Madhya Pradesh | SabrangIndia News Related to Human Rights Wed, 30 Jul 2025 13:40:13 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Madhya Pradesh | SabrangIndia 32 32 Resignation in Protest: MP woman judge quits over elevation of senior she accused of harassment and discrimination https://sabrangindia.in/resignation-in-protest-mp-woman-judge-quits-over-elevation-of-senior-she-accused-of-harassment-and-discrimination/ Wed, 30 Jul 2025 13:40:13 +0000 https://sabrangindia.in/?p=43019 In a powerful act of protest, Judge Aditi Gajendra Sharma resigns after the elevation of a senior she accused of caste-based harassment, calling out the judiciary’s silence, systemic bias, and betrayal of its own ideals

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In a searing act of protest, Madhya Pradesh woman judge Aditi Gajendra Sharma has tendered her resignation, accusing the judiciary of institutional betrayal following the elevation of a senior district judge—Rajesh Kumar Gupta, whom she had earlier accused of caste-based harassment, abuse of authority, and systemic retaliation. Her resignation letter, filled with powerful language and an unmistakable tone of anguish and disillusionment, indicts the judiciary for failing to protect one of its own.

The resignation comes a day after the union government, on July 29, 2025, notified Gupta’s appointment as a judge of the Madhya Pradesh High Court for a two-year term. This appointment was made despite Sharma’s formal representations to the Supreme Court Collegium, the President of India, the Ministry of Law and Justice, and the Chief Justice of the MP High Court, opposing his elevation. Sharma had submitted that Gupta had subjected her to continued humiliation, discrimination, and casteist behaviour when he was her administrative superior.

A resignation letter that reads like an indictment

In her resignation, accessed and reported by The Print, Sharma declared she was resigning with the “ache of betrayal — not at the hands of a criminal or an accused, but at the hands of the very system I swore to serve.” She described being subjected to “unrelenting harassment, not merely of the body or the mind, but of my dignity, my voice, and my very existence as a woman judge who dared to speak up.”

Rejecting the notion that her resignation was an act of personal defeat, Sharma wrote, as reported by Hindustan Times, “I am resigning from judicial service, not because I failed the institution, but because the institution has failed me.” Her words were not just personal; they carried an institutional warning: “Let this letter haunt the files it enters. Let it whisper in the hallways where silence once reigned.”

Allegations ignored, harassment unchecked

Sharma’s allegations were not anonymous, nor unsupported. As The Print and Hindustan Times both confirm, she made detailed and documented complaints against Gupta—including incidents of public humiliation, caste-based insults, and interference in her professional assessments. She alleged that Gupta and his wife not only demeaned her, but also sought to control her social interactions, particularly objecting to her friendship with their daughter.

In her petition before the Supreme Court, filed earlier this year, Sharma accused Gupta of abusing his administrative position to downgrade her performance ratings and creating a hostile work environment during her tenure as a trainee judge. The harassment, she claimed, extended to personal insults and attempts to damage her reputation.

Yet, despite multiple representations, Sharma states there was no inquiry, no notice, no opportunity to be heard—a complete abandonment of even the most basic tenets of natural justice. “The same judiciary that sermonizes about transparency from the bench failed to even follow the basic tenets of natural justice within its own halls,” her letter reads, as per The Print.

A troubling elevation amid allegations

Notably, Gupta’s elevation had previously been blocked by the Supreme Court Collegium in 2023, headed by then CJI D.Y. Chandrachud, after it received Sharma’s and other complaints. The file was returned to the Madhya Pradesh High Court for further inquiry. However, after what appears to be a perfunctory probe, where Sharma was never even called to testify, according to The Print, Gupta was given a clean chit and his name re-sent for reconsideration in April 2025.

ThePrint also reported that Gupta faced multiple complaints from other judicial officers, including a Dalit judge who accused him of casteist harassment, and another senior judge who alleged intimidation and derogatory remarks about High Court judges. None of these complaints, Sharma notes in her resignation, were adequately investigated.

Supreme Court had earlier reinstated Sharma

In February 2025, Sharma won a significant legal victory when the Supreme Court set aside her 2023 dismissal, calling it “punitive, arbitrary and illegal.” A bench led by Justice B.V. Nagarathna noted that her appraisal had ignored critical factors, including a miscarriage and long COVID-related complications. The judgment emphasised institutional responsibility in supporting women judges, particularly during health crises or maternity.

Yet even after her reinstatement, Sharma said she continued to face subtle retaliation, including an “advisory” from the HC to mend her behaviour. Her attempts to convert her earlier complaint into a formal grievance were met with silence.

A system that rewards power, not truth

Throughout her letter, Sharma reiterates that her protest is not about revenge, but about accountability. “. Shri Rajesh Kumar Gupta who orchestrated my suffering was not questioned – was rewarded. Recommended. Elevated. Given a pedestal instead of a summons. Shri Rajesh Kumar Gupta the man I accused not lightly, not anonymously, but with documented facts and the raw courage only a wounded woman can Summon was not even asked to explain. No inquiry. No notice. No hearing. No accountability—is now titled Justice, a cruel joke upon the very word,” she wrote, as per ThePrint.

In a scathing indictment of the collegium system, she warned that rewarding impunity sends a chilling message to other whistleblowers within the judiciary. “In that silence, I saw the brutal truth of our times that integrity is optional, power is protection, and those who speak the truth are punished more severely than those who violate it,” she wrote. “The same institution that teaches equality before law handpicked power over truth.”

Senior Advocate Indira Jaising: A structural betrayal

Senior Advocate Indira Jaising, who represented Sharma in her SC challenge against dismissal, told ThePrint: that this is not the first time she was dealing with a case where a woman judge has been forced to resign. She added: “As she said, ‘the judiciary’s daughters’ have been let down by the judiciary itself. I agree. There is something very wrong with the process of appointing judges of the high court behind closed doors. Surprisingly, the judiciary and the government are on the same page”

Jaising argued that closed-door appointments without adequate scrutiny of complaints were symptomatic of institutional decay. She said, “We lost a very good judicial officer with an unblemished record of service. She won in the judicial side but lost on the administrative side.”

A call for institutional introspection

Sharma’s resignation is not merely a personal exit—it is a formal indictment of the judiciary’s failure to uphold its own principles. She closes her letter with piercing words:

“I leave now, with wounds that no reinstatement, no compensation, no apology will ever heal—but also with my truth intact. Let this letter haunt the files it enters. Let it whisper in the hallways where silence once reigned. Let it live longer than the reputations hastily protected, and the wrongs quietly buried. 

I sign off not as an officer of the court, but as a victim of its silence. 

Where were the rules then? Where was the revered transparency then? 

You refused to protect one of your own. 

You refused to uphold the principles you preach. 

You refused to be just where it mattered the most. 

And if this does not shake your conscience, then perhaps the rot runs deeper than we dare admit.

I leave this institution with no medals, no celebration, and no bitterness—only the bitter truth that the judiciary failed me. But worse—it failed itself. 

This letter of resignation is not closure. It is a statement of protest. Let it remain in your archives as a reminder that there once was a woman judge in Madhya Pradesh who gave her all to justice, and was broken by the system that preached it the loudest. 

And if even one judge, one registrar, one member of the Collegium reads this and feels unease then perhaps, my voice has done more justice than my robe ever could.”

Her act—bold, painful, and unflinchingly honest—now stands as a testament to how women in the judiciary are treated. It raises deeply troubling questions about the integrity of appointments, the erasure of women’s voices in power structures, and the danger of silencing dissent through procedural opacity.

Related:

Beed to Delhi: Lawyer beaten in Maharashtra, judge threatened in Delhi—what the path for justice means for women practioners in today’s India

When Courts Fail Survivors: How patriarchy shapes justice in sexual offence against women cases

Surviving Communal Wrath: Women who have defied the silence, demanded accountability from the state

‘We are considered servants, not humans’: Women of Jai Bhim Nagar reveal the violence of domestic work

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Police, Bajrang Dal and the Making of Anti-‘Love Jihad’ Squad in Madhya Pradesh https://sabrangindia.in/police-bajrang-dal-and-the-making-of-anti-love-jihad-squad-in-madhya-pradesh/ Tue, 10 Jun 2025 05:50:48 +0000 https://sabrangindia.in/?p=42099 A Bhopal gym turns into a flashpoint as cops and Hindutva groups push communal claims, banning Muslims, in the name of ‘love jihad’.

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Bhopal: After a series of videos emerged showing Madhya Pradesh police publicly parading crime accused forcing them to chant slogans like “Police hamari baap hai (police is our father)” and “Gaai hamari mata hai (cow is our mother)”, now, a new video from Bhopal shows a police officer – on camera, in uniform – warning Muslims to stay out of a gym, raising fresh concerns over the police’s involvement in promoting communal narratives.

The controversy, this time, centres on sub-inspector Dinesh Shukla, who is seen sitting with Bajrang Dal members in a purported video addressing people inside a gym, stating, “Yahan koi bhi Mohammadan na ayega, na training lene ayega, na training dene ayega. Meine keh diya (No Mohammedan will come here, neither to take training nor to give it. I have said it).”

SI Shukla, in a widely circulated video, appears to enforce an informal ban on the presence of Muslim men in public spaces like the gym, reflecting the language used by right-wing groups who push the ‘love jihad’ conspiracy theory. While the sub-inspector has been line attached, his presence, alongside self-declared vigilantes, has raised serious questions about the narrowing gap between law enforcement and ideological policing in Madhya Pradesh.

Slogans, raids and threats in the name of honour

Hindutva vigilantes have been increasingly targeting Muslim individuals in the state under the pretext of “love jihad”. The term lacks any legal basis but is still used to allege that Muslim men lure Hindu women into romantic relationships to convert them to Islam.

The Madhya Pradesh Police recently also formed a special investigation team (SIT) to probe allegations of forced religious conversions linked to a rape case.

Ayodhya Nagar police station station house officer (SHO) Mahesh Lilhare confirmed to The Wire that the incident took place on May 28 following a visit by members of Hindutva organisations to the gym. He said that the matter is under investigation, but the video that is circulating seems to be edited.

However, in another video from a gym in Bhopal, men associated with Hindutva organisations can be seen barging into the gym while shouting slogans like “Jai Shri Ram” and “Love jihad karne walon ko, joote maaro saalon ko (Beat up those who do love jihad).”

One of the men, who is also seen in the other video with SI Dinesh Shukla, is seen advising the gym management, asking, “Ladkiyon ko training kaun deta hai (Who trains the girls)?”

He continues, “Aap ek cheez dhyan rakho, agar love jihad ka case aapke gym mein ek bhi aata hai to uske zimmedar aap rahoge (Keep one thing in mind, if even one love jihad case comes up from your gym, you will be held responsible).”

The Wire cannot confirm the authenticity of video.

The man adds, “Hamara ek nivedan hai aapse, Hindu ladkiyon ke liye Hindu trainer hi rakhoge (We request you to appoint only Hindu trainers for Hindu girls).”

He is further heard saying, “Hamara main maqsad hai apni behen-betiyon ko love jihad se bachana (Our main aim is to protect our sisters and daughters from love jihad).”

Referring to past incidents, he adds, “Jis prakar ka kratya Indore mein hua, TIT College mein hua – love jihad nahi chalega (What happened in Indore, at TIT College – love jihad won’t be tolerated),” ending it with the slogan, “Love jihad murdabad (Down with love jihad)”.

A shared vocabulary of hate

According to the 2024 India Hate Lab report, nearly half of all recorded hate speeches, around 581 incidents, referred to conspiracy theories. Among the most common were terms like “love jihad,” “land jihad,” “population jihad,” “thook (spit) jihad,” and “vote jihad.”

SHO Mahesh Lilhare said, “There was a complaint from Hindutva organisations alleging that non-Hindu gym trainers were using Hindu names with the intent of carrying out love jihad or religious conversion. Several organisation members gathered, and our staff accompanied them to the gym. The name of the gym is still unknown, but we are contacting the girls to verify the details. We spoke to the sub-inspector in question, who denied making such a statement, saying the video was clipped. We have taken cognisance of the video and are investigating whether it is authentic or edited.”

He further stated that the police have no intention of acting against any caste or community. “Any action will be taken strictly according to rules and regulations, based on the outcome of the investigation. The police do not represent any religion or group. We are doing our job, as mandated under the IPC, CrPC, BNS and BNSS. Any language or terminology we use is strictly in line with legal provisions.”

