- Country
- India
- Initial Date
- Apr 2, 2024
- Event Description
On 2 April 2024, indigenous human rights defender Surju Tekam was arrested following a raid on his home by security forces in Chhattisgarh state, India. He is held under the regressive Unlawful Activities (Prevention) Act (UAPA) and the Arms Act and has been denied bail by the National Investigation Agency Court in Bilaspur. Surju Tekam's arrest stems from his vocal advocacy on behalf of peaceful local movements against increasing human rights violations, forcible land acquisition for corporate interests, and militarization in the state.
Surju Tekam is an indigenous human rights defender and the convenor of the Bastar Coordination Committee of Mass Movements (Bastar Jan Sangharsh Samanvay Samiti) and the Vice-President of Sarva Adivasi Samaj, a collective of all Adivasi organizations in Chhattisgarh. He has led major protest movements of the Adivasi community in Chhattisgarh against corporatization and militarization, and has been vocal against human rights violations by security forces, including extrajudicial executions, arrests of community leaders, and forced evictions.
On 2 April 2024, around 4:00AM, Surju Tekam’s residence was raided by security forces, and he was subsequently arrested under the UAPA and the Arms Act. He was produced before the NIA court in Bilaspur and denied bail. Surju Tekam’s family members allege that literature associated with the banned Communist Party of India (Maoist) (CPI(M)) and weapons were planted in his residence by security forces. The police have alleged that Surju Tekam has been mobilizing Adivasis on behalf of Maoist organizations. He has been arrested under the UAPA and the Arms Act, making procuring his release on bail extremely difficult.
Arrests of indigenous human rights defenders in Chhattisgarh under accusations of Maoist links have been used as a means of persecution to stifle dissent and undermine their legitimate demands for the rights of Adivasi communities in the region. The arrest of human rights defender Surju Tekam in the period leading up to the national elections in India has raised concerns that it is aimed at silencing his advocacy against state abuse and violations.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment, Raid
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, Indigenous peoples' rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 26, 2024
- Country
- India
- Initial Date
- Apr 8, 2024
- Event Description
Just a few days after the removal of Bolta Hindustan’s channel from YouTube on April 4, the Ministry of Information and Broadcasting has issued a directive for the removal of National Dastak’s YouTube channel as well.
The National Dastak took to X, formerly Twitter, and spoke on the decision. The notice by Google, which was sent to the media platform on Monday, April 8, stated that it could not specify why the channel was being banned as the government had declared that reason confidential. The media platform posted in response:
“नेशनल दस्तक को बंद करवाना चाहती है सरकार।। 3 अप्रैल को यूट्यूब ने नोटिस भेजा था।। आर्टिकल 19 को भी नोटिस है। ।।आचार संहिता में ये सब हो रहा है।। लाखों अखबार टीवी न्यूज चैनल चल रहे। बहुजनों के नेशनल दस्तक से इतना डर।”
(The government wants to shut down National Dastak. YouTube sent a notice on April 3, a notice was also sent to Article 19 . All this is happening under the Model Code of Conduct. Lakhs of newspapers and TV news channels are running. Why are they so afraid of Bahujan people’s National Dastak?)
The ban has been notified in adherence to the with Rule 15 (2) of the Information Technology Rules, 2021 with Section 69A of the Information Technology Act 2000. with Section 69A of the Information Technology Act 2000.
National Dastak describes itself as ‘online media’ and a voice of the oppressed, including Dalits, Adivasis, minorities, backwards, women, and farmers. The YouTube channel had over 9 million subscribers. This has raised questions about why the government, without providing an explanation, is targeting and censoring independent media which are run by and report issues of the marginalised.
Bolta Hindustan’s founder, Haseen Rahmani, had spoken to SabrangIndia earlier and stated how the “messenger is being punished’. The media platform’s channel was similarly banned without providing any reason due to confidentiality of the notice by the government. He further elaborated, saying the media platform will take the legal route if necessary, “Those who give hate speech are free, but if you do a story on these givers of hate speech, then you are punished.”
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Censorship, Online Attack and Harassment
- Rights Concerned
- Internet freedom, Media freedom, Freedom of expression Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Related Events
- India: independent media faces YouTube ban
- Date added
- Apr 26, 2024
- Country
- India
- Initial Date
- Apr 18, 2024
- Event Description
The Tata Institute of Social Sciences (TISS) has suspended and debarred student leader Ramadas Prini Sivanandan citing various incidents, including the screening of a banned BBC documentary on campus, organising controversial events, and participating in protests.
