On February 3, in the ongoing special Budget session of the Parliament, Lok Sabha members Prof. Sougata Ray (TMC) and Shri Deepak Baij (INC) inquired the Law and Justice Minister, Kiren Rijiju, regarding the Collegium recommendations, for appointment of Judges of the Supreme Court and High Courtsreturned by the government. 

The Minister of Law then provided that the government had sent back 18 proposals for reconsideration to the Supreme Court Collegium.  While examining these government proposals, the Supreme Court Collegium had decided to reiterate 6 cases. Meanwhile, in 7 cases, the SC Collegium had desired updated inputs from the High Court Collegiums, and 5 cases have been decided to be sent back to High Courts for reconsideration.

The Union Law Minister then provided the existing Memorandum of Procedure for appointment of the judges of the Supreme Court of India and the High Courts. As has been provided in the answer, the appointment of Judges of the Supreme Court and High Courts is made under Articles 124, 217 and 224 of the Constitution of India and as per the procedure laid down in the Memorandum of Procedure (MoP) prepared in 1998 pursuant to the Supreme Court Judgment of October 6, 1993 (Second Judges case) read with their Advisory Opinion of October 28, 1998 (Third Judges case). As per the existing Memorandum of Procedure for appointment of Judges of High Courts, the Chief Justice of the High Court is required to initiate the proposal for filling up of vacancies of a Judge in a High Court six months prior to the occurrence of vacancies.

In his answer, Kiren Rijiju provided the Lok Sabha with details regarding the background of the formation of the Collegium system, the deficiencies that existed and changes that have been recommended by the Centre. As per the latest suggestion submitted by the government to the Supreme Court, the Search-cum-Evaluation Committee in respect of appointment of Judges in the Supreme Court and Chief Justices of High Courts should consist of a representative nominated by Government of India.

Background of the Collegium system

In order to replace the Collegium system of appointments of Judges of the Supreme Court and High Courts with a more broad-based, transparent, accountable appointment mechanism and to bring greater objectivity in the system, the Government had brought into operation the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 w.e.f. 13.04.2015. However, both the Acts were then challenged in the Supreme Court and the SC,vide Judgment their dated October 16, 2015 declared both the Acts as unconstitutional and void. 

The Collegium system as existing prior to the enforcement of the Constitution (Ninety-Ninth Amendment) Act, 2014 was declared to be operative. Hon’ble Supreme Court while hearing WP(C) 13 of 2015 in NJAC matter issued detailed Order on December 16, 2015 on supplementing the Memorandum of Procedure, and laid down that Government of India may finalize the Memorandum of Procedure by supplementing it in consultation with the Chief Justice of India. The Chief Justice of India were to take a decision based on the unanimous view of the Collegium comprising of four senior most pristine Judges of the Supreme Court. The order stated that they shall take the following factors into consideration such as eligibility criterion, transparency in the appointment process, secretariat, complaint mechanism and miscellaneous matter considered appropriate for ensuring transparency and accountability including interaction with the recommendees, the Collegium of the Supreme Court without sacrificing the confidentiality of appointment.

In pursuance of the above orders, the Government of India, after due diligence sent the revised MoP to Hon’ble Chief Justice of India on March 22, 2016 and the response of the Supreme Court Collegium on the revised draft MoP was received on May 25, 2016 and July 1, 2016. The views of the Government in response to the views of the SC Collegium was conveyed to the CJI on August 3, 2016. Subsequent comments of SC Collegiumon the views of Government on the draft MoP were received on March 13, 2017. 

Thereafter, the Supreme Court in judgment dated July 4, 2017 in suo motu Contempt proceedings against a Judge of Calcutta High Court brought out the system’s failure of not providing an appropriate procedure for making assessment of the personality of the contemnor at the time of recommending his name for elevation as High Court Judge inter-alia highlighting the need to revisit the process of selection and appointment of Judges to the Constitutional Courts. The views of the Government on the relevant points was conveyed to Supreme Court of India vide letter dated July 11, 2017.

For a detailed analysis of the evolution of the collegium system, click here.

Reform Suggested by the Government

While sending the proposal for supplementation of MoP on the criteria fixed in Supreme Court order in W.P.(C) 13 of 2015 in NJAC matter, Government had made suggestions including the need for a Screening-cum- Evaluation Committee at the Supreme Court and High Court levels to assist the Collegiums of Supreme Court and High Courts, respectively. It was proposed that the Committees may screen and evaluate relevant material on the suitability of the prospective candidates and would act as a facilitator. The decision to make recommendations will continue to be exercised by the respective Collegiums of the Supreme Court and High Courts. However, the Supreme Court did not agree to set up such Committees.

In its recent communication dated January 6, 2023 to the Chief Justice of India, the Government has emphasized the need to finalize the MoP in view of various judicial pronouncements and inter-alia suggested that the Search-cum-Evaluation Committee in respect of appointment of Judges in the Supreme Court and Chief Justices of High Courts should consist of a representative nominated by Government of India. For appointment of Judges in the High Courts, the Committee should consist of a representative nominated by Government of India and a representative of State Government(s) under the jurisdiction of High Court as nominated by the Chief Minister(s). 

The existing MoP stipulates that if the Chief Minister desires to recommend the name of any person, he/she should forward the same for consideration. However, since this has not been put in actual practice, the names recommended by the Chief Minister can also be received by the Search-cum-Evaluation Committee along with the names taken from senior Judges outside the Collegium and eligible candidates taken from the database (Judicial Officers and Advocates) as maintained by the proposed Secretariat. 

As per the suggestion, the High Court Collegium may deliberate upon panel of names drawn up by the said Committee and recommend the names of most suitable candidates for appointment as Judges in the Supreme Court, Chief Justices and Judges of the High Courts. 

The Collegium at appropriate level may address the above requirements of drawing up panel of eligible candidates from aforementioned sources and draw up their proceedings by rendering requisite reasons and thereafter send the proposal to the Government with relevant documents. The said Committees will be entrusted to prepare a panel of eligible candidates from which the respective Collegiums will make recommendation.The Supreme Court is yet to reply to this suggestion.

Vacancies in the Supreme Court and the High Court

The Law Minister provided that in the year 2021, 09 Judges in the Supreme Court and 120 Judges in the High Courts have been appointed and in the year 2022, 03 Judges in the Supreme Court and 165 Judges in the High Courts have been appointed. As on February 1, 2023 against the sanctioned strength of 34 Judges, 27 Judges are working in the Supreme Court and recommendations against 07 vacancies have been received from the Supreme Court Collegium recently. 

In the High Courts, against the sanctioned strength of 1108 Judges, 775 Judges are working and 333 posts of Judges are vacant. Against these vacancies 142 proposals recommended by High Court Collegium are at various stages of processing and recommendations against 191 vacancies in the High Courts are yet to be received from the High Court Collegiums.

The complete answer can be read here.

What does the Supreme Court say? 

In September 2022, a Supreme Court bench headed by CJI NV Ramana had censured the executive for “cherry-picking” the members of various tribunals, which are quasi-judicial bodies.

The Supreme Court has again and again reiterated that the collegium system is the law of the land and must be followed, observing that if people get to choose which law should be followed and which should not be, there would be a breakdown.

