern revolutionary theories drawn from thinkers such as Frantz Fanon and Jean‑Paul Sartre, helped shape the ideological climate that culminated in 1979.

Revisiting his legacy is essential not only for understanding Iran’s modern history but also for examining the broader intersections of religion, social justice, and political transformation in the Muslim world.

Born in 1933 in Mazinan, Shariati grew up in a religious household during a turbulent era. The 1953 overthrow of Prime Minister Mohammad Mosaddegh and the Shah’s subsequent modernization drive—perceived by many as an attempt to erase cultural and religious roots in favor of Western approval—formed the backdrop of his intellectual evolution. Shariati’s activism led to imprisonment, and later, study in Paris, where exposure to existentialist and anti‑colonial thought profoundly shaped his worldview. He rejected Marxist materialism but embraced its critique of inequality, reinterpreting Islamic history to highlight figures such as Abu Dharr al‑Ghifari as symbols of resistance and social equality.

From this synthesis emerged Shariati’s concept of “Red Shiism,” a dynamic, activist Islam rooted in sacrifice, justice, and resistance, inspired by the legacy of Karbala. His slogan “Return to the Self” urged Muslim societies to break from blind imitation of the West and rediscover their intellectual heritage. His lectures and writings reframed Islam not as a passive spiritual refuge but as a force for liberation, capable of mobilizing the masses against tyranny. By the late 1970s, his ideas circulated widely among students and activists, laying the intellectual foundations of revolution.

Shariati’s critique extended beyond Marxism to liberalism and existentialism, which he faulted for neglecting the spiritual dimension of humanity. In works such as Marxism and Other Western Fallacies: An Islamic Critique, he argued that Islam offered its own emancipatory paradigm, distinct from Western secular traditions. He did not seek to make Islam socialist but rather employed Marxist sociological tools to galvanize Muslims into revolutionary action. His criticism of Iran’s Marxist Tudeh Party underscored his insistence on adapting political thought to Iran’s cultural and religious context.

Although Shariati died in 1977, two years before the revolution, his intellectual imprint was unmistakable. Pakistani writer Mukhtar Masood recorded that Iranians across social strata identified Shariati as the architect of the movement. Yet, as the revolutionary state consolidated power, charismatic leadership overshadowed intellectual activism, and Shariati’s role receded into obscurity. His story illustrates how revolutions often celebrate political victories while neglecting the thinkers who shaped their ideological foundations.

Shariati’s legacy endures as a reminder that religion, when reinterpreted through the lens of justice and resistance, can become a powerful agent of social transformation. His vision of Islam as a force for liberation continues to resonate in debates over faith, identity, and political change across the Muslim world.

Author is freelance journalist.

Courtesy: CounterView

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