In focus | SabrangIndia News Related to Human Rights Fri, 20 Dec 2024 11:42:12 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png In focus | SabrangIndia 32 32 Candlelight protests in Greater Noida demand immediate release of jailed farmers https://sabrangindia.in/candlelight-protests-in-greater-noida-demand-immediate-release-of-jailed-farmers/ Fri, 20 Dec 2024 11:34:26 +0000 https://sabrangindia.in/?p=39264 In a show of solidarity, villagers in Greater Noida are organizing candlelight processions to demand the immediate release of farmers who were jailed by the Uttar Pradesh government for their role in protests. These peaceful marches continue to grow, highlighting the farmers' ongoing struggle for justice and better compensation

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In the villages of Greater Noida, candlelight processions are lighting up the night, as farmers demand the immediate release of their fellow activists detained by the Yogi Adityanath government of Uttar Pradesh. The protests have gained significant momentum following the December 17 court decision, which granted bail to 86 farmers arrested during earlier demonstrations. These protests, which erupted after the government failed to deliver on promises for higher compensation for land acquired from farmers, have seen widespread support.

Background

On December 17, (Tuesday), a significant development unfolded in Greater Noida when a court granted bail to 86 farmers arrested during protests earlier this month. These farmers had been detained during demonstrations demanding increased compensation for land acquisition in the region. The arrests occurred on December 4 and 5 at Zero Point in Greater Noida, where 136 farmers were taken into custody. While eight farmers had been released on bail last week, the 86 granted bail on Tuesday will remain in jail until they deposit a surety of Rs 20,000 each.

The farmers’ protests erupted in response to the Uttar Pradesh government’s failure to fulfil promises of increased compensation for land acquired from farmers for various development projects. Led by farmer unions such as the Bharatiya Kisan Union (BKU), the farmers have been advocating for compensation rates that reflect the rising costs of living and the value of their land. These protests led to disruptions, including the blockade of the Noida Expressway on December 5, when protesters allegedly damaged barricades and clashed with police.

Sub-Inspector Rahul Kumar filed a complaint against the protesters, accusing them of rioting, unlawful assembly, and causing harm to public servants. In his complaint, Kumar stated that despite police efforts to de-escalate, the protesters continued shouting slogans against the government and police, escalating the situation. However, the farmers’ leaders maintain that their protests were peaceful and that the charges were fabricated, as Times of India reported.

Farmers’ struggle in Noida and Greater Noida

The farmers’ struggle in Noida and Greater Noida is a powerful manifestation of resistance against the land acquisition policies that have long been a source of tension in Uttar Pradesh. This struggle is deeply rooted in the farmers’ demands for rightful compensation and alternative livelihoods.

Land acquisition and political Relevance

The backdrop to the farmers’ protests in the region is the ongoing process of land acquisition for several major development projects. These include the construction of the Greater Noida and Noida industrial zones, the Yamuna Expressway, the Jewar International Airport, and various projects under the Uttar Pradesh State Industrial Development Corporation (UPSIDC). Farmers argue that their land was acquired without fair compensation, leaving them without sufficient support for their livelihoods. The struggle for land rights in this region has gained increasing political relevance as it exposes the exploitative relationship between the state government and corporate forces benefiting from these land acquisitions.

Past struggles and farmer solidarity

The farmers’ struggles have been ongoing for several years, with the All-India Kisan Sabha (AIKS) playing a crucial role in mobilizing farmers and building solidarity across communities. In 2023, after farmers successfully pushed for the formation of a High-Power Committee, the government promised several measures, including higher compensation and the return of a portion of acquired land. However, the BJP-led state government, under Chief Minister Yogi Adityanath, has failed to implement these recommendations, prompting farmers to intensify their struggle.

November-December 2024: escalation of protests

The situation reached a boiling point in November and December 2024, when ten major farmer organizations under the Samyukt Kisan Morcha (SKM) banner organized a Mahapanchayat in Greater Noida on November 25. The farmers, including a large number of women, demanded immediate action from the Uttar Pradesh government to address their concerns. When the government failed to respond, the farmers organized day-and-night protests from November 26 to December 1.

Violent crackdown and arrests

On December 2, 2024, thousands of farmers attempted to march to Delhi, but were stopped by police barricades, resulting in traffic disruptions. The government responded by making several promises to engage with the farmers, but the situation worsened on December 3, when police forces violently evicted the protesters. Over 160 farmers, including key leaders, were arrested and sent to Luksar Jail, with many others detained at their homes under house arrest.

The struggle for land rights in Noida and Greater Noida has become emblematic of broader issues surrounding land acquisition, compensation, and the rights of rural farmers. It represents a direct challenge to the BJP-led state government’s corporate-friendly policies, and it has sparked widespread support from farmers across the country. The movement continues to gain momentum, with more protests planned and the farmers’ determination to secure their rightful claims remaining unshaken.

Related:

Farmers Declare Punjab Bandh on Dec 30 Amid Deteriorating Health of Dallewal

‘Kisan Satyagraha’, a visual diary of a year-long, historic struggle that forced a regime to withdraw three anti-farmer laws

Farmers protest: Documentary ‘Kisan Satyagraha’ barred from Bengaluru film fest

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Farmers Declare Punjab Bandh on Dec 30 Amid Deteriorating Health of Dallewal https://sabrangindia.in/farmers-declare-punjab-bandh-on-dec-30-amid-deteriorating-health-of-dallewal/ Fri, 20 Dec 2024 05:04:55 +0000 https://sabrangindia.in/?p=39253 SKM has given a call to observe nationwide protests on December 23 over repression of farmers in Greater Noida, resumption of dialogue with farmers organisations and withdrawal of National Policy Framework on Agricultural Marketing.

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New Delhi: Farmers associations associated with Kisan Mazdoor Sangharsh Samiti and Samyukta Kisan Morcha (Non-political) staged protests on Wednesday on railway tracks at 52 locations in Punjab and brought the rail traffic to a hilt in the state.

The protest was called in response to alleged excesses inflicted on farmers who tried to march towards Delhi to press for their demands on Minimum Support Price and one time debt relief. At least 21 trains were cancelled and several trains were short terminated in Ambala and Ferozpur division. The protesters squatted on major railway stations including Moga, Faridkot, Gurdaspur, Batala, Jalandhar, Sangrur, Tarn Taran and Muktsar.

Harmeet Bains, leader, Bharatiya Kisan Mazdoor Union said, “We have stopped trains from 12 PM to 3 PM at more than 100 locations in the state. After the Supreme Court directed the Haryana administration to allow farmers their march on foot, we were met with sheer high handedness, tear gas and water cannons. The centre is in sleep mode from 2014 itself. The farmers are too citizens of this country. We provide grains to feed the people. If peasantry is destroyed, the country will face serious repercussions.”

Addressing a press conference at Shambhu border, Jaswinder Singh Longowal, leader, Bharatiya Kisan Union Ekta Azad said that the participation of common people in rail roko protest surpassed their expectations.

“Even the unions out of our organisation’s ambit extended their support. It must be remembered that the fast unto death of veteran leader Jagjeet Singh Dallewal entered 23rd day and no centre representative reached out to us over our demands,”he said.

He said,”today’s protest amply demonstrates that the people of the state are frustrated with this government. Both forums, Kisan Mazdoor Morcha and Samyukta Kisan Morcha (Non-political), have decided that the movement will be intensified in Punjab. A complete bandh will be observed in the state on December 30 and we will request people to ensure massive participation. I request farmers bodies, shopkeepers, workers to understand that winning this struggle is the need of the hour. I ask you to form village committees to campaign in rural areas. We cannot forget the sacrifices made by our leaders. We cannot forget the humiliation meted out to us by the centre.”

Meanwhile, the health of Dallewal, President, Bharatiya Kisan Union (Sidhupur), further deteriorated on 23rd day of his fast with doctors expressing possibility of multiple organ failure. The Supreme Court too showed concern over deteriorating health of Dallewal and directed Punjab government to make necessary arrangements in case hospitalisation is required.

The bench of Justice Surya Kant and Justice Ujjal Bhuyan on Wednesday said,”As regard to medical aid to Mr.Jagjit Singh Dallewal, learned Advocate General fairly submits that even as per the doctors, he is immediately required to be hospitalised. That being the medical condition, we direct the State Authorities to take all necessary steps and ensure that the medical aid of hospitalisation, as per the doctors advise, is provided to Mr.Jagjit Singh Dallewal, without any delay.”