For past few weeks, unseemly remarks by the Kiren Rijiju and by Vice President Jagdeep Dhankhar in his maiden address to the Rajya Sabha on December 7 have opened new frontal attacks on both the Supreme Court and the Collegium System, too. Dhankar went as far as to sharply criticise the Supreme Court for scrapping the law passed by parliament to put in a place a new method of appointing judges.

On November 11, 2022, the apex court had issued a notice to the union law secretary on a petition filed over the delay in clearing the names approved by the Collegium for appointment as judges. 

• ‘Comments against collegium not well taken’

On December 8, a three-judge bench –comprising Justices S.K. Kaul, Abhay S. Oka and Vikram Nath –heard the contempt petition filed by the Advocates Association Bengaluru in 2021 against the Union government for not approving 11 names even after the collegium reiterated them. The bench said that though there may be isolated instances where reiterated names were dropped, the government does not have a license to ignore the constitution bench judgment which said that collegium reiterations are binding.

Senior advocate Vikas Singh – who is the president of the Supreme Court Bar Association – referred to statements made Rijiju and Dhankhar about the collegium system during the hearing. “People in constitutional posts are saying [that the] Supreme Court does not have judicial review. That is basic structure. It is a little upsetting,” he said. “Tomorrow people will say basic structure is also not a part of constitution!” Justice Kaul had responded.

• ‘Memorandum of procedure finalised, government must follow it’

On December 8, the same above mentioned three-judge bench had also firmly disapproved the Union government’s view in the status report filed by the AG that the Memorandum of Procedure (MoP) for appointing of judges needs to be reconsidered. While the report referred to observations made by former Supreme Court judges Ranjan Gogoi and J. Chelameswar that the MoPneeded to be revisited, the bench said that the MoP has been finalised and the government cannot act as if there is no final MoP.

In regards to the Centre not approving the names of recommendations made, the Supreme Court bench comprising of Justices AS Oka and SK Kaul had expressed a deep sense of anguish at the Centre for sitting over Collegium’s proposals on judicial appointments and further went on to wonder if the recommendations are being withheld on account of Government’s discontent with the non-implementation of the National Judicial Appointments Commission. Justice Kaul also said that withholding the recommendations often frustrates the entire system. He pointed that many competent lawyers and judges are uncertain about accepting judgeship, due to the uncertainty involved.

Related:

69,768 cases are pending in Supreme Court end 2022 & 53, 51,284 in various High Courts: UoI

Collegium System is Law of the Land, Must Be Followed: Supreme Court to Centre

Collegium system & transparency of judicial appointments: a conundrun

Is the Centre overreaching itself in returning Collegium recommendations, again?

Six Members in the Supreme Court Collegium until May 13, 2023

“Unacceptable”, Centre withholding names approved by Collegium: Supreme Court Issues Notice to law secretary over delay in judicial appointments

The post Questions on Collegium haunt Budget Session; 18 names with SC for reconsideration appeared first on SabrangIndia.

The Indian American Muslim Council’s report titled ‘State of Religious Minorities in India: August -September 2022’ focuses on how the spread of Hindutva has led to the government passing anti-minority legislations as well as how far the current BJP administration has strayed from the Nehruvian values of secularism, enshrined in our Constitution. The said report, authored by Aisling Lynch Kelly, is an account of instances of violence, infringement of constitutional rights of minorities and the extension of impunity to perpetrators.

Covering crimes committed against the minority community in the last few years, especially the Muslim community, the report depicts how far the current BJP administration has been successful in polarizing the once secular and religiously tolerant India.

To highlight the state of disregard the BJP Union government has for the fundamental rights of religious minorities, the report begins by bringing to attention the recent release of the convicts in the Bilkis Bano case on the 75^th anniversary of Indian Independence. Many other issues, such as the much delayed anti- lynching bill, passing of anti-conversion bill in BJP-ruled states, the impact of hijab case and the judgment of Karnataka High Court have also been highlighted. A brief of the issues covered is as follows:

Hindutva Impunity

Herein, the report highlights how the release of the 11 convicts involved in the Bilkis Bano gang rape case which occurred during the Gujarat pogrom of 2002, does not follow Union guidance on the Remission Policy or even the Gujarat Remission Policy, as those convicted of rape or murder cases are not considered for early release. Bano and her family have had to move nearly 12 times since her initial attack and have never been able to go home because the ‘Police and the state administration have always helped our attackers.’ HSe has now preferred an appeal before the apex court.

Violence and Discrimination Against Muslims

Under this section, multiple incidents of violence that have occurred in August-September, against people from the Muslim community have been presented. From being lynched on suspicion of selling cows or cow slaughter, offering namaz at public spaces or own homes, talking to or marrying Hindu girls, to approaching a doctor for removal of a birth control instrument that had been initially inserted without her consent, Muslim individuals have been victims of targeted discrimination and violence, stereotyped against at every step. Even their properties, houses, schools (Madrassas) and Mosques are demolished overnight, without any deliverance of justice on account of the happening on such illegal events. Members of Hindu organisations, such as the Bajrang dal and VHP, have openly been involved in excluding, targeting, beating and killing Muslims, as per the report. The reports uses the recent issue of exclusion of Muslim youth from garba pandals, making it an issue about ‘Love Jihad.’

1.  Anti-Lynching legislation

According to the report, Cow lynching attacks predominantly target Indian Muslims. In 2017, 86% of those who were victims of such attacks were Muslim. Efforts were made to bring in Anti-Lynching legislation in those states where these incidents were increasingly happening. As per the report, However, only the bill in West Bengal has been enacted into law, with the rest failing to receive Presidential assent. The consequences of the lack of anti-lynching legislation were clear when these brutal incidents continued to take place with impunity.

2.  Impact of Karnataka’s Hijab ban

While the Supreme Court has given a split verdict over the Hijab ban, the said report has relied on the interim study report issued by the People’s Union for Civil Liberties about the impact of Karnataka’s Hijab Ban on Educational Institutions. The report has highlighted how not only were the basic rights of the girls eroded, but the government’s ‘calculated silence’ and failure to ‘contain the spread of the communal vilification’ meant that the girls were put on trial, by the media, and the Hijab ban was able to be exploited by the Sangh Parivar as part of their ongoing communal campaign in the state and country.

3.  Saffronisation of Schools

The report highlights the ‘saffronization’ of Karnataka, following in Gujarat’s footsteps, by intorduing Bhagvad Gita in the state education’s syllabus. ex-Union Minister K Rahman Khan argued that such a policy was a ‘vested interest’ for the BJP. He went onto say ‘New Education Policy is a cover to bring Hindutva policy in syllabus, nothing else’.

Violence and Discrimination Against Christians

Forced Conversion and Anti-Conversion Law

According to the report, the anti-conversion law has been used as a pretext for Hindu extremists to commit violence against Christians and enables the authorities to arrest Christians under the false charge of forced conversion. Additionally, the burden of proof falls on the accused, which implies they have committed a crime regardless of the evidence. Such laws have reignited tensions between the majority Hindu and minority Christian communities, as the Sangh Parivar argues Christians present a threat to the Hindu community, and the laws re-enforce this sense of an internal threat.

Jammu and Kashmir

This report has highlighted how the BJP and Hindutva groups have been involved in the erosion of basic rights and freedoms of the people living there, as well as have also increased censorship, post abrogation of Article 370. From expanding voting rights to temporary residents of the people, such as enfranchised group of people including Indian military personnel, government bureaucrats and migrant workers, to imposing the archaic Public Safety Act and saffronising the schools, BJP has crawled into the day to day workings of the people of Jammu and Kashmir.

