Rajya Sabha | SabrangIndia News Related to Human Rights Fri, 01 Aug 2025 11:39:54 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Rajya Sabha | SabrangIndia 32 32 No category of suspicious voters as per the RP Act, 1951: ECI told in Rajya Sabha https://sabrangindia.in/no-category-of-suspicious-voters-as-per-the-rp-act-1951-eci-told-in-rajya-sabha/ Fri, 01 Aug 2025 11:36:01 +0000 https://sabrangindia.in/?p=43048 In the Rajya Sabha, yesterday, July 31, the ECI admitted (informed) the house that, in election law, no category of 'suspicious voters' exists

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On July 31, 2025, the Election Commission of India (ECI), admitted (informed) that, in election law, no category of ‘suspicious voters’ exists. The answer to the question was given through the union Law Minister in response to a query from a Samajwadi Party MP regarding serious apprehensions around the voting process. Samajwadi Party MP Ramji Lal Suman had raised a series of questions regarding the voting process, seeking clarification from the Election Commission. The MP’s questions addressed several points of public debate, starting with whether “suspicious voters” had cast their ballots in the recent Lok Sabha elections. He also brought up the assertions made by some experts that EVMs are susceptible to manipulation, and asked if this has led to increased voter apprehension. MP Suman also sought details on the measures the ECI has put in place to address and allay these public concerns.

Apart from answering the question on ‘suspicious voter’ category, the exchange in the Upper House also focused on Electronic Voting Machines (EVMs) and concerns over their integrity, which the ECI refuted by citing legal history and public information. In response, Law Minister Arjun Lal Meghwal provided the ECI’s official stance. On the first point, the ECI clarified that the Representation of People Act, 1951, does not recognise a category of “suspicious voters.” On the matter of potential manipulation, the ECI stated that election results cannot be manipulated on EVMs. 

ECI rejects apprehensions, cites court rulings

Emphasising that the EVMs cannot be manipulated, the response from the ECI via the Law Ministry also stated that as many 42 petitions against use of EVMs which have been filed before various High Courts and Supreme Court and after going through various aspects of the technological soundness and the administrative safeguards involved in the use of EVMs, courts have found “EVMs tamper proof, credible and reliable.” The Law Minister also informed the House that the machines have been used in numerous elections and have undergone public and legal scrutiny over the years. 

“The ECI has stated that there is no doubt in fairness and integrity of EVMs which have stood the test of several elections, public and legal scrutiny over the years. The ECI has further informed that in at least 42 petitions against use of EVMs which have been filed before various High Courts and Hon’ble Supreme Court of India and after going through various aspects of the technological soundness and the administrative safeguards involved in the use of EVMs, the Hon’ble courts have repeatedly held that EVMs are tamper proof, credible and reliable. The ECI has also mentioned that in order to dispel any apprehension of any kind whatsoever, EVM related documents, such as manual on EVM and VVPAT, presentation on EVM, status paper on EVM, legal history of EVMs and VVPATs and FAQs on EVM are available in public domain i.e. ECI website (https://www.eci.gov.in/evm-vvpat)” Law Minister said in Rajya Sabha

Furthermore, the ECI noted that to help voters understand the technology and processes, EVM-related documents such as the manual on EVM and VVPAT, a status paper, and a legal history of the machines are publicly available on its official website.

ECI’s answer dated 31.07.2025 can be read here

 

Related

VFD’s rebuttal of the Fadnavis’ Claims on Electoral Manipulation Allegations

Bihar’s SIR process reveals an exercise of illegitimate powers, ECI forcing district machinery to resort to unethical practices: CCG’s Open Letter

Bihar SIR: 65 Lakh electors flagged for deletion, SC said “if there is mass exclusion, we will immediately step in”

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Kapil Sibal slams Rajya Sabha chairman for stalling impeachment motion against Justice Shekhar Yadav, calls it a blow to judicial accountability https://sabrangindia.in/kapil-sibal-slams-rajya-sabha-chairman-for-stalling-impeachment-motion-against-justice-shekhar-yadav-calls-it-a-blow-to-judicial-accountability/ Wed, 11 Jun 2025 10:46:46 +0000 https://sabrangindia.in/?p=42137 Supreme Court halted internal probe after Rajya Sabha claimed exclusive jurisdiction, Sibal calls it unconstitutional interference; Sibal alleges deliberate stalling and questions protection by the Government after inaction for 6 months

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In a sharp and detailed press conference held on June 10, Senior Advocate and Rajya Sabha MP Kapil Sibal launched a scathing critique of Rajya Sabha Chairman Jagdeep Dhankhar for failing to act on an impeachment motion against Justice Shekhar Kumar Yadav of the Allahabad High Court — over six months after the motion was submitted by Opposition MPs. Sibal accused Dhankhar of not only obstructing the process but also derailing the Supreme Court’s in-house inquiry into the judge’s conduct, calling the situation discriminatory and constitutionally untenable.