After the Prime Minister Narendra Modi announced the decision of repealing the farm laws, Centre, through its Secretary (Farmers Welfare) Sanjay Agarwal had assured the leadership of Samyukta Kisan Morcha that it will form a committee including representatives from centre and state governments, Agriculture Scientists and farmers leaders of different unions with the mandate to devise methods to implement minimum support price.

The letter dated December 9, 2021 also noted that the Union government in principle agrees to withdraw criminal cases by its agencies for participation in the historic struggle and it will appeal to the state governments too to withdraw the cases. The Centre will also hold discussion on provisions impacting farmers in Electricity Amendment Act.

However, the government’s invitation to SKM to the committee on Zero Budget Farming was turned down by the morcha leaders as they alleged the committee had majority of members who had backed the farm laws.

Why MSP is crucial ?

The farmers bodies have maintained that the Commission on Agriculture Costs and Prices (CACP), the central body responsible for announcing minimum support price for procuring crops from farmers, has been employing wrong methodology for calculating the input costs of seeds, fertiliser, herbicides, pesticides, diesel and harvesting. While CACP has used A2 + FL formula, the farmers has been asking for C2+ 50 percent for just returns on the produce. A2 covers majors costs such as fertilisers, pesticides, herbicides and diesel among other costs and FL implies unpaid family labour. C2 refers to comprehensive costs which also covers rents and forgone interest on land apart from traditional costs.

Tejvir Singh, leader, Bharatiya Kisan Union Shaheed Bhagat Singh said that the Centre has introduced a draft of National Policy Framework on Agriculture Marketing instead of initiating any dialogue. He said,”I have no hesitation in saying that the centre has reintroduced repealed farm laws through back door. If we look at the policy framework, there is no single word on Minimum Support Price in the whole document to which our 10 months struggle is dedicated. We are witnessing an assault on our federal structure too where states have no role in determining their priorities whereas the seventh schedule of Constitution maintains agriculture s a state subject. We also wish to highlight that the some important khap panchayats have extended their support and announce it formally on 19.12.2024 at Kisan Bhawan in Chandigarh.

Surjeet Singh Phul, Chairman, Bharatiya Kisan Union Krantikari, said that the forums also declined to meet the panel formed by Supreme Court citing its limited mandate. “We categorically stated that the panel has no powers to take decisions and it appears to be a delaying tactic. We will only meet the representatives of centre which needs to deliver its promises now.”

Meanwhile Samyukta Kisan Morcha has given a call to observe nationwide protests on December 23 over repression of farmers in Greater Noida. Simultaneously, it demanded resumption of dialogue with farmers organisations and withdrawal of National Policy Framework on Agricultural Marketing.

Talking to NewsClick over the phone, Hannan Mollah of SKM said that “Sarvan Singh Pandher had expressed his desire for a joint struggle. The constituents of SKM were apprehensive because he was never part of our umbrella organisation. His people’s action brought bad name to the movement when they created a ruckus at the Red Fort and brought national flag down. However, we have called him to meet us at Patiala. ”

The SKM had also written to Prime Minister to accept the genuine, long pending demands of farmers on MSP, loan waiver, stopping privatization of electricity, implementation of LARR Act 2013 and immediately withdraw the new Agriculture Market Policy dated 25th November 2024 proposed by the Ministry of Agriculture and Farmers Welfare that denies MSP, permits corporate control on agriculture production and marketing through digitalization, contract farming, market access to procurement, trespass on the federal rights of the States.

It said,” The recent introduction of the Digital Agriculture Mission, National Cooperation Policy and now the New Agri Market Policy are part of the strategy of the corporate agenda to permit backdoor resurrection of the three farm laws. The conscious efforts in the last two years to thwart procurement in APMC markets in Punjab and Haryana, dismantle FCI by promoting cash transfer on food subsidy, reduction of food subsidy by Rs. 60,470 Cr. and fertiliser subsidy by Rs. 62,445 Cr. in the last three consecutive years are decisive corporate attacks on the existing system of MSP and Food security.”

Courtesy: Newsclick

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Maharashtra Special Public Security Bill tabled in assembly, using the myth of “urban naxals” to supress dissent? https://sabrangindia.in/maharashtra-special-public-security-bill-tabled-in-assembly-using-the-myth-of-urban-naxals-to-supress-dissent/ Wed, 18 Dec 2024 01:35:05 +0000 https://sabrangindia.in/?p=36753 CJP dissects the MSPS Bill and its problematic provision, its impact on the citizenry, dangers of having another draconian law in the face of existing BNS, 2023, UAPA, 1967 & PMLA, 2002

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First Published on 15, Jul 2024

Business Today reports that the Anti ‘urban-Naxals’ Bill was re-introduced in Maharashtra, CM stresses its ‘need’: Fadnavis said Chhatisgarh, Telangana, Andhra Pradesh and Odisha have enacted Public Security Acts for effective prevention of unlawful activities, and banned 48 frontal organisations

On July 11, the Maharashtra government tabled the Maharashtra Special Public Security Bill, 2024 on the penultimate day of just concluded session of the state assembly (Vidhan Sabha). The said bill, introduced by the state’s industries minister Uday Samant, was deemed to be brought in to stop the “proliferation of Urban Naxalism” in the state of Maharashtra. Introduced on the penultimate day of the Vidhan Sabha (State Assembly) Session, it is clearly aimed at granting anti-Constitutional powers to an already weaponised police force. As the Maharashtra state assembly got over on July 12, the said bill has not yet been passed.

It is to be noted that while the Maharashtra Special Public Security Bill was being introduced avowedly to tackle “urban naxals”, the term has been in usage from the Indian ultra-right as politically stigmatising and defiling term used by proto-fascist forces to criminalise protest and dissent, jail writers, academicians, activists and opposition Leaders especially. The said weapon has been, even prior to the year 2014, has been weaponised against Adivasis and Dalits, who protest against the unjust anti-minority policies of the state.

As the bill became public, experts and lawyers referred to the same as draconian and a dangerous piece of legislation that is being brought in to further supress dissent and cause alarm amongst the citizenry. Notably, the justification being offered for bringing in the bill is that similar versions of the Public Security Act currently are currently in force in Chhattisgarh, Telangana, Andhra Pradesh and Odisha. However, the state of Maharashtra already has the Maharashtra Control of Organised Crimes Act (MCOCA, 1999) under which several abusive prosecutions have been launched. Now, as this suppressive bill looms like a sword over the people of Maharashtra, the insistence of introducing more such that curb the rights of freedom of expression, movement, association (Article 19) and right to life (Article 21) and equality before the law (Article 14) in other states is no justification for Maharashtra, a rather progressive state, for enacting such a law.

Another reasoning that is being offered to bring in the MSPS Bill is that it will provide more effective prevention of certain unlawful activities of individuals and organisations. However, with the newly enforced Bharatiya Nyaya Sanhita, 2023 bringing in offenses such as “terrorist activities” (Section 113), “organised crimes” (Section 111) and “petty organised crimes” (Section 112) into the criminal laws governing the country, a separate MSPS bill was not required at all. Through the BNS, provisions of the Unlawful Activities (Prevention) Act and MCOCA have already been centralised, ensuring multiple tools in the land of a State and Police to use against its own citizens, raising questions over the necessity of bringing in the said bill.

Citizens for Justice and Peace, Mumbai, in consultation with experts and advocates, has dissected the said bill and its impact on the citizens.

Problematic Provisions of MSPS 2024

The draft MSPS Bill of 2024 has extremely vague, broad and therefore problematic definitions of “an unlawful activity” ((Section (2) (f) (i) to (vii)).  This loose definition is liable to malicious misuse. For instance, the interpretation of the ((Section (2) (f) (i)) phrase …” which constitutes a danger or menace to public order, peace and tranquillity” has been left open for interpretation, with potential for misuse. The usage of the word “menace” in the definition in itself problematic as the term “menace” is not defined anywhere in the law. It is crucial to highlight that the dictionary meaning of the word means, dangerous act of person, and leaves it open to the authorities to bring anything under the Act according to their discretion and penalise the ones being targeted. (They can say cooking on streets is a menace to public and arrest people).

This vagueness of definitions to make and include undefined “acts” as criminal acts is extremely problematic. In any law, any criminal act should be well defined and should not be left to be interpreted loosely by the police. Unfortunately, or rather consciously, this practice has been done away with in order to get away with accountability.

In addition to this, the definition of criminal act under Section 2(f) describes unlawful activity as:

As can be seen in the above provided definition, no concrete ambit is provided, and only vague words are used to define the nature of the acts that can be deemed as unlawful activities by the authorities. The law tends to give arbitrary powers to the police and it is an open secret that the political party in power is many times misusing police authority.

