High Court’s Rebuke

A special bench of Justices Biren Vaishnav and Devan Desai expressed deep disillusionment with the state machinery’s response, noting that the authorities often act only after lives are lost. The court’s reprimand came after the RMC’s lawyer admitted that the TRP game zone did not have the necessary permissions. The court questioned how such a large structure could exist without the municipal body’s awareness and criticized the lack of fire safety measures and regulatory oversight.

“Were you blind to the existence of this large structure? How do you explain that the entire zone has existed for the last two-and-a-half years? What fire safety measures were applied?” the court asked, highlighting the failure to enforce safety regulations and the apparent inaction by the RMC over an extended period.

In response to the fire tragedy, the Gujarat state government has suspended five officials from various departments, including two police inspectors, for negligence. The court has directed current and former municipal commissioners to submit affidavits addressing concerns about structural stability and fire safety measures. Additionally, the chief fire officers from Ahmedabad, Vadodara, Surat, and Rajkot have been asked to provide affidavits detailing fire safety measures within their jurisdictions.

Political and Public Reactions

The tragedy has prompted strong reactions from political leaders and the public. Congress president Mallikarjun Kharge and former president Rahul Gandhi have expressed deep condolences and called for accountability. Kharge emphasised the need for strict punishment for the culprits and criticized the state government’s poor attitude towards preventing such incidents.

गुजरात के राजकोट में गेमिंग ज़ोन की भयावह त्रासदी अत्यंत पीड़ादायक है। समाचारों के अनुसार 24 लोगों की मृत्यु हुई है जिसमें कई मासूम बच्चे भी शामिल है।

पीड़ितों के परिवारों के प्रति हम गहरी संवेदनाएँ व्यक्त करते हैं और घायलों के शीघ्र स्वास्थ्य लाभ की कामना करते हैं।

कांग्रेस…

— Mallikarjun Kharge (@kharge) May 25, 2024

राजकोट, गुजरात में एक मॉल के गेमिंग ज़ोन में लगी भयंकर आग से मासूम बच्चों समेत कई लोगों की मृत्यु का समाचार बहुत ही पीड़ादायक है।

सभी शोकाकुल परिजनों को अपनी गहरी संवेदनाएं व्यक्त करता हूं। सभी घायलों के जल्द से जल्द स्वस्थ होने की आशा करता हूं।

कांग्रेस कार्यकर्ताओं से अनुरोध…

— Rahul Gandhi (@RahulGandhi) May 25, 2024

BJP officials and municipal workers of corporation have allegedly accepted bribes to allow the illegal operation of the gaming zone. It is claimed that evidence was dismantled and destroyed by municipal officials and police within 3 hours of the incident even before an Investigating officer was assigned to the case, hampering the investigation.

MP Jignesh Mevani voiced the demands clearly, stating, “The real culprits are the ones responsible for the safety of the city who let this illegal structure operate in exchange for bribes. We demand an investigation led by non-corrupt officers, specifically IPS Sudha Pandey and IPS Sujatha Majmudar, to ensure nothing goes wrong. The current compensation of ₹4 lakhs is too little; it should be at least ₹1 crore.”

Reflecting on the recent protests, Mr. Mevani added, “Despite a 72-hour fast and dharna by Congress and the families of the victims, the BJP government did not seem to care. Since our demands have not been heard yet, we have planned a protest on June 15, and June 25 will be observed as Rajkot Bandh to mark one month of the incident.”

The Way Forward

The Gujarat High Court’s scrutiny and the public’s outcry underscore the urgent need for reform in municipal oversight and safety regulations. The tragic loss of life in the Rajkot gaming zone fire serves as a grim reminder of the consequences of negligence and corruption. As the investigation unfolds, the demands for accountability and justice continue to grow louder, reflecting a collective determination to prevent such tragedies in the future.

Related:

Protests over Dalit suicide turn into national movement

Jignesh Mevani and 29 others acquitted in Ahmedabad rail roko case

Telangana: BJP lifts suspension of notorious hate offender T. Raja Singh

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A case of misuse of the Disturbed Areas Act and blatant Islamophobia and outright boycott of the Muslim community has come to light in Gujarat. Not that there is any dearth of such incidents in many parts of the country, but this time, the same has come to light in the Gujarat high Court, where the court imposed cost on the litigants for opposing the sale of property from a Hindu man to a Muslim man, after the sale was executed. The bench of Justice Biren Vaishnav questioned the motive of the applicants while imposing costs. The neighbours in the locality opposed the renovations being made to the property, even though earlier two signatories had consented to the sale during a panchnama.

The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Premises in Disturbed Areas Act, 1991 requires previous permission before a sale can be executed in a disturbed area. The permission was sought as per the law however, since the police report opined that such a transfer would create a law and order problem as a sale through a Muslim by Hindu would result in polarization, it was opined that the application should not be granted.

An application was thus filed by Onali Ezazuddin Dholkawala challenging the order of Deputy Collector, Vadodara dated January 30, 2017, which was confirmed by Secretary, Revenue Department in June 2018. By this order, the petitioner’s permission for purchase of property in predominantly Hindu areas was rejected on the ground that  such sale was likely to affect the balance in the majority Hindu / Minority Muslims and could develop into a law and order problem.

The court noted that the “consideration on whether it would create a law and order problem and disturb the equilibrium was misconceived” and only wished to look at whether the sale was for a fair consideration and with free consent.

In a judgment dated March 9, 2020 the high court had opined that this was “foreign to the concept of the decision making process as what was only important was whether it was not a distress sale and the property was sold for a fair value with free consent.”