The Global Impact of Hindutva

The report quotes the recent violence that took place in Leicester to demonstrate the growing impact of this extremist ideology outside of India. In the said incident, a group of extremist Hindus marched through a Muslim majority area, shouting nationalist slogans including ‘Jai Shri Ram.’ A mosque was then graffitied, and a Hindu flag burned. The division which has now found its origin in the New India, has been spreading throughout the globe.

Recommendations

To conclude, the report has provided some recommendations for the state and central governments as well as the judiciary to curb this environment of communal division and intolerance. These include setting aside of the decision to release convicts in Bilkis Bano case, repeal of anti-conversion laws, passing anti-lynching laws and so on.

The complete report may be read here:

Related:

Religious Minorities Worry More About Media Freedom Than Hindus: CSDS Survey

Pack up your belongings: VHP leader to Maulvis in Manesar

When worship itself becomes a crime

Bilkis Bano case: Convicts set free with MHA’s approval, despite opposition from CBI and Special Court

A very bad precedent has been set: Judge who convicted 11 men in Bilkis Bano case

The post BJP has strayed away from Nehruvian vales of secularism: IAMC report appeared first on SabrangIndia.

On Thursday protesters in Assam blocked National Highway 37 in Chabua after discovering that six tribes from Assam were not included in the revised list of Scheduled Tribes (ST) released by the Centre.

The Sentinel reports that in a cabinet meeting on Thursday, the Union Council of Ministers decided to update the ST list. They included 17 tribes and five sub-tribes from five states – Chhattisgarh, Himachal Pradesh, Karnataka, Tamil Nadu and Uttar Pradesh. But the list left out six tribes from Assam – Tai Ahom, Moran, Matak, Chutias, Koch Rajbonshis and Tea Tribes.

The Economic Times reports that the exclusion led to protests and demonstrations across Assam. In Shibsagar, effigies of Prime Minister Narendra Modi and Assam Chief Minister Himanta Biswa Sarma were burnt.

As SabrangIndia had reported previously, the Bharatiya Janata Party (BJP) had It is noteworthy that the BJP government had promised to grant them Scheduled Tribes (ST) status in not one, but two successive state assembly election manifestos. But it has failed to walk the talk. The grant of ST status allows members certain social benefits such as reservations and exemptions, which these six communities do not enjoy at present.  

At present there are 17 tribal belts and 30 blocks spread across Tinsukia, Sonitpur, Nagaon, Morigaon, Lakhimpur, Kamrup, Kamrup (metro), Goalpara, Dhemaji, Darrang, Bongaigaon and the four Bodoland Territorial Region (BTR) districts in Assam. Tai-Ahom, Moran, Matak and Chutia people have been declared protected groups in the Sadiya tribal belt of Upper Assam.

In September 2020, instead of granting these communities ST status, the Assam State Assembly passed three bills to create autonomous councils for Moran, Matak, and Koch-Rajbongshis. Then, on July 10, 2021, the government of Assam announced the creation of a new department to address the concerns of the state’s indigenous communities. Chief Minister Himanta Biswa Sarma announced the formation of the Department of Indigenous Faith and Culture and told media persons, “We have a lot of tribes like Rabha, Boro, Mising, Moran and Matak. They have their own faith, customs, rituals and culture. This rich heritage needs to be preserved and promoted.” He had further clarified, “This independent department will do that, not build roads and houses, for which we have the Department for Welfare of Plain Tribes and Backward Classes (DWPTBC).” Therefore, concerns of only two of the six tribes were addressed partially by the announcement.

In the run up to the assembly elections in Assam in March 2022, SabrangIndia had reported how Adivasi groups led by All Adivasi Students’ Association of Assam (AASAA) had questioned the BJP as to why it had failed to grant ST status to tea tribes.

Tea tribes are those members of Adivasi and tribal communities who were brought to Assam by the British to work in tea estates. The ancestors of modern-day tea tribals hail from present day UP, Bihar, Jharkhand, Odisha, Andhra Pradesh and Chhattisgarh. Before independence, they were made to work in 160 tea estates across Assam. Many of them continued to work in the tea estates even after Independence.

While these tribes came under the ST category in their home states after Independence, the families left in Assam came to be known as “tea tribes”. They were excluded from reservation due to their non-indigenous status in the state. Nowadays, there are over 8 lakh tea estate workers employed in 803 tea estates in Assam belonging to Tea Tribes, and the total population of the Tea Tribes is estimated to be more than 65 lakhs. These Santhal, Kurukh, Munda, Gond, Kol and Tantis tribes have been demanding an ST status in Assam for many years.

There has also been opposition to the grant of tribal status to these communities. The Indigenous Lawyers’ Association of India (ILAI) had approached the Assam government and claimed that granting ST status to these six communities, who they do not consider tribal communities, would destroy the concept of what is a tribal community. The ILAI had further claimed that including these communities in the list of the STs would be a violation of Article 19 of the United Nations Declaration on Rights of Indigenous Peoples to which India is a signatory. As per the UN Declaration, prior and informed consent of indigenous people has to be sought before implementing any decision or legislative measure related to them. ILAI also said that this would impact political representation from Gram Sabha to the Lok Sabha of the existing STs of Assam.

Related:

Still no recognition for non-ST tribes in India
Growing disaffection for BJP among Adivasis, ethnic minorities in Assam?
Assam Tea Tribes served another set of vague promises

The post Assam: Six tribal groups protest non-inclusion in Centre’s revised ST list appeared first on SabrangIndia.

Just a day after a Core Committee was set up to take the Naga Peace Talks forward, the Isak Muivah faction of the National Socialist Council of Nagaland (NSCN-IM) has demanded that the Bharatiya Janata Party (BJP) led central government first make its stand clear on two key events in Naga history: the declaration of Naga independence in 1947 and the Naga plebiscite of 1951.

On June 10, the government of Nagaland constituted a Core Committee that comprises Chief Minister Neiphiu Rio, Rajya Sabha Member of Parliament KG Kenye and Lok Sabha MP Tokhedo Yepthomi, and all 60 members of Nagaland’s Legislative Assembly. It is noteworthy that the ruling Nationalist Democratic Progressive Party (NDDP) is a BJP ally. Chief Minister Rio has convened a meeting of the Core Committee on June 19.

On June 11, the Times of India quoted a NSCN (IM) statement as saying, “BJP should make its stand very clear, either to admit these factual accounts of history or deny it.”

The subjects of independence and plebiscite were also mentioned in the latest issue of Nagalim Voice, a publication by the NSCN (IM). In an article titled Political Significance of Indo-Naga Ceasefires in Naga History, the publication says lays down the Naga version of events as they transpired post-independence.

“Not wanting to accept any form of foreign domination, alien subjugation and exploitation, the Nagas in the “Naga Hills District” formally declared their independence on August 14, 1947 from the British Rule,” says the publication adding, “The Nagas were invited to join the Union of India when it was formed for the first time in history in 1950, but they rejected the offer outright. On January 24, 1950, the Naga National Council (NNC) informed the Indian Government, the United Nations (UN) and those countries that had their embassies in Delhi that the Nagas do not accept the Indian Constitution.”