In lines with certain special legislations as well as state legislations, Section 5(1) (2) of the MSPS Bill provides for the setting up of the “Advisory Board” set up under the Act to adjudicate on the Actions of the State Government, police and Administration. Curiously, as per the said provision, the Advisory Board is required to be consisting of “three persons are, have been, or are qualified to be appointed as Judge of the High Court”, which means that existing retired or “non appointed officials or lawyers” also qualify to be a part of the Advisory Board. Since the Advisory Board is to be formed by the state government itself, one need not use their imagination to think of the ways in which the said provision can be used (or misused).

Section 9, through sub-section 1, provides draconian and arbitrary powers to the administration and the Police (DM or Police Commissioner) to take possession of or seize any notified area an evict persons from that premise (if women and children live there “reasonable time” is the only protection given to them!). Moreover, Section 10 (1) extends this arbitrary power to seize moveable properties, monies etc within this seized property making this one more power given to arbitrary use.

As per Section 12 of the draft MSPS Bill also denied those arrested any recourse of law at district level, and declares the High Court and Supreme Court as proper forums to file any petition to challenge action against this law. This militates against the four-tier system of Justice Redressal as laid down in the Indian Constitution. The reasoning behind the same remains to be clarified.

Under Sections 14 and 15 of the MSPS Bill, protection has been granted to every Police Officer and District Magistrate (bureaucrat) to be penalised or held accountable for any strictures are passed by the High Court or Supreme Court on misuse of prosecution, as the said two sections state that no actions can be initiated against them.

 

Dangers of New Bill (MSPS Act) in the face of existing BNS, 2023, UAPA, 1967 & PMLA, 2002

Various sections in the BNS, 2023 including Section 152, which reintroduces ‘Sedition’ under IPC 124-A and has been described by experts as Sedition Plus’, Section 113, which criminalises terrorist acts, and Section 111, which brings in organised crimes, give arbitrary powers to the authorities to take action against those individuals who commit actions deemed to be against national integrity and national security.

CJP would specifically like to highlight Section 152 of the BNS, which states that  “acts that are endangering sovereignty, unity and integrity of India, purposefully or knowingly, by words, either spoken or written, or by science, or by visible representation, or by electronic communication or by use of financial means or otherwise, excites or attempts to excite cessation or armed rebellion or subversive activities, or encourages feeling of separatist activities, or endangers sovereignty or unity and integrity of India’ or indulges in or commits any such acts shall be punished with imprisonment for life or with imprisonment which may extend to 7 years, and shall also be liable to fine.” While being vague and broad by itself, the MSPS Bill also bears an uncanny resemblance to the said provision.

Additionally, Section 113 (1) of the BNS, 2023, which covers under its ambit anyone who does any act with the intent to threaten or likely to threaten the unity, integrity, sovereignty, security, or economic security of India or with the intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country, mirrors Section 15 of the UAPA. The only difference is that it deals with acts committed in a foreign country as well.

Similarly, Section 113 (2) that deals with committing of such a terrorist act that results in death or otherwise, mirrors Section 16 of the UAPA verbatim. Section 113 (3), which covers those who conspires or attempts to commit, or advocates, abets, advises or incites, directly or knowingly facilitates the commission of a terrorist act or any act preparatory to the commission of a terrorist act, mirrors Section 18 of the UAPA verbatim. Section 113 (4), which deals with those who organise or cause to be organised any camp or camps for imparting training in terrorist act mirrors Section 18A of the UAPA verbatim. Section 113 (5) states that any person who is a member of an organisation which is involved in terrorist act mirrors Section 20 of the UAPA verbatim.

Section 113 (6), which covers the offense of voluntarily harbours or concealing those such person that commits a terrorist, has been taken from Section 19 of the UAPA verbatim.

Section 113 (7), which criminalises the offense of knowingly possessing any property derived or obtained from commission of any terrorist act, has been taken from Section 21 of the UAPA, present in BNS with a wider ambit.

The whole section has been picked from UAPA almost verbatim, without the relevant safeguards being present in BNSS (sanction). The question that arises is on what was the need to inculcate these draconian and stringent laws into the criminal laws of India and now, in Maharashtra to table one more such.

In the overall background that the nation is in today with a government that has jailed critics through a rampant misuse of the PMLA Act 2002 and the UAPA, 1967 –and the political revengeful manner in which investigation arm like ED is acting, the newly table MSPS Bill, is addition of another draconian face to the laws in the state and in the country.

Persecution by Multiplicity of Statute Charges

Another dangerous implication that will accompany this attempt to enact one more draconian state law is its impact on the provision for undertrials seeking statutory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 479 of the BNSS contains very stringent bail provisions for statutory bail. The said section limits the conditions for granting statutory bail to under trials—is a section in the new law which corresponds to section 436 A of the Carps, provides for the procedure to be adopted in case the under trial is to be given statutory bail after spending a particular period under detention. In the older CrPC, if an under trial has spent half of the maximum period of imprisonment for an offence in detention, they must be released on a personal bond (not to be applied to offences which are punishable by death) BNSS, 2023 retains the said provision, and makes it further stringent.

However now, under Section 479, the provision of granting bail to under trial prisoners will now be limited to those under trials who are first-time offenders if they have completed one-third of the maximum sentence. Since charge sheets often mention multiple offences, this may make many under trials ineligible for mandatory bail. Furthermore, through the said provision, the prohibition of getting bail under the said section had also been expanded to those offences that are punishable with life imprisonment. Therefore, the following under trials are barred from applying for statutory bail under the said section if: offences punishable by life imprisonment, and persons who have pending proceedings in more than one offence.

Nothing but a move to muzzle protests?

Former Chief Minister and Congress MLA Prithviraj Chavan spoke to the media, calling the bill to be “nothing but a move to muzzle protests”. Media reports have quoted Chavan as saying. “The government wanted to present and pass this bill today itself. We opposed it and requested the Speaker not to push it through. We will oppose the bill vehemently.”

Furthermore, the Maharashtra State Committee of the Communist Party of India (Marxist) has even called for the withdrawal of the bill, stating that it will have a deep impact on the democratic processes of governance. Therefore, the state of Maharashtra, like Karnataka and Tamil Nadu, should set about the task of amending the more draconian provisions of the BNS, 2023 and repeal earlier passed laws that have been abused and misused, rather than introducing more authoritarian legislations.

The complete bill can be accessed here:

 

Related:

Supreme Court: “Authorities cannot randomly accuse people of being foreigners, initiate investigation without material basis”

New Criminal Laws: Future risks for democracy and rights in India

Amend Sec 187(3) BNSS in line with Sec 167(2) CrPC: PUCL to HM and Law Minister

Modi’s government bypasses SC & Law Commission, no nuanced, strong penal sections on Hate Speech: BNS, 2023

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Protests rage in Parbhani after Dalit activist dies in custody, allegations of police torture https://sabrangindia.in/protests-rage-in-parbhani-after-dalit-activist-dies-in-custody-allegations-of-police-torture/ Mon, 16 Dec 2024 13:46:42 +0000 https://sabrangindia.in/?p=39198 Somnath Suryavanshi's death in judicial custody- to which he was shifted after having spent 2 days in police custody- sparks outrage, with demands for accountability, compensation, and a judicial inquiry into police brutality amid growing unrest over caste-based violence.

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A 35-year-old man from Bhosari in Pimpri-Chinchwad, arrested in connection with one of seven cases of rioting and arson in Parbhani, Maharashtra, following the desecration of a replica of the Constitution, passed away in judicial custody on Sunday morning. The deceased, identified as Somnath Vyankat Suryavanshi, was reportedly pursuing a law degree at a Parbhani-based college and had recently travelled to the city to appear for his final exams. However, during his arrest, Suryavanshi identified himself as a worker residing in a rented apartment in the Shankarnagar area of Parbhani’s Mondha locality. The police are in the process of verifying his student status with the college.

According to Yashant Kale, the officiating Superintendent of Police (SP) in Parbhani, Suryavanshi began complaining of severe chest pain early Sunday morning while in custody. He was immediately taken to the district civil hospital, where doctors examined him and pronounced him dead. Shahaji Umap, Deputy Inspector General (DIG) of Police for the Nanded Range, confirmed the sequence of events, stating that Suryavanshi and others were initially presented in court on Thursday and remanded to police custody for two days. On Saturday, they were shifted to judicial custody and transferred to the district jail, where the fatal incident occurred.