Ramadas, who is also the general secretary of the Progressive Student Federation (PSF), has been barred for two years from all TISS campuses, including Mumbai, Hyderabad, Guwahati and Tuljapur.
The notice issued by the administration on April 18 highlighted Ramadas’s involvement in activities deemed as violating the institute’s disciplinary rules. These activities include conducting a Bhagat Singh memorial lecture with contentious guest speakers, staging protests outside the director’s bungalow late at night with loud slogans, and promoting the screening of the documentary Ram Ke Naam via social media platforms.
A committee appointed to find out if Ramadas violated the institute’s code of conduct recommended that he be suspended and debarred. As per the suspension order, TISS has allowed Ramadas to appeal against the decision within 30 days.
Ramadas is currently pursuing a PhD from the School of Development Studies at the institute and is a vocal advocate for social justice.
The suspension has sparked outrage among student groups, with PSF condemning the administration’s actions as an attack on student rights and freedom of speech. “These actions of the administration clearly highlight a trend of active support of the ruling BJP government at the cost of the future of students coming from marginalised backgrounds,” the PSF said in a press statement.
“The administration has been taking rampant actions against any form of student dissent, especially following its takeover by the central government last year and the appointment of new leadership in all high-ranking administrative positions. The crackdown on student voices resisting the policies of the BJP government is very much evident in these actions,” the statement added.
The showcause notice issued to Ramadas on March 16 pointed out his participation as a speaker at the Parliament March organised at Jantar Mantar. The PSF said the march was organised under the banner of the United Students of India, a joint platform of 16 student organisations.
The press statement also pointed out that Ramadas is a meritorious student who had received the National Fellowship for Scheduled Castes from the Indian government’s Ministry of Social Justice for excelling in the UGC NET examination. “Ramadas has unequivocally defended student rights on campus and worked hard to build joint platforms and alliances among all student organisations,” the statement added
Responding to the controversy, a TISS official said that such activities of the students malign the image of the institute and subsequently impact placements too. “The institute therefore acted against Ramadas as per rules since he failed to follow the disciplinary code of conduct.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Student
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Apr 26, 2024
- Country
- India
- Initial Date
- Apr 5, 2024
- Event Description
Bolta Hindustan, a Hindi language independent media platform, is now faced with a YouTube ban after the Ministry of Information and Broadcasting gave a notice to Google’s legal team.
Allegations of press censorship arise as independent news platform Bolta Hindustan’s YouTube channel is banned just a week before India goes to vote.
The notice sent on April 3rd states that the Information Technology Act 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 has been violated. Furthermore, the notice is said to be confidential which means that it has not been disclosed why the channel has been banned. As per the channel, the ministry will give the final order soon.
The team at Bolta Hindustan has stated that it was only in 2023 that they could set up a YouTube channel which brought their news to a wider audience and by March 2024, they had accumulated nearly 80 million views and gained 300,000 subscribers, a remarkable number. However, after receiving a notice by Google on April 3, the channel was shut down the following day.
Journalist Samar Raj from Bolta Hindustan has asked whether the content of Bolta Hindustan is more dangerous than the communal environment created by those in power.
Interestingly, this is not the first instance of online news platforms being banned recently. On February 8, Sabrang India reported a platform managed by senior journalist Ram Dutt Tripathi named Media Swaraj was banned without any explanation. However, after much public outcry and an appeal, the channel resumed its broadcast on YouTube. Interestingly, YouTube is slated to be the most used source of news for 93 % of Indian internet users.
Haseen Rahmani founder of Bola Hindustan spoke to Sabrang India after the ban, saying “Those who give hate speech are free, but if you do a story on these givers of hate speech, then you are punished.”
He describes the events, “Two days ago, we received a confidential email from the Ministry of Broadcasting via Google’s legal team informing us that our YouTube channel has been banned, they did not tell us why as is routine. Our appeal has also been rejected. Two months ago, our Instagram account was banned, a year before that our Facebook.”
“Currently, we are first seeking clarification from YouTube and subsequently from the Ministry of Broadcasting (PIB). If we do not receive a response, we will only take the legal route forward. Our team is made of alumni from the Indian Institute of Mass Communication (IIMC), and is very familiar with media ethics and boundaries. We do not engage in incendiary content but present the truth. Interestingly, 90% of our channel’s stories are exclusive and not covered elsewhere by mainstream media – perhaps this is why they tried to ban our channel, they don’t want these stories to be shown. Hate speech is circulating freely. However, they will punish those who cover these stories of hate speech. They will punish the messenger.”
Several people on X, formerly Twitter, have written in support of the media portal, using the hashtag #RestoreBoltaHindustanYT.