It further says, “To reaffirm the declaration of Naga Independence, the Naga people under NNC took the historical step to strengthen the Naga political movement as they organized a Naga Voluntary Plebiscite, and informed the Government of India (GoI) on January 1, 1951 of their intentions. The Plebiscite was held on the 16th May, 1951. The result tabulated eventually in March 1952 was 99.9% voted in favour of sovereign independent Naga state.”

Nagaland in Colonial times

As we have reported earlier, the history of how Nagaland came to be a part of India, is complicated.

A region with a large population belonging to Naga tribes came under the control of the British in 1881. In 1886, it was named the Naga Hills district. From 1875 to 1910 several other regions inhabited by various Naga tribes such as the Lotha Nagas, Ao, Sema Nagas and Konyak Nagas were annexed by the British and added to this district. In 1912, the Naga Hills district was made a part of the Assam Province for ease of administration. When Nagaland formally joined the Union of India in 1963, many lands with large Naga populations continued to be part of Assam.

In fact, at present there is also a dispute regarding the border between Nagaland and Assam, as Nagaland claims large swathes of land in four Assam districts of Shivsagar, Jorhat, Golaghat and Karbi Anglong should be made a part of Nagaland given the large population of Naga people in the region and how historically the region was a part of Naga territory. These border dispute talks have been temporarily shelved till Covid-19 is brought under control in the region.

1947: Akbar Hyderi Agreement and Independence

In June 1947, the NNC and Assam Governor Akbar Hyderi initiated negotiations to settle the Naga issue by way of an interim political and administrative arrangement.

As per the agreement, the Nagas were granted varying degrees of judicial and administrative autonomy. The Naga Council was also granted taxation rights. The Governor of Assam and the Government of India were to ensure the observance of the agreement for a period of 10 years, following which a decision was to be taken to either extend the agreement or enter into a fresh one. 

However, the clause about the 10-year period has been interpreted by the two sides differently. While the Nagas saw it as independence from India after 10 years, India took it to mean that a new agreement would be entered into should the present one fail to address all concerns sufficiently.

However, this was not acceptable to the NNC and on August 14, 1947, Angami Zapu Phizo declared Nagaland’s independence, a move India did not find acceptable. 

Talks, violence, statehood and ceasefire

What followed was a period of talks with the Indian administration led by then Prime Minister Jawaharlal Nehru. This period was often marred by bouts of violence before Nagaland formally became a state of India subject to certain conditions in 1963. But this did not stop armed insurgency and bloodshed in the region. Armed Naga groups, many of whom were designated terrorist groups clashed with Indian security forces leading to multiple casualties on both sides.

Meanwhile, several excesses including gendered crimes were alleged to have been committed by security forces who allegedly misused the Armed Forces Special Powers Act (AFSPA) that was originally enacted in 1958.

Finally, a ceasefire was declared in 1997 following with concerted efforts were made from both sides to begin a peace process.

We have covered these historical developments in detail our previous reportage that may be read here.

Framework Agreement and Peace Talks

The Naga Peace Talks follow from a Framework Agreement signed between Naga groups led by NSCN (IM) and the government of India in 2015. It deals with several unresolved matters related to Nagaland’s autonomy. In 2017, six other Naga nationalist groups joined the talks. These are NSCN (Kitovi Zhimomi), the Naga Nationalist Council, the Federal Government of Nagaland, the NSCN (Reformation), the National Peoples Government of Nagaland (Non-Accord), the Government Democratic Republic of Nagaland (Non-Accord). Later even the NSCN-K came onboard and declared a ceasefire in December 2020.

In fact, in a speech delivered on March 22, 2021, a day commemorated as Nagaland’s 42nd Republic Day, NSC (IM) Yaruiwo (Chairman) Q Tuccu recognized the importance of the Framework Agreement and said, “The Framework Agreement is the meeting point of the two sovereign peoples. Sensible Nagas understand that this is one of the options where the Indians and Nagas can come closer to each other because it serves the purposes of both the parties. And therefore, it would be a great loss for them if they would betray the Framework Agreement or miss the chance.”

Naga demands: Separate flag and Constitution, repeal of AFSPA

When it comes to talks between Naga groups and the government of India, a long list of subjects needs to be discussed in detail, including some demands by Nagaland such as a separate Constitution and flag, that the Indian government finds contentious.

This demand was in fact reiterated in Nagalim Voice’s May 2021 edition, where is says, “Naga people held two things dear: their political identity as symbolise by the Naga national flag and the Yehzabo (Constitution). These two issues are not negotiable. It cannot be bartered away in exchange for any temporary gains.”

Amidst all this, one can also not ignore how in January 2021, the Ministry of Home Affairs (MHA) declared the entire state of Nagaland as a “disturbed area” for six more months under the Armed Forces (Special Powers) Act (AFSPA), 1958.  

Nagaland has remained under AFSPA for close to sixty years. AFSPA allows security forces to conduct operations anywhere and arrest anyone without a warrant. It has been condemned by many rights groups and most famously by human rights defender Irom Sharmila for its misuse by security forces to commit excesses, abuse and human rights violations.

In fact, scrapping the AFSPA was one of the key demands of the draft framework agreement to maintain peace in the region signed between the National Socialist Council of Nagaland (Isak Muivah) and the government interlocutor RN Ravi in 2015. However, the act was not withdrawn.

Image courtesy: Ministry of Textiles, Government of India

Related:

MHA declares entire Nagaland ‘disturbed area’
Nagaland steps one step closer to lasting peace
Turmoil in the NE: The Naga Pact and its ramifications

The post Turmoil in the North East: Where are the Naga Peace Talks headed? appeared first on SabrangIndia.

It’s been just a month since the Bharatiya Janata Party (BJP) led government returned to power after the results were announced for the Assam state Assembly Elections. And now, the central government has already started implementing policies that are being wisely seen as anti-Assam and anti-people.

It has announced the auction of two paper mills, one in Cachar and another in Nagaon. The auction is scheduled for June 30, 2021. Both the mills are now defunct. Production stopped at the Cachar mill on October 20, 2015 and at the Nagaon mill from March 13, 2017. However, this was done without even a proper closure notice! These mills were huge public sector undertakings and when they shut down, it was the end of a stable source of livelihood for hundreds of people.

Meanwhile, the wages of about 1,200 employees of the mill have been suspended for more than 50 months. The factory workers have failed to get their dues despite many protests. According to the mill workers’ union, at least 87 employees have died since the mills stopped functioning; some from anxiety due to the sudden shut down, and some because they were unable to afford medical assistance when they fell ill.

This stings more because Prime Minister Narendra Modi himself assured that the mills would be revived. While campaigning for the 2021 Assam assembly elections, Union Minister Amit Shah also promised that the paper mills would be revived.

But now it turns out that the auction process is already underway! On June 1, 2021, Kuldip Barma, Liquidator of Hindustan paper Corporation Ltd. notified that an auction will be held on June 30 of 2021 from 10 A.M to 6 P.M via this advertisement that appeared in newspapers shocking people in Assam.

The reserve price has been set at Rs. 1,139 crores. However, as per notification, the minimum incremental bid is only Rs 1 crore and the EMD amount has been set at Rs 55 crores.

Shocked by this, Manabendra Chakrabarty of the Joint Action Committee of Recognised Union (JACRU), a union of employees of both mills, told SabrangIndia, “The auction process must be stopped immediately. This is important for socio-economic development and protection of future generations. Save employment and save the lives of dying workers.” He added, “If Kerala government was able to revive the mills in their state, then why not the Assam government? If the state government wants, they can. Let the Chief Minister of the state revive the two mills. He can.”