Hindustan Times report triggers response

Sibal’s comments came in the wake of a June 9 Hindustan Times report which revealed that the Supreme Court had initiated preparations for an in-house inquiry against Justice Yadav — who allegedly made communal and Islamophobic remarks at a Vishva Hindu Parishad (VHP) event in December 2023 — but dropped the plan after receiving a categorical communication from the Rajya Sabha Secretariat asserting exclusive jurisdiction over the matter. Sources cited in the report claimed that then CJI Sanjiv Khanna had begun preliminary steps based on an adverse report from the Chief Justice of the Allahabad High Court, but halted the process following a letter from the Secretariat claiming that the matter was already under parliamentary consideration.

Sibal: “This is discriminatory and constitutionally perverse”

Sibal minced no words in calling out what he viewed as an institutional derailment of accountability. “This is very unfortunate and smacks of discrimination,” Sibal said during the press conference. “The in-house procedure has nothing to do with the impeachment motion. It’s an internal judicial process initiated by the Chief Justice of India to assess whether allegations warrant further action. By informing the Supreme Court that the motion was pending in the Rajya Sabha — despite it not even being admitted — the Chairman effectively paralysed the judiciary’s internal scrutiny mechanism.”

He reminded the public that the impeachment motion was submitted on December 13, 2024, bearing 55 signatures — more than the required 50 under the Judges (Inquiry) Act. Yet, he noted, the Rajya Sabha Secretariat has still not completed signature verification, nearly six months later.

“How long does it take to verify 55 signatures?” he asked. “Why is this process being deliberately delayed? Is the government trying to protect Justice Yadav, who is set to retire in early 2026?”

On Justice Yadav’s speech and Supreme Court’s role

Justice Yadav’s speech, delivered on December 8, 2023, at a VHP event, stirred nationwide controversy. During the speech, Justice Yadav declared that “this is Hindustan” and that the country must run according to the majority, while endorsing the Uniform Civil Code and making derogatory comparisons between Hindu and Muslim personal laws. His statements were widely seen as communal in nature. (Detailed report may be read here and here.)

Sibal pointed out that the Supreme Court had taken note of the speech and sought an explanation from Justice Yadav. The Allahabad High Court Chief Justice reportedly submitted a negative report, further warranting an in-house investigation. However, Sibal noted that after Rajya Sabha Chairperson Dhankhar told Parliament on February 13, 2025, that the matter should be left to Parliament, the Supreme Court backed off.

This subversion of the in-house procedure — which exists precisely to safeguard constitutional standards in the judiciary — is deeply concerning,” said Sibal. “It shows that the Government and Parliament are stifling independent judicial mechanisms.”

Impeachment panel may be formed

A June 10 Indian Express report suggested that Rajya Sabha Chairman may now be considering constituting a committee to examine the charges against Justice Yadav. The report confirms that the signature verification process is still ongoing, and that one signature was duplicated due to a clerical error — though Opposition sources, according to the report, insist that the requisite number remains intact.

Dhankhar had earlier stated in Parliament on March 21 that two rounds of emails were sent to MPs for signature verification. “One member denied having signed, and his name appears twice,” Dhankhar had said, implying that further scrutiny was needed.

Opposition sources. According to the IE report, explained that multiple sets of representation papers had been prepared and circulated for the motion, and the duplication was a result of confusion — not fraud. “Even if one signature is invalid, there are still more than 50 valid ones. The threshold is met,” a source said.

Sibal warns against using in-house procedure to remove Justice Yashwant Varma

In an important aside, Sibal also raised serious concerns about reports that the Government is trying to remove Delhi High Court judge Justice Yashwant Varma using the findings of an in-house committee report, without invoking the Judges (Inquiry) Act. “If that is true, it’s completely unconstitutional. The in-house report is meant only for the CJI, not for executive action or removal proceedings,” he warned.

“This sets a dangerous precedent. If judges can be removed on the basis of in-house reports alone, judicial independence is in grave peril. There’s a constitutional process under Article 124 and the Judges (Inquiry) Act. Skipping that is a clear overreach by the executive,” Sibal asserted.

Targeting judiciary, shielding allies?

Sibal also took aim at Vice President Dhankhar’s selective outrage, referring to his recent criticism of the Supreme Court’s use of Article 142 in the Tamil Nadu Governor-Bill Assent matter. Dhankhar had accused the Supreme Court of treating Article 142 like a “nuclear missile” and questioned whether timelines could be imposed on constitutional authorities like the President and Governors.

“Today, we are talking about the same thing,” Sibal retorted. “No Court can force the Chairman to admit an impeachment motion within a certain timeline — but equally, the Chairman cannot use that discretion to permanently stall a constitutional process. Six months have passed without even verifying signatures. Is this constitutional silence — or constitutional sabotage?”

