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

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

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

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

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

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

Problematic Provisions of MSPS 2024

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Persecution by Multiplicity of Statute Charges

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

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

Nothing but a move to muzzle protests?

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

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

The complete bill can be accessed here:

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The post Maharashtra Special Public Security Bill tabled in assembly, using the myth of “urban naxals” to supress dissent? appeared first on SabrangIndia.

All this revals an abject failure of the BJP led NDA government in planning for the Rabi season and having adequate opening stocks of DAP has created a huge shortage and the crisis for farmers. The global feed and food supply crisis has led to massive shortages of fertilisers. The Government of India has continuously denied the claims of any shortages but the official data show pronounced decline in the availability of urea, DAP, and MoP.  Clearly, the Government preparedness and contingency plans were lacking. As against 34.5 lakh tonnes imported during April to September in 2023, this year only 19.7 lakh tonnes were imported during the same period. There has also been a fall in the domestic production. On 1st October, 2024 merely 15-16 lakh tonnes were in stock as against the recommended 27-30 lakh tonnes; this is while the estimated demand during mid-October to mid-December is about 60 lakh tonnes. Farmers are hit by shortages of DAP and also urea, MoP etc. And reportedly having to pay about Rs.300-Rs400 more than the Government fixed MRP of DAP i.e., Rs.1,350/- per 50-kg bag. Rather than accept the failure and take urgent corrective measures, the Government is in a denial mode and indulging in propaganda on Nano-urea and Nano-DAP whose efficacy is questionable. 

India requires expansion of domestic manufacturing of urea and DAP. The rise in prices of fertilisers due to decontrol also is creating problems. The government needs to secure long-term deals for Muriate of Potash and DAP with other nations. Closure of Public Sector Fertiliser factories also has created problems. Public Sector Fertiliser factories should be reopened and strengthened.

The AIKS has also condemned the BJP led union government for its gross mismanagement of procurement of paddy, moong and other crops especially in Haryana, Punjab, Uttar Pradesh and other States.  The sluggish lifting of paddy and mismanagement of the procurement process by the government agencies has forced farmers to make distress sale at prices far below even the meagre Minimum Support Prices (MSP). Similarly, Moong is not being procured at the MSP which is Rs.8682/- per quintal and farmers have been compelled to sell it at a loss of Rs.2000/- per quintal. Kisan Sabha has received reports from Haryana and Punjab that police cases have been framed against farmers and some of the farmers have been arrested for stubble burning. This is in violation of the written assurance given by Union Ministry of Agriculture on 9th December 2021 that farmers shall no more be liable to be persecuted for stubble burning. AIKS warns of united protests against this deliberate act of provocation. 

Immediately demanding an adequate supply of DAP and other fertilisers, guaranteed procurement of Kharif crops at C2+50%, the AIKS has stated that Government take responsibility for stubble management rather than harassing the farmers. The statement has been issued by Ashok Dhawale, President and Vijoot Krishnan, General Secretary of the organisation.

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The post Failure of BJP-led Mahayuti Government in management of fertilisers & procurement appeared first on SabrangIndia.

The Electricity (Rights of Consumers) Rules, 2020, notified on December 31, 2020, provided that “no connection shall be given without a meter and such meter shall be the smart pre-payment meter or prepayment meter”.

Based on the abovementioned changes being mandated by the government, by former Mumbai mayor Nirmala Prabhawalkar and Harshad Swar moved the petition in the High Court of Bombay highlighting the hardships this scheme will have on the people by stating that “The implementation of the scheme to install smart prepayment meters/prepayment meters will cause extreme hardships and havoc on the poorest of poor class of people living in slums, chawls of Mumbai and rural hinterland.” 

Focussing on the right of the consumer to choose between pre-paid and postpaid meters, the petition emphasised on Section 47 (5) under Electricity (Rights of Consumers) Rules, 2020 under the Electricity Act, 2003, which allows consumers to opt for prepaid or post-paid meters. “The petitioner states that the above said rightful option of choice, which is protected by the Act, is sought to be snatched away by a colourful exercise of administrative overreach by resorting to a mechanism of notification of Rules under the Act by way of delegation legislation and which is void ab initio,’’ the petition provides. 

The petition also highlights for the scheme appears to have been brought in that in arbitrary there was no widespread publicity, and consumer bodies were neither consulted nor taken into confidence by governments and discoms. Even the serious doubts being expressed by consumer bodies, which ranged from the actual cost of the meter to the accuracy and reliability of such meters, were not given any importance. 

