“The state is absent in its foremost constitutional duty to protect civilians; it is absent from relief camps”

– Observation by team of Karwan-e-Mohabbat visiting Manipur

The pitiful state of relief camps in Manipur, the visible absence of the state government in responding to the plight of citizens caused by a constitutional breakdown of law and order adds to the overall sense of deprival and pathos among Manipur’s displaced persons, says a report by Karwan-e-Mohabbat, to be released on Saturday.

Karwan-e-Mohabbat, in its report, The Humanitarian Crisis in Manipur –  has pointed to the pitiful state of relief camps in Manipur, the absence of the state government in protecting its citizens, and beleaguered situation and broken spirit of the internally displaced people.  The report was prepared after a four-day visit by activists from Delhi to the state. The report begins by providing an insight into the on-ground reality of the state that has been under the grip of violence since May 3, 2023, and states “Nothing indeed had prepared us for what we bore witness to. We found a Manipur almost fully transformed into a war zone, bursting with sophisticated rifles, mortars, bombs, and massive daily mobilisation of ordinary civilians. Entire villages of both warring communities have been razed to ashes.” Karwan-e-Mohabbat is a citizen initiative which strives to reach out to victims of hate violence which was launched by rights activist and former IAS officer, Harsh Mander.

The focus of the said report is to understand the extent and nature of the conflict, and provide recommendations centred on the immense humanitarian crisis of Manipur based on the ground reality. The team of Karwan-e-Mohabbat had, over four days and three nights, from July 25 to July 28, visited the five relief camps being run in the Imphal which house the ones who were internally displaced. “Since there is little chance today that relief camps will be wound up and normalcy restored in the coming months, the focus of our report is on the humanitarian crisis of the internally displaced persons, and what we are convinced must be done immediately to alleviate and prevent further human suffering in Manipur,” the report states.

The team met with affected people in relief camps, and community leaders, women and youth activists. Through their visit, the team revealed that there exists a stark difference in the conditions of the relief camps housing people from the Kuki and the Meitei community, the lack of basic necessities available and the pause on education of children.

The issue of the evil “other” community:

The report highlights how tragically, both the Kuki and Meitei community carry their own separate narratives of fury, of congealed and settled hate. According to the report, the Meitei community blames the Kuki -Zo community of having “illegally immigrated from Myanmar” and taking over the land of the indigenous Meitei people to whom Manipur belonged rightfully. The report states “Kuki had benefitted from reservations for tribal people to capture jobs and seats in educational institutions, while the Meitei are prohibited even from buying land in the hills. They accuse them of endangering Meitei youth by illegal poppy cultivation. They allege that the Kuki people are illegally clearing reserved forests for their farms and settlements, and threatening the ecology of the region. They claim that Kuki militants roam freely, and their violence and gun and drug trafficking thrive under the protection of the Assam Rifles.”

On the other hand, those from the Kuki community have a diametrically different narrative. The Kuki community allege that their farmers only resort to cultivate poppies for bare survival, but that the drug trade and profits are mostly harvested by politicians and big business in the Imphal valley and beyond. The Kuki community further claims that they are the legal citizens of Manipur, and allege that Meitei people want Scheduled Tribe status to grab their lands and reduce them to a minority in their mountain abodes. “Meitei also want to corner the seats in the legislatures and educational institutions that are reserved for tribal people. They also allege that a militia of Meitei youth is actively supported by the Chief Minister of Manipur, and that with open state patronage, it is these militants who ravaged their lands and people with rape, murder and arson. They allege long years of work by the RSS to convert Meitei nationalism into Hindu nationalism implacably hostile to the Kuki people also for their Christian faith. And they believe that the Manipur state police and paramilitary forces protect the Meitei militants and those who raped and murdered.”

Conditions of the relief camps housing the Internally Displaced Peoples (IDPs):

When violence broke down in the state of Manipur, houses and villages were burnt which forced Kukis and Meiteis, both, to flee from their homes. Official data states that, today, more than 57000 IDPs are living in relief camps in both the hills and valley of Manipur. As per the report, , an uncounted number of people have also sent their children, infirm relatives and women out of the state to relatives in other North Eastern states like Mizoram, Nagaland, Meghalaya and Assam, or to cities in mainland India especially Delhi.

A brief overview of significant observations made by the Karwan team is as follows:

1. Complete absence of state and union government from relief camps:

It was observed by the Karwan team that the state and the central governments were almost completely absent from the relief camps. Except for the one camp, located in the Imphal valley, that is being run entirely by the state government, the state and union governments were not involved at all in any relief and rehabilitation efforts.

2. Visible disparity between the condition of the Meitei camps and the Kuki camps:

The report provided that even though both the Kuki and Meitei relief camps lacked adequate conditions of safety for the displaced and affected civilians, the team observed that the Meitei camps were being run with some government support – either sponsored by the local MLA or established in government buildings like colleges and sports complexes. On the other hand, Kuki camps were mainly being managed by the local church and supported by the community’s contributions.

3. Promises of ex-gratia relief not delivered

As provided in the report, on June 27, 2023, Chief Minister N. Biren Singh had visited the relief camps in Imphal East and Imphal West districts, and announced that the state government will be providing a one-time financial assistance of Rs 1000 to those living in the relief camps. Even as the mere amount of Rs. 1000 sounds cruel, insufficient and absurd, the Karwan team was informed by the camp residents that many affected people in both the Meitei and the Kuki camps had either not received this amount or they had only received a portion of the promised amount. 

4. No cash compensation for survivors of violence

The report provides that though union Home Minister Amit Shah had announced that cash compensation of 10 lakh rupees will be provided to the families of those killed during the violence, no realisation of the scheme for the survivors of violence was actually announced or implemented.