Legal and constitutional context

Under Article 124(4) of the Constitution, a Supreme Court judge can be removed for “proved misbehavior or incapacity” following a parliamentary inquiry and approval by a two-thirds majority in both Houses. The same provision applies to High Court judges via Article 218.

The Judges (Inquiry) Act, 1968 sets out the procedure: at least 50 Rajya Sabha MPs or 100 Lok Sabha MPs must submit a notice for impeachment. Upon prima facie satisfaction, the Chairman/Speaker constitutes a three-member inquiry committee.

Sibal emphasised that the in-house mechanism developed by the Supreme Court is entirely independent of this process — it is an internal ethical accountability measure, not a substitute for impeachment, nor subordinate to Parliament.

Conclusion

Sibal’s remarks underscore deep concerns about political interference in judicial accountability mechanisms and what appears to be deliberate inertia in processing a serious impeachment motion. As Parliament prepares for the Monsoon Session on July 21, all eyes will be on whether Rajya Sabha Chairman Jagdeep Dhankhar finally takes forward the motion — or continues to allow what Sibal has described as a “dangerous constitutional standstill” to persist.

 

Related:

Does India have a lawfully established procedure on ‘deportation’, or are actions governed by Executive secrecy and overreach?

Justice Yadav, a sitting HC judge, and his speech at VHP event that was riddled with anti-Muslim rhetoric and majoritarian undertones

SC Collegium summons Allahabad HC Judge, Justice Shekhar Kumar Yadav over remarks on Muslims

Impeach the Judge, INDIA bloc set to move impeachment motion against HC judge who made communal hate-speeches

 

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Opposition leaders’ ideological vulnerability: Political significance of Rajya Sabha results https://sabrangindia.in/opposition-leaders-ideological-vulnerability-political-significance-of-rajya-sabha-results/ Thu, 29 Feb 2024 07:32:30 +0000 https://sabrangindia.in/?p=33514 The Rajya Sabha poll results have shown vulnerability of political leaders and their readiness for cross over to BJP, whose muscle power is well known. It uses all methods to win an election, and right now it has all big agencies and money power under its disposal, hence it can easily influence things. Even the […]

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The Rajya Sabha poll results have shown vulnerability of political leaders and their readiness for cross over to BJP, whose muscle power is well known. It uses all methods to win an election, and right now it has all big agencies and money power under its disposal, hence it can easily influence things. Even the presiding officers are ready to dance to the tune of BJP leaders, as evidenced from the Chandigarh Mayoral elections. It is clear that BJP will do everything to steal the mandate.

Given the nature of resistance and resentment against the policies of governments in different states, it is the political leaders who are betraying the people, because all of them now appear to feel that, whatever happens on the ground, BJP can’t be defeated. All those who cross over, and there are many fence sitters who suffer from the feeling that BJP leaders are least bothered about farmers’ and other protests, think that BJP can’t be defeated. This is dangerous for the future  of democracy.

In Uttar Pradesh, MLAs belonging to the Samajwadi Party cross voted. In Himachal Pradesh, a  large chunk of Congress MLAs voted for BJP. It means that the party’s vote management did not work. DK Shivakumar in Karnataka personally supervised the entire thing, and ensured that Congress won all the three seats. Opposition parties  must understand that their leaders are on the radar.

In Uttar Pradesh savarna (higher caste) MLAs of Samajwadi Party shifted to BJP. In Bihar the same thing happened with the Rashtriya Janata Dal. Many of the leaders in these parties are now crying foul and blaming Akhilesh Yadav and other leaders for over-pampering savarna leaders. Facts are not that simple. There is no doubt that this is Amrit Kal of Brahmanical savarna leaders, who are now more loyal to BJP. Except a few committed leaders, most of them have realised that their domain will only be possible under this Amrit Kal.

The Samajwadi Party has to think about this before it says anything. Why does it need Jaya Bachchan in Parliament? What is her contribution? Why can’t young and articulate voices of the Samajwadi Party get a chance to serve in the Rajya Sabha? The same is true with regard to Manoj Jha, who got elected again from RJD. The question is, are there no other Dalit or backward leaders in these parties who can articulate things?

The probelm is, the leadership understands the Brahmanical link of these leaders with media and other connections in power. But as  long as they are given plum positions, they will remain with the party; otherwise they will choose other greener pastures. The Samajwadi Party, Bahujan Samaj Party, RJD and the Congress need to think that it is not just that upper caste people are leaving for BJP. The question is why Nitish Kumar, Om Prakash Rajbhar and so many others too are aligning with BJP.

The problem is, we have surrendered our rights to the leaders, and they compromise. We need ideologically-committed political leaders like they were in the Communist parties, or dedicated workers of BSP and the Ambedkarite movement, who remained committed to their ideologies, whether their party wins or not.