Postpaid electricity metre policies give consumers time to make financial decisions. By doing so, uninterrupted power supply is also guaranteed. However, in the prepaid electricity metre scheme, electricity supply will not start without payment of electricity bill. As a result, citizens will be inconvenienced, the petitioners have pointed out in the petition. It informs that there have been instances of erratic billing in other States where the scheme has been implemented. The petitioner states that “In such a scenario, the supply to the consumer will get automatically disconnected and the consumer will be at the mercy of recharge to restore his supply and has limited recourse to agitate for recovery of excess deduction or exorbitant debit in his account.’’

Through the petition, the issue of raised cautions about people, mainly senior citizens who are not comfortable with smartphones, becoming vulnerable to online fraud and scammers.

In addition to highlighting the hardships that people will face in securing funds to work in accordance to the pre-paid policy, the petition also pointed to the several implications of these meters. As per the petition, if the smart meter is not recharged in time for any genuine difficulty or due to any technical snag, consumers are likely to face automatic disconnection. Furthermore, the system is also bound to lead to large-scale unemployment of employees from meter reading and billing sections of discoms, and such mass scale unemployment is going to create massive socioeconomic problems.

In addition to this, the petition also pointed to the liquidity issues that the country will have to face if discoms insist on replacing existing meters with prepaid smart meters. As per the petition, after the meters are replaced, then consumers can also insist on immediate refund of the security deposits lying with all these discoms. Consumers will be justified in refusing to adjust these security deposits against their future bills because technically the day the discom installs a prepaid meter, it has no legal right to hold the security deposit even for one single day. This can create serious liquidity issue for discoms. 

The petitioners have said that the claim of reduction in payments through this scheme is also bogus. To explain the same, the petitioners cited a report of the Hindustan Times, which provided that MSEDCL declared payment default by 87511 consumers which is 0.32% of its 2.7 crore connections. They have alleged that the whole exercise is “being solely done to protect the revenue of private players taking over the role of distribution of energy…” 

Hence, through the petition it has been alleged that the smart system may be cost effective for discoms, but considering the genuine practical difficulties likely to be faced by consumers and also keeping consumer interest in mind, government must consider providing postpaid facility. The petitioners have also mentioned in the petition that they had previously also written to the union and the state electricity regulatory commissions before moving High Court, to highlight the “difficulties citizens of Maharashtra will face and calling upon them to provide the option of choice to the consumer between prepaid or postpaid connections.” The same reaped no result.

It is essential to note that the Maharashtra government has, on June 15, announced that it will hold back the rollout of smart meters for domestic consumers. Deputy Chief Minister Fadnavis and Energy Minister Nitin Raut had provided that, “We have decided to put on hold the installation of smart meters in homes. This decision has been taken based on the feedback received from consumers and experts.” However, it is essential to point out that the scheme has only been put off for residential consumers, and not completely dropped. As per the announcement, the government now aims to resolve the apprehensions of the people. 

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The post PIL challenging compulsory use of smart prepaid electricity meters remains pending in HC as Maha govt temporarily puts off decision to mandate pre-paid meters appeared first on SabrangIndia.

In his video segment, he made the following claims, 

“Why did the Maharashtra government give a grant of 10 crore rupees to the Waqf Board, which should be buried? To defeat Modi in the Lok Sabha elections, those who did vote jihad are now being given a return gift by Eknath Shinde ji? Does this mean that if Afzal Khan stabs us in the back now he will be rewarded? If you want to give it, give it from your party’s account, the one you separated in the name of Hindutva. We oppose giving money to a board that should be dissolved.” He invited people to tune into his show and give him support. 

Who is Suresh Chavhanke?

Suresh Chavhanke is a shrill, right wing Hindutva journalist who is the current chairman, managing director (CMD) and the editor-in-chief of  Sudarshan TV Channel Limited. He is the anchor of TV show Bindas Bol. His ties with the Rashtroya Swayamsevak Sangh (RSS) are long standing, having been a member since the age of 3 years when he started attending its ceremonies. As a member of RSS, he had worked as a reporter of pro-RSS newspaper, Taun Bharat.  He has held several posts in RSS before becoming a “full-time reporter”. He launched Sudarshan News channel in 2005 in Pune and later shifted it to Noida.]  