A people’s group called Forum for Social Harmony, Assam strongly protested this anti-people policy of the government. On June 2, 2021 Sushmita Dev, National President of All India Mahila Congress Committee who belongs to Cachar (Barak Valley) wrote a letter to Himanta Bisa Sarma, the new chief minister of Assam, saying, “These industries have given good dividends in the past and were viable,” adding that with efficient management, “these mills can thrive and provide employment to the youth of Assam.”

Dev’s entire letter may be read here: 

Related:

New MSME Board appoints many non-official members with BJP links
BJP’s election manifesto in Assam promises “corrected” NRC, end of “Love Jihad”
Does the Assam MSME Ordinance threaten indigenous land in the state?

The post Assam paper mill auction: Employees’ unions demand revival appeared first on SabrangIndia.

The All India Kisan Sangharsh Coordination Committee (AIKSCC) Working Group said that Prime Minister Narendra Modi’s claims of development are hollow and fake and designed to favour corporate growth.

“As is proven by the three farm Acts forced on farmers, Modi’s claims at Aligarh Muslim University (AMU) on December 22, 2020 are not in harmony with the ground reality,” said the AIKSCC press release.

Accordingly, a large number of farmers in Gujarat decided to hold protest programs on December 25 to expose Modi’s and Chief Minister Vijay Rupani’s misgovernance. Farmers leaders said that farm suicides have continued unabated due to huge debts and deprivation of land. Analysis of 2011 National Sample Survey Office (NSSO) data shows that in 10 years 3.55 lakh farmers went missing in the state while the number of agriculture workers increased by 17 lakhs.

“This was mainly due to promotion of export-oriented contract farming by the then Modi government. During the BJP rule, water from the Narmada dam and Sabarmati River WaterFront too has been diverted from agriculture to industry, leaving farmers struggling to irrigate their land every year,” they said.

Further, they dismissed Union Agriculture Minister Narendra Singh Tomar’s claim that farmers will not lose their land under contract farming as a big lie. The new law says in Section 9 that the farmer can obtain expenses through separate debt deeds signed with financial institutions meaning that land and property will be mortgaged. Section 14.2 also states that all advances obtained by the farmer from the company will be recovered ‘as arrears of land revenue.’

To demonstrate their continued opposition to the Farmers (Empowerment and Protection) Agreement on Price Assurance & Farm Services Act, the Farmer’s Produce Trade and Commerce (Promotion and Facilitation) Act and the Essential Commodities (Amendment) Act, leaders asked farmers and supporters to skip one meal on the birthday of former Prime Minister and farmer leader Charan Singh on December 23, Kisan Diwas.

They also promised to intensify the boycott of products sold by companies owned by Ambani and Adani. Moreover, the AIKSCC condemned the crackdown on travelling protesters by the Madhya Pradesh police in Bhopal on December 22.

“AIKSCC has warned of intense struggle all over India against such high-handedness of BJP governments. Yesterday, the Uttar Pradesh and Delhi police faced reaction from farmers who were stopped in UP from travelling to Ghazipur,” they said.

The organisation stated that many such large arrivals from Western UP, Maharashtra, Madhya Pradesh and Karnataka would join farmers at various protest points.

Related:

Boycott Ambani-Adani products, ‘Thali Bajao’ on December 27 during PM Modi’s Mann Ki Baat.
Rajasthan julloos at par with Delhi protests! Farmers observe relay fast
Karnataka farmers stand steadfastly with protesting Delhi farmers, will reach Delhi border on Dec 25
Maharashtra farmers to leave for Delhi on December 21
Are the new farm laws constitutional?
Kranti ka Naqsha, Mapping the Revolution

The post Farmers leaders dismiss false claims of the central government appeared first on SabrangIndia.

The mighty Bharatiya Janata Party (BJP) led state governments, who have earned political power fuelled by votes from farmers after making many promises have now ordered its police force to make sure the democratic protest march does not reach Delhi. Security has been heightened at Delhi’s borders with Faridabad, Gurgram in Haryana and along the borders with Uttar Pradesh. The march to Delhi was called soon after farmers in Punjab called off their rail blockade for 15 days to allow the entry of essential items.

Since yesterday, the Haryana government barricaded its borders, suspended bus services with Punjab. The Delhi Police which is controlled by the Union Home Minister Amit Shah has been on alert, and borders at Gurugram, Faridabad, Karnal (all in Haryana) as well as areas along Uttar Pradesh border have been fortified. Delhi Police has also ordered that exit gates at key Metro stations are shut down till late afternoon today. These metro stations are all in Central/ New Delhi and are near Ministries, Parliament, Prime Ministers and Cabinet ministers residences and offices. Even on regular days these areas have high security and large gatherings are not allowed. 

According to information shared by Indian Express, the Delhi Police has adopted a new strategy. They are using trucks, filled with sand to stop farmers’ tractors at the Singhu Border.

#JUSTIN: As thousands of #Farmers from #Haryana and #Punjab called for a #protest march, the @DelhiPolice has adopted new strategy and for the first time, they are using trucks, filled with sand to stop their tractors at the Singhu Border.@IndianExpress,@ieDelhi pic.twitter.com/Eq6zQoS0uZ

— Mahender Singh Manral (@mahendermanral) November 26, 2020

Protesting farmers in BJP-ruled Haryana have already had a tough time marching towards Delhi, even after they braved chilling water canons in freezing winters, razor wires, road blocks, in Ambala, and at Kurukshetra, all ordered in place by the Haryana government. There is a heavy security detail deployed on Delhi-Jammu highway  near Karna Lake in Karnal,  stated  journalists who have been sharing images and reports from the sites.

Haryana: Heavy security deployed on Delhi-Jammu highway near Karna Lake in Karnal, in view of farmer’s protest march to Delhi

A commuter says, ” The highway has been blocked since late last night. Many vehicles are stuck here.” pic.twitter.com/OkFKHXAi2o

— ANI (@ANI) November 26, 2020

For the past  two days, Haryana police have been on overdrive, with traffic advisories warning commuters about a series of blockades at Ambala, Bhiwani, Karnal, Bahadurgarh, Jhajjar and Sonipat. Blockades were also put up at the four major National Highways leading towards Delhi – from Ambala, Hisar, Rewari and Palwal – and at entry points from Haryana to Delhi stated news reports. According to Tribune, Chandigarh’s Mohali Police issued an advisory on Wednesday night against taking the Chandigarh-Zirakpur-Delhi and the Patiala-Zirakpur-Chandigarh routes, where farmers’ protest march had caused traffic jams.  Alternative routes suggested were — Chandigarh-Panchkula-Nada Sahib-Yamunanagar-Delhi route for Delhi, and the diversion from Chhatt Light point towards Mohali to Chandigarh.

#ModiAgainstFarmers #FarmersProtest #FarmersDilliChalo Is This #Democracy ? Khnouri Border pic.twitter.com/896hCHEPN8

— Namberdar Taran (@TaranNamberdar) November 26, 2020

As farmers, and those marching in solidarity with them moved ahead with determination even drenched in the cold winter evening, the state did not relent. Many figured out alternate inner routes to be able to reach Delhi. The massive security arrangements at the Delhi-Haryana border at Gurugram seem to show the fear that the political class fears when the farmers rise to demand justice. The build-up is the heaviest on the Haryana side stated news report, and the Delhi police have also gathered at the spot, determined not to let the protesters in. Unfortunate signs, as many in the police and para military forces also come from farming families themselves.