Dr Shivaji Sukre, Dean of the Government Medical College and Hospital (GMCH), Parbhani, had announced that a detailed post-mortem examination would be conducted by a team of senior doctors, including forensic and toxicology experts. The post-mortem will be performed in-camera to ascertain the precise cause of death.as per the post-mortem report that have been circulating on social media, Suryavanshi died owing to “shock due to multiple injuries.”

The incident has sparked outrage, particularly among Ambedkarite groups, as Suryavanshi was identified as a Bhim Sainik belonging to the Wadar community, a marginalised group. Prominent Dalit leader Prakash Ambedkar, in a statement on Monday, described the custodial death as “gut-wrenching, sickening, and intolerable.” He expressed particular concern that the death occurred despite Suryavanshi’s bail application being approved. Ambedkar added that his legal team had requested the court to ensure the post-mortem examination is conducted thoroughly, involving CT and MRI scans as well as forensic and pathological analyses. He further emphasised that the procedure should be filmed and conducted in a government hospital equipped with a forensic department to maintain transparency.

Anandraj Ambedkar, another prominent Ambedkarite leader, also condemned the incident, calling for immediate action against the police officers involved. He highlighted the broader context of arrests in Parbhani following the desecration incident, noting that many Ambedkarite activists were detained under various charges. On the night of December 11, 50 individuals were arrested, and 300 to 400 others were booked on charges of rioting and related offences. Suryavanshi was among those identified as suspects and was presented in court on December 12.

The custodial death of Suryavanshi has reignited long-standing concerns about police brutality, systemic discrimination against marginalised communities, and the misuse of custodial powers. For many in the Ambedkarite movement, the incident represents a stark reminder of the impunity often afforded to state authorities, particularly in cases involving Dalits and other oppressed groups. With protests expected to intensify, the incident is likely to put renewed pressure on the judiciary and the government to ensure accountability and justice.

Parbhani erupts in protests over desecration of constitution replica and custodial death

The town of Parbhani in Maharashtra’s Marathwada region has been gripped by unrest following the desecration of a replica of the Indian Constitution at a statue of Dr B. R. Ambedkar and the subsequent custodial death of 35-year-old Somnath Vyankat Suryavanshi. The protests, which began on December 10, escalated dramatically after Suryavanshi’s death on December 15, bringing issues of police accountability and caste-based violence to the forefront.

Desecration of Constitution replica triggers anger: On December 10, tensions erupted after an unidentified person vandalised a replica of the Constitution held by a statue of Dr Ambedkar near Parbhani Railway Station. The act, widely perceived as an attack on Dalit identity, sparked outrage. Around 200 people gathered near the statue, chanting slogans and demanding justice. As news of the incident spread, the protests turned violent, with acts of arson, stone-pelting, and vandalism reported across the town.

Protesters blocked railway tracks and disrupted train services, including roughing up the loco-pilot of the Nandigram Express. Public properties, including the district collector’s office, were damaged, with protesters smashing furniture and window panes. The bandh, initially intended to be peaceful, quickly turned violent. Protesters set pipes on fire outside shops, vandalised public properties, and attacked the district collectorate, prompting the police to fire tear gas to disperse the crowds. Acting Superintendent of Police Yeshwant Kale confirmed that the situation was eventually brought under control but acknowledged the deep-rooted anger among the Dalit community.

NCP-SP MP Fauzia Tahseen Khan, representing Parbhani, urged citizens to maintain peace while condemning the vandalism as deeply disrespectful to the Constitution. She also criticised the slow police response, which she said exacerbated tensions. Leaders of the Communist Party of India (Marxist) and other groups extended support to the bandh, calling for justice and systemic reforms to prevent such incidents in the future.

Senior police officials, including Special Inspector General Shahaji Umap, were deployed to oversee the situation. The protests and violence have drawn attention to the state government’s failure to address caste-based violence effectively. Prakash Ambedkar reiterated his call for unity and non-violence while warning that the Dalit community’s patience should not be mistaken for weakness. He vowed to continue the fight for justice for Suryavanshi and protection of Dalit symbols like Ambedkar statues.

Notably, the police arrested 45-year-old Sopan Pawar, who was identified as the perpetrator. Initial reports described Pawar as a “disturbed” individual, but Dalit leaders dismissed these claims, insisting the act was deliberate and caste-motivated. The administration imposed prohibitory orders to prevent mass gatherings, while police used loudspeakers to urge calm.

The desecration drew strong reactions from across the political spectrum. Vanchit Bahujan Aghadi (VBA) leader Prakash Ambedkar called the incident “shameful” and demanded swift arrests of all those involved. Ambedkar warned that the failure to act decisively would lead to severe consequences. Union Minister Ramdas Athawale also condemned the act, urging protection for Ambedkar statues across the state to prevent future incidents.

Custodial death of Dalit man fuels protests: The unrest reached a boiling point on December 15 when Somnath Suryavanshi, a Dalit labourer and law student, died in judicial custody. Suryavanshi, who was arrested on December 12 for his alleged role in the earlier protests, was reportedly shifted to judicial custody on December 14. According to police, he complained of chest pain and was admitted to a hospital, where he died shortly after. However, Dalit leaders and activists have alleged that he succumbed to severe police brutality.

Suryavanshi, described as a committed Bhim Sainik and vocal activist from the Wadar community, had no prior criminal record. His arrest and sudden death in custody sparked outrage. Leaders, including Prakash Ambedkar, termed the incident “gut-wrenching” and demanded a transparent autopsy with video documentation to ensure accountability. VBA workers staged peaceful sit-ins, while Dalit organisations across the state called for a bandh to protest the custodial death.

Union Minister Athawale called for the dismissal of the police officials involved, a ₹25 lakh compensation for Suryavanshi’s family, and the withdrawal of charges against innocent individuals caught up in the protests. Activists also criticised the police for their indiscriminate arrests, which reportedly targeted over 300 locals, predominantly Dalits.

Social and political implications: The incidents in Parbhani highlight the simmering caste tensions in Maharashtra. The desecration of the Constitution replica and the custodial death of Suryavanshi are seen as symptoms of deeper systemic issues, including caste-based discrimination and police misconduct. The demands for justice have extended beyond individual accountability to include structural reforms, better protection for Dalit symbols, and more stringent action against caste-based violence.

As the Maharashtra Legislature begins its session in Nagpur, the government faces mounting pressure to take meaningful action. Dalit leaders have warned that failure to address these grievances could lead to further unrest. The Parbhani unrest has not only shaken the state but also reignited nationwide conversations about caste-based injustice and the need for comprehensive reforms in law enforcement and governance.

Postmortem procedures amid rising tensions

The postmortem of Somnath Venkata Surwanshi, who died in judicial custody, became a focal point of tension at the Government Medical College and Hospital (GMCH) in Parbhani. As news of his body reaching the hospital spread, a crowd of Ambedkarite leaders, activists, and youth gathered at the mortuary, demanding justice and accountability. Slogans were raised, reflecting the community’s anger and grief, prompting heavy police deployment to maintain order.

To ensure transparency, a team of five doctors was constituted to conduct the postmortem, supervised by the Sub-Divisional Officer and senior police officials. Dr Shivaji Sukre, the GMCH dean, personally inspected the mortuary to monitor the situation. Hospital sources confirmed that a CT scan would be mandatory before proceeding with the autopsy, aligning with standard practices in custodial death cases.

However, delays marred the process as close relatives of the deceased were required to identify the body before the examination could begin. Surwanshi’s parents, travelling from Pune, had not reached GMCH by late evening, raising concerns about their whereabouts after relatives reported losing contact with them during the journey. Activists alleged that the family might have been intercepted, further fueling suspicions and unrest.

Family members have accused the police of assaulting Surwanshi, pointing to visible injuries on his body. His death, amidst allegations of custodial violence, has intensified calls for accountability, with the community and activists demanding a thorough and impartial investigation.

Opposition raises demands for accountability after Parbhani violence

The Maharashtra Congress has called for the suspension of Superintendent of Police Ravindrasingh Pardeshi following the recent violence in Parbhani town, which erupted after the desecration of a B.R. Ambedkar statue near the Parbhani railway station. Alleging police atrocities against the Dalit population, Congress State President Nana Patole termed the statue’s desecration a “grave insult” and demanded swift action against those responsible. Highlighting the legacy of icons such as Chhatrapati Shivaji Maharaj, Shahu Maharaj, and Jyotirao Phule, Patole criticised the Maharashtra government, accusing Chief Minister Devendra Fadnavis and his deputies of focusing on political portfolio allocations while neglecting public welfare.