Repeat Offender 

Sudarshan TV News editor-in-chief Chavhanke has been repeatedly accused of hate speech. The  Citizens for Justice and Peace (CJP) has consistently filed complaints against him to the National Broadcasting Standards Authority (NBSA) due to his inflammatory speeches. A 2023 analysis by Sabrang India also seemed to show that where Suresh Chavhanke gave speeches, communally charged violence used to soon follow. For instance, since December 2022, Chavhanke had made five hate speeches in Maharashtra, specifically in Jalgaon (December 25, 2022), Ahmednagar (February 6), Pune (February 15), Aurangabad (March 19), and Nashik (March 22). Violence against Muslims erupted on March 28, 2023. Additionally, Chavhanke played a significant role in the controversy surrounding the renaming of Aurangabad through his programme on Sudarshan TV. 

जिस वक़्फ़ बोर्ड को कबर में गाड़ना चाहिए उसे महाराष्ट्र सरकार ने १० करोड़ रूपये की ख़ैरात क्यों दी?

लोकसभा चुनाओ में मोदी को हराने के लिए जिन्होंने वोट जिहाद किया, उनको एकनाथ शिंदे जी रिटर्न गिफ़्ट क्यों दे रहें है?

मतलब अब अफ़ज़ल खान पीठ में ख़ंजर मारेगा तो उसका पेट फाड़ने… pic.twitter.com/dElSf5f6ii

— Dr. Suresh Chavhanke “Sudarshan News” (@SureshChavhanke) June 14, 2024

In a new government resolution from June 10, the Maharashtra Minority Development Department has announced that the Waqf Board will be allocated Rs 2 crore from the Rs 10 crore budget, which is being set aside for minority welfare in the 2024-25 financial year. This directive was issued by Moin Tashlidar, the Deputy Secretary in the Maharashtra government.

The Vishwa Hindu Parishad (VHP) has also added to this and called out the Maha Yuti government, which is led by the BJP in Maharashtra, for allocating a grant of 10 crore rupees to the state Wakf Board. Mohan Salekar of the VHP, has spoken against the state government for “strengthening” the Waqf Board through this step. Salekar stated that the VHP is completely opposed to this grant, stating that the Maha Yuti government is taking actions that even the previous Congress-led government did not undertake and accused them of ‘minority appeasement.’

As per the Indian Express, the state BJP president Chandrashekhar Bawankule has responded to these comments saying, “The funds allocated by the state government was for digitisation of the Waqf Board. The process was necessitated to fix the wrongs. It would help to identify the land which has been wrongly acquired from Hindus and tribes and backward classes.” He also decried any claims accusing the government of minority appeasement. 

As per Deccan Herald, the budget for the Union Ministry of Minority Affairs was again slashed by 38 % in the last fiscal year. Earlier it had been ₹5,020.50 crore in 2022-23 in 2023-24 it was ₹3,097.60 crore. 

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The post Suresh Chavhanke, notorious for hate speech, lashes out at the Maharashtra government for allocating funds to minorities appeared first on SabrangIndia.

The Government Resolution (GR), was reportedly issued by the school education department on Friday, March 15. The GR asks teachers to be cautious of what they wear as school-going children are impressionable and inappropriate clothes on teachers can have an adverse impact, the notification said.

The GR contains nine-point guidelines regarding dress-code for school teachers, it is applicable to all schools, irrespective of whether they are public or private run and affiliated to the board.

However, the newspaper reports that teachers and educationists, , have criticised the move while questioning the intent. A school teacher from Mumbai said, “Teachers are already conscious of dressing appropriately. Schools, too, are careful in ensuring the same in their own ways. There was absolutely no need for the state to interfere and declare a dress-code for teachers.” According to schools and teachers, it is their individual and local prerogative to decide what to wear.

Quick to respond, a senior official from the department however said, “These are guidelines and should not be considered as mandates. There is no decision yet on taking any action in case of non-compliance.”

Tr. For teachers

Just like “Dr” for doctors, “Adv” For lawyers, teachers will now write “Tr” as a prefix before their name. This decision by state’s school education department is aimed at boosting the morale of teachers by giving them recognition. The Commissionerate for school education is tasked with finalising a sign for the same, along with adequate publicity for it.

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The post Maharashtra Dress Code: No jeans & t-shirts for teachers, wear salwar or churidar says govt diktat appeared first on SabrangIndia.