According to news reports the Delhi Police had already rejected all requests from farmers’ organisations from six states – Uttar Pradesh,  Haryana, Uttarakhand, Rajasthan, Kerala & Punjab — seeking permission to hold a democratic protest in the National Capital against the farm laws they deem unfair. News reports stated that the Delhi Police even  said they would take legal action against violators, citing the ban on  gatherings as a part of the Covid-19 prevention protocol. However, a similar high security protocol has been seen when the farmers gave a Dilli Chalo call before.

Leaders like Sardar Jagjit Singh Dallewal led thousands of farmers through broken police barricades at the Punjab-Haryana border, and marched into Tohana in Haryana, moving towards Delhi.

सरदार जगजीत सिंह दल्लेवाल जी के नेतृत्व में हजारों किसानों ने पंजाब-हरियाणा के बॉर्डर पर पुलिस बैरिकेड तोड़ कर हरियाणा के टोहाना में प्रवेश कर लिया है और दिल्ली की तरफ कूच कर रहे हैं… pic.twitter.com/ikJeLVEgjC

— Avik Saha (@aviksahaindia) November 26, 2020

And as it announced the closure of key metro stations in the Capital,  Delhi police called the farmers’  march towards Delhi a “snap protest/rally/march.”

#WATCH Drone camera deployed for security surveillance at Delhi-Faridabad (Haryana) border, in view of farmers’ ‘Delhi Chalo’ protest march pic.twitter.com/gfoCTinFIe

— ANI (@ANI) November 26, 2020

Related:

LIVE Updates on All India General Strike and Peasants’ Protest 2020
Punjab Haryana HC issues notice to Haryana govt over alleged illegal detention of farmer
Adivasi Union to stand with peasants of country during nationwide protests

The post We will stop your march at all cost: Political message to farmers? appeared first on SabrangIndia.

Lakhs of Indian farmers took to the streets, sat under the scorching sun, put their bodies on railway tracks, to demand what are their basic rights. Fair price for the crop they grow, rights over the land they till. They marched, sat on dharnas, courted arrest, and protested throughout the country, and were supported by secular politicians, civil rights activists, even film stars, sporting heroes, and pop singers, both on the ground and on social media. Global media including the BBC, and Reuters, covered the protest, the first of its kind in the world since the Covid-19 pandemic hit. 

The Essential Commodities (Amendment) Bill, 2020; The Farmers’ Produce Trade and Commerce Bill, 2020; and The Farmers Agreement on Prices Assurance and Farm Services Bill, 2020, all laws now, have unified the farmers, to protest and demand that they be withdrawn. These legislations passed through without discussion or debate in the Indian Parliament last Sunday made a mockery of parliamentary democracy too.

How did the union government respond? It celebrated the birthday of  Deendayal Upadhyaya, one of the most prominent ideologues for those aligned with the right-wing ideology. He was a co-founder of the Bharatiya Jana Sangh, that later gave birth to the Bharatiya Janata Party. Hence Narendra Singh Tomar, Union Minister Agriculture and Farmer Welfare, Rural Development and Panchayat Raj, Government of India, was busy in his role as primarily a BJP worker. He remained busy with the birthday celebrations. 

आज पंडित दीनदयाल उपाध्याय जी की जयंती के पर ग्वालियर में आयोजित महाजनसंपर्क अभियान में शामिल हुआ।#MahaJansamparkAbhiyan #gwalior @BJP4MP pic.twitter.com/d8duzUiYpv

— Narendra Singh Tomar (@nstomar) September 25, 2020

Not that the farmers of India actually expected that the Agricultural minister would spare some time to address them, and listen to their concerns. They continued to protest the three controversial agricultural bills that became Law, once they were passed in the Rajya Sabha, despite lacking the required number of votes on September 20. That act of the ruling Bharatiya Janata Party (BJP) completely affronted the essence of democracy and disregarded Parliamentary rule and procedure. Incidentally, as reported by SabrangIndia earlier, the Ministry of Agriculture and Farmers Welfare had admitted to the agrarian crisis on September 18 when it said that more than 10,000 farmers, cultivators had died by suicide in 2019. This is part of the staggering 42,000 suicide deaths in the informal sector in that year. With the new “reforms” things are likely to just get worse.

However on September 25,the agriculture minister chose to quote Prime Minister Narendra Modi’s words from the BJP’s event celebrating Deen Dayal Upadhyaya’s birth anniversary that “Some people were misleading farmers and, people are spreading rumors, because of political interests. 

किसानों से हमेशा झूठ बोलने वाले कुछ लोग अपने राजनीतिक स्वार्थ की वजह से किसानों को भ्रमित करने में लगे हैं।

ये लोग अफवाहें फैला रहे हैं।

किसानों को ऐसी किसी भी अफवाह से बचाना भाजपा कार्यकर्ताओं की जिम्मेदारी है।

हमें किसान के भविष्य को उज्ज्वल बनाना है।

– PM @narendramodi

— Narendra Singh Tomar (@nstomar) September 25, 2020

He also spent most of his time, as shown in his various social media posts, with party work, and among other things also dedicated to the public, the Atal Bihari Vajpayee International Convention Center of Jiwaji University Gwalior, which he said was made at a cost of Rs 23 Crore.

जीवाजी विश्वविद्यालय ग्वालियर के अटल बिहारी वाजपेयी अंतर्राष्ट्रीय कन्वेंशन सेण्टर का आज लोकार्पण हुआ।
इस अवसर पर जीवाजी विश्वविद्यालय परिवार और ग्वालियर के सभी नागरिकों को हार्दिक बधाई। इस संरचना को बनाने में लगभग 23 करोड़ रूपए का खर्च आया है। pic.twitter.com/LlaVvn66nh

— Narendra Singh Tomar (@nstomar) September 25, 2020

His junior minister Parshottam Rupala too seemed to have a similar schedule. No time to speak of, for, or to the indian farmers who are still protesting, against the new Acts, they feel will harm their future.

ગુજરાત સરકારના શિક્ષણમંત્રી શ્રી @imBhupendrasinh જીને વર્ષ 2020 માટે શ્રેષ્ઠ ધારાસભ્ય એવોર્ડથી સન્માનિત કરવામાં આવ્યા તે બદલ તેમને ખૂબ ખૂબ અભિનંદન….
આપનું વર્તન, વિચાર, વાણી તથા પ્રજાના પ્રશ્નોને વાચા આપવાની સક્રિયતા હંમેશા સૌ માટે માર્ગદર્શક અને પ્રેરણા રૂપ બની છે. pic.twitter.com/APv7RDN5qS

— Parshottam Rupala (@PRupala) September 25, 2020

He was merely following the leader it seems.  Prime MInister Narendra Modi too had a busy day, addressing his party workers on the birth anniversary celebrations.
 