While the police stress neutrality and adherence to legal procedures, the term “love jihad” has steadily seeped into public discourse, used freely by both political leaders and sections of the media.

Bhopal MP Alok Sharma was quoted as saying, “We are making a list and will be submitting it to the police. The police will do their work, the law will do its job, and in Madhya Pradesh, under Dr Mohan Yadav’s government, no one has permission to indulge in love jihad or land jihad. The law will take strict action against such people.”

This is not the first time Sharma has made such remarks. Recently, he publicly demanded sterilisation as a punishment for those allegedly involved in love jihad. In a similar aggressive rhetoric, Madhya Pradesh minister Vishwas Sarang had earlier said that such individuals should be shot in the chest.

Last month, a resident of Bhopal filed a petition in the Madhya Pradesh high court against the use of the term “love jihad” by major Hindi dailies accusing them of giving a communal angle to a rape case, and in doing so, linking the crime to entire Muslim community.

Advocate Deepak Bundele told The Wire that the matter will be heard on June 19.

Courtesy: The Wire

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“Shielding their own”: Supreme Court slams Madhya Pradesh police, transfers custodial death probe of a tribal man to CBI https://sabrangindia.in/shielding-their-own-supreme-court-slams-madhya-pradesh-police-transfers-custodial-death-probe-of-a-tribal-man-to-cbi/ Wed, 21 May 2025 04:37:34 +0000 https://sabrangindia.in/?p=41843 In a scathing judgment, the Court denounces State inaction, delays, and intimidation of the sole eyewitness, reinforcing the constitutional demand for impartial investigation and institutional accountability

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In a verdict that cuts to the heart of India’s continuing struggle with custodial violence and institutional impunity, the Supreme Court of India, on May 15, 2025, delivered a powerful indictment of the Madhya Pradesh Police for their role in the alleged custodial torture and death of 25-year-old Deva Pardhi, a young tribal man from Guna district. The bench, comprising Justice Sandeep Mehta and Justice Vikram Nath, found serious lapses in the conduct of the State police—ranging from obstruction of justice, inaction despite incriminating evidence, and apparent attempts to protect the accused officials.

At the heart of the case lies a disturbing sequence of events: a young tribal man taken from his own wedding ceremony by police officers, subjected to alleged third-degree torture, and found dead in custody; followed by delayed and diluted FIR registration, an ambiguous post-mortem, and retaliatory criminal cases against the sole eyewitness. The State’s response—marked by delays, lack of arrests, and superficial disciplinary action—led the Court to conclude that the investigation was neither fair nor credible.

The judgment is a strong reaffirmation of the constitutional requirement for independent, impartial, and transparent investigation, especially when State agents are themselves under suspicion. It underscores the Supreme Court’s commitment to upholding due process, witness protection, and accountability in custodial deaths, while reinforcing that the rule of law cannot be compromised by institutional camaraderie.

Factual background

The case emerges from a gruesome incident of custodial torture that took place in July 2024. Deva Pardhi, a tribal man from Guna district, Madhya Pradesh, was preparing for his wedding. On July 13, while the Haldi ceremony was underway, a team of around 30–40 police personnel stormed the premises, assaulting family members—including women and children—and arresting Deva along with his uncle Gangaram Pardhi.

They were taken not to the new police station equipped with CCTV cameras but to an older facility, allegedly to avoid surveillance. At the station, both men were subjected to severe third-degree torture. According to Gangaram’s account, Deva was:

  • Beaten with ropes,
  • Doused with hot water, petrol, salt, and chili powder,
  • Suspended upside down from the ceiling,
  • Suffocated with water.

Eventually, after three hours of this treatment, Deva collapsed and was moved to a hospital where he was declared dead on arrival.

Delayed and diluted FIR: The family of the deceased attempted to register an FIR immediately, but were obstructed by the local police. Only after a Magisterial Inquiry was completed, was FIR No. 341/2024 registered—eight days later. Even then, crucially, the charge of culpable homicide amounting to murder (Section 302 IPC) was excluded, and less serious offences under the Bharatiya Nyaya Sanhita, 2023 (BNS) were invoked:

  • Section 105: Culpable homicide not amounting to murder,
  • Section 115(2): Voluntarily causing hurt,
  • Section 3(5): Joint criminal liability,
  • Section 120: Voluntarily causing hurt to extort confession,
  • Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

Despite these charges, no arrest was made in eight months—a fact that became central to the Court’s conclusion of deliberate institutional shielding.

Eyewitness targeted: Gangaram Pardhi, the only eyewitness to Deva’s custodial torture and death, was illegally detained beyond 24 hours, remanded to custody, and then systematically implicated in at least four more criminal cases:

  • FIR 247/2024 (Dharnawada),
  • FIR 489/2023 (Dharnawada),
  • FIR 434/2023 (Jaora),
  • FIR 87/2023 (Chippabarod).

His bail plea was rejected by the Madhya Pradesh High Court, which, however, acknowledged the threat perception he faced and ordered his transfer from Guna District Jail to Gwalior Central Jail.

Medical evidence muzzled by influence: Post-mortem results revealed multiple abrasions and contusions. However, instead of ascribing cause of death to physical injuries, doctors later opined that Deva died of vasovagal shock leading to heart failure. The Court cast serious doubt on the credibility of this conclusion, noting that:

  • The Medical Board failed to opine on cause of death despite clear injuries,
  • The delay and change in findings suggested direct police interference.

This aspect was described as a symptom of a much broader institutional malaise, wherein even forensic medical systems are suborned by police influence.

Judicial censure from the bench during the April 29 hearing

The Supreme Court’s hearing on April 29, 2025, preceding the final judgment, was marked by a series of extraordinarily candid and stern oral observations by Justice Sandeep Mehta, laying bare the judicial frustration with the State’s apparent unwillingness to take decisive action against the police officials implicated in Deva Pardhi’s custodial death.

When Additional Solicitor General Aishwarya Bhati, representing the State of Madhya Pradesh, informed the bench that the two key officers had merely been transferred to line duty, Justice Mehta expressed serious displeasure, questioning the sincerity and seriousness of the State’s response. As per the report of LiveLaw, he criticised the administrative tokenism in lieu of criminal accountability, calling it a blatant instance of institutional favouritism.

“Great response to a case of custodial death! What better example of favouritism, shielding your own officers. Would you like yourself to be appointed as amicus or appointed on behalf of CBI to take over the case? Rather than representing the State police. Ridiculous and inhumane approach. Absolutely. Man dies in your custody and it takes you 10 months to lay hands on your own officers. Why did you send them to line duty? For what reason? Their complicity has been found true, why they are not been arrested?”

Justice Mehta went on to question the competence of the investigating authorities, emphasising that the State had failed to arrest even a single person despite the lapse of ten months since the incident. According to LiveLaw, he demanded to know under what provision of law the FIR had been registered and implied that the State’s conduct reflected a gross abdication of investigative duty.

For the 10 months time you have not been able to arrest a single person. This reflects on your competence. What is the provision of law under which the FIR has been registered?”

When the State sought to justify the absence of arrests by citing that substances had been found in Deva’s body, Justice Mehta dismissed this as a crude attempt at a cover-up, further underlining the systemic efforts to derail the case.

Can there be a better cover-up act?” Justice Mehta was noted as saying as per LiveLaw.

The Court also took strong exception to the postmortem report, which recorded no conclusive cause of death despite multiple injuries on Deva’s body. The bench described it as inexplicable and suspect, given the visible signs of torture. Justice Mehta lamented the persistent impunity for custodial violence, asserting that repeated judicial pronouncements had done little to deter such brutality.

A 25-year-old boy killed by custodial violence and not a single injury on the body seen by the medical jurist? You say he died of a heart attack? Bruises all over the body. Sad state of affairs in this country that vice of custodial violence continues unabated despite repeated judgments by this Court, and offenders roam free. Horrendous. And you try to eliminate the sole witness.”

Witness vulnerability and the court’s reluctance to endanger Gangaram: The hearing also saw Advocate Payoshi Roy, appearing for Gangaram Pardhi, urge the Court to consider his bail application. She pointed out that Gangaram, the sole eyewitness to Deva’s death, continued to face relentless harassment by the police and was being falsely implicated in one case after another.

In response, Justice Mehta made a poignant and chilling observation, suggesting that while judicial custody was undesirable, it may ironically offer better protection than release, given the serious risk to Gangaram’s life if he were freed. His words starkly acknowledged the reality of extrajudicial killings and witness silencing:

“Presently, being in custody is better for your own health and safety. When he comes out, he is run over by a lorry and you won’t even know. It will be an accident and you will lose the single witness. Instance [like this] are not uncommon…We have even rejected bail petitions on grounds that there is a risk of the life of accused himself. It’s always better. You will see instances that the moment the accused came out on bail, he was eliminated by the other side. Don’t take that risk. Leave it to the Court,” Justice Mehta remarked, as per LiveLaw.

These remarks underscored the extraordinary vulnerability of witnesses in cases involving State actors, and served to justify the later directions issued in the final judgment for assigning responsibility to senior State officials for Gangaram’s safety.

Judicial assessment and findings in the judgment

The findings of the Court are among the most comprehensive judicial evaluations of systemic custodial abuse and the complicity of the State machinery in recent times. The Court made the following key observations:

  1. Systemic failure to register and investigate FIR promptly

The Court noted that the victim’s family attempted to lodge an FIR immediately after the custodial death occurred. However, the local police actively prevented them from doing so, an action the Court regarded as a deliberate suppression of lawful process.

Only after the Magisterial Inquiry concluded was FIR No. 341 of 2024 registered. Even then, it included Section 105 (culpable homicide not amounting to murder) rather than Section 302 (murder), thereby diluting the gravity of the offence.

This delay and selective invocation of penal provisions formed a crucial part of the Court’s reasoning that the investigation was neither independent nor fair. The Court termed this an engineered evasion of accountability.

“The victims’ family tried to lodge the FIR immediately after the incident, but the local police officials prevented them from doing so. It is only after the magisterial inquiry was conducted that the FIR came to be registered wherein the offence of culpable homicide amounting to murder was omitted.” (Para 29)

  1. Absolute Inaction for Eight Months: No arrests despite direct incrimination

The Supreme Court expressed deep concern that even after eight months, not a single police officer had been arrested despite the fact that the Magisterial Inquiry, medical evidence, and witness statements pointed toward clear custodial torture leading to death.

“Nearly eight months have passed since the FIR was registered but till date, not a single accused has been arrested.” (Para 29)

This inaction, according to the Court, was not accidental but a result of institutional camaraderie—a refusal to act against colleagues, even in the face of overwhelming evidence. The Court emphasised that the deliberate delay had the effect of sabotaging the prosecution and undermining public confidence in the legal system.

“These circumstances give rise to a clear inference that the investigation by the local police is not being carried out in a fair and transparent manner and there is an imminent possibility of the prosecution being subjugated by the accused if the investigation is left in the hands of the State police, who are apparently shielding their own fellow policemen owing to the camaraderie.” (Para 30)

  1. Suppression and tampering of medical evidence

The post-mortem report, although documenting multiple contusions, abrasions, and visible injuries, made no conclusive finding on the cause of death. Instead, the medical board reserved opinion, and later attributed the death to “vasovagal shock leading to heart attack.”

The Supreme Court found this explanation medically implausible given the physical injuries and the timeline of events, and strongly suspected that the Medical Board was pressurised by the accused police officers. The doctors’ refusal to comment on the cause of death, in the Court’s view, reflected coercive interference by the police.

“The fact that the police officials have influenced the investigation right from the beginning is amply borne out from the circumstance that even the doctors, who conducted autopsy of the dead body of Deva Pardhi, seem to have been pressurised/influenced.” (Para 28)

“We are constrained to observe that despite taking note of the large number of the injuries on the body of Deva Pardhi, the victim of custodial torture, the members of the Medical Board which conducted post-mortem on his body, failed to express any opinion regarding the cause of his death. This omission seems to be deliberate rather unintentional and appears to be a direct result of influence being exercised by the local police officials.” (Para 29)

This finding is especially significant as it suggests institutional rot beyond the police force, implicating the medical system’s integrity in custodial death investigations.