Patole also condemned the police’s heavy-handed response, which included imposing a curfew, suspending internet services, halting public transport, and using tear gas and batons against Dalit protesters. This, he argued, reflected a lack of sensitivity in managing the situation. The Vanchit Bahujan Aghadi (VBA) and Jamaat-e-Islami Hind (JIH) echoed these concerns, with VBA President Prakash Ambedkar urging the cessation of arrests and combing operations in Dalit neighbourhoods. Ambedkar warned of intensified agitations if police action against Dalits did not cease soon. Similarly, JIH President Maulana Ilyas Khan Falahi described the statue’s desecration as a “provocative act” aimed at undermining the Constitution.

Shiv Sena (UBT) MP Sanjay Raut also weighed in, criticising the Maharashtra government over the custodial death of one of the accused, Somnath Surwanshi. Calling the death a “failure of the system,” Raut held Chief Minister Fadnavis, who also serves as home minister, responsible. Accusing the government of being “anti-constitutional,” Raut questioned how protectors of the Constitution were losing their lives under its administration. He vowed to raise the issue in the Rajya Sabha, further intensifying the political fallout of the Parbhani violence.

BJP defends police action amid unrest

Meghana Bordikar, BJP MLA from Jintur in Parbhani, defended the police’s actions in the wake of the violence in the town. In a statement following her swearing-in as a minister of state in the Maharashtra government on Sunday, Bordikar described the incident as unfortunate but emphasized that the police had acted swiftly, with the accused being arrested promptly. She further clarified that the death of Somnath Suryawanshi, one of the individuals involved in the unrest, was caused by a heart attack, dismissing allegations of custodial violence. Bordikar stated that the police were handling the situation appropriately and reassured the public that while Parbhani was observing a bandh, normalcy was gradually returning to the region.

Allegations of excessive force and custodial death

The death of Somnath Suryawanshi has brought to light the extent of police brutality in Parbhani, Maharashtra, during the aftermath of protests triggered by the desecration of a statue of Dr. B.R. Ambedkar. Suryawanshi, who had no involvement in the violence on December 11, was arrested by the police along with many others from his slum settlement, Priyadarshini Nagar. His lawyer, Pawan Jondhale, stated that Suryawanshi was subjected to merciless beating by the police during his arrest and was not involved in the protest. On December 14, Jondhale had moved for his bail, citing Suryawanshi’s law exams and the possibility of him missing them if not released. Despite this, he remained in police custody, and his health deteriorated.

The allegations against the police are grave. Several other individuals, mostly young men and women from Dalit communities, have accused the police of using extreme force during the crackdown. According to activists on the ground, videos have emerged showing members of the local police and the State Reserve Police Force (SRPF) indiscriminately attacking people, including women and minors, in Dalit localities like Priyadarshini Nagar and Bhim Nagar. One of the most disturbing incidents captured on CCTV footage shows Vachala Bhagwan Manavte, a local woman who had just returned from work at a nearby hospital, being violently assaulted by the police. As Manavte tried to record the incident, she was dragged to the ground and kicked in her face and private parts. The footage supports her account, and she was later admitted to a local hospital with severe injuries across her body.

Despite claims by Special Inspector General Shahaji Umap that the police were forced to use “force” to control a mob, Manavte and many others targeted were not part of any violent crowd. The brutal actions extended to minor girls from Dalit families, who were reportedly beaten and named in one of the multiple FIRs filed by the police. Activist Rahul Pradhan, who has been working on the ground in Parbhani, described the police’s actions as “murderous anger” while speaking to The Wire. He stated that almost all those arrested suffered injuries and were sent to judicial custody without any medical treatment. In some cases, police reportedly surrounded the detainees, making it difficult for them to raise complaints about the violence.

In addition to this, while speaking to the team of SabrangIndia, activist Rahul Pradhan stated that “the desecration of Constitution and Babasaheb is despicable. B.R. Ambedkar has always been an advocate for democracy and protests. The violence that took place during the protests should be condemned and those who had indulged in it should be prosecuted. The police should follow the legal process in doing so. But, what is actually happening is that the police is weaponising the violence and indulging in a targeted crackdown against the Dalit community. Somnath has died in custody. There are many youth who remain inside the jail till now, and have suffered through many injuries. These people have even brutalised women and minors inside their own homes.”

Pradhan is raising his voice in this case and has demanded a judicial inquiry into the incident, calling for accountability for the police officers involved in the violence. He has also demanded compensation of Rs 50 lakhs for Suryawanshi’s family and Rs 10 lakhs for the other youth injured during the police crackdown. Additionally, they are seeking charges of murder and attempt to murder of the Bharatiya Nyaya Sanhita 2023 against the guilty officers, along with charges under Sections 3(2) and 3(3) of the SC/ST Atrocities Act, which protect marginalised communities from violence and discrimination.

https://www.facebook.com/share/v/1GjAefRet4/?mibextid=wwXIfr 

The custodial death of Suryawanshi has further raised questions about the treatment of those in police custody. According to legal norms, when an accused person is produced before a magistrate, the magistrate is required to inquire whether they have been ill-treated during custody and check their medical reports. However, Suryawanshi’s lawyer, Jondhale, has indicated that this legal procedure was not followed, and many detainees were denied medical attention. The death of Suryawanshi in judicial custody has drawn sharp criticism, with activists calling for an independent judicial inquiry into the cause of his death. They have also demanded that the post-mortem be conducted in a hospital outside Parbhani to ensure impartiality, as local authorities are seen as compromised due to the ongoing tension.

In a broader context, this situation has drawn comparisons to the 2018 Bhima Koregaon violence, where police similarly targeted Dalit activists with what many believe were politically motivated arrests. Pradhan has called for the establishment of an independent judicial inquiry into the Parbhani incident, emphasising that the state’s actions against Dalits and Ambedkarite activists are part of a larger pattern of oppression. The activists’ demands are clear: justice for Suryawanshi and accountability for the police violence that has marred the investigation into the protests.

Related:

No quality education without teaching equality, secularism, fraternity value: SC

Supreme Court issued stay on suits on survey against religious places, interventions had highlighted the Act’s intent to preserve India’s secular character

Fierce backlash grows against Yati Narsinghanand’s Dharam Sansad as fears of incitement to violence escalate; plea moved in SC

 

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Uttarakhand: Retd. Muslim Army Officer Faces Ire of ‘Hindutva’ Forces; FIR Filed After 2-Yr Legal Battle https://sabrangindia.in/uttarakhand-retd-muslim-army-officer-faces-ire-of-hindutva-forces-fir-filed-after-2-yr-legal-battle/ Mon, 16 Dec 2024 05:55:46 +0000 https://sabrangindia.in/?p=39175 The retired Army officer, also a BJP leader who runs a school in Vikasnagar, had to move the court to get an FIR lodged against the alleged accused. The police is yet to act on it.

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Dehradun: It can be termed a classic case of ‘targeting’ a Muslim in Uttarakhand without any distinction, by the ‘Hindutva’ forces allegedly unleashed by the ruling BJP/RSS combine. Even ‘nationalist’ credentials of serving in the Indian Army could not save a retired Muslim Army officer from being targeted by the so-called ‘Hindutva’ forces. Interestingly, his being a ruling Bharatiya Janata Party (BJP) leader also could not save him.

The retired Army officer was not only accused of having “a Pakistani connection and providing education to ‘Talibanis’” and also being “anti-Hindu”. While, the local police refused to help the beleaguered Army veteran by filing a case against such elements, he has been left to fighting a case in the local court for the past two years just to get a First Information Report (FIR) lodged against four alleged accused who, he says “created a nasty vilification campaign against the retired Muslim Army officer on social media, tried to inflame communal passions, gathered a mob against him with an alleged attempt to harm him and even blackmailed him to part with money.”

The former Army officer had to fight a long legal battle in the court of the Judicial Magistrate, Vikasnagar in Dehradun district for two years to get an order asking the police to lodge a case against four persons, namely, Rakesh Tomar alias Rakesh Tomar Uttarakhandi, Girish Chander Dalakot, Bhupendra Dogra and Solanki.

Finally, on December 7, 2024, the Vikasnagar police lodged a case under Sections 386, 505 and 506 of the Indian Penal Code against these persons, but till date no action has been taken against them.