Even after this judgement, the Sub Registrar was not completing the registration procedure for the sale deed and hence another application was moved, after which the registration was done. However, the signatory to the panchnamas who had otherwise supported the sale approached the Division Bench challenging the 2020 judgment.

The Assistant Government Pleader Ms. Dharitri Pancholi submitted before the court that the state undertaken the exercise of recording statements of the panchas who have said that they were constrained to sign the panchnamas as neighbors and subsequently some other statements of the neighborhood were obtained which indicated that the neighbors had expressed reservations against the transaction of the sale of the property in question.

The applicants seeking recall of the judgement argued that the judgement has several mistakes. It is the case of the applicants that the shop was of Hindu which was sold to a Muslim in a Hindu community area whereas, in paragraph Nos.5 and 6 of the judgment the Court has mentioned that it was a sale to a Hindu. However, the court noted that this particular one was a singular error and a minor one. The court also refused to accept the argument that the judgement was obtained by fraud.

The applicants, who signed the panchanamas, sought recall on the ground that their signatures to the panchnamas were taken without them actually understanding the repercussions. In a set of fresh statements recorded by the state, the applicants said that they do not dispute the signatures but they were compelled to sign such statements and were not residing in that neighbourhood. However, the petitioner produced evidence to show that the signatories were indeed  residing in that neighbourhood.

The court said that the motive of the applicants was questionable. The court also observed that the retaking of the statement, as earlier directed by a bench, brought forth other neighbours who came forward suggesting that the sale should not have happened as it was creating a situation where the equilibrium was being disturbed.

The court dismissed the applications filed by the signatories and the other neighbours while observing thus,

“this when seen in context of the facts itself is a disturbing factor that a successful purchaser of property in a disturbed area is being hounded and thwarting his attempt to enjoy the fruits of the property which he successfully purchased.” (para 21)

The court also imposed a cost of Rs. 25,000 on the applicants.

The Gujarat High Court judgement may be read here:

Boycott during COVID

There are many such incidents of Muslims facing socio-economic boycott in various parts of the country. The most brazen of these were witnessed in 2020 when during the COVID-19 pandemic, at its peak, Muslims were literally ostracized in the name of the Tablighi Jamaat members, who were detained one by one in various parts of  the country and who were let off by courts finding no criminality in their actions, as per the law. In 2020-21, one by one, these cases against Jamaat members came up before courts across the country and one by one they were either discharged from the offences or they were granted bail. Sabrang India’s analysis of these multiple orders, reveals that the Courts not just bailed out Tablighi members, but seriously questioned the charges invoked against them, quashing the cases filed against them. The narrative around the Tablighi Jamaat turned turtle with courts discounting such charges viewing them as unsubstantial. The Tablighi narrative was used against Indian Muslims as the visiting foreign nationals were given refuge by the Muslim community in India, in mosques or madrassas or in some cases, their homes as well. This was then twisted into socio economic boycott of the entire Muslim community by using terms like “corona jihad” and a “conspiracy” was ascribed to the community that they were conspiring to spread COVID-19 in the country.

Socio-economic boycott still active

After this narrative died down and life was coming back to normal after COVID-19, the socio economic boycott continued in some way or another. One such series was documented by Citizens for Justice and Peace, pointing towards boycotts at temple fairs in Dakshin Kannada. Early in January, management committee of Sullia Sri Channakeshava Temple, Mangaluru had decided to have an open auction of the stalls irrespective of religion but after pressure mounting from  the local Hindutva group Hindu Hitarakshana Vedike, the temple management decided that Muslim vendors will not be allowed at the fair. In November last year, during the Champa Shashti festival of Kukke Sri Subrahmanya temple as well, Non-Hindu traders were disallowed. What had begun at a Shimoga temple and was followed by more in Dakshina Kannada and Udupi has spread to shrines in Tumkur, Hassan, Chikmagalur and other districts including temples of Belur Channakeshava in Hassan, Siddhalingeshwara in Tumkur and the 800-year-old Bappanadu temple (built by Muslim merchant Bappa Beary of Kerala) which has been a symbol of communal harmony.

Despite the Constitution of India providing protection to all citizens against such a blatant discrimination on the grounds of religion etc, the boycotts are pretty much prevalent and seeing the outreach of the fringe groups, looks like they are here to stay. Under the Constitution, Article 19 ensures freedom of movement and the right to undertake economic activity. While Article 14 says that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, Article 15 prohibits discrimination on grounds only of religion, race, caste, sex, place of birth.

Gujarat and Madhya Pradesh apart from Uttar Pradesh have also seen similar blatant calls for a socio-economic boycott driven by such right wing groups and some fringe groups that drive these vehemently on the ground.

Related:

HATE WATCH: DAKSHINA KANNADA AND A PATTERN OF BOYCOTT AT TEMPLE FAIRS

HATE WATCH: PARVESH VERMA CALLS FOR TOTAL BOYCOTT OF A PARTICULAR COMMUNITY

HATE WATCH: INDIANS REJECT #BOYCOTTMUSLIMS CALL

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On Monday June 16, 2022, the Gujarat HC hearing a petition filled by the Mansukh Kumar khaniya and others victims of custodial torture, ordered a fresh probe into the allegations of custodial torture. The police have been granted time till July 4 to file a progress report on the details of further inquiry. The HC also pulled up the state for “misleading the court”.