The INDIA alliance must sit together and campaign together in many places, particularly Uttar Pradesh, Bihar, Maharashtra, Madhya Pradesh and Gujarat. It is important to understand that efforts are being made to create the impression of invincibility of BJP. But, clearly, things are not over and can change if tickets are given to right candidates and parties fight the elections with sincerity and seriousness.

Author is Human rights defender 

Courtesy: CounterView

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Three controversial issues of UCC, waqf & places of worship Act in pvt members bill https://sabrangindia.in/three-controversial-issues-ucc-waqf-places-worship-act-pvt-members-bill/ Fri, 09 Dec 2022 05:41:09 +0000 http://localhost/sabrangv4/2022/12/09/three-controversial-issues-ucc-waqf-places-worship-act-pvt-members-bill/ New Delhi: Three controversial issues will be introduced as private members bill in the Rajya Sabha on Friday. The Places of Worship Special Provisions) Repeal Bill, 2022, The Uniform Civil Code in India Bill, and Bill to repeal the Waqf Act, 1995 are scheduled to be tabled. BJP MP Kirodi Lal Meena will introduce a Bill […]

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rajya sabha

New Delhi: Three controversial issues will be introduced as private members bill in the Rajya Sabha on Friday.

The Places of Worship Special Provisions) Repeal Bill, 2022, The Uniform Civil Code in India Bill, and Bill to repeal the Waqf Act, 1995 are scheduled to be tabled.

BJP MP Kirodi Lal Meena will introduce a Bill to provide for the constitution of the National Inspection and Investigation Committee for preparation of Uniform Civil Code and its implementation throughout the territory of India and for matters connected therewith or incidental thereto.

Harnath Singh Yadav will introduce a Bill to repeal the Places of Worship (Special Provisions) Act, 1991 and Bill to repeal the Waqf Act, 1995.

Reports of standing Committee on consumer Affairs and report of joint Committee on office of profit will also be presented in the house.

Courtesy: The Daily Siasat

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Rajya Sabha Election 2022: 5 seats each for AAP, BJP, two LDF, 1 Congress https://sabrangindia.in/rajya-sabha-election-2022-5-seats-each-aap-bjp-two-ldf-1-congress/ Fri, 01 Apr 2022 09:08:11 +0000 http://localhost/sabrangv4/2022/04/01/rajya-sabha-election-2022-5-seats-each-aap-bjp-two-ldf-1-congress/ The Bharatiya Janata Party’s now has 100 members in the Rajya Sabha

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Rajya Sabha
Image courtesy: financialexpress.com

For the first time, reportedly since 1988, the Bharatiya Janata Party (BJP) has become the only party to have 100 members in the Rajya Sabha. It reached the milestone after winning two seats in Assam and one in Tripura on March 31.

The BJP and its ally the United People’s Party Liberal (UPPL) have won all four Rajya Sabha seats from Tripura, Nagaland, and Assam. For the first time in Parliament’s history, the Congress does not have a presence from Northeast India, in the Upper House. According to a news report in The Times of India, the “BJP won the Tripura seat on the strength of its numbers and the Nagaland seat uncontested.”

It was alleged “cross-voting and invalid opposition votes” in Assam helped it win the two seats, with its ally. Assam CM Himanta Biswa Sarma however was jubilant, saying the party’s “strategy was to bank on the conscience of legislators. We have got seven votes from Congress MLAs.” According to TOI, “In the 126- member assembly, BJP and its allies were short of four votes needed to win both Rajya Sabha seats, while the opposition appeared to be comfortably placed to win the one seat it was contesting. From BJP Pabitra Margherita and UPPL’s Rwngra Narzary won the two seats from Assam, and Congress candidate, the sitting Rajya Sabha MP Ripun Bora, lost.

Now the NDA “holds 13 of the 14 seats in the Upper House from the region” and one seat from Assam is held by an Independent, stated the news report. From  Nagaland S Phangnon Konyak of BJP won uncontested, and is the first woman to be elected to the Rajya Sabha from the state. In Tripura BJP’s state president Manik Saha defeated the  CPM’s Bhanu Lal Saha.   

According to news reports counting of votes was delayed after “the Congress approached the Election Commission seeking to invalidate the votes of 5 NDA MLAs” who they accused of publicly revealing their ballot papers. This was rejected by the Election Commission. However, the Congress has reportedly suspended its two MLAs “after one of them voted for the ruling party candidate and another ‘deliberately’ marked his ballot paper in such a way that it got cancelled”. The party demanded action against its MLA Sashikanta Das who had been suspended in December. He had reportedly said he will vote for the ruling BJP-led coalition candidates in the Rajya Sabha polls “for the cause of development”. According to news reports, the Congress also sought action against “BPF legislator Durgadas Boro and three BJP MLAs – Hitendra Nath Goswami, Ganesh Limbu and Sanjay Kishan.”