The High Court was hearing a writ petition filed by rights activist Shakir Tamboli wherein he had sought for judicial intervention to direct the state government “to take immediate action” against Pawaskar based on two FIRs filed against him. Urging for Pawaskar’s “prosecution and arrest”, the petitioner had also sought for the transfer of the probe in this case to a court-monitored special investigation team.

Brief of the September anti-Muslim attack:

In the month of September of 2023, anti-Muslim violence had taken place in the erstwhile quiet and harmonious Satara district of Maharashtra. On September 10, two posts/comments allegedly surfaced from the social media accounts of Altamash and Muzzamil Bagwan. While Muzzamil’s alleged post contained derogatory references to Shivaji, Altamash’s alleged comments contained derogatory comments about Sita. As both the aforementioned individual were by the police for investigation, on September 10 itself, a mob of approximately 200 to 250 people, some from neighbouring villages like Wadgaon gathered in Datta chowk at around 9.30pm. The mob was allegedly “enraged” by the alleged posts of Altamash and Muzammil. To showcase their “anger”, the said mob attacked shops owned by Muslims on their way from Datta chowk to the Jama Mosque. 

Details of the anti-Muslim riot that took place in Satara can be read here.

A report by theWire highlights that in reference to the case on the violence attack on a mosque, at least six independent witnesses have testified before a magistrate under section 164 of the Code of Criminal Procedure. These witnesses include those who had overheard Pawaskar and others at the conspiracy meeting and those attacked at the mosque have given elaborate details of Pawaskar’s direct involvement.

FIRs filed against Vikram Pawaskar:

As per the writ petition filed at the Bombay High Court, under Article 226 of the Constitution of India, the petitioners have shed light upon the two instances of hate speeches delivered by the BJP leader. As per the petition, on January 24, 2023, Pawaskar made a hate speech targeting the Muslim community and uttered derogatory words against the religious minority community. These speeches were made in front of an audience of 3000 to 3500. As per the submission made by the petitioner through the petition, the speeches of Pawaskar incited hate, enmity, and violence by using derogatory words against the Muslim community. It is pertinent here to highlight that the FIR filed at Vita Police Station in the case on May 11, 2023 records that Pavaskar repeatedly used the derogatory word “Landya (meaning circumcised)” while referring to the Muslim Community and gave calls to communal violence and killings of Muslims in his speeches. The said FIR booked Pawaskar under sections 153A, 295A and 34 of the IPC.

The writ petition also mentions another instance of hate speech that took place on June 2, 2023. As had been reported by Sabrang India, on June 2, a gathering was arranged by Shiv Pratisthan Hindustan in Islampur. During this event, in the presence of police officers, Pawaskar made an incendiary speech that had anti-Muslim sentiments. He mentioned historical figures such as Tipu Sultan, and made derogatory comments about their lineage. Additionally, he also made remarks about the so-called bogey of “love jihad” as he called for unity among Hindus and also asserted that India should become a Hindu Rashtra. An FIR against the said hate speech delivered by Pawaskar was registered at the Ialampur Police stated under sections 153A, 295A and 298 of the IPC.It is essential to highlight here that in regards to the hate speech delivered by Pawaskar in June,

A detailed report of the hate speeches along with the videos of the same can be accessed here.

The proceedings before the court:

Petitioners: Senior counsel Mihir Desai and advocate Lara Jesani represented Tamboli in the court. During the hearing on February 9, it was submitted by the counsels that the police took no immediate steps to arrest Pawaskar despite two separate incidents of alleged hate speeches having been delivered by him in Sangli’s Vita (January 24) and Islampur (June 2). It was also highlighted by the counsels that the police had video graphed the event and had also registered an FIR against him.

State: The state government, represented through public prosecutor Hiten Venegaonkar, had submitted one affidavit in the High Court regarding the Satara case, granting clean chit to Pawaskar in the case. It is essential to highlight here that in the said Satara case, in the initial FIR filed by the Satara police on September 11, 2023, a total of 28 accused had been named. In the Supplementary statement recorded by the Satara Police on September 13, 2023, in which they had cited a complainant who had stated that a meeting had been held by BJP leader Pawaskar on August 21. The said meeting had been organised at the house of another accused, Sangram Dadaso Mali, in Karad, 28 kms from Pusesavali. The same is important to note as at least 27 of those accused of rioting on September 10 were present for this particular meeting as per the petition. As per the petition, the supplementary statement provides that Pawaskar directed those in the meeting to target Muslims and planned an attack to damage vehicles and property, cause communal violence and lynching. Notably, the police had added Section 120B of the Indian Penal Code after the statement related to Pawaskar was added in the FIR. However, Pawaskar’s name could not be found in the final chargesheet or in the list of accused. 