Brief Background of the Case

On February 04, 2015, two couples were arrested in connection with a First Information Report (FIR) registered in Dhandhuka Police Station in Ahmedabad district for offences under sections 328 and 394 of Indian Penal Code 1860, in which allegations were made against the couples and police sub-inspector Rajendra Karmatiya arrested Mansukh Kumar khaniya, his wife Mina, his brother Rasik and his wife Rina. Both persons are residents of Tagdi village in Ahmedabad district and belong to Devipujak sect, listed as a nomadic and marginalised community. Days later, the brothers and their wives were arrested in four other undetected offences registered in different police stations between 2013 and 2015 based on their “confessional” statements SI Karmatiya, then posted with Dhandhuka police station, had arrested them in a case related to an attempted robbery.

These persons were then allegedly harassed and tortured in police custody. According to the confessional statements of the victims, four other such cases for undetected offences were made against them by concerned police stations. The trial Courts have acquitted the victims in all these four cases. The four persons from the Devipujak community who were “illegally detained” and subjected to custodial torture moved the Gujarat HC in 2015, seeking action against erring police officers and compensation.

The order of the Gujarat HC states:

“The HC was shocked to find that the police officials held biased opinions against the Petitioners(the victims of police profiling and brutality) as they belong to a particular community. This is a clear case of communal profiling. It also appears from the report that numerous cases are filed against a near relative of the present Petitioners. Through the report it also appeared to the Court that the Petitioners appeared to be victims only because of their birth in certain community, Shabrang India reported on April 01, 2022”,  stated Hon’ble Mr. Justice Desai

Hon’ble Justice Nirzar Desai in his order on June 16, 2022, said that he was “not satisfied” with the investigation and asked the assistant public prosecutor on behalf of the investigating agency to file a fresh affidavit with “some concrete action and promptness and granted time till July 4 to the state to file a progress report on the details of further inquiry while pulling it up for “misleading the court”.

Previous order of the Gujarat HC

The Gujarat High Court has passed an oral order on March 16, 2022Mansukhbhai Valjibhai Kumarkhaniya (Devipujak) & 3 other(s) Vs. State of Gujrat& 5 Other(s), R/Special Criminal Application No. 2249 of 2015, asking the state government to respond as to why “exemplary compensation” shouldn’t be paid to the victims, the single-judge Bench of Hon’ble Mr. Justice Nikhil S Kariel ordered the Inspector General of Police (IGP), Ahmedabad range, to conduct an inquiry into the case.

Justice Nikhil S. Kariel in para 3 of the Judgement held that “This court is of the prima facie opinion that this is a clear case of extreme excess by the concerned police authorities and whereas even senior officers of the level of DySP (deputy superintendent of police) and SP (superintendent of police), who were supposed to hold an impartial inquiry, have just conducted a sham inquiry maybe in order to protect their subordinates,”In March 2022, the HC held that they were “prima facie… falsely implicated in five FIRs”, and ordered for an inquiry. The court observed that they were held victims “on account of their birth in a particular community”, and the said community purportedly believed to indulge in theft and illegal activities.

Custodial Torture and Supreme Court Ruling

Custodial torture a form of torture that generally happens when a person alleged of any crime is under the custody of law enforcement officials. The Supreme Court, in the case of D.K. Basu, Ashok K. Johri Vs State Of West Bengal(1997) 1 SCC 416: 1997 SCC (Cri) 92laid down a legal framework to prevent custodial violence and death. It issued eleven directions that would govern arrests/detention, in addition to the then-existing constitutional or statutory provisions. These directions included:

1.Police personnel involved in arrests and interrogation must bear visible and clear identification with their name and designations. These details must be further recorded in a registry.

2.The officer conducting the arrest must prepare a memo with details of time and date of arrest – this memo should have the signature of the arrestee and of either the arrestee’s family member or ‘respectable person’ from the locality of the arrest.

3.Details of the person’s arrest must be shared with his/her friend of the family.

4.If the friend/relative of the arrestee resides outside the area of the police station, the police should communicate the details of the arrest within 8-12 hours.

5.The arrestee must clearly be communicated of his/her right to have his/her friend or relative informed of the arrest.

6.The police must enter in the diary details of the arrestee and communication to his/her relative or friend.

7.At the time of the arrest, the arrestee must be inspected and if he/she bears any injuries this must be recorded in an ‘inspection memo’.

8.The arrestee must be taken for medical examination every 48 hours of his/her detention.

9.The copies of all documents referred in above must be sent to the magistrate.

10.The arrestee may meet with his/her lawyer during the interrogation.

11.The details of the arrest must be communicated to a police control room within 12 hours of the arrest and the control room should display details of the arrest in the notice board.

Failure to comply with the requirements hereinabove mentioned shall apart from rendering the concerned official liable for departmental action, also render his liable to be punished for contempt of court and the proceedings for contempt of court may be instituted in any High Court of the country, having territorial jurisdiction over the matter.

Related:

Gujarat HC slams senior cops for conducting a “sham inquiry” in custodial torture case
Has torture in police custody become routine?
End Custodial Torture: SC’s new comprehensive directions on CCTVs in police stations
Disarray in Odisha over custodial violence cases
Delhi HC again adjourns petition about police accountability for ‘indiscriminate’ arrests: Justice delayed?

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The Gujarat High Court came down heavily upon the Ahmedabad Municipal Corporation (AMC) for taking action against street vendors selling non-vegetarian food on the streets of Ahmedabad. According to LiveLaw, the Bench of Justice Biren Vaishnav asked, “You don’t like non-veg food, it is your lookout. How can you decide what people should eat outside? How can you stop people from eating what they want?”