The Left Democratic Front (LDF) has won two of the three seats in Kerala and Congress won the remaining seat. The Aam Aadmi Party has bagged all five seats from Punjab and BJP has won another seat from Himachal Pradesh taking its tally to five. According to a report in the Financial Express,  A A Rahim of the Democratic Youth Federation of India (DYFI) and P Santhosh Kumar CPI Kannur district secretary were elected on behalf of the LDF, and Jebi Mather of the Congress was elected from the Opposition.

Related:

No deaths due to NRC: Assam CM’s bizarre claim!
Congress to introduce private member bill seeking rehabilitation of Kashmiri Pandits 

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Nearly 3,700 inmates lodged across 31 women prisons in 2019 https://sabrangindia.in/nearly-3700-inmates-lodged-across-31-women-prisons-2019/ Thu, 12 Aug 2021 11:44:37 +0000 http://localhost/sabrangv4/2021/08/12/nearly-3700-inmates-lodged-across-31-women-prisons-2019/ The central government informed the Rajya Sabha that in all, Indian jails have 13,550 female undertrials

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ParliamentImage Courtesy:youthkiawaaz.com

The government has informed the Parliament that as on December 31, 2019, India had 31 women jails with 3,652 inmates, at an occupancy rate of 56.09 percent. Out of 36 states and Union Territories (UT), 21 don’t have exclusive women jails.

The National Capital, which only has 2 women’s prisons, houses 629 inmates with a capacity of 648. Tamil Nadu has the second highest tally with 551 women inmates across 5 jails in the state. This is followed by Maharashtra with 363 inmates against the capacity of only 262. West Bengal women’s prisons also face overcrowding issues with 321 prisoners against the capacity of 226.

The offence of murder is the leading cause for women to be imprisoned across all jails in the country, with 3,356 convicts and 4,006 undertrials, awaiting completion of trial. The second leading reason is dowry death with 1,633 women undertrials and 806 women convicted, who are serving their sentence.

11 women have been convicted, and 36 women are awaiting completion of trial for Rioting. Further, 1,171 undertrials have been booked under the Narcotics Drugs and Psychotropic Substances Act, and 397 have been convicted. Under the (now repealed) anti-terror law, Terrorist and Disruptive Activities Act (TADA), one convicted woman is serving her sentence. 69 women undertrials are facing charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, wherein 10 have been convicted and imprisoned.   

The centre has not provided data for the year 2020 and 2021. As of December 2019, there are 6,179 female convicts and 13,550 undertrials across all jails. Uttar Pradesh has the highest number of prisoners (4,174), followed by Madhya Pradesh (1,758), Maharashtra (1,569) and West Bengal (1,479).

Across all jails in the country, 4,008 jailed females are above the age of 50. In the range of 30 to 50 years, Indian prisons house 9,822 inmates and 6,077 females fall in the range of 18 to 30 years of age. There are 6 female inmates between the age group of 16 to 18 years, with 4 in West Bengal, and 1 each in Assam and Bihar.

In a separate question posed by Rajya Sabha member Harshvardhan Singh Dungarpur, Ajay Kumar Mishra (Minister of State in Home Affairs) revealed that the centre does not maintain data on the number of pregnant women inside jails and also failed to provide details of the number of child births that have happened over the last three years inside prisons.

The answers may be read here:

 

Related:

4.7 lakh prisoners, but only over 22,000 fully vaccinated!
Almost 2 lakh undertrials languishing behind bars since the outbreak of Covid-19!
Nearly 20,000 women prisoners in India: Centre tells RS
Over 1.3 lakh illiterate, 1 lakh Dalit prisoners in India: Centre to RS
No data on number of prisoners testing Covid positive: MHA

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Will the Private Member Bill to delete sedition from IPC be considered? https://sabrangindia.in/will-private-member-bill-delete-sedition-ipc-be-considered/ Sat, 07 Aug 2021 04:18:12 +0000 http://localhost/sabrangv4/2021/08/07/will-private-member-bill-delete-sedition-ipc-be-considered/ The debate against sedition has started gaining momentum as the Supreme Court has agreed to test the constitutional validity of the colonial era law that continues to haunt criminal jurisprudence

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Private Member BillImage Courtesy:livelaw.in

The CPI (M) floor leader in Rajya Sabha Elamaram Kareem is likely to introduce a Private Member Bill in Rajya Sabha during the on going Monsoon Session for repealing the offence of sedition from the Indian Penal Code. The law of sedition has indeed become a matter of contention not just for people who are booked for it but also in courts where they find that the offence does not have all the ingredients necessary to comprise an offence of sedition. In most cases, counsels for the accused have argued that sedition is invoked in cases to keep the accused in custody, as the same is cognisable offence, and does not need a warrant for arrest.