Notably, the aforementioned affidavit granting clean chit to Pawaskar had been filed in response to the observations made by a division bench of justices Manjusha Deshpande and Revati Mohite Dere during the last hearing of the case. On January 24, the judges had taken note of the seriousness of the charges levelled by the petitioner against the police and Pawaskar, had asked the police to file an affidavit in the court stating the reason behind lack of initiation of action against Pawaskar.

To read the details of the January 24 hearing, click here.

As per a report of times of India, the police had also sought time to file another on the Sangli cases. The arguments raised by the State emphasised that the police were following the necessary process in taking action.

Intervention: Advocate Abhinav Chandrachud, representing BJP leader Pawaskar, also sought to intervene in the case stating that the demands made through the said plea affected his client’s rights and thus he was required to be made a party to the said petition. The request to intervene by Advocate Chandrachud was not considered by the High Court as no written application for intervention had been submitted in the court. 

Observations made by the Court:

Notably, as per the report of the TOI, when the bench raised questions to the prosecution on their lack of action against Pawaskar, the counsel representing the state informed the court that the police were waiting for a forensic report of the videography done at the event. Reacting to the same, the bench expressed surprise over the need for a forensic examination of the video that the police had themselves recorded.

The court asked the state several questions on its inaction regarding the two FIRs in Sangli. 

Based on the arguments raised by the petitioners, the Bombay HC bench division bench pointed towards the inadequacy of the state government in taking required action against the petition seeking the arrest of BJP leader Vikram Pawaskar for his alleged role. 

The next hearing of the case will take place on March 5. 

Related:

Hate Offender: BJP state VP, Vikram Pawaskar uses abuse and intimidation against Satara’s Muslims, wants “Hindu Rashtra”

Muslims, victims of targeted violence in Pusesavali, Satara: Fact-finding report

Pay compensation to Nurul Hasan Shikalgar’s family, order independent judicial inquiry: Satara Citizens to Maharashtra Govt

File a criminal case against Vikram Pavaskar, Shiv Pratisthan Hindustan demand citizens and social organisations

The post Bombay HC: Maha govt to place affidavit on steps taken in cases of hate speech, reason for inadequacy in action on BJP leader for alleged role in mosque attack, hate speech appeared first on SabrangIndia.

The video can be viewed here:

Very disturbing visuals from Barsu emerging since morning.

Protesting villagers are being manhandled by the police, especially the women protestors are detained and are shifted from the area.

Video: @TV9Marathi pic.twitter.com/55wgkdEmqF

— Hrushikesh (@Reashiee) April 25, 2023

In another video, the police can be seen threatening the villagers to vacate the area to forcefully conduct the surveys.

The video can be viewed here:

From the visuals police can be seen threatening the villagers to vacate the area to forcefully conduct the surveys. pic.twitter.com/nYViTCKTra

— Hrushikesh (@Reashiee) April 25, 2023

Even during this deadly heat wave, the protesting women had come out in large numbers and were exercising their right to protest and dissent in order to protect their land, nature and livelihood. And yet, they were being illegally detained and being transferred.

The video can be viewed here:

In this deadly heatwave women have come out in large numbers and are protesting to protect their land, nature and livelihood. But police has detained them and have shifted them to Ratnagiri the district town.
Head of the Refinery Virodhi Sanghtna from Mumbai has been arrested. pic.twitter.com/ieWiphYrjO

— Hrushikesh (@Reashiee) April 25, 2023

Poor villagers, who are mostly indulged in the occupation of farming, have been protesting against the said project for two years. Speaking to a local journalist, one such protesting farmer stated “They have given us externment notices, they have barred some of us from our own district. During night, they are entering our houses, is it right to serve notice at night? You come in the morning, give notice, take people but you come at midnight 1 am- 2am and harass people?” He further said that “I live in the jungle, police entered my house at midnight, and my wife was alone there, when police left she fell down in dizziness. They put a notice on my house, who am I? I am a simple farmer. Why did they put a notice on my house? Show me one reason for it!”