The plea was filed by 20 street vendors before the Ahmedabad High Court challenging the non-implementation of the Street Vendors [Protection of Livelihood and Regulation of Street Vending] Act, 2014 and the rules. The petitioners are however not just vendors of non-veg food but are persons having egg stalls, some cook eggs, some sell fruits and vegetables. They have challenged the acts of the respondents in seizing the laaris/carts and other ancillary equipment/apparatus and raw material without following due process

The AMC claimed that this was done as selling non-vegetarian food on the streets creates a health hazard as it is unhygienic and also harmful to the environment. The petitioners submitted that “Non-vegetarian food is being prepared and sold within the State of Gujarat for centuries. Under what authority or power are the Respondents preventing the Petitioners and persons alike from vending is something that is not available in public domain. This is nothing but bigotry to say the least.”

The plea also avers that as long as a person doesn’t impinge/violate the right of another or violate the law of the land, he/she must be free to produce/sell anything that he/she wants as such right has been afforded by Article 21 of the Constitution of India, reported Livelaw.

The petitioners have sought absolute compliance of the Street Vendors Act and also a direction that AMC should not oust any hawker/vendor/seller from the streets or impound any apparatus without following due process as per the law.

“How can you decide what people should eat? Suddenly because someone in power thinks that this is what they want to do? Tomorrow you will decide what I should eat outside my house? Tomorrow they will tell me that I should not consume sugarcane juice because it might cause diabetes or that coffee is bad for my health,” the bench orally remarked, reported LiveLaw.

Meat politics

This is certainly not the first instance in recent times of the government or their agencies trying to control what people eat. Meat politics has been in picture and predominantly so in recent times. In June, Kerala High Court stayed an order passed by the Lakshadweep administration to close down dairy farms on the islands and change the midday meal diet of school children by excluding chicken, beef, and other meat from the menu.

In the state of Gujarat in the mid-1990s – early 2000s Dalit and Muslim mothers would be warned if they packed a boiled egg in the tiffin(s) of their school-going children. In April 2000, in its cover story on Gujarat, Face to Face with Fascism, co-editor, Teesta Setalvad had reported in Communalism Combat (CC) on how, in the three years previously, “Members of the RSS–BJP–VHP combine have deliberately raked the whole issue of slaughter on Bakri Id, since 1997.” Waljibhai Patel, the doyen of the legal struggle for Dalits and minorities in the Gujarat High Court through his organisation, the Council for Social Justice (CSJ), told CC, “Jains are barely 0.2 per cent of the population but are extremely wealthy and influential. Hence the hue and cry around Bakri Id that also falls close to Mahavir Jayanti. Digambar Jains have a fortnight of observance of Paryushan.”

In 1997, Jains demanded that the slaughterhouse be closed for two weeks in consideration of their sentiments. The writ petition in 1997 resulted in a Gujarat High Court order directing that the slaughterhouse be re-opened. But the influential Jain lobby again voiced the same demand the very next year — this time with the BJP in power. Once again the CSJ approached the court and the HC directed the slaughterhouses to remain open for the entire fortnight, barring the first and last days. 

In May 2017, the Central government attempted a complete ban on slaughter of cattle including – cows, buffaloes, bullocks, calves and camels- but this decision was stayed by the Supreme Court as it interfered with livelihood of people involved in leather and tanning industry as well as the meat production industry. In most cases the courts have aligned with the interests and the rights of the people but it is a sorry state of affairs that people have to reach the doors of the court to seek relief and until then have to suffer loss of livelihood and also suffer violation of their right to life and right to choose what to eat.

Pyramid of hate

As such, food bans like these serve as micro-aggressions in a pyramid of hate decried by organisations like Citizens for Justice and Peace (CJP). According to Secretary Teesta Setalvad, “Biased attitudes of stereotyping, insensitive remarks, fear of differences, non-inclusive language, micro aggressions justifying biases by seeking out like-minded people, that takes shape in the form of hate,” lay the foundation for institutionalised hate. The same can be seen in recent events as well.

Data of non-vegetarian population

According to the Sample Registration System (SRS) 2014 report, 71.6 percent males and 70.7 percent females in India above 15 years of age are non-vegetarian. Of these, 77.9 percent males and 76.1 percent females are from the SC category, and 76 percent males and 75.9 percent females are from the ST category. Almost every state in India has a special non-vegetarian dish using chicken, beef, mutton, fish or eggs. North-eastern states also have various dishes with pork.

Back in Gujarat – with a large population of Jains – 39.9 percent males and 38.2 percent females are non-vegetarians, as per the SRS report. Cities like Ahmedabad and Vadodara claim residents complain about the smell of food – not about the traffic caused by the stall.

Related:

Understanding the layers of “hate” in Gujarat’s non-veg ban

Gujarat Minister likens non-veg food vendors to land grabbers
Meat politics and related jurisprudence in India
In Madhya Pradesh, eggs blur the line between religion and nutrition

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The Gujarat High Court has directed the Ahmedabad Municipal Corporation (AMC) to identify and disconnect, at the earliest, the unauthorised industrial wastewater connections to the CETP mega pipeline that disposes treated waste into the Sabarmati river.

In an interim order, Justices J. B. Pardiwala and Vaibhav D. Nanavati gave a slew of instructions to the AMC, after a Joint Task Force (JTF) report revealed the dismal functioning of the Sewage Treatment Plants (STPs). The report said that the STPs were never properly reviewed or evaluated and systematic problems were left unquestioned. It even stated that the AMC has no record of operational status and issues.