  1. Clear Credibility Crisis: Invoking Nemo Judex in Causa Sua

The Court invoked the foundational principle of natural justice — nemo judex in causa sua — which means that no one can be a judge in his own cause.

Given that the very individuals being investigated belonged to the same force tasked with investigating, the Court declared that any semblance of impartiality was fatally compromised. This foundational breach of investigative independence, in the Court’s eyes, necessitated transfer to the CBI.

“We are, therefore, convinced that this is a classic case warranting invocation of the Latin maxim ‘nemo judex in causa sua’ which means that ‘no one should be a judge in his own cause’. The allegation of causing custodial death of Deva Pardhi is against the local police officials of Myana Police Station.” (Para 28)

  1. Credible eyewitness testimony consistently ignored

The Court gave great evidentiary weight to the statement of Gangaram Pardhi, who not only witnessed the torture of Deva Pardhi, but also tried to intervene, and was himself assaulted and illegally detained.

Despite being a direct, material eyewitness, Gangaram’s testimony had not triggered arrests, nor had it been treated with legal seriousness. Instead, he was subjected to retaliatory incarceration and implicated in multiple subsequent cases.

“The involvement of the police officials in the custodial death of Deva Pardhi is clearly borne out from the statement of the sole eye-witness Gangaram Pardhi and stands further corroborated during the magisterial inquiry.” (Para 29)

  1. Retaliatory framing and judicial recognition of witness intimidation

The Supreme Court unambiguously held that multiple FIRs filed against Gangaram Pardhi after the custodial death incident were deliberate acts meant to silence and neutralise him.

The Court recognised a pattern of conduct: entangling him in successive, allegedly concocted cases to keep him detained indefinitely, cripple his morale, and deter him from deposing against the police.

“So far as the aspect of grant of bail to Gangaram Pardhi is concerned, we may observe that the underlying facts narrated supra clearly indicate that a deliberate attempt is being made to somehow or the other, implicate Gangaram Pardhi in multiple cases, one after the other, so as to keep him behind bars indefinitely, and break his spirit and the spirit of his family members thereby ensuring that the said person being the star witness of the custodial death of Deva Pardhi is not only demoralized but is also prevented from deposing against the errant police officials.” (Para 33)

Directions anchored in constitutional and criminal law doctrine

Based on these findings, the Supreme Court issued firm and time-bound directions:

  • The investigation was immediately transferred to the CBI.
  • CBI was ordered to register a Regular Case (RC) and complete investigation within 90 days of arrest.
  • The accused police officers were to be arrested within one month.
  • Protection of Gangaram under the Witness Protection Scheme was mandated.
  • Liberty was granted to apply for bail in all cases, with the High Court directed to consider this Court’s findings.
  • The Principal Secretary (Home) and Director General of Police, Madhya Pradesh were personally made responsible for ensuring Gangaram’s safety.

Significance and implications

This judgment is significant because it:

  • Affirms Supreme Court’s role as a constitutional guardian under Articles 21 and 32 when State failure threatens liberty and life.
  • Condemns the culture of custodial impunity, reinforcing that institutional allegiance cannot supersede justice.
  • Clarifies that witness protection is not a procedural courtesy but a substantive right, especially when the witness is up against State forces.
  • Lays down that transfer of investigation is not an affront to State police, but a necessity when bias taints the process.

Conclusion

The custodial death of Deva Pardhi is not merely a tragic event—it is a mirror held up to the systemic erosion of accountability in India’s criminal justice system. In transferring the case to the CBI and holding the State to account for its failures, the Supreme Court has emphatically reiterated that no State apparatus, however powerful, is above the Constitution. The judgment stands as a clarion call for legal reform, ethical policing, and the preservation of human dignity in custodial spaces.

The complete judgment may be read here.

Related:

“No One is Above the Law”: Supreme Court demotes Deputy Collector for demolishing a slum settlement by flouting HC order

FIR meant to fail: MP High Court calls out state’s attempt to shield BJP minister, in hate speech case, to monitor probe

A Republic That Listens: The Supreme Court’s poetic defence of dissent through Imran Pratapgarhi judgment

Not Fragile, Not Silent: SC chooses principle over punishment in response to BJP MP Dubey’s outburst, reasserts role as Constitutional check

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BJP-ruled states account for highest Dalit violence cases, UP on top, MP records highest reported crimes against STs https://sabrangindia.in/bjp-ruled-states-account-for-highest-dalit-violence-cases-up-on-top-mp-records-highest-reported-crimes-against-sts/ Wed, 25 Sep 2024 05:11:15 +0000 https://sabrangindia.in/?p=37992 Uttar Pradesh with 12,287 reported cases, followed by Rajasthan with 8,651 and Madhya Pradesh with 7,732 cases of atrocities against Dalits in year 2022 show a disturbing trend, a report released by the Ministry of Social Justice and Empowerment reveals; Rajasthan was till December 2023 ruled by Ashok Gehlot led Congress

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States ruled by the Bharatiya Janata Party (BJP) top in high number of cases registered under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, (PoA Act) in the year 2022. A union government report published by the Ministry of Social Justice and Empowerment reveals that Uttar Pradesh, reported a staggering 12,287 cases accounting for 23.78% of the total 51,656 cases registered under the PoA Act (97.7 % atrocity cases against Dalits). Following this, Rajasthan and Madhya Pradesh are positioned on top in registration of cases of atrocities against Dalits. The report’s findings are a grim reminder of India’s ongoing struggle with caste-based violence and discrimination against marginalised communities.

Meanwhile, the state of Madhya Pradesh is at the top, with 2979 cases of atrocities/violence against STs, Rajasthan being the second highest with 2498 and Odisha only accounts for 773 cases – in registration of cases of offences of atrocities against the scheduled tribe community.

The union ministry report also reveals that, 52,866 cases of atrocities against Scheduled Castes (SCs) and 9,725 cases of Scheduled Tribes (STs) were registered in year 2022 under the PoA Act. The majority of these cases, a staggering 97.7%, were recorded in just 13 states, with BJP-ruled Uttar Pradesh, Rajasthan, and Madhya Pradesh topping the list. In 2022, out of 51,656 cases registered under the PoA Act, Uttar Pradesh reported 12,287 cases accounting for 23.78% of the total 97.7 % cases of atrocities against Dalits in 2022 was reported in 13 states. Following this, Rajasthan reported second highest atrocities cases of Dalits with 8,651 cases (16.75%), while Madhya Pradesh had 7,732 cases, making up 14.97%. Other states with a significant number of cases include Bihar with 6509, Odisha with 2902 cases and Maharashtra with 2276 cases.

Moreover, as the table above shows thirteen States, cumulatively accounting for 97.7% (51656) of the total cases (52866) relating to offences of atrocities against members of SCs, registered under the PoA Act in conjunction with the Indian Penal Code, 1860 (repealed), during the year 2022. The report also provides the figures pertaining to the atrocities against the STs. The 13 states directly account for 98.91% (9627) of the total 9735 cases.

India’s disturbing trend of caste-based violence continues to escalate, with Uttar Pradesh topping the list of atrocities against Dalits and marginalised communities. According to the National Crime Record Bureau’s 2022 data, (same period as the ministry’s report) the state reported a staggering 15,368 cases, marking a 16% increase from 2021’s 13,146 cases. Rajasthan follows closely, ranking second with 8,752 registered cases of anti-Dalit violence. Madhya Pradesh retains its third position, accounting for 7,733 cases of atrocities against Dalits.

NCRB 2022 report shows 57,582 cases of Dalit Violence in 2022

The National Crime Records Bureau’s (NCRB) ‘Crime in India’ annual report for the year 2022 also highlighted that the total number of 57,582 cases were registered for committing crimes against Scheduled Castes (SCs), an increase of 13.1% over 2021 (50,900 cases). The crime rate registered shown an increase from 25.3% in 2021 to 28.6% in 2022. In crime head-wise cases, highest number of cases (18,428, 32.0%) were registered under simple hurt followed by cases under Criminal Intimidation with 9.2% (5,274 cases) and SC/ST (Prevention of Atrocities) Act with 8.2% (4,703 cases).

Similarly, a total of 10,064 cases were registered for committing crime against Scheduled Tribes (STs), showing an increase of 14.3% over 2021 (8,802 cases). Anti-Dalit crime rate registered increased from 8.4% in 2021 to 9.6% in 2022. The NCRB figures further elaborated that in Crime head-wise cases, highest number of cases (2,826 cases, 28.1%) were registered under simple hurt (2,826 cases) followed by rape with 13.4% (1,347 cases) and assault on women with intent to outrage her modesty with 10.2% (1,022 cases).

The report highlighted that Uttar Pradesh (15,368), Rajasthan (8,752), Madhya Pradesh (7,733), and Bihar (6,509) reported the highest number of crimes against SCs. In UP, the number of crimes against SCs went up from 13146 in 2021 to 15368 in 2022 – an increase of 16%. The figure was 12,714 in 2020.

BJP-ruled UP tops in cases of Dalit atrocities

Uttar Pradesh, India’s most populous state, grapples with an alarming rise in Dalit atrocities. Uttar Pradesh ruled by the BJP for two terms under Chief Minister Yogi Adityanath, has earned the unfortunate distinction of topping the list of states with the highest number of registered cases of atrocities against Dalits. Registration of 12,287 Dalits atrocities cases, consisting 23.78% of the total cases reported nationwide in year 2022.

Investigation done by police during 2022 in PoA cases

As the report states, 69,597 cases related to SCs and 12,417 of STs were brought forward by the Police. In which chargesheet had been filed in 49,852 cases and 77 cases transferred to another State/Agency. At investigation stage, 65 cases have been quashed/stayed by the court and Final Report has been filed in 12,113 due to reason of false case, mistake of fact/law, insufficient evidence etc.

However, at the end of 2022, 17,166 cases of SCs and 2,702 ST cases pending with the police, only 2 cases investigated u/s 157(1)(b) of CrPC during the year 2022. In these cases, it is seen that 60.38% cases relating to Scheduled Castes were charge sheeted in courts during 2022, in 14.78% SCs cases final report submitted (such as false, mistake of fact/law, true but insufficient evidence) during the 2022. Similarly, 63.38% cases related to SCs were charge sheeted during the year, with 14.71% of cases having final reports submitted, during the year 2022.

Notably, the disturbing trend in the report also revealed that the conviction rate under the Prevention of Atrocities (PoA) Act plummeted to 32.4% in 2022, a significant drop from 39.2% in 2020.

This downward spiral raises questions about the effectiveness of law enforcement agencies and judicial cognizance in protecting Dalits from caste-based violence despite stringent laws. Further compounding the issue is the scarcity of special courts designated to handle these cases. Out of 498 districts across 14 states, only 194 have established these crucial courts, hindering swift justice for victims, according to report.

Report flags lack of Exclusive Special Courts in India

As section 14 of the PoA Act, empowered the state government to establish Exclusive Special Court for one or more district for dealing with the atrocity and violence cases of scheduled Castes and Scheduled Tribes for the purpose of providing a speedy trial in such cases, the number of Exclusive Special Courts are not adequate in India as out of 498 total districts across the country only 194 special courts have been established. The number of special courts in the country are not even half of the total districts within the country.

This shortfall created a significant obstacle in delivering justice to victims of caste-based violence and discrimination. As Exclusive Special Courts have powers to take direct cognizance of offences under the Act, the inadequacy of Exclusive Special Courts hampered the proper implementation of the PoA Act and led to delays and ineffectiveness in anti-Dalit violence cases. The report stressed that it is the duty of the State Government to establish adequate number of Courts to ensure that cases under the PoA Act are disposed of within a period of two months, as far as possible.

Special Police Stations for SCs and STs Complaints set up by five states only

As per the report, Special Police Stations for registration of complaints of offences against members of the SCs and STs have been set up in five States includes Bihar, Chhattisgarh, Jharkhand, Kerala and Madhya Pradesh. In Bihar’s 38 districts, 40 Special Police Station has been established, in Chhattisgarh’s 28 districts, 27 Special Police Station, 24 in Jharkhand’s 24 districts, 3 in Kerala’s 14 districts and, 51 in Madhya Pradesh’s 52 districts. Despite almost equal establishment of Special Police Station in MP, the state positioned on third in accounting of atrocity cases against Dalits and the marginalised.