Not willing to succumb to the oppressive tactics of the government, the protestor then says “Just because I am opposing the project, I am at fault? My panchayat has already given you the resolution! I will fight for my land! My fight for my land will continue!”

The video can be viewed here:

LISTEN TO THIS!

Keep aside your sustainability jargons!

This is real!

Attaching the English transcription along with this video

“Government is not at all understanding the reason why we are protesting from last 2 years because we are poor farmers. (1) pic.twitter.com/BeV9Qu3GVO

— Hrushikesh (@Reashiee) April 24, 2023

As reported in the Times of India, a total 111 protestors were picked up by police on Tuesday. As per the information provided, three Mumbai-based activists were among those arrested and released by a court in Lanja. As is being alleged, the police had dropped them off at Panvel. It is also essential to note that Activist Satyajit Chavan, who had been detained by the Ratnagiri Police was released on bail but has been arrested again on different charges. Allegedly, the sections of Indian Penal Code that have been invoked against him are- 143 (Punishment for Unlawful Assembly), 147 (Punishment for rioting), 149 (offences against public tranquillity), 314 (intent to cause the miscarriage of a woman with child,), 109 (Punishment of abetment), 186 (voluntary obstruction of public servant in discharge of public functions), and 188 (Disobedience to an order lawfully promulgated by a public servant). He has now been taken to the Rajapur Court.

On April 22, activists Satyajit Chavan and Mangesh Chavan, who have been actively involved in the movement against the Barsu-Solgaon refinery project in villages in Ratnagiri district’s Rajapur taluka, were detained by Ratnagiri police. The above-mentioned activists were placed in preventive detention, according to Ratnagiri Police Station In-Charge, as the administration was set to begin a survey of the proposed area for the refinery in the Barsu-Solgaon surroundings, something that the villagers have been opposing vehemently for the past two years.

Related:

Activist actively involved in protesting against the Barsu-Solgaon refinery project detained by police

Journalist Shashikant Warishe murdered for uncovering anomalies in the Barsu Refinery project

Journalist detained for interrogation for report on right wing groups

Maharashtra Farmers Set Off on Long March Again, to ‘Fight Till Last Drop of Blood’

The post #NoToBarsuRefinery: Protestors manhandled and arrested, activist re-arrested after attaining bail appeared first on SabrangIndia.

On December 14, the Eknath Shinde led Maharashtra government issued a Government Resolution (GR) to the tune that a Committee headed by the state’s Women and Child Development Minister and BJP leader Mangal Prabhat Lodha will gather “detailed information about couples in interfaith and inter-caste marriages and maternal families of the women involved if they are estranged. The Committee will also oversee district-level initiatives for women in such marriages who may be estranged from their maternal families so that assistance can be provided, if needed, the resolution stated.”

The move clearly meant to police the private lives of individuals apart from stigmatising and targeting minority populations has drawn widespread criticism and opposition.

Many social organizations in the state have opposed this decision of the government calling it ‘moral policing’ and infringement of people’s right to privacy. They have raised concern that this data will be misused to monitor potential inter-caste and interfaith marriages and to discourage the same with the apprehension that such couples could be harassed. They also state that the government is ignoring real issues being faced by women in the state and should instead focus on effective implementation of laws against domestic violence and crimes against women.

Maharashtra Mahila Parishad has stated that the government does not have the right to interfere in the lives of people and nor to discipline them in any manner. By forming this committee, the government is invading people’s privacy and impinging their right to privacy. The letter points out that for any matrimonial dispute that may arise in interfaith or inter-caste marriages that may require counselling and other assistance, there are adequate grievance redressal mechanisms and organizations to provide the same. “By Collecting data, the government intends to target particular communities”. The letter states that instead the government should look at why domestic violence is prevalent in those marriages which are arranged and where both families are in agreement over the match.

Stree Mukti Andolan Sampark Samiti in its letter has stated people who endorse democracy ought to oppose this resolution by the state government and the committee that is being sought to be formed. It further states that the GR is an insult to the Constitutional provisions which bestow individual freedoms upon adults, women and men alike. To fight the caste system and to prevent communal disharmony, inter caste and inter faith marriages are a way out and this has been endorsed by Dr Babasaheb Ambedkar as well.