Rakesh Tomar Uttarkhandi, president of the Rudra Sena, was also allegedly involved in the Purola ‘Love Jehad’ case and resultant targeting of Muslims in Uttarkashi district in the summer of 2023. The Purola case was later proved to be false and motivated in a court of law.

This is a story of Lt. Col. Abdul Qadir (retd), who has been running Bright Angels School, a prestigious senior secondary CBSE school in Vikasnagar town. The school is popular among all the sections of the society in the area. Qadir is a popular figure and had contested the Vikasnagar Assembly polls on a Bahujan Samaj Party (BSP) ticket in the 2007 Assembly elections and polled more than 8,000 votes. He later joined the BJP and being an educationist, was given a position of vice-chairman of the Muslim Education Mission, a state government body under then Chief Minister Ramesh Pokhriyal Nishank.  But that was long ago.

In his complaint to the police, Lt.Col. Abdul Qadir (retd) said that he had been running the school for the past many years. But trouble started on July 21, 2022, when the school management decided to call off the school at 12.30 on a Friday. The decision of the school management was criticised by some people and the school decided to take back the decision, seeking an apology if “anyone was hurt by such a decision”. The school management clarified that the decision was taken for the convenience of the staff and not for Friday ‘Jumma’ prayers, as alleged.

He further alleged in his complaint that Rakesh Tomar Uttarakhandi, along with his accomplices, continued a communal tirade against the school with an intention to cause a “communal riot by inciting people to gather at the school and to vilify the school through social media campaign.”

The retired Army officer stated that as a result of such a social media campaign against him, comments like “Is H****i ko G**li Mar do” were posted. On July 24, 2022, Rakesh Tomar Uttarkhandi, with alleged intention to cause harm to the owner and his school, gathered a mob but due to police presence, burnt an effigy of the school owner, as police looked the other way. Lt.Col Abdul Qadir (retd) has further alleged in his complaint that Rakesh Tomar Uttarakhandi sent a him message seeking a ransom of Rs. 10 lakh.

In his complaint in the court, the former Army officer said he had no idea that the alleged accused already had criminal cases registered against them. He alleged that the accused threatened him of “their reach on social media” and if he dared to complain against Uttarakhandi, he would “emerge as a hero” in the backdrop of Hindu-Muslim politics being played out in the hill state. The retired Army officer has sought action under Sections 419, 420, 467, 468. 471, 384, 120 B of IPC to be read with Section 67 of the IT Act.

The application in the local court was moved under Section 156 (3) of the Cr.Pc (criminal procedure code). He has also sought protection for him and his family under the given circumstances.

The Uttarakhand Police, despite filing a FIR on December 7, 2024, is yet to take any action against the accused.

Interestingly, Rakesh Tomar Uttarakhandi addressed media persons on Thursday evening and continued his tirade against the retired Army officer and his school, charging him of being “anti-Hindu” and “anti-national” and instead seeking action against him.

The writer is a freelancer based in Dehradun, Uttarakhand.

Courtesy: NewsClick

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Taliban, Women’s Equality and Hindutva Nationalism https://sabrangindia.in/taliban-womens-equality-and-hindutva-nationalism/ Sat, 14 Dec 2024 12:39:30 +0000 https://sabrangindia.in/?p=39171 Tavleen Singh is a well known columnist. In a recent column (Religiosity is sick, not Secularism, I.E. 8 December 2024) writes about the barring the women studying medicine in Afghanistan. She is correctly aghast at this retrograde step in Afghanistan by the ruling Taliban. She thinks the left liberals have an empathetic attitude towards Taliban […]

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Tavleen Singh is a well known columnist. In a recent column (Religiosity is sick, not Secularism, I.E. 8 December 2024) writes about the barring the women studying medicine in Afghanistan. She is correctly aghast at this retrograde step in Afghanistan by the ruling Taliban. She thinks the left liberals have an empathetic attitude towards Taliban as not many left liberals have not condemned this step. One is not sure whether this is the correct view of assessing the liberal view towards Taliban or ruling Iran (With similar attitude to women.) She is also critical of those who equate the policies and actions of Hindu Nationalists as being similar to those of Taliban.

It is true that the degree of intensity of the policies of these two, Hindu Nationalism and Taliban, are very different but if one digs deep into the issue one can see the basic similarities in these types of politics. The Taliban policies towards women, the attitude of many Gulf countries and Iran are similar but not exactly the same. No two countries express their policies on ditto lines. Still one can discern the similarities at the level of principles. This phenomenon, fundamentalism in these countries has come up mainly from the decade of 1980s, with Ayatollah Khomeini coming to power in Iran; he changed the social landscape drastically. While at superficial level fundamentalism means going to the fundamentals, it is not just that. Fundamentalism is an imposition of selected parts of religious traditions on the society through state power. Many times this is done even not by the government which is ruling; but by dominant political tendencies.

These impositions are most conservative, backward looking and oppressive not only to women but also to the other weaker sections of society. Fundamentalism always strengthens itself by creating an internal or external enemy. In most of the Gulf countries it is women which are the main target. At places “Satan” (devil) America is so presented as the main. To this enemy all the ills of society are attributed to. In that way the Fascism which developed in Germany in particular shares this trait with fundamentalism, where Jews were labeled as cause of Germany’s ills and were targeted to the extent of Genocide, to strengthen the power of the leader, who was supreme in the state.

The traits of fundamentalism and fascism are also seeing some overlap. In Germany, women were dictated to be the beings whose role is in ‘Kitchen, Church and Children’. Depending on different countries these roles are patterned on similar lines, even in fundamentalism.

Hindu Nationalists’ most overt attack is on the Muslims (and lately Christians also). We have witnessed horrific communal violence increasing in quality and quantity over the last few decades. Beginning from the ghastly tragedy of demolishing a Mosque in Ayodhya and the consequent violence now questioning the existence of mosque is proliferating like a malignant cancer. In addition there is cow-beef lynching becoming the order of the day. Cow vigilantes are proliferating dime a dozen. The word Jihad to target the Muslim minorities has picked up and starting from love jihad, corona jihad to now land jihad has been added to the ever proliferating list!

No doubt compared to the targeting of Muslims the other implications of this fundamentalism get dwarfed in India, though they are very much similar. As far as women are concerned the Sati system has been prohibited, the last one being that of Roopkawar in the 1980s. In the Bhavari Devi case the upper caste rapist were released with the honorable Court opining that how can the upper caste accused be raping a low caste women! That’s the reflection of prevalence of caste system.

If we analyze the attitude of Hindu nationalist policies, the very notion of love jihad is very much anti women. This gives the handle to the male members of the family, to keep a watch on ‘their’ girls. The Same tendency which has been opposing the love jihad is opposed to the wearing of jeans by girls. The attitude regarding violence is best reflected in the Bilkis Bano case, where those found guilty of rape and murder were honored once they got relapsed. Mercifully they are back in jail to serve the sentence. A woman professor from Goa who wrote that Mangal Sutra is like a chain for women was hounded badly. To cap it all at theoretical level Manu Smiriti is eulogized as the ideal to be followed.

Calling all this as Hindu religiosity as she calls the present offensive of Hindu nationalists is very much off the mark. She herself cites the example of three Muslims being beaten with slippers to shout Jai Shree Ram. Here labeling all this in the category of religiosity hides the commonality of all this as having its similarity with fundamentalism. Calling Muslim fundamentalism as jihadi Islam falls too short and away from the commonalities, which is prevailing in many countries. It prevails in Egypt and many other countries as Muslim Brotherhood. Then there is the Ayatollah regime in Iran.

Hindu religiosity is practiced by millions of Hindus, who have been living with people of other religions for centuries, making India a really plural, diverse country. What began as an ideology articulated by Savarkar and Golwalkar is the base on which the present actions and policies of Hindu nationalism stand. These were totally opposed to Indian Nationalism which emerged as the part of anti colonial struggle. The greatest Hindu of the twentieth century, Mahatma Gandhi had to take three bullets on his chest for standing as a Hindu standing for plural India.

Singh is right in detesting this ‘religiosity’ but she needs to delve deep to understand this is the same pattern which ‘Jihadi Islam’ and Islamic Fundamentalists followed. Here politics derives its legitimacy from religion and mauls the society under the clothing of religion. And that is precisely what is going on in India today, be it the claim over most of the mosques, or use of bulldozers or to beat the Muslim Children in the class a la Tripta Tyagi of locking the child in the store for bringing non vegetarian food in the school, or beating the girls coming out from a pub in Mangalore!