Sedition has been a rather hot topic of debate ever since, the Supreme Court bench led by CJI NV Ramana took up a petition challenging the constitutional validity of section 124A of IPC. He made an oral observation that sedition was a colonial law and that the continuation of such laws after Independence was unfortunate. The petition has been assigned to a three-judge bench of Justices UU Lalit, Indira Banerjee and KM Joseph and the bench has issued notice in May.

While the court will ultimately decide on the constitutional validity, it would simply make matters simpler if the legislature were to delete the sedition offence from the penal code. However, there is absolute lack of legislative will in this matter and private members bills seldom get passed.

Kerala, which is Kareem’s home state and also a state where CPI (M) has governed since 2016 in continuity. As per National Crime Records Bureau (NCRB) Crime in India report of 2019, Kerala had only 4 cases of sedition registered. In June, Kerala High Court had granted bail to filmmaker Aisha Sultana who has been booked for sedition over her remark that the Central government had used Covid-19 as a “bio weapon” against the UT of Lakshadweep. However, when she moved a plea to quash the FIR, the court denied it.

The misuse

The offence of Sedition has been misused by the Government in imprisoning those who differ from the Government point of view, thus negating the freedom of speech guaranteed by the Constitution. A plethora of intellectuals, journalists, social activists, writers, tribal sympathizers, etc. have been put behind bars with no scope for bail or quick hearing in Courts. These include, activists as Gautam Navlakha, Anand Teltumbde, Varavara Rao, Sudha Bhardwaj, Stan Swamy, Umar Khalid, etc. who have been arrested under Sedition/UAPA charges.

The misuse by the government has augmented in the past 6 years and the same is evident from the data collated by National Crime Records Bureau (NCRB) in its Crimes in India report released annually. In its 2019 report a conviction rate of mere 3.3% was found in sedition cases.

comparison of data from 2015 until 2019 shows that there has been a 64% increase in sedition cases registered. The number of cases in 2015 is 30 while in 2019 it has escalated to 93. The numbers have also grown steadily over the years; in 2016 there were 35 cases, in 2017 – 51 cases and 2018 – 70 cases.

Further, if we consider a sum total of some of these parameters, a total of 279 cases have been registered between 2015 and 2019 and trial has been completed in 56 cases but only 5 cases have culminated into conviction.

Court’s stand on sedition

In June, the Supreme Court quashed the FIR filed against journalist Vinod Dua for sedition stating that for offences of Sedition and public mischief, “only such activities which would be intended or have a tendency to create disorder or disturbance of public peace by resort to violence – are rendered penal.”

Recently, two High Courts, namely, of Punjab & Haryana and Gujarat, granted bail to persons booked under sedition. The Punjab and Haryana High Court observed that “freedom of speech is a fundamental right and makes a foundation for a strong democracy”. Gujarat High Court noted that no actual violence or breach of peace occurred and that witness statements do not indicate that any overt act was incited from the public due to actions of the accused.

Related:

Courts unshackle chains of sedition
Manipur activist jailed under NSA for Facebook post criticising BJP
Pathalgadi: Assertion of Adivasi rights over land
Citizens have the right to criticise the Government without inciting violence: SC

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183 arrested by Delhi Police in connection to Farmers’ Protest between 2020 to 2021: Centre https://sabrangindia.in/183-arrested-delhi-police-connection-farmers-protest-between-2020-2021-centre/ Wed, 04 Aug 2021 12:54:05 +0000 http://localhost/sabrangv4/2021/08/04/183-arrested-delhi-police-connection-farmers-protest-between-2020-2021-centre/ The Minister of State (Home Affairs) also said that no cases of sedition or UAPA had been filed against any protesting farmer by the Delhi Police

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ArrestImage Courtesy:freepressjournal.in

The Rajya Sabha was informed by the Ministry of Home Affairs (MHA), that 183 people have been arrested by Delhi Police in connection with the farmers’ protest since 2020 upto July 20, 2021, and that all of them are out on bail. The MHA also said that according to the Delhi Police, provisions of sedition or any anti-terror law such as the Unlawful Activities (Prevention) Act, have not been invoked in any of the cases registered against the protesting farmers.

On January 26 this year, the Delhi Police crime branch named 16 suspects in the charge sheet for allegedly turning violent during the Republic Day Parade. According to media reports, the Delhi Police had stated that the violence was “a deep-rooted, well-orchestrated conspiracy.” It contended that the accused used the “very auspicious occasion” to hoist the Nishan Sahib and Kisan Flag at Red Fort “in order to cause embarrassment and humiliation at the national and international level to the people of this country”, as reported by the Indian Express.