5. Lack of infrastructure, protocols, management, hygiene, sanitation, and disposal

As provided by the report, both sets of relief camps (running separately for Meitei and Kukis) were overcrowded, but more so the camps for Kukis in church compounds. It was also provided that the Karwan team could not find district officers managing the camps anywhere, and the camps were being run by volunteers from the surrounding communities or part of civil society. The issue of unhygienic conditions was also highlighted in the report. The team noted a lack of drinking water, hygienic toilets, piped water for chores, space for cooking or drying clothes and disposal of solid waste in camps.

6. Lack of food and nutrition

The Karwan team observed that there was in the Kuki-Zo IDP camps in the hills, food supplies are mainly being organised by local donations which were unstable and unpredictable. The public health experts in the Karwan team also observed that due to the lack of food support from the government, in many camps residents were eating only two meals a day without any diet diversity. Signs of both adult and child malnutrition with micronutrient deficiencies were also noted the experts in the team.

7. Inadequate health services

The Karwan team noted that there was an acute shortage of doctors in the relief camps, as the divide between the estranged communities has also divided doctors and health personnel. Systematic primary healthcare at or near the camp was not visible as per the report. Even for emergency medical care, people across the camps, including pregnant women and elderly people, were forced to take an expensive ten-hour long road trip to Aizwal, Mizoram to access tertiary care.

8. Education and livelihood on standby

The team of Karwan provided that no schooling and educational services could be found, especially in the camps in the hills. The report further provided that only a few school-going age group children in the Meitei camps have been enrolled in the nearest school but most children in the Kuki camps have only informal school education provided by camp volunteers in a few camps. The report also stated: “Youth in the camps are drawn into becoming front line village defenders and recruited for protection along the informal border areas and bunkers with almost no adolescent and young men left in the Kuki camps.” 

Based on the afore-mentioned observations made by the team, the report provided a few suggestions for humanitarian interventions to aptly address the suffering of the Manipuri people. Through the suggestions, the team provides the steps that the governments of India and Manipur as well as the humanitarian agencies need to undertake to embark on this long mission of healing and ensuring justice in wounded Manipur.

Some suggestions and recommendations:

1. The union and state government must announce a comprehensive relief and rehabilitation program for all affected people, including but not restricted to compensation for death, sexual violence, injury, disability, and loss of moveable and immoveable property; but also, for the running of humane and dignified relief camps, and helping people affected by the violence to rebuild their homes and habitations in accordance with their wishes.
2. All costs of food, water, sanitation, health care, education and other services in relief camps must be borne by the state government, with necessary assistance from the union government, and not by community organisations.
3. All camps must be housed in government buildings like stadiums and college buildings. These must be spacious and well-ventilated, with good drainage. Additional toilets with safe sewage disposal must be built for every camp on priority; and scientific arrangements made for waste disposal.
4. The state government must ensure that blockades on the movement of food, medical and other essential supplies are firmly removed, and safe passage of all such transport is ensured. It should urgently establish of a safe road corridor in and out of the valley towards the north and south for humanitarian aid and ambulances with outlawing of searches and confiscation by any citizen group of the aid passing over from hill to valley or vice versa.
5. Free and regular supply of sanitary napkins, and sufficient quantities of clean clothes and undergarments, and bathing and washing soap must be ensured for all residents.
6. Every child over six years in camps must be given temporary admission at the nearest school to the camp. If the school is distant, then safe transport to the children must be ensured by the district administration. There should be regular surveys to assess school dropouts combined with initiatives to re-register such students back in the nearest government schools.
7. Humanitarian agencies would have a special role in helping official efforts for essential supplies, education, health care, child care, and sanitation and youth activities. Their most significant contribution could be for identifying and training community mental health workers to assist people to deal with their grief, loss and trauma. They can also link neighbouring communities in the camp vicinity to contribute to the wellbeing of camp communities. Finally, they can assist with recreational and sports activities for children, youth and women.

The complete report can be read here:

Related:

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SC-Appointed Panel Calls for Reconstruction of Lost Documents, Compensation Scheme: Manipur

Manipur Violence: Biggest Barrier to Justice is CM Biren Singh, Says AIDWA Team After Visit

“Who gains? Who loses?”- An interim report on Manipur violence, resilience, relief and rehabilitation

Probe charges of collusion against Manipur Police, SC tells special monitor team

Manipur urgently needs the healing touch, prompt political intervention: former bureaucrats

Manipur: Mass burial of Kuki victims deferred after MHA request, Zomarthanga intervention 

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“The single line averred by respondent no. 1 (Mander) against the petitioner (Kumar) in his complaint filed before the magistrate on the face of it does not constitute any offence, or make out any case against the petitioner,” the court said in its order, as reported by the LiveLaw.

The Bench opined that even if the allegation made out in the complaint turn to be true, no offence has been disclosed that the petitioner has committed. The bench added the following in the order: “Even if the allegations made in the complaint are determined to be true, even then, no offence was disclosed to have been committed by the petitioner (Kumar),” as reported by the LiveLaw.

The court further stated that the case’s records show that there is absolutely no incriminating proof against Kumar, rather deemed the said to be a case with insufficient evidence. 

“They will primarily relate to a hate speech which was allegedly delivered by someone else on which the present Petitioner (Kumar) did not have any control,” the judge added. 

In addition to this, Justice Sharma stated that although the magistrates’ powers may be unlimited, they are not unrestricted, and that they must decide cases while keeping in mind that they are the first in line for the adjudicatory process of a criminal case. Magistrates, Justice Sharma continued, play a crucial role in the criminal justice system. 