Addressing @BJP4India Karyakartas on Deendayal Ji’s Jayanti. https://t.co/UgKJlUOR0O

— Narendra Modi (@narendramodi) September 25, 2020

He also spoke to Japan’s new prime minister Yoshihide Suga

管義偉首相閣下ととても良い電話会議をした。
近年の印日関係の著しい成長、そして印日特別戦略的グローバル・パートナーシップの今後の方向性について意見を交わした。@sugawitter

— Narendra Modi (@narendramodi) September 25, 2020

It was only the BJP ally, Shiromani Akali Dal (SAD) chief Sukhbir S Badal who joined the afters, but only to say that his wife, and former minister Harsimrat Kaur Badal’s resignation had “shaken up Modi. For the past two months, there was no word on farmers, but now 5-5 ministers speak on it” The former ally is now planning a major protest march on October 1 and says it “will shake up the throne in Delhi as well the one in Chandigarh.

#WATCH “During World War II, the US shook up Japan with an atomic bomb. Akali Dal’s one bomb (resignation of Harsimrat Kaur Badal) has shaken up Modi. For past two months, there was no word on farmers, but now 5-5 ministers speak on it,”: SAD’s Sukhbir S Badal in Muktsar, Punjab pic.twitter.com/8ikbh093ii

— ANI (@ANI) September 25, 2020

Related: 

Farmer Protests: From streets to social media
MSP for farmers: Exposing the lies of the Modi government
Amendments to agricultural laws, dangerous for farmers: National Unions
Harsimrat Kaur Badal’s resignation, a public warning from Punjab farmers?Over 42,000 workers from informal sector allegedly die by suicide
Oppn boycotts Lok Sabha over farm Bills, Dharna by suspended MPs on

The post What farmer protests? The BJP-led Government was busy honouring Deendayal Upadhyaya appeared first on SabrangIndia.

Rajya Sabha MP and Aam Aadmi Party (AAP) leader Sanjay Singh has for the past few days been alleging that  the Adityanath-led BJP government in Uttar Pradesh has charged him with Sedition, and confirmed that he has received a copy of the charges. Singh had raised the issue in Rajya Sabha too where in an impassioned speech he alleged that he had been targeted and charged by the UP CM for speaking out against the law and order problems in the state. He said as many as 13 charges have been made against him in the past three months. 

On Friday, Singh announced that he now had the support of 37 Members of Parliament, from 12 parties, who have written to RS Chairman. Singh said that the RS Chairman “gave an assurance of action to the House.”

मेरे ऊपर “देशद्रोह” के मामले में 12 दलों के 37 सांसदों ने मा.सभापति जी को पत्र लिखा सभापति जी ने सदन को कार्यवाही का भरोसा दिया,

कॉंग्रेस ,एन. सी. पी., शिव सेना ,आरजेडी, समाजवादी पार्टी , डीएमके ,सीपीएम , सीपीआई , टीएमसी,अकाली ,टीडीपी , टीआरएस के 37 सांसदों का साथ pic.twitter.com/22IcVpNHay

— Sanjay Singh AAP (@SanjayAzadSln) September 18, 2020

Singh  alleged that Adityanath has called him “a ‘deshdrohi’ (traitor). In three months, there are 13 cases against me. There haven’t been so many cases against any mafia in Uttar Pradesh,” Singh told the media at a press conference in Delhi. He said he is ready to ‘court arrest, and will “leave for Lucknow on September 20 and surrender before the court.” Adding, “What is my crime? I asked this question to the honourable Chair in the House today. I am happy to say that 37 MPs supported me and the Chair assured the House that the entire matter will be investigated.”

According to Singh he has been charged with sedition “because I raised my voice on the violence and atrocities against Brahmins and Dalits in UP. Because I raised my voice against rampant corruption in the purchase of Corona kits in the times of a pandemic.” Singh, who has risen fast from city politics to representing the AAP in the Upper House, said Adityanath was abusing his political powers. “You must have heard several stories about the abuse of political power. I want to apprise you that the Uttar Pradesh government under Shri Yogi Adityanath has now filed a sedition case against me. I have given my whole life for the welfare of people but today the UP government is claiming that I am an anti-national. The Yogi government has filed 13 FIRs against me in the last 3 months. They have not filed 13 FIRs against any of the UP mafias in this period, but they have filed these FIRs against me,” he said.

Singh said, he raised his voice against the “atrocity of Brahmin and Dalits in UP,” and added that “every section and community is unhappy with the Yogi government. In Uttar Pradesh, the BJP led government under Shri Yogi Adityanath is torturing the people of Brahmin community. Atrocities are going on against the people from Maurya community, Nishad, Bind, Kashyap, Jaat, Gujjar, Valmiki, Kurmi, Yadav and other communities. I raised the issue of the killing of journalist Shri Vikram Joshi and others. I have also raised the issue of massive corruption by the Yogi government in buying Corona kits,” he alleged.

According to Singh, he has shown how the UP government is “buying Rs 800 Oximeter for Rs 5,000” and thermometers which are locally available for Rs 1,600 have been “purchased at Rs 13,000”, alleging corruption by UP government.

Sanjay Singh has alleged that the UP govt first registered a case under IT act, and after he raised the corruption issue, in Rajya Sabha, they filed a “sedition case yesterday evening against me”. He added that on September 20 he “will join the Rajya Sabha and from there I will travel to Lucknow to surrender in front of police. I know that the Yogi government will arrest me on September 20.”

He added that MPs from Congress, TMC, SP, Shiv Sena, RJD, TRS, TDP, DMK, Akali Dal, NCP and others have supported him and written a letter to RS Chairman, asking for a thorough probe. 

Related:

UP’s Special Security Force Act: The good, the bad, the ugly
No warrant, no due process: UP’s ‘Special Force’ to bend all rules!
UP just got its first detention camp
NHRC sends notice to Adityanath Govt, DGP Over Lynching of Murder Accused: UP

The post BJP government under Adityanath is torturing the people in UP: Sanjay Singh AAP appeared first on SabrangIndia.

The Bharatiya Janata Party-led Union Government has “allowed” Sudarshan News channel and its Editor-in-Chief Suresh Chavhanke to broadcast the controversial show ‘Bindas Bol’ which had been stayed by the High Court earlier. A jubilant Chavhanke declared that this show will be aired on Friday, September 11. He then went on to share the same communal toned promotional clip that he had done before, and ignited a massive controversy. 

Chavhanke once again advertised the show as an ‘expose’ on Jamia Milia Islamia and the Muslim community, claiming that the success of Jamia Milia Islamia students in the Civil Services examination 2020 was “a conspiracy to infiltrate the civil service by Muslims”. He still continues to advertise his media trial and ‘investigation’ on the issue.

सत्यमेव जयते ??#HighCourt ने सुदर्शन पर लगाए प्रतिबंध पर हिन्दुस्थान सरकार की राय माँगी थी, सरकार ने प्रसारण से पूर्व रोक लगाने से मना किया है#SupremeCourt का पहले ही यह निर्णय था. अब शुक्रवार 8pm #नौकरशाही_जिहाद #UPSCJihad पर एतिहासिक #BindasBol होगा pic.twitter.com/B103VYjlmt

— Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) September 10, 2020

Once again the promotional clip which is blatantly communal has gone viral. The Delhi High Court, on August 29, had directed the Centre to decide on the complaints received against the proposed show. It had ordered a stay on the show’s broadcast till the Centre took a decision in the matter.