In case people in such interfaith and inter-caste marriages are facing any issues, they are free to use the existing state machinery to redress the same. In order to ensure that laws relating to domestic violence and crimes against women are implemented effectively, the state needs to empower its agencies and create awareness about the same. The letter states that instead of doing this, the government is infringing people’s constitutional and fundamental rights and freedoms. “in reality, this so-called ‘platform’ is a misuse of the system to invade people’s privacy.

The letter has raised concerns that this data that will be collected will be used to monitor women and to shut any attempts at inter caste and inter faith marriages to keep the so-called “purity” of their castes and religions intact. The Samiti has termed this exercise of the Maharashtra government as ‘moral policing’ and one that has no legal sanction and has called for the cancellation of this GR. The letter states that Ministers wh9o have no idea about the real issues being faced by women have issued this resolution and they do not deserve to hold their post. This letter has been endorsed by Akhil Bhartiya Janvadi Mahila Sanghatna, Bhartiya Mahila Federation, Nari Samta Manch, Kagad Kach Patra Kashtakari Panchayat.

Political Opposition

The decision has also been opposed across party lines in the opposition. Samajwadi Party leader and Bhiwandi MLA Rais Shaikh has said that they will challenge the decision in court, “This GR is propaganda before elections. It is the concerned minister’s personal beliefs that are reflected in the GR. This school of thought divides society,” he said.

NCP leader Jitendra Awhad took to Twitter to express his dissent, “What’s this rubbish of committee to check inter caste/religion marriages? Who is govt to spy on who marries whom? In liberal Maharashtra this a retrograde, nauseating step. Which way is progressive #Maharashtra heading towards. Stay away from people’s pvt life. This is anti-constitutional and encroaching into fundamental rights and law commission has taken strong objection (sic)”. He further said that the decision to marry anyone is a personal decision and the government cannot have a say in it. This will only strengthen the caste system, he added.

Congress Maharashtra spokesperson, Sachin Sawant said, “This decision is part of a political agenda of the state government. This amounted to putting a strain on the state administration at the cost of the taxpayers’ money to further a political agenda”.

About the Committee

The intention of the government is to “provide a platform for these women and their families to access counselling, and communicate or resolve issues.” The Committee will also study policies at the Central and state levels, welfare schemes and laws regarding the issue.

On November 19, Minister Lodha had directed the State Women’s Commissioner to set up a special squad to identify women who have married without support from their maternal families, and are estranged from them, and extend support and protection if needed. This was done in light of the murder of Vasai resident Shraddha Walkar in Delhi allegedly by her partner Aaftab Poonawala, reported Indian Express.

The Committee is assigned with the task to hold regular meetings with district officials on the issue and to review work on seven parameters, mainly to collect information on registered and unregistered intercaste and interfaith marriages; on such marriages that have taken place in religious places of worship; and on those that have taken place after elopement [of the couple]. Further, data will also be collected from the stamp duty and registrar offices; contact newly married women involved as well as their maternal families; find if they are in touch with each other; obtain the addresses of the women’s maternal families in cases where they are estranged and contact the parents in such cases; and take the help of counsellors for parents who are “unwilling” [to resume contact], reported IE.

Background on Inter-Caste Unions

Maharashtra has had a long history of progressive thought that has backed such unions. Dr. Bhimrao  Ambedkar’s way of thinking about the evils of caste, community and gender discrimination, was evidenced in the Constitutional provisions and subsequent laws like the Special Marriages Act. During the colonial period, Babasaheb Ambedkar was in direct contact with the women who were acutely suffering of his own community and seen the realities of caste discrimination in day-to-day life as an insider belonging to the caste of untouchable community. He had made attempts to erase the stratification among the castes by promoting inter caste and inter community marriages, secularising the society we live in. He actually prescribed inter-caste marriage as the real remedy for the abolition of caste and for India to move towards a caste-less, equality driven society. Criminalising of every inter faith relationship awaiting the State’s blessings, and discouraging assertion of women voices is against the Constitutional vision that Babasaheb dreamt of.

State incentives for inter-faith marriages:

Several states, including Maharashtra have been moving up the path of social reforms attempting to encourage the idea of a caste less society, one that Babasaheb envisaged to liberate men and women from the shackles of regressive notions and critical religious texts. The State of Maharashtra had planned to provide special concessions such as fee waiver to the children born out of inter caste and inter-religion marriages. In 2018, the Social Justice Minister of Maharashtra had said that the couples where spouses are from different religions or castes have to face various problems, including social boycott and the threat of honour killing and hence, besides other aspects, a law in place will focus on what kind of protection can be given to the couples who are facing such threat. Honour is in the attempt to achieve that glory by encouraging States to come up with incentives to encourage inter faith unions. The Act and the Ordinance aims to take ten steps backward against the spirit of national unity and fraternity.