Disclaimer: The views expressed here are the author’s personal views, and do not necessarily represent the views of Sabrangindia


Also Read:

Sambhal Mosque, Ajmer Dargah: how deep do we plunge into the abyss?

Promoting love or instilling hate and fear

Restating the agenda of Hindu Rashtra: RSS chief sets the tone for BJP politics

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Taking Care of Children of Migrant Workers https://sabrangindia.in/taking-care-of-children-of-migrant-workers/ Fri, 13 Dec 2024 05:13:40 +0000 https://sabrangindia.in/?p=39154 A significant number of residents of Bhaggupurva hamlet in Nagnedi panchayat (Banda district) of Uttar Pradesh) migrate regularly from the village as they cannot earn their subsistence in the village. While some of them leave with their children, others leave their small children with their grandparents. As these elderly persons can barely look after their […]

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A significant number of residents of Bhaggupurva hamlet in Nagnedi panchayat (Banda district) of Uttar Pradesh) migrate regularly from the village as they cannot earn their subsistence in the village. While some of them leave with their children, others leave their small children with their grandparents.

As these elderly persons can barely look after their own needs, these children get neglected. They do not go to school and roam around aimlessly. Tragedy struck twice recently as three such children of this hamlet were drowned, two in a pond and one in a canal. This caused widespread distress in the hamlet.

Urmila, a deeply sensitive dalit woman of this village was already involved with a voluntary organization Vidya Dham Samiti (VDS). With its help she decided to open an informal school in which these children could come get some education and care.

For over a year now she has been teaching these children for about two hours per day. Depending on the migration cycle, the number of children who attend this school can range from 20 to 35. The school hours were 4 to 6 earlier but with the onset of winter have been changed from to 3 to 5.

Urmila is one of the very few women here who is a graduate. She divides children according to age group and teaches them the basics of English, Hindi and Math. Saturday being sports day is eagerly awaited. Keeping in view the recent tragedies, children are alerted regarding safety precautions. They also learn about good health and hygiene.

Urmila has not yet been able to arrange a room or properly covered place for her small school, so rainy days sometimes become off days while occasionally someone provides a covered place. She hopes that some more durable solution can be found soon.

Meanwhile Urmila has already succeeded in integrating some of her students in the mainstream school, although problems caused by the frequent migration of their parents will persist.

Urmila gets a lot of affection from children, as is evident from the fact that those going to the mainstream school still insist on coming to her school too. Urmila does not believe in punishing children. When these children or their grandparents experience any serious health or other problems, Urmila tries to arrange some help from neighbours, or from VDS and its sister organization Chingari.

Several such schools have been started by VDS without having any project support for this by raising small donations. These can play a particularly important in villages where migration levels are high, or where there are very high levels of poverty and the nearest school is some distance away and the path is not safe. Such informal schools may not be adequate for meeting educational needs, but these fulfil an important need. To explore various options, in one such school nutrition is also provided, despite the difficulties faced in this due to the non-availability of any project funds.

For the school in Missouri village a beautiful small bamboo room has been created near a lotus pond for the children who assemble here for about two hours every day for education. Here some nutrition is also provided on daily basis. Jitendra, the teacher in this school, is a talented youth of this village. One of his arms was crushed in an accident, but several people say that this accident was deliberately caused by a dabang (ruthless person) of the village who was angry with Jitendra for being assertive. Jitendra remains very quiet but his mother was very agitated when I spoke to her. Jitendra is very committed to teaching children, even though only a small honorarium could be arranged for him. Coming to meetings and inter-acting with many people has given him a new confidence and he has also re-joined his own education along with teaching children.

Even at a very small scale, such efforts have given heart-warming results which testify to the eagerness of children themselves to have at least some access to education. One hopes that with more support becoming available, these efforts will be able to expand and improve in the near future.

Bharat Dogra is Honorary Convener, Campaign to Save Earth Now. His recent books include Protecting Earth for Children, Man over Machine and A Day in 2071.  

Courtesy: CounterCurrents.org

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“Civil courts can’t run a race with the Supreme Court” says SC Bench while putting a stay on orders for surveys on Places of Worship https://sabrangindia.in/civil-courts-cant-run-a-race-with-the-supreme-court-says-sc-bench-while-putting-a-stay-on-orders-for-surveys-on-places-of-worship/ Thu, 12 Dec 2024 14:16:42 +0000 https://sabrangindia.in/?p=39151 In a significant intervention, the Supreme Court directs trial courts to refrain from registering new suits and passing any effective orders, including surveys, in cases challenging the religious character of places of worship pending the challenge to the Places of Worship (Special Provisions) Act of 1991

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In a significant order on December 12, the Supreme Court directed trial courts across the country to refrain from registering new suits or passing effective orders, including survey orders, in cases challenging the religious character of existing structures. The bench, led by Chief Justice of India Sanjiv Khanna and comprising Justices PV Sanjay Kumar and KV Viswanathan, emphasised that such proceedings violate the Places of Worship (Special Provisions) Act of 1991. This law prohibits altering the religious character of places of worship as they stood on August 15, 1947.

The Court’s intervention comes amidst a rising tide of petitions and suits challenging the status of religious sites, many of which are medieval mosques and shrines. A recent survey order by a trial court regarding the 16th-century Sambhal Jama Masjid in Uttar Pradesh escalated communal tensions, culminating in violent clashes that claimed four lives in November.

Legal proceedings and court’s directions 

The Supreme Court heard a batch of petitions challenging the constitutional validity of the Places of Worship (Special Provisions) Act, which protects the religious character of places of worship. The lead petition, filed by advocate Ashwini Kumar Upadhyay in 2020, questioned the Act’s validity, asserting that it violates the constitutional rights of Hindus to reclaim religious sites they claim were originally temples. The petitioners contend that the Act unjustly prevents a legal examination of historical wrongs. Several other similar petitions, as well as recent intervention applications by political parties such as the CPI(M), DMK, and Indian Union Muslim League, have sought to uphold the Act, emphasising its role in safeguarding India’s secular fabric and preventing religious polarisation.

The bench unequivocally directed that no fresh suits challenging the religious character of places of worship should be registered, nor should trial courts proceed with existing ones. This includes halting orders for surveys or any interim or final decisions until further orders are issued by the Supreme Court. However, the Court did not stay the proceedings of ongoing suits, such as those concerning the Gyanvapi Mosque in Varanasi, Shahi Idgah in Mathura, and the Sambhal Jama Masjid, where the Muslim parties have challenged the maintainability of these suits by invoking the 1991 Act.

“As the matter is sub-judice before this Court, we deem it appropriate to direct that while suits may be filed, no suits would be registered and proceedings undertaken till further orders of this Court. We also direct that in the pending suits, the Courts would not pass any effective interim orders or final orders, including orders of survey till the next date of hearing,” the bench stated.

The Union Government, which has faced repeated extensions, was ordered to file its counter-affidavit within four weeks. The Court directed that the affidavit be made publicly accessible to ensure transparency. The Court appointed Advocates Kanu Agarwal, Vishnu Shankar Jain, and Ejaz Maqbool as nodal counsel to compile submissions from the government, petitioners, and those defending the Act. Additionally, the Court granted petitioners four weeks to file rejoinders after the Union’s response

Court’s observations on the 1991 Act and pending proceedings

During the hearing, Justice Viswanathan highlighted the critical nature of the issues at stake. He pointed out that the 1991 Act essentially reaffirmed constitutional principles and that civil courts should not proceed with matters that are sub judice before the Supreme Court. Justice Viswanathan stressed that the legal question concerning the constitutionality of the Act is of paramount importance, and trial courts should not engage in passing orders that could pre-empt the Supreme Court’s decision.

Referring to SG Tushar Mehta, Justice Vishwanathan said “Mr SG, plea challenges the constitutionality of the Act…there is a larger question…one of the arguments you have to meet…S.3 one view is it is only an effective reiteration of already embedded constitutional principles…Civil courts can’t run a race with the Supreme Court. That is why there has to be a stay. You have a judgment of 5 judges…”

The Court also refused to grant a stay on the proceedings in the suits already filed, noting that it was not appropriate to stop the legal process entirely. However, it firmly restrained the courts from passing any orders that would further affect the status quo of places of worship involved in these disputes.

Surge in petitions and communal tensions

The rising number of petitions challenging the status of religious sites has been a cause of significant concern. As provided by the respondents in the Court today, there are currently 18 suits pending in the country involving 10 religious structures, including prominent mosques and dargahs such as the Gyanvapi Mosque, Shahi Idgah, and the Ajmer Dargah. These cases, filed largely by Hindu groups, assert that these mosques and shrines were built on the site of demolished temples and demand legal actions to reclaim them.