“The need of generation of authentic data of sewage/ wastewater generation, disposal and characterization itself shows the lack of institutional coordination and functional mechanism… stakeholders like STP operators, AMC and GPCB are working in a fragmented manner with lack of coordination,” found the report. The team said that a huge volume of data was generated from the SCADA system, online analyzers and laboratory analysis but remained unverified and unused for corrective measures. Therefore, it called the STPs malfunction a “systemic” rather than technical issue and called for more frequent and rigorous review of the plants.

Based on these and more findings, the Court called for immediate identification of the unauthorised sewage connections. Further, it requested the AMC Commissioner and State Chief Secretary to work together to ensure the Court’s directions are complied with in letter and spirit. It also requested the Chief Secretary to keep a close watch on the present public interest litigation and extend full cooperation.

“We lay much stress on this particular direction [because] if we want to achieve good and positive results, then such identification is a must and it should be undertaken at the earliest. We direct that the identification and disconnection of all such unauthorized connections shall be done by the owner of the respective pipeline network. The actions and the outcome shall be shared among stakeholders from time to time,” said the court.

It directed the AMC to explore possible means to treat the sewage in the carrying drains until arrangements for sewerage system and STPs are ensured. Similarly, the AMC will consider the provision of neutralisation of wastewater received at STPs to prevent the disturbance of the biological treatment system of the STP.

“This would also protect the river as well as the plant machinery. This provision would be preventive. The identification and check on the unauthorised acidic effluent discharge shall be ensured through coordinated surveillance,” observed the Court.

Acknowledging the shortcomings of laboratories as mentioned in the JTF report, the Court directed the administration to look into the affairs of the laboratories in all respects. The Court said that laboratories are not functioning in the manner expected by the law for such labs, and that it is the Gujarat Pollution Control Board’s (GPCB) duty to keep a close watch on the labs because it relied on their furnished data.

“If there are inefficient or unqualified people or technicians in the laboratories, then the contract should be immediately terminated… and fresh appointments shall be made of qualified and efficient staff,” said the court order.

Accordingly, the court directed the AMC to regularly verify and strengthen continuous online analysers for data reliability and provide the JTF with the necessary details of hot spot zones identified on the basis of the PH monitoring at all pumping stations. Moreover, all Common Effluent Treatment Plants (CETPs) shall ensure operational Online Monitoring of Industrial Emission & Effluent (OCEMS) with connectivity with the GPCB portal. CETPs shall list out technical reasons for non-compliance.

Related:

Gujarat’s environmental group demands cancellation of GPCL’s environmental clearance
Vadodara’s industries continue to pollute river and groundwater with impunity
Environmentalist decries continuous pollution of Daman Ganga river by Vapi industries
NGT imposes 25 crore interim penalty in Dahej chemical factory blast incident: Gujarat

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The Gujarat government has told the Gujarat High Court on August 17 that interfaith marriage is not prohibited under the Gujarat Freedom of Religion (Amendment) Act, 2021, but using it as a tool or instrument for effecting forceful conversion is not allowed. The bench of Chief Justice Vikram Nath and Justice Biren Vaishnav is hearing petitions challenging the amending Act. The matter will next be heard on August 19.

The original Act of 2003 prohibited conversion by force or allurement, however the 2021 amendment make conversion by marriage an offence which is one of the many common threads between the anti-conversion laws passed by UP, Uttarakhand, Himachal Pradesh and Madhya Pradesh as well.

Advocate General Kamal Trivedi appearing for the state quoted the statement of objects and reasons that ‘it is considered necessary to prohibit the forcible conversion by marriage’ and stated that the word “marriage” in section 3 takes its colour from the company of the words around it. Thus, as per his interpretation, the context of marriage comes only if there is “force, allurement or by any fraudulent means”.

Section 3 of the amendment Act states, “no person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by use of force or by allurement or by any fraudulent means or by marriage or by getting a person married or by aiding a person to get married nor shall any person abet such conversion”.

A plain reading of this provision suggests that each means mentioned here i.e., force, allurement, fraudulent means, marriage are all independent of each other due to the use of the word “or” after each of these words.

The bench implored Trivedi that if he wants to make a statement on how the provision must be read, they will record the same. “But say that this (section 3) has to be read like this (in conjunction with the three elements of force, fraudulent means or/and allurement),” the bench said, to which Trivedi responded that he can take instructions and provide the same in writing, reported Indian Express.

At the previous hearing held on August 5, the high court had issued notice to the state government and the bench had orally expressed its displeasure over the changes brought about in the law. The bench had orally remarked, “Either you say if there is marriage by force or fraudulent means and then there is conversion, then of course, it is not right, fair enough. But if you say only because of marriage, someone converts and so it is an offence (it is not correct).”

The bench had opined that if an inter-religious marriage is without coercion or fraudulent means then it should not be treated as an offence. When state counsel Manisha Luvkumar contended that the object of the Act is to check that if in a relationship if one says unless you convert, there will be no marriage. To this, CJ Vikram Nath, reported responded that “it is between the two individuals”. This clearly indicated that the bench was keen on drawing a line on State interference in an individual’s privacy. Further, when the state counsel said that marriage does not require conversion, the court remarked that it is for the married couple to decide which religion they want to follow

SabrangIndia’s sister organisation, Citizens for Justice and Peace (CJP) has also moved the Supreme Court against the anti-conversion laws passed by UP, Uttarakhand, Himachal Pradesh and Madhya Pradesh. The petition cites detailed grounds for this challenge including issues of privacy, extra-Constitutional powers to police and non-state actors, the fact that they violate the non-negotiable tenets of secularism, equality and non-discrimination.  Both, the Act and Ordinance, are inherently anti-women and discriminate against women, giving them no agency whatsoever and are therefore bad in law and substance.