Dalit Atrocities soar in UP, 49,613 cases reported from 2018-2021

In March 2023, the Indian government informed Parliament that a staggering number of over 1.9 lakh cases of crimes against Dalits were recorded during the four-year period from 2018. According to data from the National Crime Records Bureau (NCRB), Uttar Pradesh alone has reported 49,613 cases of total atrocities and attacks on Dalits (11,924 in 2018, 11,829 in 2019, 12,714 in 2020, and 13,146 in 2021). Union Minister of State for Home Affairs, Ajay Kumar Mishra, shared this information in response to a question posed by BSP MP Girish Chandra, who inquired about mechanisms for monitoring such incidents.

NCRB data shows 57,582 cases of Dalit Violence in 2022

The National Crime Records Bureau’s (NCRB) ‘Crime in India’ report for the year 2022 also revealed that a total of 57,582 cases were registered for committing a crime against Scheduled Castes (SCs), an increase of 13.1% from 2021 (50,900 cases). The crime rate registered an increase from 25.3% in 2021 to 28.6% in 2022. The report highlighted that Uttar Pradesh (15,368), Rajasthan (8,752), Madhya Pradesh (7,733), and Bihar (6,509) reported the highest number of crimes against SCs. In UP, the number of crimes against SCs went up from 13146 in 2021 to 15368 in 2022 – an increase of 16%. The figure was 12,714 in 2020.

Most recent shocking instances of anti-Dalit violence in UP, Rajasthan and MP

Sabrang India and CJP have been diligently tracking the alarming rise of hate crimes against Dalits and other marginalised communities in India. The numerous incidents include violence, discrimination, and social exclusion of Dalits have been reported, highlighting the devastating reality of Dalit survival in the country.

Uttar Pradesh

BJP’s government in Uttar Pradesh has faced many severe criticisms for its inability to prevent Dalit violence in the state, despite being in power for two consecutive terms. The recent surge in anti-Dalit attacks has raised concerns about the government’s commitment to protecting the rights of the Dalit community in the state. As the whole country witnessed the horrible tragic incidents of Hathras and Lakhimpur Kheri in year 2020, representing a distressing chapter in India’s ongoing struggle with anti-Dalits crimes and caste discrimination in the state of Uttar Pradesh. The tragic incident of Lakhimpur Kheri where two Dalit minor sisters were found hanging from a tree in Uttar Pradesh’s Lakhimpur district. The family alleged abduction, rape, and murder, later post-mortem reports confirmed that the Dalit sisters were raped before being murder. Similarly, the Hathras incident of rape, murder, and alleged systemic failures, has revealed the systematic exclusion of Social Justice against the victims belonged to Dalits and marginalised communities, especially Dalit women.

CJP’s recent report on Dalit atrocities in the state of Uttar Pradesh may be read here

On August 18, 2024, in Uttar Pradesh’s Ambedkar Nagar, a 21-year-old gang-rape survivor ended her life after UP Police denied to lodge an FIR against three men for the crime and coerced her father into misreporting the complaint. Father of the victim revealed that his daughter had gone missing from their home on the evening of August 16. The father immediately went to the local police outpost to file an FIR but the Police refused to lodge an FIR and forced him to change the complaint. On August 18, the victim’s younger sister discovered her hanging in her room. The devastated father reported to police that his daughter had felt humiliated and abandoned due to the authorities lack of response.

On October 5, 2022, in Ambedkar Nagar, a student hung herself from the ceiling of her room. The father of the victim has reportedly stated that she had gone into “depression” after allegedly being kidnapped and gang-raped by two youth when she was on her way to school in the district’s Malipur area.

Rajasthan

Rajasthan reported the second highest number of Dalit atrocities nationwide, with 8,651 cases reported in 2022. The state’s disturbing trend of violence and discrimination against Dalits persists, despite laws aimed at protection. Brutal incidents, including killings, rapes, and social boycott highlight the need for urgent action and accountability.

On January 26, 2024, a 17 year old tenth-grade student, was busy with creating reels at Ajmer’s Ana Sagar Chaupaati, a popular place for tourists and visitors, when he was attacked. A group of young men approached him and demanded he stop taking videos. Following which, the men who have been identified as Pushpendra, Rohit, and Gokul, assaulted the boy brutally. They used sticks and forced him to kneel down, and made him utter the word “papa.” The torment did not end there; one of the perpetrators even urinated on the young victim and reportedly even forced him to drink liquor.

In Rajasthan’s Alwar, an eight-year-old Dalit boy was reportedly assaulted for touching a water bucket near a hand pump in a village in Rajasthan’s Alwar district. As per a report by the Indian Express, the police have stated that the incident occurred on the morning of March 30, 2024 when the boy, a fourth-grade student at the village’s government school, went to drink water from the hand pump on school grounds. As per the complaint, a man from a higher caste, who was filling the bucket with water at the Time, attacked the boy when he touched the bucket. The man refused to apologise and even shouted at the boy’s family, subjecting them to casteist abuse. A police complaint has been lodged in Ramgarh police station by the parents.

Another incident in Rajasthan’s Karauli district, in what seems to be a shocking incident, a magistrate reportedly asked a Dalit gang rape survivor to undress to inspect her injuries. The magistrate has been booked after the survivor lodged a complaint on March 30, 2024 accusing the magistrate of requesting this during a court session in Hindaun. The incident is being treated as an instance of outraging modesty, and charges have been filed under section 345 of the IPC and the SC/ST (Prevention of Atrocities) Act.

Madhya Pradesh

Madhya Pradesh reported the third highest number of Dalit atrocities nationwide was also faced criticism recently for curtailing welfare funds of the SC/STs and diverting the SC/ST welfare fund for the welfare of cows, museums and religious sites. As per a document reviewed by the HT, ₹252 crore has been allotted to cow welfare (Gau Samvardhan and Pashi Samvardhan), a total of ₹95.76 crore has been allocated from the SC/ST sub-plan. Madhya Pradesh’s decision to divert ₹95.76 crore from the SC/ST welfare fund to support cow welfare, museums, and religious sites was a shocking betrayal against marginalised communities. This move not only undermines the government’s duty to ensure social justice but also perpetuates the systemic oppression of Dalits. The cow welfare fund has increased from about ₹90 crore in the last year. Madhya Pradesh was the second state after Karnataka to divert funds from the SC/ST sub-plan for other schemes. Karnataka decided to take ₹14,000 crore from the sub-plan for funding its welfare scheme.

A Dalit youth in Mainpuri, while working on his own land, was attacked by a group of men. The authorities have registered a case involving assault and harassment against the Dalit community under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per reports, the police are now searching for the culprits who are currently absconding. The police have filed a complaint against one Munshi Khan and his associates.

In Morena, Madhya Pradesh, a Dalit sarpanch was reportedly tied to a tree and beaten. After the violence, the man was forced to flee his native village. The sarpanch of Koutharkalan panchayat has reportedly filed a complaint at the Porsa police station on Thursday. He had reportedly faced harassment over the past two years. The attackers had pressured him to leave his position and hand over his digital account details. However, after he refused to follow their demands, the goons allegedly took him to the outskirts of Koutharkalan, tied him to a tree, and brutally thrashed him, covered in a report by CJP.

However, before 2022, India registered 1,89,945 cases of crimes against the Dalit community during the four-year span (42,793 in 2018, 45,961 in 2019, 50,291 in 2020, and 50,900 in 2021). Out of all these cases, chargesheets were filed in 1,50,454 of these cases which resulted in only 27,754 convictions. These are records of only reported crimes having taken place, there is no way to account for cases that never reached law enforcement officers.

What is the Prevention of Atrocities Act 1989?

While acknowledging the deep-rooted caste system and its role in perpetuating atrocities, the Parliament of India enacted the scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules 1995 that come into force with effect from January 30, 1990. This special legislation enacted with aims to preventing commission of offences by persons other than Scheduled Castes and Schedules Tribes against members of SCs and STs and also provide for Special Courts for trial of such offences and for relief and rehabilitation of the victims of such offences. The PoA Act is extended to whole of India.

Ineffective implementation of PoA act still a challenge for Social Justice

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, remains ineffectively implemented, undermining social justice and defying Supreme Court directives. Despite landmark judgments and established special courts, rising atrocities and low conviction rates expose systemic apathy, compromising protection for marginalised communities.

Importantly, the Supreme Court of India in a landmark judgement of National Campaign on Dalit Human Rights & Ors. vs. Union of India & Ors. (2017) 2 SCC 432, where the bench led by then CJI T.S. Thakur and Justices D.Y. Chandrachud and L. Nageswara Rao, directed the strict implementation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. This pivotal decision affirmed the findings of the Justice K. Punnaiah Commission (appointed by the Andhra Pradesh Govt in April, 2003 to inquire into the crimes suffered by SCs and STs) and the 6th Report of the National Commission for Scheduled Castes and Scheduled Tribes.

In the National Human Rights Commission’s ‘Open House Discussion’ on “Prevention of Atrocities and other forms of Discrimination against SC/ST Community: Challenges, Protection and Way Forward” held on June 23, 2023, the Director, Ministry of Social Justice & Empowerment also expressed its concern and pointed out that a predominant rise in cases can be seen after the amendments that widened the gambit of the Act when they were introduced. This requires strengthening of the administrative regime, especially the institutional mechanisms or the Police Protection Cells as mandated under the PoA Act, which is being looked after by the MoSJ&E. He further added that as of now, a total of 176 executive special courts have been constituted across the country in order to make the system more approachable for the victims.

The full report of the Ministry of Social Justice may be read here:

 

Related:

Hate Watch: violence against Dalits fails to get attention

Dalit woman dies of suspicious circumstances after brother, uncle beaten to death

Accused of not voting for “free ration”, Dalit man beaten brutally in UP

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MP: CM, Mohan Yadav, continues bulldozer spree, Muslim homes demolished, partisan discriminatory governance at its height https://sabrangindia.in/mp-cm-mohan-yadav-continues-bulldozer-spree-muslim-homes-demolished-partisan-discriminatory-governance-at-its-height/ Mon, 26 Aug 2024 11:46:56 +0000 https://sabrangindia.in/?p=37490 Three days ago, August 23, news of bulldozers in action in a ‘bulldozer state’ made news, however fleetingly; new CM Yadav of MP was clearly following in the steps of his predecessor, predecessor Shivraj Singh Chauhan’s steps; weeks ago Congress leader and Rajya Sabha member Digvijaya Singh had demanded action against DM Sanjeev Srivastava for discriminatory anti-Constitutional acts

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The Mohan Yadav-led Bharatiya Janata Party (BJP) government in Madhya Pradesh has been facing some criticism after authorities in Chhatarpur demolished the home of a Muslim leader, destroyed his cars and paraded other Muslims over allegations of stone pelting during protests against Maharashtra priest Ramgiri Maharaj’s inflammatory remarks on Prophet Muhammad (peace be upon him).

Last Thursday, Free Press Journal reported that a bungalow and three luxury cars owned by Haji Shahzad Ali were destroyed alleging that his abode was built “without permission.” How and why such action, without due process or notice was followed by the authorities, has not even come up for any questioning. Normally, those who build “illegal structures” are given time even enough to approach the High Court and Supreme Court before such brazenly one-sided unilateral action is taken.

Under which provisions of the law was all this done? The administration first justified the demolition of the house by saying that it was on government land, then said that it was very close to a water body and then said that the land belonged to Shahzad Ali but the map of the house was not approved. In India or Madhya Pradesh is an entire house demolished if its plans are not approved by authorities – that too without proper notice is the question that needs to be sharply posed?

In April May 2022, following a spate of Ram Navmi procession related violence in Madhya Pradesh, Uttar Pradesh and Delhi, there were a spate of demolitions, equally unjust carried out. Sixteen homes at five locations, largely or only belonging to Muslims were demolished by the MP administration in Khargone, Madhya Pradesh. At the rime too the minority community had moved the MP High Court on the question. Same year, on April 21, 2022, the Supreme Court heard the petition filed by Jamiat-Ulama-i-Hind against demolition drive in Jahangirpuri and other states, namely – Uttar Pradesh, Madhya Pradesh and Gujarat, and extended the status quo orders on the demolition drive in Jahangirpuri. On being pressed by one of the petitioners for a stay on all such demolition all over the country, the Bench said that if selective, unlawful demolitions continue anywhere else, they should be brought to the court’s notice after which it would step in. To date there has not been a final resolution in the case. SabrangIndia has been tracking to the extent possible the spate of demolitions countrywide against the economically marginalised with minorities also becoming part of a specific target.