“Though there is no place for hatred or criminal disharmony in a civilized society, in a country like India … all communities have respected each other and have lived a harmonious life. While passing such cases the magistrates even if they disagree with the detailed action report filed on record, the court while focusing on non-discrimination, it has to take into consideration that communal peace cannot be taken lightly and tolerance of cultural and religious values between different communities has to be kept in mind,” the court said, as per LiveLaw.

The bench further noted that in the present case, the police had found that there was no material against Kumar of having either delivered a speech or to have ignited any communal disharmony. 

“This court therefore, cautions that while passing such orders, the judges have to be careful that in case there is no disharmony due to any speech, which was allegedly delivered, and not a past as the present one, could have rather ignited the communal disharmony. With these observations and some other observations, your petition has been allowed,” the court said, while addressing the petition.

Background of the case:

The incident of the the Lal Kuan region of Old Delhi had happened in the month of July of the year 2019, when communal tensions had gripped the area, having escalated from a minor squabble erupted over the parking of a two-wheeler. Following the incident, the conflict had begun as groups from both Hindu and Muslim communities gathered at different places and shouted slogans and tried to incite mobs. Reports started surfacing that a small Durga temple in the area had been stoned. Some Hindu activists had accused the Muslims of vandalising the temple.

The next morning, incensed Hindu youth came out on the streets, shouting angry slogans and hurling abuses at Muslims. As per a report of the Scroll, Harsh Mander had narrated the following: “On the morning of July 9, police personnel and armed Central Reserve Police Force men were also deployed in large numbers. At the temple, a small crowd had gathered, among them local Muslim and Hindu leaders, with many onlookers from the houses, curious and apprehensive. There were also songs about how Kashmir is Hindu and bhagwa (saffron), and that India is a nation of the Hindus. At around 1 pm, after their march, the crowd gathered near the main temple. Even as local Muslims were serving food at the bhandara, troubling speeches were  being broadcast from the temple loudspeakers. In the first speech, a man in saffron robes said that Hindus had been quiet for too long. He asked Hindus to wake up, adding that Hindus in Gujarat were already awake and could avenge the plight of their dead relatives.”

The VHP organisation had put together a rally on July 9 in the Lal Kuan area of Old Delhi, purported to be in in response to the vandalisation of a temple on July 1, 2019. As alleged by Mander in his complaint, Swami Ji from Kasi, the other accused in the case, allegedly made a hostile speech which contributed to violence in the neighbouring area. Mander had also accused VHP’s Alok Kumar of creating communal tension.

On February 23, 2020, the Tis Hazari Court of Delhi had ordered for the registration of an FIR against Alok Kumar, the International Working President of the VHP and one Swamiji from Kashi for inciting violence against members of the Muslim community. 

Alok Kumar had approached the High Court in the year 2020, seeking for the quashing of the above-mentioned trial court order. Notably, Justice Yogesh Khanna on March 20, 2020, had stayed the trial court order.

 Related:

FIR against members NSIW fact-finding team, academics & activists

Surat: Kajal Hindustani again indulges in hate speech, despite 3 FIRs

30 FIRs Registered against Hate Speech and Hate Crimes: DGP, Maharashtra

Jaipur: FIR against Sadhvi Prachi for delivering anti-Muslim hate speech

Comments can be distasteful but does not warrant FIR, police officer fined Rs 25,000: Bom HC

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MUMBAI: A student collective on the Tata Institute of Social Sciences (TISS) campus, Progressive Students’ Forum (PSF), moved the Bhagat Singh Memorial Lecture online, after it did not get permission to invite outsiders for delivering the lecture. The topic for the event was ‘India’s Faltering Democracy – Times of Rising Hate and Threats to Secularism’. Harsh Mander, one of the speakers invited thereafter delivered the lecture online.

President of the JNU Students’ Union Aishe Ghosh was also invited for the fifth BMSL event to commemorate the 92nd anniversary of the revolutionary. The online event was held at the decided time (7pm) on Thursday. Officially, the institute officials told The Times of India, that the collective did not follow procedures laid down for students’ activities. The same collective had defied the institute’s advisories and watched the BBC documentary on Prime Minister Narendra Modi in January on the campus.

Before starting his lecture, Mander mentioned that he had been coming to the institute many times under different directors, but today “I find my entries are barred into your (TISS) and therefore, we found ways through technology to speak.” This obstruction has come just a few days after the Ministry of Home Affairs recommended a probe against Aman Biradari, an NGO established by Mander. Ghosh also condemned the refusal of permission to hold the event.

The students speaking to The Times of India contended that they have been holding the BMSL for the last five years and never had a problem. They have alleged that the administration had imposed censorship and denied permission for external expert resource persons after the air tickets of speakers were booked. The students also rejected all ‘problematic and insensitive proposals from the current administration’.

“Events are to be organised in collaboration with the official students’ union or anchored by a faculty member or school. Several other events have been organised by students’ groups following all the guidelines and have been a success. Rules cannot be changed for one group,” said an institute official.

Related:

Civil society stands in solidarity with Harsh Mander, CES

Enforcement Directorate raids activist Harsh Mander’s home, orphanage, offices

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The Constitution of India is a dream, a vision, a set of promises. Written by Harsh Mander and illustrated by Priya Kuriyan, Our Constitution, Our People, takes its readers through the pages of Indian history to understand what this important document means for our present and our future, and what it means to be a citizen of this country.

The following are excerpts from the book.