In April, the Supreme Court made a passing remark on the right of an individual to choose his religion. While dealing with a plea against black magic, superstition and mass religious conversions, the court said, “I don’t see a reason as to why any person above 18 cannot choose his religion. There is a reason why the word “propagate” is there in the Constitution”.

Related:

Gujarat Freedom of Religion Act challenged, HC issues notice
Allahabad HC grants bail to man charged under anti-conversion law
Woman embraces Islam and marries a Muslim, Jammu & Kashmir HC grants protection

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A Gujarat High Court Bench comprising Chief Justice Vikram Nath and Justice Bhargav D Karia, that has been hearing a suo motu Public Interest Litigation (PIL) regarding the Covid-19 situation in the state since April 12, has now observed that more could have been done to control the crisis.

In today’s hearing on April 15, Chief Justice Nath referred to the rise of cases in Gujarat over the past few days, that has gone up to 7,410 cases a day. Bar & Bench quoted him saying, “Not that the State was sleeping, but little more should have been done.”

Bar & Bench reported that in the previous hearing, the court expressed its dissatisfaction with certain policies of the government albeit it observed that the state was doing its best to deal with the situation. The Bench had directed the state to file its response in the matter.

The High Court had observed that several media reports on the pandemic indicated that Gujarat was heading towards a “health emergency of sorts” and initiated a suo motu public interest litigation over the coronavirus situation in the state.

Advocate General Kamal Trivedi (appearing for the State) ensured the Bench that the State is fighting together against the pandemic and that the laboratories are responsible for reducing the staff and the production of Remdesivir, a medicine approved for treating Covid. He reportedly blamed the press for showing the government in bad light and stated that the government’s “intention is not bad”. To this, the court remarked, “Nobody is saying you are to blame for the tsunami of cases. Press is only saying that the state should have been more prepared”, reported B&B.

Dr. Jayanti S. Ravi, Principal Secretary, Department of Health and Family Welfare, as per B&B, informed the court about the following immediate measures undertaken by the state:

• Not more than 50 persons can assemble at wedding functions and funerals and the time duration is restricted to curfew timings from April 14

• Religious celebrations and festivities are prohibited for the months of April and May.

• Public gatherings, processions, social events, for any reason, are strictly prohibited.

• Strength of employees coming in to work reduced to 50% and on alternate days. This is not applicable to essential services.

• Religious places to be closed. Entry to worshipers and pilgrims to be stalled till April 30.

• Negative RT-PCR report mandatory for all passengers coming into Gujarat from April 1, 2021.

• 22 Senior IAS officers assigned special duty of monitoring corporations and districts where the number of cases are increasing.

• 8 senior IAS officers have been given special responsibility of monitoring Covid-19 care centres in corporations.

• Vaccination available to all above 45 years.

• Night curfew imposed in 20 cities along with 4 metro cities from 8 pm till 6 am till April 30.

• Education institutes in the State to remain closed till April 30.

• Public transport closed in Surat and Ahmedabad Corporation.

• Interns, doctors and students of final year of nursing and MBBS dental, physiotherapy is involved in containment activities of Covid-19

• Strict implementation of social distancing and mask-wearing measures.

• Mass gatherings, social and political or other activities prohibited. Festivities restricted to symbolic offerings. Chaitri Navratri, Gui Padavo, Ram Navami, Ramzan Eid celebrations restricted.

• Suggestions received from the Gujarat High Court Advocates’ Association (GHCAA) for physical infrastructure, availability of medication, availability of oxygen, norms of physical movement, restrictions on assembly for social or religious events have been considered duly.

On the healthcare infrastructure

The Government informed the High Court Bench that the State currently has 97 testing labs, of which 43 are government hospitals and 54 are private labs, according to some media reports. As many as 70 RT-PCR machines are available in government labs and 40 are being purchased to enhance testing capacity.

According to the State’s response, Rapid Antigen Testing (RAT) has started in all Primary Health Centres (PHC), Community Health Centres (CHC), Health and Wellness Centres, Urban Health Centres and Outdoor walk-in facility kiosks, and 2177.7 tests per day per million are being conducted as against 66 tests per day per million on June 15, 2020, reported Bar & Bench.

Shortage of Remdesivir injections

The state has been reporting the shortage of this antiviral drug used to treat Covid and the High Court took note of the grim situation in the said PIL titled In Re : Uncontrolled upsurge and serious management issues in COVID control. The State was asked to file an affidavit on the situation of shortage and directed the State to explain what it is, and when, where, and to whom it should be given.

According to a report in Bar & Bench, the State clarified that the drug is not viewed as direct treatment for Covid but is currently being used as an antiviral drug to fight it. They have submitted before the court that it is to be given on an emergency basis and under supervision to patients complaining of continuous, high-grade fever and showing a lack of oxygen saturation. However, even according to the World Health Organisation (WHO), there is no evidence that Remdesivir improves survival in corona patients, says the reply.

According to the media, the State told the court that due to the dip in cases, the manufacturers reportedly scaled down their production very significantly by about 5-10% affecting the supply chain. The issue of fluctuating Remdesivir prices, over charging, hoarding, black marketing and short supply was also raised in the court. The State, as per Bar & Bench, told the court that on April 14, a communication flagging these issues was addressed to the Chairman of the National Pharmaceutical Pricing Authority, New Delhi.