The evolution of demolitions and bulldozer as a fashion of brute justice has been seriously concerning and may be read about here.

August 23

Shahzad Ali, a former Vice President of Congress in Chhatarpur, was reportedly leading the protest demanding action against the priest for his blasphemous remarks. Apart from Ali’s bungalow, properties belonging to his brother and other accused were also demolished. This blatantly illegal and unconstitutional act of rough justice was reportedly carried out by the authorities after direct instructions from the CM, Mohan Yadav. Shockingly, the videos of the demolitions were also put out by the Chhatarpur Collector on his social media accounts on Thursday.

“Under the direction of the Chief Minister of the state, strict action was taken by the Chhatarpur district administration against the accused in the case of stone pelting on the Kotwali police. The building constructed without permission was demolished,” wrote the Chhatarpur Collector on Thursday.  While capturing the scene of the demolition and scattered debris, the video shows four bulldozers razing the bungalow. Four destroyed cars could also be seen.

The bulldozer action unleashed by the authorities against Muslims has come in for criticism. According to information, Shahzad Ali reached the police station, along with a huge crowd, to submit a memorandum over some objectionable comment on the Prophet. Gradually, it turned into a heated argument. Following which, the angry crowd started pelting stones to the police and injured the police officials. The police personnel reportedly staged an over-night protest against the attack and demanded strict action from the MP government.

On Thursday morning, additional forces from the border districts and senior officers reached the residence of Shahzad Ali rather promptly. The medical team also went along with them, in case any emergency situation arises.

The police broke the lock of the house, and started demolishing the illegal parts of the house with the help of an excavator machine. The exterior of the house has been razed to the ground. At the same time, all three machines have been installed from three sides.

The SP stated that they will take strict measures so to avoid such incidents in future. The city market has been shut today in support of the police.

This time, the largest opposition party, the Congress, normally not so vocal on such attacks on minorities was visible in its condemnation.

President Congress Party, Mallikarjun Kharge on X;

Demolishing someone’s home and rendering their family homeless is both inhumane and unjust. The repeated targeting of minorities in BJP-ruled states is deeply troubling. Such actions have no place in a society governed by the Rule of Law. The Congress Party strongly condemns the BJP state governments for their blatant disregard of the Constitution, using bulldozing as a tactic to instill fear among citizens. Anarchy cannot replace natural justice—offences must be adjudicated in courts, not through state-sponsored coercion.

Former chief minister, Madhya Pradesh and former Lok Sabha member, Digvijaya Singh on X:

छतरपुर की घटना की जितनी निंदा की जाय उतना कम है। किसी भी लोकतंत्र में किसी भी Investigating Agency व Prosecution को दंड देने का अधिकार नहीं हो सकता। “बुलडोज़र संस्कृति” को माननीय Supreme Court को संज्ञान में लेना चाहिए। इस विषय पर मेरी इंदौर High Court में 24/04/2021 से PIL पेंडिंग है। तारीक पर तारीक बढ़ाई जा रही है। जबकि मेरी Prayer क्या है? मैंने सांप्रदायिक घटनाओं पर माननीय Supreme Court के Directions जो राज्य सरकारों को दिये हैं उसका पालन एमपी सरकार करे, यही मेरी प्रार्थना है। उस पर माननीय इंदौर High Court द्वारा एमपी सरकार को Supreme Court के Directions पालन करने के आदेश देने में क्या एतराज होना चाहिए

मैं बुलडोज़र संस्कृति के खिलाफ हूँ। आरोपी को दंड मिलना चाहिए लेकिन दंड देने का अधिकार अदालत को है किसी भी प्रशासकीय अधिकारी या MP MLA साहब को नहीं है। छतरपुर में शहज़ाद अली का मकान पुलिस पर पथराव करने के कारण तोड़ा गया या अतिक्रमण करने के कारण तोड़ा गया? यह बात प्रशासन को खुलासा करना चाहिए।

Congress leader Digvijaya Singh is also on record before the media stating that he was in possession of a recording of the District Magistrate of Bhind in which he is allegedly heard saying that he will demolish the houses of Muslims, not Hindus. He is also allegedly heard saying that he will demolish houses only where there is a “Hindu Muslim angle.” In a recent murder case, for instance, the administration reportedly demolished the houses of the accused Muslims but refused to take such action against a Hindu accused in a similar case.  Some weeks before that, in Ujjain, in a rape case, the house of the accused Muslim was demolished but not that of the other accused, who was a Hindu.

Thereafter, Congress leaders led by former chief minister and Rajya Sabha MP Digvijay Singh on Friday, August 9, held a massive rally demanding the registration of an FIR against Bhind District Magistrate Sanjeev Srivastav for giving religious basis to demolish houses belonging to three accused in a murder case. According to a complaint filed by the Congress, at Srivastav’s direction, the administration bulldozed the houses of the three accused because of their Muslim identity. The complaint pointed out that the administration refused to bulldoze the house of an accused in another similar case because he was not a Muslim. The officials, the complaint said, also looted valuable items and cash from the bulldozed houses.

Likewise, the Times of India had recorded that, we saw the statement of the District Magistrate of Dindori, Ratnakar Jha, two years ago: “The shop and house of Asif Khan, the accused in the kidnapping of a student in Dindori district, have been razed to the ground. For two days, action has been taken against the shops and illegal houses of accused Asif Khan.”

What was Asif Khan’s crime? That he had married a Hindu woman. It was a legal marriage. But as happens in India, the girl’s family objected. The District Magistrate demolished Asif Khan’s father’s house, abusing his power with no authority under law or the Constitution and not only that, boasted of it freely. When confronted, he clarified that the villagers wanted his house to be demolished, so he demolished it.

Rajya Sabha MP and Congress leader Imran Pratapgarhi said he will approach the Supreme Court against the government’s action. He said the demolition shows the BJP’s hatred towards Muslims.

“See another example of the BJP government’s hatred against Muslims. In Chhatarpur, Madhya Pradesh, Haji Shahzad’s house was razed to the ground at the behest of the Chief Minister @CMMadhyaPradesh. @narendramodi Ji is roaming around the world chanting the slogan of Sabka Sath – Sabka Vikas and his state governments are finding excuses and demolishing the houses of Muslims. The Modi government, which took oath on the Constitution, is crushing the Constitution every day under this bulldozer. I will soon approach the Supreme Court on this issue,” he said.

Pratapgarhi added “Is this justice? In Chhatarpur, Madhya Pradesh, the administration not only demolished the house of Haji Shahzad but also bulldozed the vehicles parked in the house. @narendramodi Sir, are your governments running as per the Constitution? Is your Chief Minister not crushing your slogan of Sabka Sath, Sabka Vikas under the bulldozer?”

Prominent human rights activist and Delhi University Professor Apoorvanand said “Law being bulldozed. Also tells us that the Indian state apparatus has gone rogue driven by Islamophobia.”

Prominent Supreme Court lawyer Sanjay Hegde said: “If a Chief Minister can instruct the administration to bring your house down, it is the rule of law that has been bulldozed.”

Apart from the demolitions, the videos of the accused being paraded in the city by the police have also gone viral on social media. The videos show the police holding hands of the arrested Muslims being paraded and raising inflammatory slogans “Police Hamar Baap Hai, Apradh Karna Paap Hai” (Police is our father, committing crime is a sin).

Hate speech the root cause

The agitation by local Muslims that brought on the bulldozer action was fuelled by derogatory remarks on Prophet Mohammed made by Ramgiri Maharaj in Nashik, Maharashtra last week. The protesters demanded an FIR against the seer. The agitation turned violent and people began pelting stones at the Kotwali police station after being denied entry. It caused injuries to four police personnel. Following the protest, the Chhatarpur district administration demolished the residence of the leader identified as Haji Shehzad Ali, former district president of the Congress. The administration also demolished properties belonging to Shehzad’s brother and Councillor Azad Ali and a few other accused. As per a report by The Hindu, over 150 protesters were booked under various sections of the Bharatiya Nyaya Sanahita (BNS) including 109, 196, 197(1), 299, among others.

Addressing the demolition of Ali’s residence, the district collector stated that action was taken as part of an anti-encroachment drive and a prior notice had been served to Ali. It is to be noted that the accused has been absconding.

Meanwhile, it is also reported that an FIR was registered in Pune against Hindu religious leader Ramgiri Maharaj over his alleged objectionable remarks against Prophet Muhammad and Islam, police said on Wednesday.

“We have registered a complaint under sections under BNS section 302 (uttering words with intent to wound religious feelings), 192 (provocation with intent to cause riot) and others,” the official said. Multiple FIRs have already been registered against the Hindu seer in various cities across Maharashtra. Maharaj allegedly commented on Islam and Prophet Mohammad during a religious event in Nashik district, police had said.

The deep rooted hate and prejudices fuelled by an aggressive Hindutva, the self-acclaimed weaponised ideology of the BJP-RSS has impacted on countrywide hate crimes. Earlier, thanks to on the one hand infiltration of the ideology within the police and administration, crimes that were committed by Hindutva gangs or mobs are now being committed by the administration and the police. The Hindutvafication of the Indian state machinery is the most anti-constitutional development over the past decade. Individuals and institutions who are tasked to ensure safety, security and rights of the people now commit crimes (mis) using their authority.

Related:

BJP MLA threatens “JCB Bulldozer” if voters don’t vote for BJP

Bulldozer action against rat miner Wakeel Hassan, who headed team that evacuated 41 trapped workers from Uttarkashi tunnel; his home in Delhi demolished

Maharashtra: Bulldozer Raj, tensions rise in Kolhapur’s Laxtirth Vasahat Colony after administration demolishes Madrasa under pressure from Hindutva organisations

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In MP, Three Dalit Youths of a Single Family Are Dead. How Has the Police Responded? https://sabrangindia.in/in-mp-three-dalit-youths-of-a-single-family-are-dead-how-has-the-police-responded/ Mon, 19 Aug 2024 06:41:09 +0000 https://sabrangindia.in/?p=37353 A fact-finding report has pointed out the implicit bias that had characterised police action since the family's very first complaint in 2019 against assault, threats and torture by dominant caste groups.

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On May 25, 2024, Anjana Ahirwar, a 20-year-old Dalit woman, mysteriously “fell” to her death as she was returning with the body of her 26-year-old uncle Rajendra Ahirwar – murdered in a brutal attack orchestrated by the dominant “lambardars” of Baraudiya Naunagir. This was the third death in the same family of Dalit labourers within 10 months. Anjana was at the forefront of the family’s struggle for justice in the murder of her younger brother Nitin and her uncle, Rajendra Ahirwar.

A fact-finding report released by a citizens group of Madhya Pradesh in July 2024 – to which this author belongs – highlighted how the police and Madhya Pradesh government continuously deprived this family of Dalit labourers their right to justice, how Sagar police hurriedly closed the investigation into Anjana’s death, and concluded that Anjana purportedly jumped to her death. The police’s conclusion has been indignantly rejected by Anjana’s family. Anjana’s mother asks, “Why would Anjana, who was fearlessly fighting for justice for her murdered brother all the way to the Supreme Court, give up her own life?”

Sagar (MP): Baraudiya Naunagir village of Sagar district of Madhya Pradesh is part of Bundelkhand – a region of Madhya Pradesh with a long history of feudal oppression, one which continues to be in the news for atrocities against Dalits in recent years as well. Sagar, is an important centre of political power in the state; and is home to three prominent ruling Bharatiya Janata Party leaders and former ministers, like Gopal Bhargava, Bhupendra Singh, and Govind Singh Rajput.

The “lambardars” (a term dating from colonial times to denote village elites) of Baraudiya Naunagir – the Thakurs – reportedly own 1000 bighas of land (~630 acres), and most labourers must work on their fields when called for. They dominate village proceedings and decision-making, their influence strengthened by their close familial ties to Khurai MLA, Bhupendra Singh. Bhupendra Singh is an influential BJP leader who has earlier been a cabinet minister in the Shivraj Singh government.