Speaking of anti-terror laws, the National Investigation Agency (NIA), under the Central government had booked the banned ‘Sikhs for Justice’, under the draconian UAPA, on December 15 last year for allegedly entering into a conspiracy of collecting huge funds for an on-ground propaganda against the Government of India. In the midst of the farmers protests against the three legislations, the NIA had claimed that such funds are also being used to stage demonstrations outside the Indian missions at United Kingdom, Canada, United States and the donations are being sent through certain NGOs to pro-Khalistan elements based in India to undertake acts of ‘terror’ and create fear in the minds of the people. The NIA FIR may be read here.

The NIA had also summoned at least 40 people, directly or indirectly associated with the ongoing farmers’ agitation, to appear for questioning in connection with the above mentioned case filed against the banned Sikhs for Justice (SFJ), among others. Summons had also been sent to members of Khalsa Aid, an international social organisation that had set up food stalls, and provided foot massage machines and geysers to farmers protesting at Delhi borders since November 26. Khalsa Aid, interestingly, has also been nominated for the Nobel Peace Prize by Canadian politicians Tim Uppal and Patrick Brown.

According to a Times of India report, around 25 FIRs have been filed in different police stations in New Delhi after the Republic Day violence. A press release from the Delhi Police Special Cell, as reported by Business Standard, read, “The Kisan Andolan turned violent on January 26, 2021, leading to damage of public property in several parts of the national capital. Public property worth several crores of rupees were damaged by violent mobs and 394 police personnel sustained injuries while performing their lawful duty….A criminal case has been registered and is being investigated under provisions of the Unlawful Activities (Prevention) Act (UAPA) and sections of IPC dealing with sedition. The role and conduct of organisations and individuals based in India, as well as those out of the country, is being probed. The investigation is in progress and further details will be communicated in due course.”

Farmers have been protesting against the three contentious farm laws since last year, and have not been able to seek relief from the government despite several rounds of talks and negotiations. Besides farmers, people advocating for their rights have also been booked for sedition. The young environmentalist, Disha Ravi, spent close to 10 days in jail under sedition charges, for editing a toolkit containing the list of protests planned all across the country.

The answer may be read here: 

Related:

Scanty and sketchy evidence: Delhi court grants Disha Ravi bail
Red Fort case is Conspiracy to cause embarrassment: Delhi Police
Farmers’ movement: How NIA summons triggered the ‘Khalistan’ conspiracy theory
Mere presence of accused at Red Fort cannot justify incarceration: Delhi court on R-Day violence
Delhi court denies bail to R-Day violence accused seen carrying national flag

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No data on forest area under dispute: Centre in RS https://sabrangindia.in/no-data-forest-area-under-dispute-centre-rs/ Tue, 27 Jul 2021 04:30:07 +0000 http://localhost/sabrangv4/2021/07/27/no-data-forest-area-under-dispute-centre-rs/ In a written reply, the environment minister, Bhupender Yadav, told Rajya Sabha that the Union has not laid down any criterion to define forests

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No DataImage Courtesy:buzinessbytes.com

During the Monsoon session of the Parliament, Bhupendra Yadav who is the Minister for Environment, Forests and Climate Change, submitted in his written statement, that they have not measured the forest area under dispute.

His answer read, “The disputes regarding forest lands are variable in nature and keep changing depending upon the pace of settlement process, recording of new disputes, demarcation/survey on case-to-case basis etc., by the respective State/UT authorities as per due process of law applicable to the area. As such, the forest area under dispute for the country has not been quantified by the Ministry.”

He also stated that India has a total of 7,67,419 square kilometers of forest land, as surveyed by the India State of Forest Report, 2019. Bhupendra Yadav said that of the recorded forest area in the country, 4,34,853 square kilometer fall under the Reserved Forests category, 2,18,924 square kilometer under the Protected Forests category, and 1,13,642 square kilometer are of unclassed forests.

Reserved Forests are under the direct supervision of the government of India and Protected Forests are looked after by the government, but the forest dwelling communities have limited access to some resources. Unclassed forests are those owned both by the government and the local communities.

The minister also informed the Rajya Sabha that the term ‘forest’ has not been defined by the Centre yet. “The word “forest” is not defined in any Central Forest Act, namely, the Indian Forest Act 1927 (IFA 1927), or the Forest (Conservation) Act, 1980. The Central Government has not laid down any criterion to define forest”, read his answer.

As per the Wasteland Atlas, 2019, published by the Ministry of Rural Development, the total wasteland in the country is 5,57,665.51 square kilometers, the Rajya Sabha was apprised.

While the Centre continues skirting the issue of disputes, at least 212 Adivasis of Khandwa in Madhya Pradesh were attacked and evicted from their homes by a mob that destroyed and stole their property, allegedly with the complicity of the police and local forest authorities. These residents of the Negaon- Jamniya village now live in the open in makeshift tents with no protection against the rain or Covid-19.