The State has lastly submitted in its affidavit that the Centre has stopped the export of Remdesivir since April 2021 and that the manufacturers have also been asked to scale up production. The police have also been cracking down on hoarders and black marketeers of Remdesivir, pushing the tally to 6 cases over its illegal sale.

Related:

Covid-19: Gujarat HC says state heading towards a “health emergency”, Gov’t stays silent

Night curfew back in Gujarat, as Covid-19 cases surge again

Covid-19: Over 1,45,384 new infections reported in India on Saturday

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The Gujarat High Court has proposed to prohibit “social exclusion of women on the basis of their menstrual status in any manner” at all educational institutions, hostels and living spaces for women – female students, working women and others.

The court also opined that the State must include the issue of social exclusion of women on the basis of their menstrual status in all existing campaigns/schemes that aim at menstrual hygiene.

The Bench of Justice J. B. Pardiwala and Justice Ilesh J. Vora were hearing a public interest litigation (PIL) filed in connection with an unfortunate incident wherein, over 68 girls in a hostel in Kutch were reportedly asked to strip to prove that they were not menstruating.

They were paraded through the college into the restroom and forced to individually remove their undergarments. This incident took place on February 14, 2020, after the hostel rector complained to the principal that some of the girls had been violating their religious norms, specifically for the menstruating females.

The petitioners had claimed that this practice of exclusion of women on the basis of their menstrual status is violative of human, legal and fundamental rights of women, more particularly, those as enshrined under Articles 14, 15, 17, 19 and 21 respectively of the Constitution.

Court’s observations

The Division Bench said that menstruation has been stigmatised in our society. “This stigma has built up due to the traditional beliefs in impurity of menstruating women and our unwillingness to discuss it normally. We don’t know what may have been the reason that forced the holy men to refer to menstruating women as “unclean”. But all religious (excluding Sikhism) refer to menstruating women as ritually unclean”, said the High Court.

The court said that this has become a “taboo” and even to this date the cultural and social influences appear to be a hurdle for the advancement of knowledge on the subject. Words like ‘dirty’ and ‘impure’ are still used to define menstruation.

The court further remarked, “Many girls and women are subject to restrictions in their daily lives simply because they are menstruating. Not entering the “puja” room is the major restriction among the urban girls whereas, not entering the kitchen is the main restriction among the rural girls during menstruation. Menstruating girls and women are also restricted from offering prayers and touching holy books. The underlying basis for this myth is also the cultural beliefs of impurity associated with menstruation.”

The court also referred to absurd findings of a study by Kumar and Srivastava in 2011, that said that even women think that “during menstruation, the body emits some specific smell or ray, which turns preserved food bad. And, therefore, they are not allowed to touch sour foods like pickles. However, as long as the general hygiene measures are taken into account, no scientific test has shown menstruation as the reason for spoilage of any food in making.” held the court.

On menstruation being treated as a taboo in the country, the Gujarat High Court made some very important observations. The key excerpts are as follows:

“Such taboos about menstruation present in many societies impact on girls’ and women’s emotional state, mentality and lifestyle and most importantly, health. Large numbers of girls in many less economically developed countries drop out of school when they begin menstruating. This includes over 23% of girls in India.

“In addition to this, the monthly menstruation period also creates obstacles for the female teachers. Thus, the gender–unfriendly school culture and infrastructure and the lack of adequate menstrual protection alternatives and/or clean, safe and private sanitation facilities for female teachers and girls undermine the right of privacy.

“There are health and hygiene issues also to consider relating to girls and menstruation. Over 77% of menstruating girls and women in India use an old cloth, which is often reused. Further, 88% of women in India sometimes resort to using ashes, newspapers, dried leaves and husk sand to aid absorption. Poor protection and inadequate washing facilities may increase susceptibility to infection, with the odour of menstrual blood putting girls at risk of being stigmatized.

The latter may have significant implications for their mental health. The challenge, of addressing the socio-cultural taboos and beliefs in menstruation, is further compounded by the fact the girls’ knowledge levels and understandings of puberty, menstruation, and reproductive health are very low.”

Directions

While noting the difficulty young menstruating girls and women face in India, the court proposed to issue certain guidelines to the Gujarat Government. Besides, prohibiting social exclusion of women, the court opined that the government “should spread awareness among its citizens regarding social exclusion of women on the basis of their menstrual status through various mediums like putting up posters at public places, including it in school curriculum, using audio visual mediums like radio, entertainment/news channels, short films etc.”

The court suggested the government focus on the literacy levels of women as “increasing the education status of women plays an important role in improving the health status of the community at large and overcoming the cultural taboos.”

The court added that, “sensitization of health workers, Accredited Social Health Activists and Anganwadi Workers regarding menstruation biology must also be done so that they can further disseminate this knowledge in the community and mobilize social support against busting menstruation related myths.”

The high court also directed the State government to undertake surprise checks, create appropriate mechanisms and to take necessary action and steps to ensure its compliance including imposition of appropriate penalty against the erring institution.

The court then, clarified that these were just “prima facie considerations” and it sought the response of the State Government as well as the Union of India. “We are conscious of the fact that we are dealing with a very delicate issue and, therefore, it is necessary for this Court to hear all the respondents and other stake holders”, said the Bench.

The matter will now be taken up on March 30, 2021.

The order may be read here: 

Related:

Lack of menstrual hygiene facilities depriving girls of right to education: J&K HC

Most Indian Girls Unprepared For Menstruation, Taboos Drive Unhygienic Practices

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The Gujarat High Court on December 18, took suo motu cognisance of a survey conducted by the Indian Institute of Management, Ahmedabad (IIM-A) and the UNICEF Gujarat, which revealed that among the households which had children enrolled in the Government schools, 85 percent of the parents reported that they were not able to access anything in lieu of the mid-day meals since March, when the schools were closed due to the Covid-19 pandemic.