2. The Constitution: A Dream, a Vision, a Set of Promises

Having thrown off the bonds of 200 years of slavery, the Indian people could now decide what kind of country free India would be. At the time of India’s freedom, the world was still rebuilding and healing from the devastation and wounds left by the Second World War. The holocaust had left around six million Jews, two-thirds of the entire Jewish population of Europe, dead — murdered by Nazi Germany, led by Adolf Hitler, from 1941 to 1945. The people of the world had learnt from this horrific and tragic genocide the dangers of what happens in a country when minorities — religious, racial, ethnic — are not protected.

They had learned the consequences of the politics of hate and division. These were also lessons for the Indian people.

Centuries of colonial bondage had reduced India from one of the richest to one of the poorest countries in the world, where famine and want stalked the countryside. For millennia, the cruel system of caste had made life a living hell for those unfortunate enough to be born into oppressed castes. Women were denied the right to property, education, work and dignity, and even sometimes to life itself.

Would we change all of this, and how?

Who would this country belong to?

Who would govern this country? How would the rulers be chosen? What powers would these rulers have? And what powers and rights would the people have? And would the country’s minorities — of religion, caste, tribe and gender — be protected?

The answers to questions like this were written into a book called the Constitution of India.

3. What is the Constitution of a Country?

It is a dream, a vision, a set of promises, a compendium of guarantees, a storehouse of aspirations. It is the collective imagination of the destination that the country pledges to reach.

It is a solemn articulation of the values that the country will hold close to its soul in its journey in the decades and centuries ahead.

Most constitutions, except of the United Kingdom, Israel, the Kingdom of Saudi Arabia and a few others, are written documents.

The Constitution of India was written by a body called the Constituent Assembly. They sat in the grand historic, circular building that became the home of the Parliament of the Indian republic. The Constituent Assembly had over 300 members; these 300 women and men were, in a sense, the founding mothers and fathers of the constitution. They were drawn from the people elected to the provincial assemblies of the time.

And about a third were nominated, to ensure that its members were drawn from people of every religion, caste, gender, culture, community and profession. The Constituent Assembly did not have members only from the Indian National Congress, but members were invited even from parties that were strongly opposed to the them.

Read the full story here.

These are excerpts from Our Constitution, Our People (2022), written by Harsh Mander, illustrated by Priya Kuriyan and published by Pratham Books. Republished here with permission from the publisher.

All illustrations by Priya Kuriyan.

Harsh Mander is a human rights and peace worker, writer, columnist, researcher and teacher.
Priya Kuriyan is a children’s book writer, illustrator, comics-maker and animator.

Courtesy: Indian Cultural Forum

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Leading activists, writers, lawyers, economists, teachers, filmmakers and intellectuals have strongly condemned the Enforcement Directorate (ED) raids on well known human rights activist and former IAS officer Harsh Mander’s home and offices on September 16. Their statement, which continues to gather scores of endorsements, has condemned the rains and stated it was done “to harass and intimidate a leading human rights and peace activist who has done nothing but work for peace and harmony, consistently upholding the highest moral standards of honesty and probity.” 

The raids are reportedly on-going, but the public statement confirmed that the “Income Tax (IT) department has simultaneously raided one of the children’s shelter homes run by an allied institution – Ummeed Aman Ghar in Mehrauli.” The raids were conducted just hours after Mander left for Berlin, Germany at the invitation of the Robert Bosch Academy to join them for the prestigious Richard Von Weizsacker Fellowship. The Robert Bosch Academy, founded in 2014 as an institution of the Robert Bosch Stiftung, offers international decision-makers, opinion leaders, and experts the opportunity for solution-oriented cooperation on issues of global relevance, added the statement.  

Civil society recalled in their statement that “over the past year, Harsh Mander and the CES have been subjected to continued harassment by multiple state agencies. The false and malicious allegations by the National Commission for the Protection of Child Rights (NCPCR) were definitively countered by the Delhi Commission for the Protection of Child Rights (DCPCR), a statutory body, which has filed a strong affidavit in the Delhi High Court, putting an end to the false allegations against CES.” They added that the “CES has also been subjected to harassment by the Economic Offences Wing (EOW), and the IT department. All these vindictive efforts combined, have showed neither diversion of money nor any violation of the law. The current raids by the ED and IT department are to be viewed in this context, as part of a continuing chain of abuse of state institutions to threaten, intimidate and try to silence every critic of the present government.”  

The signatories have reiterated that they “stand with Harsh Mander and with each person associated with the Centre for Equity Studies. The Constitution of India and the law of the land shall prevail, exposing these intimidatory tactics exactly for what they are – an abuse of state institutions to try and curtail all our rights.” 

The statement that has so far been signed by Aruna Roy, MKSS, Dr. Syeda Hameed, former member, Planning Commission of India,  Prof Jean Dreze, Economist, Prof. Apoorvanand, Teacher,  Indira Jaising, Senior Advocate, Dr. V Suresh, PUCL, General Secretary, Henri Tiphagne, People’s Watch, Kavita Krishnan, AIPWA General Secretary, Mihir Desai, Senior Advocate and PUCL, Teesta Setalvad, CJP, Shabnam Hashmi, Anhad, Annie Raja, General Secretary, NFIW, Farah Naqvi, Writer,  Nikhil Dey, MKSS, Gauhar Raza, Film Maker, Kavita Srivastava, PUCL, National Secretary,Lara Jesani, PUCL, Maharashtra,Mohammed Nadeem, UAH,  Brinelle D’Souza, Teacher, Father Cedric Prakash, Human Rights Worker, Anand Grover, Senior Advocate and many others.