In contrast, Anjana’s family own about 3.5 acres of land. Her father, Raghuvir Ahirwar worked as a security guard in Pithampur, Dhar. Her brothers Vishnu and Nitin Ahirwar often migrated to find better work in cities, unlike others in the village who worked for the Thakurs as and when the lambardars demanded. Anjana was a bright second-year undergraduate student. At the time of her death she was 20 years old. She was leading her family’s struggle against the gruesome murders of her brother in 2023 and her uncle this year – but her struggle against the stifling dominance of the lambardars began back when she was just 15 years old.

What happened in Baraudiya Naunagir? 

In January 2019, Vishnu had returned to the village after working in Bhopal for two years.

“After working outside, I managed to earn much more than I could have in the village. I was wearing new clothes and new shoes that I had bought from the city, and they (the Thakurs) did not like it. They took me to the village market, slapped me in public and made me touch their feet,” he says.

Vishnu Ahirwar was slapped and made to touch the feet of Azad Thakur, Vishal Thakur, and others in the village market.

Days after this, Anjana was allegedly assaulted and molested by Azad Thakur, Pushpendra Thakur, Chotu Raikwar, and Vishal Thakur. Anjana managed to get an FIR registered against the lambardars – however, sections of the Prevention of Children from Sexual Offences Act were not added, despite the oral complaint of molestation by the 15-year-old. A minor case related to assault and intimidation was registered, but no arrests were made.

However, there were material repercussions for Anjana’s family. “Since then, whenever a theft or crime happened in the village they would accuse us of it, in retaliation,” says Badi Bahu, Anjana’s mother.

She narrated an incident where Anjana’s younger brother Nitin, was illegally detained in police custody and beaten up.

Nitin’s mother, Badi Bahu was injured while trying to protect her son – she suflered injuries on both arms, while her right arm was broken. Photo: Screengrab from a Dainik Bhaskar video.

“Lalu (Nitin) was working in Indore had returned to celebrate Holi. One evening, the police suddenly came to our house and took Lalu away, without telling us anything. He was kept at the police station for two-three days. When I tried to see him, the police would abuse me and send me away. When they released him, they threatened us, saying that if we tried to complain, Nitin would rot in jail for the rest of his life.”

Nitin was just 16 years old then, and had bruises on his feet when he was released. Badi Bahu submitted complaints to the Superintendent of Police, Sagar, and Inspector General of Police, Sagar, but no action was taken.

In August 2023, in another display of the lambardars’ hegemony, the family said that 18-year-old Nitin was brutally assaulted by the Thakurs and their men in the village market. Badi Bahu tried to protect him, but was attacked too – “When I arrived on the spot, lambardars and their men had surrounded Nitin, and were continuously beating him. I took him away from them, but they surrounded us again…When I tried to protect him, they beat me and disrobed me, and my arm was broken. Still, I tried to shield him, but they shoved me away, dragged him onto the road and mercilessly beat him with lathis.”

Komal Singh Thakur, Vikram Thakur, Azad Thakur, Ankit Singh Thakur, and other men who work for the Thakurs, beat him to death, the family said. Upon Anjana’s complaint, an FIR was registered against Vikram Thakur, Vijay Thakur, Azad Thakur, Komal Thakur, Lalu Khan, Islam Khan, Golu Soni, Nafees Khan, Wahid Khan and three or fourth other accused.

Despite multiple complaints made by Anjana, – the most important of which was submitted on August 25, 2023, the day after Nitin’s murder – naming Ankit Singh Thakur, a prominent local BJP leader as one of the main assailants, his name was not added in the FIR, the family said.

According to Nitin Ahirwar’s post-mortem report, the cause of Nitin’s death was “multiple injuries sustained over body”. Nitin had 29 serious injuries on his head and body.

The said complaint also asked that police safeguard the CCTV footage obtained from the spot where Nitin was murdered – however, according to the police chargesheet, the DVR housing with the footage had been destroyed by the mob during the attack. The family did manage to obtain the footage – which shows the beginning of the assault, along with a number of people not named in the police chargesheet – however, the police have not taken cognisance of it.

While the police did arrest a number of people after Nitin’s death, one of the most prominent men in the village – Komal Singh Thakur – was arrested right before the chargesheet was presented in court.

Still from the CCTV footage of Nitin being attacked by village lambardars – the Thakurs and their men. Badi Bahu can be seen shielding Nitin.

On the day of the attack on Nitin, lambardars and their men attacked the homes of Nitin and Rajendra Ahirwar. Anjana and Nitin’s family had all of their belongings completely destroyed – their pet parrot was killed and a horse which they owned was injured, and ultimately died. None of these incidents made their way into the chargesheet. When questioned about the exclusion of these facts, including the incident of Badi Bahu being disrobed, the police denied that any such complaint was made.

Komal Singh Thakur, maintains close ties with Khurai MLA Bhupendra Singh, and was appointed the mantri pratindhi – representative of the minister at the Khurai Krishi Mandi.

Scenes after the attack in Nitin and Anjana’s home. Photo: Screengrab from a Dainik Bhaskar video.

Ramsevak Ahirwar, Rajendra’s father, was present when the mob forcibly entered his home. “Lambardars and their men entered our house, searching for Rajendra. When I told them he was not home, they beat me and injured my leg – I couldn’t walk for two months. They trashed our belongings too. I am telling you this – if they had found Rajendra that day, he would have been murdered too,” he said.

Rajendra was not afraid of anyone, his grandmother recalled. He was a key witness in Nitin’s murder case and was poised to depose against the Thakurs when the matter came up this year. Rajendra received constant threats from the Thakurs and their family members to turn hostile, and depose in favour of the Thakurs, but he always refused.

Rajendra Ahirwar’s home was also trashed, and his father was assaulted – the family did not make a complaint out of fear for their lives.

Weeks before he was to testify in Nitin’s murder trial, Rajendra was attacked with axes and lathis in the home of Pappu Rajak – an aide of the Thakurs. Critically injured, he was referred from the local Khurai hospital to Sagar district hospital and then to Bhopal, but he died on the way. The family also believes his treatment was delayed deliberately: he was sent from Khurai to Sagar – 52 kilometres away – at around 9 pm, but was only referred from Sagar to Bhopal (170 kms) by 2-3 am.

It was clear to Anjana and her family that Rajendra had been killed because of his refusal to testify in their favour; in one of her last statements to the media, she said, originally in Hindi:

“Uncle Rajendra was a witness in the 302-murder case. Israel Khan, whose sons Golu and Lalu Khan, who are in jail, threatened him (Rajendra) to turn hostile and testify in their favour in Nitin’s murder case, and threatened to kill him if he did not do so. Around 8:45 at night, I phoned my uncle, and heard a lot of commotion at the other end. Uncle said, ‘Anju, these people are beating me,’ he mentioned some names and said that a fight has broken out. Then they broke his mobile. I then called my uncle Mohan Ahirwar, his son Vikas Ahirwar and Machla, and they went to where Rajendra was. They said that Israel Khan, Ashiq Qureshi, Tantu Qureshi, Faheem Khan, and Bablu Khan were attacking Rajendra. We informed the police.

“We had reported threats against us, the police had registered an FIR, I don’t know what action they took. Ashiq Qureshi said that we will kill you, we will chop you to pieces, we will slit your throat to pieces for reporting against us, and that is what they did.If the government had demolished the houses of the accused in my brother’s murder, if proper action had been taken against them, Rajendra chacha would have been alive today, he would still be with us…”

After Rajendra’s post-mortem, Anjana, along with Rajendra’s parents – Ramsevak and Bhagwati Bai – were returning to their village with Rajendra’s body, accompanied by a policeman. However, Anjana mysteriously fell out of the ambulance, eventually succumbing to the injuries from the fall.

Anjana’s death, the very next day after the brutal murder of Rajendra – along with the fact that she was the complainant in Nitin’s murder and a key witness in the murder of Nitin and Rajendra created waves across the state.

Congress leader Digivijaya Singh, claimed that Rajendra and Anjana were witnesses to Nitin’s murder and did not succumb to the pressure of the lambardars, which is why they were killed. State Congress chief Jitu Patwari claimed that they would approach the high court to get a CBI enquiry initiated in the matter.

Meanwhile, MLA Bhupendra Singh tried to downplay and trivialise the matter of Rajendra’s murder as a mere conflict between two parties, going as far as to accuse Anjana’s family of criminal tendencies, he said: “Anjana Ahirwar’s deceased relative had a criminal background…According to police records, Rajendra Ahirwar terrorised the village and was involved in criminal activities at the behest of Imran Khan.”

He said, “Congress politicises deaths. The mastermind of the Baraudiya Naunagir case is Imran Khan. Imran was the one who made the deceased’s family commit all these crimes. Imran has murder cases against him. People here are troubled by his terror. Imran has used the deceased’s family.”

He said that the entire CDR of this case should be extracted. “Those who have instigated that girl should be charged”.

It must be noted here that Imran had earlier been associated with the BJP as well. In fact, Bhupendra Singh himself has sent a letter to Imran in 2017, congratulating him on being chosen as the BJP Khurai Grameen Alpsankhyak Mandal chief. But a few years ago, there was a rift.

Bhupendra Singh had previously met the family after Nitin’s murder too. When Anjana asked him bulldoze the homes of the accused, the then Minister of Urban Housing and Development said, “What is the basis for demolishing houses? Fights, disputes and murders happen every day…which law allows us to demolish houses? In case of a crime like rape, or if it is the house of some mafia, meaning if a heinous crime has been committed, only then we demolish houses. Legally we cannot demolish houses. Now the high court has put a stay on it as well…Consider that 10 people live in a house. If one of them is an accused, then what is the crime of the other nine? The house belongs to the 10 does it not? Legally we cannot demolish houses.”

Afterwards, the family was told to stop pursuing the matter of Nitin’s murder and was handed a typed “press statement” to be made to the press, stating that “the family was satisfied with administration’s actions.” However, Anjana refused to make such a statement. The family was repeatedly pressurised to compromise, but Anjana continued her pursuit of justice, going as far as the high court to oppose the bail of the accused in Nitin’s murder. The family has also accused Bhupendra Singh of offering them Rs two crore to stop their pursuit of the matter.

Police investigation: Guided by political interests?

MLA Bhupendra Singh’s words were echoed by the police when the fact-finding team met them. Police were eager to state that Rajendra and Nitin were of “aapraadhik pravritti” (criminal tendencies). The fact that Nitin, a child of a Dalit family of labourers, who was barely 18 at the time of his death was already termed as a habitual offender speaks volumes about Sagar police.

In July, the fact-finding team released its report, which reiterated the need for a CBI enquiry in the matter, as demanded by the family. It also pointed out the implicit bias that had characterised police action since Anjana’s very first complaint in 2019, and questioned its ability to conduct an impartial investigation in the matter, when it was clearly unable to fend off political intrusion into the investigation. Renewed public interest in the matter was quickly ‘dealt with’, as the police hurriedly completed its’ investigation into Anjana’s death by concluding that she jumped out of the ambulance of her own accord.

The family have flatly refused to accept police’s conclusion. Anjana’s mother, Badi Bahu has repeatedly asserted, “My daughter was bravely fighting for justice for Lalu (Nitin). She was prepared to fight all the way to the Supreme Court, how can she have given up her own life?”

Ramsevak Ahirwar, who was in the vehicle with Anjana when she allegedly fell, has repeatedly told the media that both he and his wife, Bhagwati bai were not conscious when Anjana’s fall took place – in direct contrast with the statement in police investigation, where he is said to have “seen Anjana open the gate and jump out of the vehicle.”

Members of the team sought to confirm Ramsevak’s version on three separate visits, which remained unchanged; neither he nor his wife were conscious to see what happened with Anjana – “If she was to jump in front of me, wouldn’t I have stopped her? I would have caught her…She was our daughter too! She was fighting for justice for all of us!” He then goes on to say, “When they were taking Anjana to the hospital, they took my wife, who is unable to hear or speak properly. They did not allow me to accompany her, otherwise I would have talked to her myself.”

All other statements of independent witnesses the police rely on have no mention of Anjana jumping out of the vehicle on her own accord. Whereas all family members unequivocally state that it was the Thakurs who had her killed.

In her last complaint, made exactly three months before her death, Anjana spoke against the constant threats she and her family were receiving from the relatives of the lambardars in prison. Anjana complained that they threatened to frame Vishnu in false charges and make him leave Sagar. Two months later, on May 3, 2024, the District Collector passed an order, externing Vishnu from Sagar district.