The legal disputes over these sites have been the catalyst for increased communal tensions, with survey orders and court hearings often sparking protests and violence. The violence in Sambhal following the survey of a mosque there in November 2023 is a stark example of the volatile nature of such legal battles. The Supreme Court’s order today, which halts further suits and survey orders, is aimed at curbing this cycle of escalating communal unrest. (the reports can be read here, here and here.)

Context and broader implications

The 1991 Act was introduced to prevent the conversion of the religious character of places of worship, with an exception only for the Babri Masjid site, which was the subject of the Ayodhya dispute. The Act, which has been subject to increasing challenges, seeks to ensure that no new legal disputes are initiated over the status of religious places, especially those with historical significance, as of August 15, 1947.

The significance of today’s judgment is not just in its immediate impact on ongoing cases but also in the broader political and legal implications. The rising number of petitions seeking surveys, often linked to the assertion of Hindu claims over mosques and dargahs, is a troubling trend for communal harmony. The Supreme Court’s intervention serves as a crucial safeguard, ensuring that the legal process does not fuel further religious conflicts.

By issuing this directive, the Court has reaffirmed its role as the final arbiter in matters that threaten the secular fabric of the nation. This decision has far-reaching consequences, as it not only impacts the 18 current suits but also sends a clear message about the need for judicial restraint and constitutional respect in religious disputes. The outcome of the challenge to the 1991 Act will undoubtedly shape future discourse on the intersection of law, religion, and communal harmony in India.

Related:

Jaunpur’s Atala mosque has moved HC against local court order directing filing of suit claiming it was ‘ancient Hindu temple’

Sambhal Mosque, Ajmer Dargah: how deep do we plunge into the abyss?

Sambhal’s darkest hour: 5 dead, scores injured in Mosque survey violence as UP police face allegations of excessive force

Conspiracy or Coincidence? Mosques defaced in March after spate of hate speeches provoking the crime weeks before

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M’tra: Is the protest against ‘EVM system’ and irregular electoral practices is gaining momentum? https://sabrangindia.in/mtra-is-the-protest-against-evm-system-and-irregular-electoral-practices-is-gaining-momentum/ Sat, 07 Dec 2024 14:28:38 +0000 https://sabrangindia.in/?p=39100 'We are Hiwarkhedkar', an all-party organisation's silent protest and spontaneous response to Prakash Pohare's appeal

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Hiwarkhed: Responding to the appeal of social activist and editor-in-chief of Dainik Deshonnati Prakash Pohare, a peaceful and silent protest ‘Remove EVMs, Save Democracy’ was organised by Hiwarkhed’s all-party forum, ‘Hum Hiwarkhedkar’ at the historic Sampatrao Bhopale Chowk of Hiwarkhed town on December 5. The protest received an encouraging response.
On Thursday, December 5, from 1 to 3 p.m., 692 men and women participated in the peaceful dharna movement at Bhopale Chowk by voters of various parties, organization representatives and women voters to save democracy.

Questions included, ‘If elections are held on ballot papers in most developed countries of the world, then why not on ballot papers in India?;’ ‘Why are doubts regarding EVMs not being cleared?’ In the afternoon, citizens discussed the issue with experts on the subject. Shyamshil Bhopale, the organiser of the ‘EVM Hatav, Loktantra Bachao’ movement, has been given a notice by the Hiwarkhed police under Section 168 of the Bharatiya Nyaya Samhita. Gajanan Rathod of Hiwarkhed Police Station personally visited the said silent dharna and issued a notice to the organiser Shyamsheel Bhopale under Section 168 of the BNS. But peaceful protests by voters and citizens were directly monitored and no case was registered.

The importance of the venue

The location of the protest, at the square (chowk) named after historic freedom fighter and patriot Sampatrao Bhopale Chowk of Hiwarkhed is that it was at this spot –Bhopale Chowk—that the movement to compel Britishers (colonial powers) to leave had begun, the famed Bartanda movement led by the late V. R. Korpe. Similarly more recent movements for better prices to cotton farmers were also launched here. Similarly, on Thursday, the EVM removal movement “Hum Hivarkhedkar” silent movement was successfully launched and conducted.


‘EVM hatao’ protesters


Poster of ‘EVM Hatao’ Protest


Letter of protesters


Police Notice served on protesters

Related:

Markadwadi, Pune, Sholapur, Akola, are protests against ECI mounting in Maharashtra?

Congress raises alarm over manipulated voter rolls in Maharashtra Assembly elections

Congress alleges anomalous voter turnout surge in Maharashtra Assembly Elections 2024 in memorandum submitted to ECI

Vote for Democracy (VFD) releases report on the conduct of General Election 2024

 

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Jaunpur’s Atala mosque has moved HC against local court order directing filing of suit claiming it was ‘ancient Hindu temple’ https://sabrangindia.in/jaunpurs-atala-mosque-has-moved-hc-against-local-court-order-directing-filing-of-suit-claiming-it-was-ancient-hindu-temple/ Sat, 07 Dec 2024 11:26:09 +0000 https://sabrangindia.in/?p=39118 The Atala Mosque, constructed in the 1400s is being challenged by one Swaraj Vahini Association who had filed a suit in a local civil court in May 2024 alleging the property was originally the Atala Devi Mandir.

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The managing committee of the Atala mosque in Uttar Pradesh’s Jaunpur has moved the Allahabad High Court challenging a local court’s order directing the registration of a lawsuit by the Swaraj Vahini Association in representative capacity. Live Law has reported these developments on December 6. The suit reportedly claims that the mosque was originally an ancient Hindu temple.

Challenging the suit on technical grounds, the mosque committee argued before the High Court that the petitioner is a society registered under the Societies Registration Act, and therefore, not a “juristic person” under law who can engage in legal action of this nature. A juristic person is a legal entity that is treated as a person.

The mosque authorities have also argued that the property in question has always been a mosque since its construction in 1398 and that it has never been in the possession of followers of any other religion, nor do they have any title over the same.

The original suit was filed by the Swaraj Vahini Association in May before the Jaunpur Civil Court sought that the property be declared as a temple and that followers of the Sanatan religion have the right of worship therein. Sanatana Dharma is a term some people use as a synonym for Hinduism. The association had also sought a direction that would restrain non-Hindus from entering the premises.

The challenge has claimed that Raja Vijay Chandra built the Atala Devi temple in the 13th century, where Hindu rituals such as puja, sewa and kirtan were performed. Besides, in its own version of history the Swaraj Vahini claims that the temple was demolished during the rule of Firuz Shah Tughlaq in the second half of the 14th century, allowing for the construction of the mosque, the association claimed.

On July 25, a court-appointed team had reached the site to conduct a survey but had to return because the gates were closed, Dainik Bhaskar had reported. Ever since the parliamentary wing of the Rashtriya Swayam Sevak Sangh (RSS) assumed state power in 2014 in Delhi and then in 2017 in Lucknow, several such disputes of similar nature have come to the fore in recent weeks.

On November 24, violence even broke out in Uttar Pradesh’s Sambhal after a group of Muslims objected to a court-ordered survey of the Shahi Jama Masjid in Chandausi town. A trial court had ordered the survey in response to a suit claiming that the mosque had been built in 1526 by Mughal ruler Babar on the site of the “centuries-old Shri Hari Har Temple dedicated to Lord Kalki”. Police behaviour has come in for sharp criticism as five innocent persons were killed in the violence during the survey. Days later, on November 27, a Rajasthan court also admitted a petition claiming that the shrine of 13th-century Sufi saint Khwaja Moinuddin Chishti in Ajmer was built over a Shiva temple.

Atala Masjid or Atala Mosque is a 14th-century mosque in Jaunpur, Uttar PradeshIndia. It is located 399 metres at a distance away from Shahi Qila fort and one km away from the Jama Mosque says Wikipedia. Rebowned for its arches and architecture, William Hodges made a sketch of the mosque when he visited Jaunpur, and included it in his book Selected Views in India, Drawn on the Spot, in the Years 1780, 1781, 1782 and 1783, and Executed in Aqua Tinta

Related:

Sambhal Mosque, Ajmer Dargah: how deep do we plunge into the abyss?

Rising Tensions: Muslim Religious Sites face renewed attacks, demand for survey in Delhi’s Jama Masjid and Hanuman Chalisa

Safeguarding our shrines

How the Ajmer Shrine Brings Alive the Spirit of Ramzan & Islam

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