The Right to Love campaign run by Sushant Asha and Abhijit K in Maharashtra, both journalists cum social activists, helps inter religious couples facing opposition to avail protection by police, legal help to get marriage registered, counselling to deal with the mental pressure and also in finding job opportunities. With such laws in place impinging on your free will and right to conscience, the significance of the work and efforts put in by such individuals becomes even more stark.

Related:

Three States have demanded caste census, says MHA
State has no business to know if a person has changed religion: Deepak Gupta former SC Judge
Uttarakhand further amends its ‘anti-conversion law, maximum sentence up to 10 years 

The post M’tra Govt’s move to set up “Commission” on inter-caste, interfaith marriages strongly opposed by women’s groups, Opposition appeared first on SabrangIndia.

Hindustan Times  reports that the state government has decided to offer legal and financial help to as many as 1,641 prisoners, who, in spite of being granted bail, have been languishing in jail for want of assistance to complete formalities. This step will also be a move  towards decongesting the prisons.

It was deputy chief minister Devendra Fadnavis who made this announcement after chairing a review meeting of home department officials at Mantralaya on September 26. Now that the decision has been taken, it is to be seen how quickly the jail bureaucracy steps in and implements the decision.

Fadnavis, who also heads the home department, also ammounced that Majarashtra’s e cyber security infrastructure will be strengthened while 20,000 police personnel will be recruited in the next two years. “The state recruited 5,297 constables in 2019, and the process to hire another 7,231 personnel is under way. Besides, 10,000 constables will be recruited to replace those who had retired till December 2021. A proposal in this regard will be placed before the cabinet soon.”

The home department has also been asked to complete the second phase of installation of CCTV cameras in Mumbai within one month.

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Following reports of Covid-19’s impact on children, the Maharashtra government on June 2, 2021 announced fixed deposits of Rs. 5 lakh and Rs. 1,125 monthly allowance for children who lost at least one parent to the Coronavirus.

According to the Daily Hunt, the decision was taken during a cabinet meeting chaired by Chief Minister Uddhav Thackeray. The scheme provides financial aid for any individual below 18 years of age, who lost one or both parents following the Covid-19 outbreak after March 1, 2020.

Orphans will get the Fixed Deposit (FD) amount with interest after reaching 21 years, but semi-orphans (children who have one surviving parent) are not eligible for the scheme. The latter will only receive monthly financial assistance. An official told the Economic Times that the government is trying to raise the monthly allowance to Rs. 2,500.

While a similar scheme is being implemented through the PMCARES scheme, the Maharashtra government will also run this scheme in tandem.  As per government estimates, there are around 160 orphans and approximately 5,000 semi-orphans following the pandemic. In Mumbai’s suburbia, there are 444 cases of semi-orphans and 7 cases of orphaned children.

In case a family is unwilling to look after a child, the government has promised to take responsibility of the minor. On the other hand, relatives who look after the child will receive a grant from the Child Care Scheme of the Department of Women and Child Development. The term deposit will be in the joint bank account of the child and the District Women and Child Development Officer.

This is the first time that the government has announced a concrete scheme for Covid-orphans, as per records of NGO Save The Children that kept a record of all state government schemes for children across India.

Nonetheless, the government had organised a 10-member task force in each of 36 districts to identify and arrange for Covid-affected children. Earlier, Ahmednagar reported at least 9,000 children as Covid-positive in the month of May although 95 percent of them were asymptomatic. The task force already held a meeting earlier in the week to discuss the situation and prepare for the third wave of Covid-19.

Similarly, the Maharashtra administration will set up a helpline number to seek information about orphaned children in light of information that anti-social elements were encouraging illegal adoption of such children on social media. The Union Ministry of Women and Child Development also announced its CHILDLINE number that entertains calls from both children and adults. The number is 1098.

Related:

Shocking! Over 9,000 children test Covid-positive in May in Ahmednagar
Upload information about children orphaned due to Covid: SC to Districts
GoI claims 577 Covid-orphans, but numbers may far exceed official data: Outreach workers
Covid-19 Vaccine: Where are the crores of doses manufactured, but not administered

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