The Bench of Justice J. B. Pardiwala and Justice Ilesh J. Vora said, “The Indian Express News Service, Ahmedabad, in its article dated December 18, 2020, has reported something very serious, which calls for the immediate attention of the State Government.”

The court also directed the registry to register a writ petition by giving a ‘pucca’ number and issue notice to the Principal Secretary, Education Department and the Commissioner, Mid-day Meal Schemes.

The study conducted by the KMIC-Knowledge Management and Innovations for Change, an IIMA and UNICEF initiative launched in 2015, to understand the accessibility to remote learning and challenges faced by the students and their parents, revealed that about 15 per cent of the parents received rice, wheat and/or pulses in lieu of the mid-day meals.

Further, around 30 percent of the children had not engaged in any formal learning activities since March 2020. This was highest for those attending the private schools (33 per cent), followed by the Government schools (26 per cent), and those attending the private schools through the RTE mandate (22 per cent). The average income of the sample was around Rs.1,190 per month and more than 95 per cent of the households had monthly income less than Rs.4,400.

The court also took note of the alarming rate of dropouts in the State. “The inability to pay the fees has led some parents to consider an alternate option of transfers to other schools or even dropping their children out of the school for the year. This is something very serious,” said the Bench.

Also, only 54 per cent of the families said that they have a functioning television with cable/DTH. Less than 2 per cent had access to a laptop and a Wi-Fi connection and email was used by less than 12 per cent of the families.

In this backdrop the court said, “The attention of the State Government should be immediately drawn to the aforesaid, and in such circumstances, we deem fit to take suo motu cognizance of the above in public interest.”

The matter will now be heard on January 5, 2021.

The order may be read here:

Related:

No Mid-day meals disbursed in Goa during lockdown: Education Ministry
Broken Slates and Blank Screens: PUCL’s report on Education amidst the lockdown
Covid-19: Schools terminate contractual services, reduce teaching staff during lockdown

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In a marked departure from its previous scathing order of May 22, where it had compared the Ahmedabad Civil Hospital to a dungeon, the Gujarat High Court appears to have softened its stand on the state administration’s efforts to control the pandemic.

In its order dated May 29, the court has said, “All those who cannot extend their helping hand in this difficult times (sic) and do anything good for the people at large have no right to criticize the functioning of the State Government. If the State Government would not have been doing anything, as alleged, then probably, by now, we all would have been dead.”

The court also expressed dismay at how its previous orders were “being misused for some oblique motive.” The court said, “In our opinion, the Public Interest Litigation is meant for the benefit of the lost and lonely and it is meant for the benefit of those whose social backwardness is the reason for no access to the Court. We also say that the PILs are not meant   to   advance   the   political   gain   and   also   to   seek   any   political mileage. The Public Interest Litigation should never be made a political battle.”

Elaborating further on the subject of politicisation of the pandemic the court said, “In times of crisis, we need to bind, not bicker. The COVID 19 crisis is a humanitarian crisis, not a political crisis. Hence, it is imperative that no one politicise this issue.”

The Gujarat government is facing serious flak for mismanagement of the crisis and multiple petitions have been filed against it. And while the HC had previously taken the state government to task, in its latest order shown greater compassion to the state government. It said, “Merely criticising the government in power is not going to magically cure people of COVID 19, nor is it going to to make the dead come back to life. (sic)” It added, “Simply highlighting the flaws and gaps in the State’s handling of the situation only creates fear in the minds of people.”

However, the court did not let the state government completely off the hook. On the subject of the facilities at the Ahmedabad Civil Hospital, the HC said, “We would still like to keep a close watch of the functioning of the Civil Hospital and if we are not satisfied with the same, then we may have to take some further steps in accordance with law.”

The court also directed the State Government to concentrate on the following issues to maintain the level of administration and functioning of the Civil Hospital in the interest of the patients and the specialists, doctors, paramedical and all others serving at the Civil Hospital.

[1] There should be no shortage of manpower in all categories: specialists, doctors, nurses, servants, technicians, physiotherapists etc;

[2] The patients admitted in the COVID Hospitals are demanding attention and care in terms of the medical care protocols required for proper treatment. There are different medical protocols for different categories of patients. There could be severely symptomatic patients, there could be moderately symptomatic patients and there could be mild symptomatic patients and for each of the categories of such patients, the protocols to be followed are different. It is alleged that the medical protocols required for different categories of patients are not being strictly followed.

[3] There is another circumstance which relates to the COVID patients. No Attendants are allowed to assist and take care of the patients. Normally admitted non­COVID patients are allowed one attendant who takes care of their hygiene, their food, their daily necessities. However, for COVID patients, such care is to be taken by the Nurses, attendants and other staff of the hospitals.

[4] Although not confirmed, but, there are reports both in the print and digital medias that the COVID patients have lost their lives on account of proper care and attention not being provided to   them. It has also come to our knowledge on account of dehydration and other negligence, COVID patients have lost their lives.

[5] There are also reports that necessary precaution are (sic) not being taken for the attending doctors and staff in terms of providing essential protective gadgets, consumables, PPE kits, etc. They cannot be put to risk under any circumstances.

The entire order may be read here: 

Related:

Ahmedabad Civil Hospital “as good as a dungeon”: Guj HC slams state gov’t

Is it enough to be ‘not as bad as Italy or France’?

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