The districts of Burhanpur and Khandwa, have in recent years seen a number of instances where Adivasi women and men have been assaulted, forcibly kidnapped and locked up, jailed and brutalized by the Forest Department of the Madhya Pradesh government. These cases are not merely isolated incidents, but a result of the systematic denial of legal and constitutional rights of Adivasis and the consent of the State government in the trampling of the same.

A press conference was co-organised by the Jagruk Adivasi Dalit Sangathan (JADS), Citizens for Justice and Peace (CJP) and the All India Union of Forest Working People (AIUFWP) on Monday, July 26 to discuss these issues, and raise their voice against just injustices. These are just one of many instances across the country.

In the past, CJP along with AIUFWP has complained to the National Human Rights Commission (NHRC) about the several atrocities meted out against tribals and forest dwelling communities fighting for their forest rights. For instance, in June last year, the two organisations had approached NHRC against the blatant violation of legal as well as human rights of Van Gujjars of Dehradun at the hands of police and forest officials, who were not only physically assaulted, but also had their shelters destroyed and tortured in custody.

The answer may be read here:

Related:

Organised violence against Adivasis, denial of Forest Rights
MP: 40 Adivasi families illegally evicted amidst a pandemic!
Van Gujjars assaulted by police and forest officials, CJP moves NHRC demanding justice

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Modi warns against ‘andolan jivi’ community at Rajya Sabha https://sabrangindia.in/modi-warns-against-andolan-jivi-community-rajya-sabha/ Mon, 08 Feb 2021 13:39:17 +0000 http://localhost/sabrangv4/2021/02/08/modi-warns-against-andolan-jivi-community-rajya-sabha/ Prime Minister Modi talks about the urgent need for new agriculture laws to help marginal farmers, and warns against new “emerging dangers” such as the Foreign Destructive Ideology.

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Image Courtesy:deccanherald.com

Prime Minister Narendra Modi talked about a new “jamat” in India, the Minimum Support Price (MSP), the Sikh community and the danger of a new “FDI” during his motion of thanks to the President at Rajya Sabha on February 8, 2021.

Addressing the country’s agrarian crisis on a public platform, Modi said, “The need of the hour is to improve the lives of the small farmers. Why should they not have the same freedom as the dairy sector to work with the private or cooperative sector?”

He talked about schemes such as the Pradhan Mantri Fasal Bima Yojana that gave farmers claims worth Rs 90,000 crore and the benefits of the Kisan Credit Card, Soil Health Card and Samman Nidhi. He also talked about improvements under the PM Gramin Sadak Yojna that enables the produce of farmers to reach distant places and other initiatives like the Kisan Rail and Kisan Udan too.

However, regarding recent protests, he simply said, “We are all aware of some terms like ‘Shram jivi’ and ‘buddhi jivi.’ But I am seeing that from some time a new entity has come up in this country: Andolan jivi. This community can be spotted wherever there is a protest… They cannot live without protests. We have to identify such people and protect the nation. They are parasites.”

The Prime Minister’s quips were not well-received on social media where personalities such as advocate Prashant Bhushan tweeted, “Those who, till yesterday, used to say “I have made my political career through agitation,” are today using terms like “andolan jivi” to humiliate farmers!”

Along with this new word andolan jivi Modi also coined a new acronym “Foreign Destructive Ideology” (FDI) that he claimed poses a threat to India’s progress. His statement came shortly after growing support of international personalities for the on-going farmers’ struggle.

Regarding agriculture, Modi talked about the importance of new laws and policies to improve the lives of farmers. He talked about new initiatives taken up by his government since 2014 regarding the agriculture sector that aim to empower farmers such as the crop insurance scheme that was made “more farmer friendly,” the PM-KISAN and the government’ work “for the small farmers.” He said that problems of agriculture should be resolved and there is a need to work for this.

On MSP, the Prime Minister reiterated, “MSP is there, MSP was there. MSP will remain in the future. Affordable ration for the poor will continue. Mandis will be modernised,” further adding that it is necessary to rise above political calculations to help farmers.

However, in response to this Sanyukta Kisan Morcha (SKM) leader Abhimanyu Kohar questioned why the government was unwilling to provide a legal guarantee for MSP if it will stay forever.

Modi also cautioned against forces attempting to destabilise the country stating that it is important to alert the countrymen about the all-round attack on Indian Nationalism.

“India is not merely the world’s largest democracy. India is the ‘Mother of Democracy’ and this is our ethos. Our nation’s temperament is democratic,” he said.

Accordingly, he said that India is very proud of the contribution of the Sikh community that has done so much for the nation.

“The words and blessings of the Guru Sahibs are precious ,” he said. The Prime Minister also insisted that an attempt should be made to bridge the urban-rural divide.

Related:

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Another death by suicide at Tikri border, death toll reaches 214
Allow peaceful protest by farmers: US Congress to India
Mainstream media overlooked farmers’ protests in South India: Farmers’ leaders
10 clicks that showcase a peaceful chakka jam!

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