Centre for Equity Studies issues statement

The Centre for Equity Studies (CES), called the ongoing Enforcement Directorate (ED) raids at its office as well as of the Children’s Home named Umeed Ghar, and at Harsh Mander’s residence a “continuation of harassment and coercion of CES and Harsh Mander for being an outspoken and passionate defender of human rights.”

The CES board released a press statement saying that “over the last several months, the organization has been subjected to raids, investigations, and inquiries by different government agencies including Delhi police, and NCPCR.” The CES stated that it has cooperated with every government agency and provided “all organisational details requested by the agencies including balance sheets and other financial and programmatic documents” adding that the “organisational documents and records have been submitted more than once to the government agencies.”  The CES stated that it is “committed to cooperating with the ongoing raid and will provide any information needed by the ED” but noted that it was “deeply distressing for the entire team of CES and this continued harassment has created hurdles in the path of our organisational vision of working for the poorest of the poor and most marginalized sections of society.”

Related:

2020 List of Honour: 10 Anti-CAA-NPR-NRC protesters vilified in Delhi

What is behind the synchronised Income Tax “survey” at NewsClick, Newslaundry? 

Tax raids unleashed on Dainik Bhaskar, Bharat Samachar media groups

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Human Rights Activist and former IAS officer, Harsh Mander’s home and offices were raided by the Enforcement Directorate (ED) on Wednesday, September 16. The raids reportedly took place, just hours after Mander left for Germany along with his wife, for a fellowship at the Robert Bosch Academy in Berlin. He is the director of the Centre for Equity Studies (CES) whose offices in Adhchini are being raided along with the Manders’ Vasant Kunj residence and a Mehrauli based Children’s Home that he is associated with. 

According to a report in The Tribune, the ED has “registered a case under the Prevention of Money Laundering Act (PMLA) based on an FIR registered by the Delhi Police against Mander and an NGO, Equity Studies”. It was reported that when the raids began early in the morning, no one was at Mander’s house. 

Last year, Harsh Mander, had also been put under the scanner by the Delhi Police, as they suspected he was a part of the ‘conspiracy’, they believe was birthed during the anti-CAA protests, and this incited North East Delhi’s communal violence. Mander has often said this was the Police’s attempt to “criminalise, punish and crush ” one of the largest non-violent movements in Independent India, that the anti-CAA protests became. Clips of Mander’s speech outside the Jamia Millia Islamia University (JMIU) were used to accuse him of ‘denigrating the Supreme Court of India and inciting violence’. A case was filed against him with the Solicitor General of India, Tushar Mehta, presenting clipped versions of his speech to the SC.

In solidarity with ⁦@harsh_mander⁩ and everyone else being targeted by the state for expressing dissent.
For working with the people and staying true to the Constitution of India ??

⁦@karwanemohabbat⁩ – Karwan e Mohabbat https://t.co/MEaz2yLTUV

— Karwan e Mohabbat (Caravan of Love) (@karwanemohabbat) September 16, 2021

Once again, an insecure state goes after those whose words it can’t stomach- the words of people like @harsh_mander who speak for the most disenfranchised of us all, who speak for equality and justice and the secular values of our constitution. #rights https://t.co/Y35KL3ksNw

— Maya Mirchandani ?? (@maya206) September 16, 2021

Robert Bosch Academy website describes Mander as “a human rights and peace activist, writer, and lecturer.” He is well known as a human rights defender, and has worked extensively on campaigns for the displaced, labourers, and traveled across the country as a peace activist initiating dialogues on “secularism, peace, reconciliation and legal justice.” He an author, who received multiple accolades for his human rights work, describes himself simply as a :Human rights and peace worker, writer, columnist, researcher and teacher, works with survivors of mass violence, hunger, homeless persons and street children” 

This is a developing story and will be updated when more details are available. 

Related:

2020 List of Honour: 10 Anti-CAA-NPR-NRC protesters vilified in Delhi

What is behind the synchronised Income Tax “survey” at NewsClick, Newslaundry? 

Tax raids unleashed on Dainik Bhaskar, Bharat Samachar media groups

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When the nation is coming together to protest the unabated rapes and murders of Dalit children, teenagers, and the government’s apathy, and often targeting the victims, activists, and media, particularly in Uttar Pradesh, the continued nationwide witchhunt against anti-CAA-NRC-NPR activists seems to have diversified towards focussing on minors it appears.

Social activist Harsh Mander on Thursday shared that the National Commission for Protection of Child Rights (NCPCR) had conducted a “surprise raid” on two children’s welfare homes with which he had once been associated. Strangely, the raiding party, according to Mander, who has been quoted in the media, asked the welfare home workers if the ‘children had participated in the anti-CAA protests’. The women-led protests which began in December were largely women of all ages, who were then joined by men, and a few of the protesting mothers, sometimes brought their children along. However the NCPCR, according to reports has decided that the children who they ‘assume’ may be living in welfare homes that give shelter to mostly abandoned kids.

Harsh Mander, shared that the NCPCR conducted a surprise ‘raid’ on two children’s homes in Delhi with which he had been associated in the past, the homes named Ummeed Aman Ghar and Khushi Rainbow Home, were raided on October 1. According to Mander, who issued a detailed statement, the raid “was led by chairperson of the NCPCR himself.”