She also complained that the lambardars had threatened to kill more of their family members too. Two of the chief witnesses in Nitin’s murder are now dead – Rajendra was murdered, and Anjana died the very next day.

On the recommendation of Sagar Police the investigation into Anjana’s death has been closed by the SDM at Khurai. For the families of the youths who have lost their lives, there is no closure. However, Anjana’s mother remains steadfast, “We will continue to seek justice for Nitin and Anjana till our last breaths.”

Nitin Varghese works with Jagrit Adivasi Dalit Sangathan, a community-led people’s organisation in south-west Madhya Pradesh.

Courtesy: The Wire

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MP diverted SC/ST welfare funds for cow welfare, atrocities against Dalits reported across country https://sabrangindia.in/mp-diverted-sc-st-welfare-funds-for-cow-welfare-atrocities-against-dalits-reported-across-country/ Thu, 25 Jul 2024 11:44:04 +0000 https://sabrangindia.in/?p=36891 In Gujarat Dalit youth beaten for posting picture on Instagram wearing a safa and sunglasses, Dalit teen forced to drink cow urine in UP and anti-Dalit slogan raised in JNU

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Recently, frequent attacks on Dalits are becoming a matter of concern and alarm bells are ringing on their safety as several incidents of brutal attacks and violence reported against the marginalized society of this country have come to light through media reports and social media. 

MP SC/ST welfare fund diverted for the welfare of cow

In Madhya Pradesh, SC/ST welfare fund diverted for the welfare of cow, museum and religious sites. According to documents reviewed by HT, of 252 crore meant for cow welfare (Gau Samvardhan and Pashi Samvardhan), 95.76 crore has been allocated from SC/ST sub-plan. The cow welfare fund has increased from about 90 crore last year.

For redevelopment of six religious sites, almost half of the money allocated for the current financial years is from the SC/ST sub-plan. The government in the budget presented in July announced 109 crore for developing Shri Devi Mahalok, Salkanpur in Sehore, Saint Shri Ravidas Mahalok, Sagar, Shri Ram Raja Mahalok Orchha, Shri Ramchandra Vanvasi-Mahalok, Chitrakut and for a memorial of former prime minister, Atal Behari Vajpayee in Gwalior

Madhya Pradesh is the second state after Karnataka to divert funds from the SC/ST sub-plan for other schemes. Karnataka decided to take 14,000 crore from the sub-plan for funding its welfare scheme, following which the National Commission for Scheduled Castes had issued a show cause notice to the state chief secretary seeking an explanation. The ST sub-plan was introduced in 1974 and SC sub-plan in 1979-80 to implement provisions of Article 46 of the Constitution that provides for states to care for promotion of education and economic interests of the weaker sections. Under the scheme, the Central provides 100% special assistance to states to fund their SC/ST sub-plans. As Hindustan Times reported

Dalit teen forced to drink Cow Urine in UP

In UP’s Shravati district three youth were arrested on for forcing a Dalit minor to drink cow uterine. The victim, who is barely 15 years old (technician), setting sound mixers and audio system at social cultural events. When he was on his way home after work on July 9 in night, he was accosted by the trio – Kishan Tiwari, Dilip Mishra and Satyam Tiwari, who were in an inebriated state.

The accused also misbehaved with the minor and thrashed him, and one of them shot a video of the entire incident, Said Gilaula police station SHO Mahima Nath Upadhyay.

The victim reached home and narrated the ordeal to his elder brother. Next day, his parents and brother lodged a police complaint. The accused were allegedly peeved over the boy’s family charging them extra for an audio system they had installed for a function at their house, police said.

20-Year-Old Dalit Man sets Himself on fire after assault by Employer in UP

On July 13, a 20-year-old Dalit man, Kamalkant allegedly committed suicide in UP’s Firozabad by setting himself on fire after being beaten by his employer and associates.

On July 6, Kamalkant requested an advance of Rs 60, 000 from his employer, Pramod alias Pappu, to repay a loan. Instead of helping, Pramod, along with his associates, held Kamalkant hostage and brutally thrashed him, according to Superintendent of Police (Rural) Ranvijay Singh. A case was registered against Pramod and his associates—Bhura, Bholu, Arjun, and Anuj on Thursday. Anuj was arrested on Friday, and efforts are ongoing to arrest the remaining suspects, SP Singh added.

Dalit youth beaten for social media post in Gujarat

On July 17, in Gujrat’s Ahmedabad a 24-year-old Dalit youth was beaten up by a group of upper caste men allegedly for upholding his picture on his social media handle on Instagram, wearing a traditional headgear and sunglasses. 

The incident happened in Sayebapur village in Himatnagar taluka of Sabarkantha district in north Gujrat on the intriguing night of July 17. According to the FIR filed, Ajay Parmar, who runs an auto rickshaw for living, was beaten up by four men from the Darbar community, who consider themselves Kshatriyas. Parmar has said in the FIR, which was registered on July 18, that while he was returning home in his auto, he was stopped by two people near the Navanagar bus stand. The accused allegedly started beating Parmar, objecting to Parmar’s display picture (DP) which he had uploaded on his Instagram account.

Ajay said that “they told me that only from the Darbar community can wear safa and sunglasses”.

The case against the accused has been lodged under various sections of Indian Penal Code (IPC), including 147 (rioting), 323 (voluntarily causing hurt) and 504 (intentional insult with intent to provoke breach of the peace) as well as the SC/ST Act.

This is not the first case in Gujarat where a Dalit has been beaten up for wearing sunglasses. In June 2023, a 21-year-old Dalit youth and his family were allegedly assaulted by the upper caste Rajput community members for purportedly wearing sunglasses and good clothes. The incident had taken place at Mota village in Palampur.

Several incidents of cast-based atrocities and violence have been reported across the country. Recently A Dalit minor boy brutally beaten by a school teacher. His mistake was that he refused to pluck lemons and Jamuns from the tree in the school for the teacher. The incident happened in Bareilly, Uttar Pradesh

However, on July 20, derogatory and hate oriented slogans such as “Chamar Quit India”, “Dalit Quit India”, “Brahmin-Bania Zindabad’, and “Hindu-RSS Zindabad” were found on the walls of Kaveri hostel in Jawahar Lal Nehru University (JNU).

In agitation various Ambedkarite students raises slogans of “Jai Bheem” in protest against the anti-Dalits Slogans.

Related:

Violence and assault targeting Dalits rock Uttar Pradesh

No country for Dalits: brutal incidents of violence against Dalits in the last week of August

Rising Concerns as Incidents of Custodial Deaths of Dalits and Muslims Continue Unabated

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Farmer leaders detained in Madhya Pradesh, made to sit at police stations, saw police raids at night- attempts to stop farmers from joining protest intensify https://sabrangindia.in/farmer-leaders-detained-in-madhya-pradesh-made-to-sit-at-police-stations-saw-police-raids-at-night-attempts-to-stop-farmers-from-joining-protest-intensify/ Mon, 12 Feb 2024 14:19:46 +0000 https://sabrangindia.in/?p=33098 A petition against "obstructive actions" of the Union and State governments have been filed in the Punjab and Haryana HC, another rural and industrial strike by farmers announced for Feb 16

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Since the morning of February 11, social media is full of videos and photos showcasing the security measures being employed by the state government of Haryana and the union government against the protestors gearing up for the ‘Chalo Delhi’ march to be scheduled to take place on February 13. Reports show the repressive tactics that the State is using in attempts to prohibit the protesting farmers from reaching Delhi, which include imposition of internet shutdown, sealing of borders, cement barricades, spikes, barbed wires and deployment of paramilitary forces, as they prepare for the scheduled protest. Notably, a petition has been moved before the Punjab and Haryana High Court challenging these aforementioned “obstructive actions” of the Union and State governments with the objective of “preventing the farmers from exercising their constitutional right to assembly and protest peacefully.”

The said plea has been moved by Uday Pratap Singh, a Chandigarh based lawyer, to urge judicial intervention and issuance of an urgent interim order to stay these “obstructive actions”. It is also essential to note that through the said petition, the plea has also raised questions against the suspension of mobile internet services and bulk SMS in several districts of Haryana including Ambala, Kurukshetra, Kaithal, Jind, Hisar, Fatehabad, and Sirsa. As per a report of LiveLaw, the petition has highlighted that these suspension of services “further exacerbate the situation, depriving the citizens of their right to information and communication.”

The petitioner has also emphasised upon the constant denial of the authorities to hear and take action on the demands being raised by the farmers in regards to Minimum Support Price. As per a report in LiveLaw, the petitioner has stated “The arbitrary and illegal non-payment of Minimum Support Price sparked a deep sense of discontentment and betrayal among the hardworking farmers of the state. This unjust decision inflicted trauma upon the impoverished farming community. Despite the farmers’ pleas for the government to honour their rightful demand for at least the minimum support price (MSP) for their produce, the authorities have turned a deaf ear to their concerns.” 

Claiming the actions being undertaken by the State to be violative of the fundamental rights of citizens to move freely and assemble peaceful, guaranteed to citizens under Article 19 of the Constitution, the petitioner seeks for an independent inquiry into alleged arbitrary actions, including police intimidation and installation of obstacles.

Meanwhile, a meeting between the farm leaders and three members of the Union cabinet is supposedly taking place in Chandigarh. These ministers, namely Piyush Goyal (Food Minister), Arjun Munda (Union Agriculture Minister) and Nityanand Rai (Minister of State for Home Affairs), are holding a second round of these talks with the farmer leaders to address their concerns and demands. It is essential to note that at the first talk, the three ministers had told the farmers that their demands could not be accepted without consulting multiple Ministries.

Many detained, many face hurdles in reaching Delhi

As per a report of The Telegraph, around a hundred farmers from Karnataka, who were travelling in train to Delhi with the aim of taking part in the scheduled protest, were stopped at Bhopal by the state police. These claims were made by Samyukta Kisan Morcha (SKM) South India Convenor Shanthakumar during a press conference. As per the report, Shanthakumar stated that he was also travelling with the group in the train and “the police stopped us at the Bhopal station, and some of our members were injured,” as per Telegraph. Shanthakumar also provided that he was somehow able to reach the national capital still.

At the same conference meeting, Shanthakumar also clarified that around 23 Mahapanchayat meetings had been held across the country before announcing the march, and the protest had been planned three months before and were not spontaneous.

As per a report of the Hindu, SKM- Non-Political leader Shiv Kumar Kakka, who is also a former RSS functionary, had been detained by the Madhya Pradesh police on February 11. Kakka was on his way to Chandigarh when the said arrest had taken place. As per his statement, Kakka was about to board a train to participate in the second round of talks with the union ministers. According to the Hindu report, Kakka said “I was about to board a train to Chandigarh to participate in Monday’s discussions. I was arrested and taken to the police station. I understand that hundreds of SKM-NP’s activists have also been sent to jail. I was released after three hours. But I will go to Chandigarh at any cost to participate in the protests. The Centre is vitiating the atmosphere by arresting farmers.” 

A report of Naiduniya reported that farmer leaders of the United Kisan Morcha and its associated organizations were being arrested in different districts of Madhya Pradesh. The report asserts that about 150 farmer leaders of the state have been detained at the police station, while many are being sent to jail. As provided by the report, Bhartiya Kisan Union (BKU) state president Anil Yadav was arrested from MP Nagar Bhopal police station, Mahendra Singh Tomar from Rajgarh, senior Kisan Sabha leader Ramnarayan Kureria from Jabalpur. District Vice President of Kisan Sangharsh Committee in Gwalior, Shatrughan Yadav and Shiv Kumar Kakka have been arrested in Bhopal. 

Rakesh Tikait, farmer leader and national spokesperson of BKU, took to ‘X’ (formerly Twitter) to express his anguish at the arrest of farmer leaders by the authorities of Madhya Pradesh and demand their release. In his post, Tikait stated “On the instructions of the Central Government, the state president of Madhya Pradesh Anil Yadav and Aradhana Bhargava have been arrested by the police and sent to jail. The government wants to make Bharat Bandh unsuccessful and suppress the voice of farmers. The government should release them with immediate effect.”