Soon enough the Central Government allowed Chavhanke’s Sudarshan News channel to telecast a show on what the channel has branded as their “investigation” into what they allege is the “infiltration of Muslims” in the Civil Services. According to Live Law, the Union Ministry of Information and Broadcasting  “Directs @SudarshanNewsTV to broadcast the programme #BindasBol by ensuring that the programme does not violate any of the programme Codes.” The ministry has also  directed the channel to “ensure that the show proposed to be telecast did not violate any programme code”, adding that action would be taken if any violation of the law was found.

Ministry of Information and Broadcasting Directs @SudarshanNewsTV to broadcast the programme #BindasBol by ensuring that the programme does not violate any of the programme Codes#sudarshannews pic.twitter.com/47XVpfZnhN

— Live Law (@LiveLawIndia) September 10, 2020

However, emboldened by the permission Chavhanke did not seem to believe any action would be taken if he violated any ethical codes, and continued to use derogatory terms like #UPSCJihad to promote this show as he had done before.  

चरमपंथियो और वामपंथियो को पस्त कर के शुक्रवार रात 8 बजे होगा #नौकरशाही_जिहाद , #UPSCJihad पर #BindasBol .

पूरे देश में उत्सुकता

https://t.co/X0WYaWoS9R

— Sudarshan News (@SudarshanNewsTV) September 10, 2020

According to news reports, the channel in it’s written submission had stated before the Ministry of Information and Broadcasting that its show was “not violative of the law” and added that if at all the programme was found to be violative, action as per law could be taken. The Centre had responded after the Delhi High Court, on August 29, directed it to decide on the complaints received against the proposed show. The stay was granted till the Centre took a decision in the matter.

The Delhi High Court had put the brakes on Suresh Chavhanke’s plan to air his show that alleged that there had been an “infiltration of Muslims” in India’s civil services. Last week, the Delhi High Court ordered a stay on the broadcast of this show, which was being advertised by Chavhanke on social media, using hashtags such as ‘#UPSCJihad’.  The stay was ordered by a single-judge bench presided by Justice Navin Chawla, who issued a restraint order against the broadcast on a plea filed by former and current students of Jamia Millia Islamia University. The judge also issued notice to the Centre, UPSC, Sudarshan News channel and its Editor-in-Chief Chavhanke. 

In an order issued Thursday, the Information & Broadcasting (I&B) Ministry said it cannot pre-censor a programme, or stop it from being telecast. The Print reported the order as stating, “If only, when the programme is telecast and any violation of law is found, action can be taken”. 

The news report added that in its order, the ministry called the controversy surrounding the show a “peculiar situation” where the programme has not yet been telecast but has drawn complaints on the basis of its promo. The ministry said it had sent a notice to Sudarshan News seeking its comments on whether the show adheres to the programme code. The channel replied in a written submission that it is not violative of the law and action can be taken against it if the show turns out to be, stated the news report.

“…Sudarshan TV is hereby directed to ensure that the programme proposed to be telecast does not violate any of the programme codes,” the ministry said in its order, reported The Print.

Chavhanke had advertised the show as an ‘expose’ on Jamia Milia Islamia and the Muslim community, claiming that the success of Jamia Milia Islamia students in the Civil Services examination 2020 was “a conspiracy to infiltrate the civil service by Muslims”. He still continues to advertise his media trial and ‘investigation’ on the issue.

सत्यमेव जयते ??#HighCourt ने सुदर्शन पर लगाए प्रतिबंध पर हिन्दुस्थान सरकार की राय माँगी थी, सरकार ने प्रसारण से पूर्व रोक लगाने से मना किया है#SupremeCourt का पहले ही यह निर्णय था. अब शुक्रवार 8pm #नौकरशाही_जिहाद #UPSCJihad पर एतिहासिक #BindasBol होगा pic.twitter.com/B103VYjlmt

— Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) September 10, 2020

The plea filed through advocate Shadan Farasat contended that Suresh Chavhanke, the editor-in-chief of Sudarshan TV, openly engaged in hate speech and defamation against students of Jamia Milia Islamia and the Muslim community. Chavhanke’s promotional video,  had claimed that the success of Jamia Millia Islamia students in the Civil Services examination 2020 represented a conspiracy to infiltrate the civil service by Muslims.

The advocate appearing for the Central Government had informed the court it had sought a clarification from the channel after receiving several complaints regarding the programme which was set to be broadcast on Sudarshan News TV on August 28 at 8 pm. According to reports, the Supreme Court while hearing a similar plea albeit filed by a different petitioner had  refused to stay the broadcast of the same show. A two-judge bench of Justices D Y Chandrachud and K M Joseph said that the court had to be circumspect in imposing a prior restraint on the publication or the airing of views on the basis of an unverified transcript of a 49-second clip.

Meanwhile, Citizens for Justice and Peace (CJP) has filed a complaint with the  News Broadcasting Standards Authority (NBSA) in connection with the communally inflammatory promotional video for a show on the presence of minorities in public service. This complaint is against Sudarshan News’s trailer of the show alleging ‘UPSC Jihad’. The channel’s Editor-in-Chief Suresh Chavhanke is seen and heard in the video saying, “How has there been a sudden rise in the number of Muslims in IAS and IPS? What is the secret behind scoring high marks in such a difficult exam? If Jihadis of Jamia become your Collectors and Chief Secretaries, what will happen then? The big reveal on the Executive being infiltrated.”

He had shared that the show was going to be an ‘expose’ on “Muslamano ki Ghuspaith ke shadantra ka bada khulasa (The conspiracy behind Muslim infiltration in UPSC – The Big Reveal).  The CJP complaint brings to the NBSA’s notice that Chavhanke is known to have published such derogatory and venomous comments targeting the religious minorities in the past. He has also been previously arrested by the Lucknow police for inciting communal hatred. Among the many criminal charges him, also include charges of rape, attempt to murder and fraud, as per FIR filed by a former employee of Sudarshan news channel, in 2016.

The complaint further brings before the NBSA the many criticisms faced by the news channel on account of the promotional video of the show. More than 1,700 citizens — including prominent journalists, film directors, lawyers and civil society members — have written to seven chief ministers, demanding that an FIR be registered against Chavhanke for spreading ‘hate speech’. Further, even Jamia Teachers’ Association has urged the university administration to file a criminal defamation suit against Chavhanke for making offensive remarks after brilliant performances of Muslim aspirants in the recent examination held by the Union Public Service Commission (UPSC).

The show stands to violate the code of ethics and standards on reportage as set out by NBSA from time to time such as acting in public interest, avoiding creating panic and distress, avoiding offensive language, avoiding religious stereotyping and so on. Further, it also amounts to various offences under the Indian Penal Code such as promoting enmity, causing disharmony, outraging religious feelings and so on, which have been mentioned in detail in the complaint.

The complaint states, “These discriminatory statements and unverified claims amount to generating an atmosphere that can lead to mass violence and targeting of the Muslim community. The Muslim community has been subjected to hate speech and vehement hate propaganda in the past few years and the TV news media has especially been complicit and an active participant in driving this narrative.” Here is the real news behind Suresh Chavhanke’s fake news factory:

However there is no mention of “UPSC Jihad” in the court’s order. And Chavhanke has declared that this show will be aired on Friday.

Related: 

CJP calls out Sudarshan News’ hate agenda; moves NBSA
Promoting fraternity: Courts to the rescue
Delhi HC stays broadcast of Suresh Chavhanke’s ‘UPSC Jihad’ show

The post Centre allows Sudarshan News to air controversial #UPSCJihad show appeared first on SabrangIndia.