However, the Indian Express reported that the NCPCR chairperson Priyank Kanoongo said “he wasn’t aware the homes were associated with Mander”. Kanoongo states that it was “only after reading his statement that I have got to know about it. There are more than 7,000 such homes, and we had gone to them as part of our routine audits,” he said. The IE asked if the NCPCR officials had asked about children’s participation in anti-CAA protests, as alleged by Mander, Kanoongo said, “I can only tell you once I have the report in front of me.” Kanoongo dismissed Mander’s allegations saying, “He can say whatever he wants”

But Mander has put on record and stated that the raid had “four central focuses” and the most important was if “the children participated in anti-CAA protests”. The second was about his association with the homes and the last one was if there was any “foreign funding”. Mader has said that “Ummeed is entirely funded from Indian donors. Khushi also is largely supported by Indian donors, but has some foreign donors as well.” He added that the “fourth question was if we had given shelter to any Rohingya children. My colleagues said… we don’t focus on the identity of any child; the only thing important for us is that she or he is homeless and in need of care and protection.” 

This is the complete text of Harsh Mander’ statement issued on October 1, 2020.

 

I learnt today that the National Commission for the Protection of Child Rights (NCPCR) descended on a surprise ‘raid’ on two children’s homes in Delhi with which I have been associated in the past, Ummeed Aman Ghar and Khushi Rainbow Home, this morning on 1 October. This was led by the Chairperson of the NCPCR himself. 

A brief context may be useful. After I left the IAS, I felt that one of the things I must try to do was to find humane highly scalable public systems of protection for homeless street children. Their neglect by public policy for more than half a century I regarded as an unconscionable public crime. My colleagues and I developed the idea for homeless children to share existing school spaces, where they would study with other children in the day and sleep in safety at night. These were open, voluntary, non-custodial stay homes for children without homes and families, with high standards of comprehensive care, and high focus on child participation. This was accepted as a model by Sarva Shiksha Abhiyan policy framework in 2011, it is continued even in Samagra Shiksha Abhiyan in 2018. This idea has been replicated over the last 13 years by dedicated people and organisations in various cities in our country, reached out to over 10000 children, presently taking care of 5000 former street children. 

I am no longer formally associated with these homes. But I have close bonds of great love with the children especially in Delhi, who call me Harsh Papa. I visit them when I can, to assure myself about their welfare, speak to them about the world and leading a good life, and sing songs together.

The NCPCR team in its “raids” on the two homes had four central focuses. The most important was whether the children participated in the anti-CAA protests. The second focus was about my association with the homes. The children spoke about the occasional visits  to meet them. The third focus was on foreign funding. As it happens, Ummeed is entirely funded from Indian donors. Khushi also is largely supported by Indian donors, but has some foreign donors as well. The fourth question was whether we had given shelter to any Rohingya children. My colleagues said that for us, we don’t focus on the identity of any child; the only thing important for us is that she or he is homeless and in need of care and protection. 

It is no secret that the Union government, using various official agencies which fall under its control, has launched a massive campaign against those who participated in the peaceful non-violent protests against the CAA/NRC/NPR from December 2019 to March 2020. It has been made amply clear by the actions of the state machinery that I am one of those targeted.

In its affidavits to the High Court and Supreme Court, and in a number of its charge-sheets, the Delhi Police has charged me with the fantastical allegation that I was part of a group that fomented hate under the ‘facade of peace’, referring to my address to anguished students in Jamia Millia Islamia University on December 16, and that I committed contempt of the Supreme Court by criticising its failures to defend minority rights and freedoms. The full recording of this address, and indeed all my speeches and public writings make apparent that instead I spoke about the centrality of love and the Constitution, the importance of non-violence, and that the soul of the freedom struggle and the constitution was the idea of a humane and inclusive nation of equal citizenship for people of all faiths,  castes and genders. 

This morning of 1 October  it was evident that the government was using one more of its agencies, the National Commission for the Protection of Child Rights (NCPCR) to advance its campaign against the peaceful protesters and dissenters, to defame me. I have no idea about the spin that the NCPCR may give to their investigation. The NCPCR is India’s apex body for child rights, and is well within its rights to enquire about the welfare of children in any context. But the timing, mode and questions raised by them are unconventional and raise doubts about the motivation of the agency, whether it will be just one more willing tool for the witch-hunt that is ongoing against independent dissenters in India today.    

It is apparent that the objective behind this hydra-headed witch-hunt of wild police charges and defamatory innuendos to damage reputations and shut down organizations – using a range of official agencies -is to intimidate and discredit dissenters who are committed to the defence of the constitution into silence. My former colleagues are deeply committed to standing by the most vulnerable homeless child whatever it may take.  I am convinced that our republic is passing through one of its darkest times, dominated by the politics of hate and the crushing of freedoms. Therefore it is my foremost duty, as also the duty of all those who love this country and its people, to not be silenced, to continue to resist, to continue to speak out and organize for love, fraternity and justice.

Harsh Mander

1 October 2020

SabrangIndia has reported extensively on the continued harassment and vilification of all activists opposing the controversial Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) by the various government agencies and departments. By the time the protests rolled into the New Year, politicians from the ruling party and the media aligned to right wing ideologies had vilified minorities and degraded their fight, calling them to be traitors. In February 2020, orchestrated violence against the minorities, took place in the capital, with the police allegedly complicit in the attacks, according to fact finding reports. This violence, which was clearly provoked after RW leaders incited public sentiment through hate speech, was soon connected by the authorities to speeches made by civil rights activists. One of those targeted then was Harsh Mander, leader of Karwan-e-Mohabbat. Mander was accused of denigrating the Supreme Court of India and inciting violence. A case was filed against him with the Solicitor General of India, Tushar Mehta, presenting clipped versions of his speech to the Supreme Court. 

Many, including former civil servants spoke up in his defence. However, in early March this year, the Supreme Court refused to proceed with hearing his petition to file FIRs in hate speech cases, until he clarified if he had made statements against the court. NDTV reported Chief Justice SA Bobde as saying, “You made statements against the Supreme Court. We will not hear you now… If this is what Harsh Mander feels about the Supreme Court, then we will have to decide on that first.”