His post can be viewed here:

In addition to this, Indore saw leaders associated with farmer organizations being made to sit in the police station, including the Depalpur and Saver police stations, on the morning of February 12. It was asserted by them that the arrests of the farmer leaders were a part of the government’s attempt to stop the march to Delhi by the United Kisan Morcha on February 13 and to suppress the call for Gramin Bharat Bandh on February 16. It has been alleged by many that the state police also arrested houses of farm leaders late in the evenings of February 11. 

Karnataka Chief Minister Siddaramaiah also posted on ‘X’ regarding the detention of the famer leaders and highlighted the intimidation tactic of the BJP-led state government of Madhya Pradesh. In his post, Siddaramaiah condemned the said detentions and wrote “By arresting and intimidating them, the farmers’ struggle cannot be suppressed. Such repression might only lead more farmers to take to the streets, but the struggle of the sons and daughters of the soil will not cease. If the central government truly cares about peace and order, it should immediately meet the demands of the farmers and resolve the issue, rather than repressing and brutalizing them to silence. Whether it’s at the center or in the states, whenever BJP comes to power, history bears witness that their first act of aggression is against the farmers. The first time BJP came to power in Karnataka, farmers asking for fertilizer were ruthlessly shot down by the government led by B.S. Yediyurappa. Several farmers died due to the violence inflicted on protesting farmers in Delhi and Uttar Pradesh by Narendra Modi’s government at the center.”

His post can be viewed here:

Another protest by farmers announced, this time by SKM

The original SKM, which had super headed the previous one year long farmers protest against the three controversial farm laws, have also announced a rural and industrial strike on February 16, in collaboration with ten Central Trade Unions (CTUs). As per the report of the Hindu, in a joint statement here on Sunday, the SKM and the unions urged the Narendra Modi-led union government to learn lessons from the growing discontent among the farming community and workers of European countries and reconsider its pro-corporate policies, which are being intensified in India.

SKM has strongly objected to the policy proposed by Finance Minister Nirmala Sitharaman to permit corporate forces, including trans-national corporations, to take over post-harvest operations in agriculture, control and dominate food production, and the value-added consumer product market. Corporate agriculture is not a panacea for the agrarian crisis; rather, it will further deteriorate the plight of the farmers and workers in India,” the statement said.

In furtherance to this, the SKM has also asserted said that the rural bandh on February 16 would take place from 6 a.m. to 4 p.m., with all agricultural activities, works under MGNREGA scheme, and other rural and farm works being boycotted. “The supply and purchase of vegetables, other crops will remain suspended; all the village shops, grain markets, vegetable markets, government and non-government offices, rural, industrial and service sector institutions and enterprises in private sector are requested to remain closed. The shops and establishments of towns remain closed for the strike hours,” the SKM said, as per the Hindu, adding that normal public and private transport would remain off the roads.

“Ensure passage to emergency services of ambulance, death, marriage, medical shops, newspaper supply, board exam candidates, and passengers to the airport,” the SKM said in the statement.

Related:

Govandi slum demolition: Temporary halt after protests outside BMC office by residents, those rendered homeless to rebuild their homes at the same site

Delhi, Punjab CMs, INDIA leaders join Kerala’s protest against Centre’s policies, TN MPs wear black robes too

Farmers in Noida, Greater Noida are protesting, which are the farmer unions are leading them

Freezing temperatures do not stop thousands in Leh from protesting to demand statehood, constitutional protections

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Eve of Ram temple inauguration sees “clashes”, planting of saffron flag atop Church https://sabrangindia.in/eve-of-ram-temple-inauguration-sees-clashes-planting-of-saffron-flag-atop-church/ Mon, 22 Jan 2024 08:00:52 +0000 https://sabrangindia.in/?p=32576 Incidents reported from Maharashtra, Gujarat and Madhya Pradesh, all states ruled by the Bharatiya Janta Party 

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Much like December 9, 1992, many pre-planned attacks and “clashes” took place in different parts of India on the night of January 22, the day chosen to inaugurate Ram temple in Ayodhya on the same place that Babri Masjid was demolished. The past few days saw the colours of every city changing to saffron, with roads, public transport and automobiles bearing the saffron flag with the slogan ‘Jai Shree Ram’ on it. The eve of January 22 took an even more sinister turn as unruly mobs created chaos and violence, by targeting religious minorities, while “celebrating” the impending ‘Pran Pratishtha’ ceremony in Ayodhya.

As per multiple reports, Mira Bhayandar-Vasai Virar area of Maharashtra saw some clashes between groups belonging to different faiths during a religious procession that was being taken out in Naya Nagar. The report of Times Now provided that the incident took place around 10.30 on January 21. As per the Free Press Journal, owing to the timely intervention of police, a minor scuffle having the potential to escalate communal tensions that erupted between two groups was diffused. As per the report, the said scuffle had reportedly been triggered by sloganeering near a religious institution.

As per a post of Hate Detectors on ‘X’ (formerly Twitter), DCP (Zone I) Jayant Bajbal provided that the verbal arguments had arisen from what he described as “nothing but a scuffle over a petty matter.” Viewing the tensions prevailing in the area, DCP Bajbal also urged citizens to not succumb to rumours and also reassured the public that no communal flare had been reported in connection with the incident. It has also been reported that a substantial deployment of police personnel has been stationed in the area to prevent any untoward incidents, particularly due to the presence of rumour mongers in the area. A flag march was conducted in the area and the situation remained peaceful on the morning of January 22.

The post can be viewed here:

As per a report of the Hindustan Times, five arrests have been made from the area in connection to the said incident. As per the Times Now report, section 307 (attempt to murder) has been invoked by the police against the attackers as the riders were assaulted during the incident. The said report also provided that the slogan which raised the argument and led to chaos had been raised by people from the Hindu community present in three to four vehicles.

Ironically, even though the police had cautioned people from spreading any rumours that might worsen the already sensitive situation, one sided narratives and videos related to the Mira Bhayandar incident went viral on social media, wherein the cars donning the saffron flag were shown as being attacked. The said videos gave many far-right trolls and extremists the opportunity to target the Muslim community.

Another incident of communal “clash” was reported from the Mehsana district of Gujarat while a religious procession named ‘Shobha Yatra’ was being taken out on the eve of the consecration ceremony in Ayodhya. As per a social media post of Hate Detectors on X, police stated that stone pelting was report when the said procession was passing through Hatadiya area in Belim Vas of Kheralu. According to the police, the stone pelting was triggered by the loud music that was being played from the DJ alongside the procession and bursting of firecrackers in the locality. The clash was dealt with by the police officials by firing at least three rounds of tear gas shells to disperse the crowd from both the communities involved in stone pelting.

Referring to the video clips being circulated on social media showed stones being thrown from the rooftops, Deputy Inspector General of Police, Gandhinagar Range, Virendra Yadav had stated that “The situation is under control as a police team was escorting the procession. We are in the process of registering an offence.”

The post can be viewed here:

A separate shameful and shocking incident was reported from Jhabua in Madhya Pradesh, where far-right extremist’s goons put up a saffron flag on top of a Church while raising the chants of ‘Jai Shree Ram’ in full day light. A video showing the act went viral on social media. The said video had surfaced by the afternoon of January 21. No reports can be found whether any action was taken by the police against the men indulging in the sad illegal act, the faces of whose are evidently visible.

The video can be viewed here:

 

Related:

The making of “Ram Ke Naam”: a Hinduism that is the mirror opposite of Hindutva

To Rama, Four Lamps i will light today within my heart

January 2024: Raking up the myth of temple demolition

A Fast & Penitence: 72 hours of Love & Sorrow to fellow Muslims, pride in My Moghul heritage

Hindutva enters Mumbai college campuses- Gaushala, Shobha Yatra in IIT B, restriction to freedom of speech at TISS

 

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Madhya Pradesh: District after district polices Christmas celebrations, children can’t dress like Santa Claus without “parent permission” https://sabrangindia.in/madhya-pradesh-district-after-district-polices-christmas-celebrations-children-cant-dress-like-santa-claus-without-parent-permission/ Sat, 23 Dec 2023 10:39:47 +0000 https://sabrangindia.in/?p=32008 Signalling a rigid control on school celebrations, Madhya Pradesh that recently elected one more time, the Bharatiya Janata Party (BJP) to power in the state, district collectors first in Shajapur, then Ujjain districts have issued written orders strictly policing Christmas celebrations

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The annual Christmas party and a sit-in with a dressed up Santa is a regular feature in most urban and semi-urban schools across India. Clearly, however for promoters of a rigid majoritarian state, Hindu rashtra, this is not acceptable.

The education officer of Madhya Pradesh’s Shajapur district has, in a written order dated December 14, as reported by The Indian Express, said that both government and private schools will face action if students take part in Christmas-related events without the permission of their parents. This, interestingly, includes children dressing up as Santa Claus or Christmas trees for plays or other events.

The written order by district education officer Vivek Dubey, issued on December 14, reads, “Students should not be made part of Christmas-related events, including making them dress up or play roles like Santa Claus and Christmas tree, without the written consent of parents, to prevent any untoward situation or incident.”

“Unilateral disciplinary action will be proposed against your organisation if there are complaints in this regard,” it added. In a justification of what may be seen as an arbitrary action, Dubey is reported to have said there have been complaints in the past, and that the order does not ban Christmas events in schools.

“The circular does not ban any events in schools during the coming festive season. In the past, there have been instances of parents complaining about their wards being made part of such events in schools without their consent, and the circular is aimed at preventing such disputes. It’s better to prevent such controversies rather than acting after the incident has occurred,” he said.

Now, emboldened by this development that was widely reported in the media, far right group Sanskriti Bachao Manch in Bhopal also issued a warning to a school, asking its administration not to allow students to dress up as Santa Claus without the permission of parents. In a display of competitive aggression, the outfit’s president, Chandrasekhar Tiwar, also protested against the “long leaves” given to students during Christmas, alleging that on Diwali, only two days’ leave is granted while on Christmas, it is 10 days.

In 2022, the VHP had asked schools not to ask students to dress up as Santa Claus or bring Christmas trees without their parents’ permission, claiming that this was “an attack on Hindu culture” and “a conspiracy to influence Hindu children with Christianity”

Meanwhile, UCA News reported that Christians in the central Indian state are worried over a government order asking schools to seek parents’ nod before involving students in Christmas events.  “This is the first time that we are coming across such an order,” said Father Rocky Shah, public relations officer of Jhabua diocese in the state.

Most schools in Madhya Pradesh are run by Catholic and other Christian denominations and its leaders view the circular as a deliberate attempt to target and harass Christians and their institutions. Shah also reportedly told UCA News on Dec. 22, “We never got such an order during the celebrations of major Hindu festivals.”

The December 14 order makes it clear that “students cannot be allowed to dress up as Santa Claus or put up a Christmas tree” in their schools without written permission from parents.

Madhya Pradesh is currently ruled by the supremacist, Bharatiya Janata Party (BJP). The Hindutva party won a fresh mandate at the recent assembly elections, the results of which were declared on December 3. “It is quite alarming to see such a government order,” Shah noted.

A government official, however, defended the action stating that circular is a “precautionary measure” that was aimed at “curbing unwanted incidents.”

Jerry Paul, national president of the Sarva Isai Mahasabha (All Christian Federation), an ecumenical body, told UCA News that the government should rein in trouble-makers rather than threaten the school management with “unilateral action.” “Students dressing up as Santa Claus or putting up Christmas trees are not religious actions, but they are a message of happiness and peace,” he said. He also pointed out to the authorities that “the nativity of Jesus Christ is celebrated in churches and not in schools.” He further asserted that in a democratic country, everyone has the right to spread the message of love and happiness.

Church leaders were apprehensive that the pro-Hindutva party may come out with a similar circular in other districts of the state. Over the past years, Christian schools, hostels and orphanages in Madhya Pradesh have witnessed several surprise raids from child rights protection bodies in the past few years.

Several malicious complaints and cases have even been filed in Madhya Pradesh against Church officials, including a bishop, priests and nuns, under the draconian anti-conversion law. Madhya Pradesh has recorded 35 incidents of persecution against Christians till November 2023 this year.

Christians make up a mere 0.29 percent of 72 million people in the Hindu majority state.

Related:

Christmas of the 2% is being imposed on the 98%, says Suresh Chavhanke

Christmas 2022: Hindu supremacist groups chant “Death to Santa Claus!”

No gatherings allowed for Christmas and New Year in Delhi?

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