Mander has been a thorn in the regime’s side for many years, as SabrangIndia has reported earlier. He spearheaded a petition against the inhuman conditions in Assam’s infamous detention camps, he also filed a petition in the Delhi High Court to seek directions to the police to file FIRs against BJP leaders Kapil Mishra, Anurag Thakur and Parvesh Verma. He is also one of the petitioners against the CAA along with Aruna Roy, Nikhil De, Irfan Habib and many others. This latest move against Mander is not new, and unfortunately, as the pattern of targeting activists has shown, it may not be the last.

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The continued harassment and vilification of students and activists opposing controversial the Citizenship Amendment Act (CAA) and the National Register of Citizens (NRC) by the Delhi police is evidently out in the open. At the end of 2019, nationwide protests against the CAA and NRC took place, with most outrage coming from the capital, New Delhi, where ShaheenBagh became an inspiration for others to lead a civil disobedience movement against the contentious Act and the NRC that was to follow. When the protests rolled into the New Year, several leaders from the ruling party and the media had already vilified the minorities and degraded their fight, calling them to be traitors.

In February 2020, what can only be called orchestrated violence against the minorities, took place in the capital, with the police allegedly complicit in the attacks. However, these attacks which were clearly provoked after leaders owing allegiance to the ruling dispensation incited public sentiment through hate speech, were instead connected to a speech made by a civil activist and leader of Karwan e Mohabbat, Harsh Mander outside the JamiaMilliaIslamia University (JMIU), accusing him of denigrating the Supreme Court of India and inciting violence. In light of this, a case was filed against him with the Solicitor General of India, Tushar Mehta, presenting clipped versions of his speech to the Supreme Court.

In light of this, on March 22, 2020, 95 retired civil servants belonging to the Constitutional Conduct Group had penned an open letter, “In Defence of Harsh Mander” regarding the mischaracterization of his speech.

In their letter, the former civil servants stated that they didn’t subscribe to any particular political ideology, but rather focused upon issues that had a bearing on the Constitution of India. Writing about Mander’s speech, they said, “We feel that had the full video been presented, it would have clearly brought out the falsehood of the allegations that he had incited violence in any manner or been contemptuous of the SC. It is apparent that the video-recording submitted by the SG and the police was an edited version comprising selectively chosen excerpts from the recording, which had been clipped in places so as to convey the impression that Harsh Mander had both instigated violence and committed contempt of the SC. We strongly feel that the speech has to be read in context, in sequence and in full to appreciate its message. When the speech is so read, it becomes apparent that Harsh Mander meant that the fight would ultimately be decided in people’s hearts and not in any other forum.”

Citing the parts of the speech left out by the Delhi Police, the members of the Constitutional Conduct Group added, “By what stretch of the imagination can such words be construed as being inciteful of violence when they refer to Mahatma Gandhi, father of the nation, who left us a priceless legacy of non-violence, truth-telling and compassion? By what inversion of meaning, by what distortion of facts and by what supreme disregard for the plain truth do the Solicitor General of India and the Deputy Commissioner of Police seek to mislead the Supreme Court of India? In our considered and collective opinion, there is a good case for filing a suit for defamation against both worthy gentlemen but that is a decision for the person defamed to take.”

The Constitutional Conduct Group states that while there is continued mischaracterization of the speech delivered by Harsh Mander who is a believer of the law, political leaders who publicly used hate speech to incite violence roam free with impunity.

Delhi police presents clipped versions of Mander’s speech

In the chargesheet filed by the Delhi Police about the ‘Chronology of Events Leading to Riots in North-East Delhi’ and relating to the death of Ankit Sharma, an officer with the Intelligence Bureau, it was stated, “The below mentioned leaders/activist have visited the Protest Site of Jamia University and delivered hate speeches to provoke the general public to show their strength. Mr.Sharjeel Imam (JNU Student), who visited the site and provoked the protestor on 14/12/19 to block all the metro cities in north India until CAA/NRC is rolled back by the Government and after that riots incidents broke out in area of NFC and Jamia Nagar, Mr. Harsh Mander, who visited the site on 16/12/19 and instigated the protestors to not have faith in the Supreme Court and to fight their battle on road to get justice. He, however, used a façade of peach in a part of his speech and Sh. ChanderShekhar Azad (Leader of Bheem Army), who visited the site on 22/12/19, who instigated the protestors to remain on road, until CAA/NRC/NPR is rolled back by the Government, are some of the speakers giving hate speeches.”

The parts of the video presented by the Delhi Police selectively portrays the speech of Mander.This clip, used in the chargesheet, is also abruptly stopped midway and neither Mander’s words before or after this were shown to the Supreme Court.

Just before the part of the speech which was made viral by the police for allegedly inciting violence, Mander had specifically said, “Anyone who asks you these questions and claims to take away your rights is being challenged by a flood across this country to [protect the Constitution of the country and to protect the soul of the Constitution, which is love and fraternity. To protect it, we have come out on the streets and will remain here. This fight cannot be won in the parliament because our political parties, who declare themselves secular, do not have the moral strength to take up the fight…” and after he had spoken about being out on the streets, he had made an even more important statement where he said, “We are all out on the streets. However, there is one more space, bigger than the streets, where this decision can be taken. What is this space where the solution to this fight can be found? It’s in our hearts – in my heart and your heart. If they want to reply to us with hatred and we respond likewise with hatred, hatred will deepen. If there is someone spreading darkness in the country and we say that we will spread more darkness to fight, then of course that darkness will deepen. If there’s darkness, it can be countered only by lighting a lamp, and there is a large storm, in that we will light our lamps. That’s how darkness can be defeated. This is why we have only one answer to their hatred, and that answer is love. They will cause violence, they will incite us to violence, but we will never commit violence. Please do understand that it is their ploy to incite you to violence. If we respond with violence, we will create 2% violence and they will respond with 100% violence. We have learnt from Gandhi what violence and injustice can do. The answer to injustice, is to fight with non-violence (ahimsa)…”

Mander’s entire speech may be seen below.

The speech shows that Mander was not instigating violence, but instead advocating for non-violence even in the face of instigation. A petition filed by Harsh Mander on February 26, seeking registration of FIRs against BJP leaders Kapil Mishra, ParveshVerma and Anurag Thakur for giving hate speeches and inciting violence in Northeast Delhi was also deferred saying that the petition would only be heard after the court had finished dealing with the contents of the speech made by Mander.

Senior advocate Colin Gonsalves, who was seeking to submit the entire transcript of the speech before the court, was also shunted out and the intervention application was not admitted by CJI Bobde who said, “We will not allow you to intervene.”

The complete letter of the Constitutional Conduct Group may be read below.

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The post Ex-civil servants decry vilification of Harsh Mander for speech during anti-CAA protests appeared first on SabrangIndia.

Activist Harsh Mander came in for a rude shock when the Supreme Court refused to proceed with hearing his petition to file FIRs in hate speech cases, until he clarified if he had made statements against the court.

NDTV reported Chief Justice SA Bobde as saying, “You made statements against the Supreme Court. We will not hear you now… If this is what Harsh Mander feels about the Supreme Court, then we will have to decide on that first.”

Mander had allegedly made the remarks during a protest against the Citizenship Amendment Act (CAA) in January. A video of the speech had gone viral. But his counsel Karuna Nundy denied the allegations. The court has now sought transcripts of the speech.

Appearing for the government Solicitor General Tushar Mehta dubbed the speech “derogatory and instigating”. He also reminded the court about how former Chief Justice Ranjan Gogoi had dropped Mander’s name in the petition against detention camps in Assam. Mehta also tried to railroad another petition filed by 10 people affected by the Delhi violence. He claimed that senior counsel Colin Gonsalves who had appeared for Mander in Delhi HC, is now appearing for the 10 riot-affected people, alleging that their case was filed at Mander’s behest.

Mander has been a thorn in the regime’s side for many years. He not only spearheaded a petition against the inhuman conditions in Assam’s infamous detention camps, he has also filed a petition in the Delhi High Court to seek directions to the police to file FIRs against BJP leaders Kapil Mishra, Anurag Thakur and Parvesh Verma. He is also one of the petitioners against the CAA along with Aruna Roy, Nikhil De, Irfan Habib and many others.

The move against Mander is not new, as other human rights defenders often face similar challenges. In January 2011, CJP secretary Teesta Setalvad had faced a similar ordeal when the SC had expressed displeasure over her forwarding complaints pertaining to the Gujarat riot cases to the Office of the High Commissioner for Human Rights (OHCHR). The court had said that by forwarding the complaints pertaining to Gujarat riot cases to the UN, Teesta Setalvad had shown she does not have confidence in the SC. The matter was put to rest when it was pointed out to the court that the complaints had been sent to the SIT and had merely been forwarded to the OHCHR which keeps track of human rights violations, and that it was mere reporting and there was no prayer for action.

The post SC pulls up Harsh Mander for alleged remarks against it appeared first on SabrangIndia.

Image Courtesy: Bar & Bench

Activist Harsh Mander who has been campaigning against the inhuman conditions under which inmates of Assam’s detention camps are kept had appealed to the CJI to recuse himself in light of a few statements made by the CJI at the previous hearing which Mander thought displayed bias against so called foreigners.

At the previous hearing while responding to the affidavit filed by Assam Chief Secretary Alok Kumar, Gogoi had allegedly remarked, “You have no right to continue in office after authoring such an affidavit… This court will not be party to such an unheard of arrangement… You have 900 detainees when lakhs of illegal foreigners have already intermingled with the local population. Most of these foreigners are in the voters’ list and are taking part in the political system of this country.”   

Mander had filed an application demanding Gogoi’s recusal “in the interest of justice, in the larger interest of the institution.” Mander submitted he feared the CJI’s alleged bias against non-citizens would affect the outcome in the case. His application says, “The Statements made by the Hon’ble Supreme Court have been used by political parties to target the State of Assam and create an atmosphere of bias against the alleged foreigners by seeking their indefinite detention and deportation. It is respectfully submitted that even if the decision is likely to be influenced subconsciously due to the following reasons, as apprehended genuinely by the Applicant, Hon’ble Mr. Justice Ranjan Gogoi may recuse himself in the interest of justice”.

Mander’s application further says, “The Statements made by the Hon’ble Judges of the Supreme Court have a ripple effect not just within the judiciary of the country but amongst the public at large and therefore need to be made with responsibility and more gravitas than an off the cuff remark by any other citizen of the country”. Mander’s petition asks for compassion and humanity in treating all people, not just citizens.

Dismissing Mander’s recusal application, the CJI reportedly said, “Recusal is destruction of the institution. We are not recusing. We will not allow anybody to browbeat this institution.”

Mander had also submitted that he is no longer using legal services of senior advocate Prashant Bhushan. Interestingly, when the CJI refused to recuse himself and removed Mander as petitioner, he brought Bhushan on board as amicus curiae. Mander’s name has been removed as petitioner and been replaced with the Supreme Court Legal Services Authority.
 

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