A Hindi news media platform, Bolta Hindustan was reportedly started in 2015 when mainstream media took a nosedive. According to its website, the platform asserts that it is committed to bringing its viewers unbiased news. It was started by media students who wanted to bring to light stories that were ignored in the mainstream media.
From 2015 to 2024, Bolta Hindustan published many crucial stories that were path-breaking such as stories on demonetisation, CAA-NRC, Hathras, COVID-19, migration during the lockdown, mob lynchings, and ongoing hate speech across the country.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Censorship, Online Attack and Harassment
- Rights Concerned
- Internet freedom, Media freedom, Freedom of expression Online
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Apr 11, 2024
- Country
- India
- Initial Date
- Mar 5, 2024
- Event Description
The Delhi High Court on Tuesday reserved its verdict in the bail pleas of Gulfisha Fatima and Shifa-ur-Rehman, president of the Alumni Association of Jamia Millia Islamia University (AAJMI), booked in the police’s “larger conspiracy case” pertaining to the 2020 Northeast Delhi riots.
A division bench of Justice Suresh Kumar Kait and Justice Manoj Jain reserved the matters after hearing the arguments by all the parties on both merits as well as the applicants’ pleas seeking parity with the bail granted to three other co-accused in the case — Asif Iqbal Tanha, Natasha Narwal, and Devangana Kalita. The three were granted bail by the Delhi High Court in 2021.
In the last hearing, the bench had asked the Delhi Police’s counsel to take instructions and state whether the investigation would continue or would be closed. On Tuesday, the counsel said the status of the probe could be explained by the investigation officer (IO).
“Ten days may be given so that the Investigating Officer is here and he can exactly explain the status of the investigation,” the counsel said. Stating that certain results from the Forensic Science Laboratory (FSL) were awaited, the counsel said, “Supplementary charge sheets will come, because the moment FSL results come, those have to be placed by way of supplementary charge sheets before the trial court. There is no other way”.
On the filing of the fourth supplementary chargesheet in June 2023, the counsel said certain applicants had moved pleas under Section 207 of the Code of Criminal Procedure (CrPC) seeking certain data, and the “stand of state was rather than giving it to one and not giving it to another, we would rather make it part of the supplementary chargesheet and file it before the court”.
On the issue of parity with the co-accused on bail, Senior Advocate Salman Khurshid, appearing for Rehman, said the police had not said a word on parity in the High Court “there are much more serious questions as far as Rehman’s character is concerned”.
The police’s counsel argued that parity also has to be seen in relation to the denial of bail to Umar Khalid, stating that the High Court had in its October 2022 judgment had taken a view that there was a conspiracy.
Khurshid submitted, “None of the witnesses have said that this was a conspiracy to bring the country into disrepute”.
“Violent protest is unacceptable. But to say that any form of protest, chakka jam, or sit-in amounts to conspiracy for a terrorist act would be destroying the very basis of the jurisprudence of liberty in the country. Liberty must prevail,” said Khurshid.
Meanwhile, appearing for Fatima Advocate Sushil Bajaj submitted his client is entitled to claim parity as no court has concluded that the bail granted to Natasha Narwal and Devangana Kalita in 2021 was wrongly granted.
Gulfisha Fatima and Shifa-ur-Rehman, along with several others, were booked under provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC) for allegedly being the “masterminds” of the 2020 Delhi riots.
As violence erupted during the protests in Delhi against the Citizenship Amendment Act (CAA), 53 people were killed and over 700 injured in the riots.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Student, WHRD
- Perpetrator-State
- Judiciary
- Source
- Date added
- Apr 11, 2024
- Country
- India
- Initial Date
- Feb 22, 2024
- Event Description
In a fresh round of blocking social media accounts Read more at: http://timesofindia.indiatimes.com/articleshow/108250590.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Censorship, Online Attack and Harassment
- Rights Concerned
- Internet freedom, Freedom of expression Online, Right to healthy and safe environment
- HRD
- Community-based HRD, Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Apr 10, 2024
- Country
- India
- Initial Date
- Mar 18, 2024
- Event Description
On March 18, three more farmers protesting at the Punjab-Haryana borders as a part of the ‘Delhi Chalo’ died, bringing the death toll since the protest started to a total of ten. Two of the deceased farmers were aged, between the age of 75-80, while the third farmer was 40-years-old. As provided by the report of Hindustan Times, the farmer union leaders have blamed the deaths of the farmers upon the toxic air emanating from tear gas shells fired by the police that the farmers are being forced to inhale on both Shambhu and Khanouri borders. Due to the tear gas shells, the farmers have allegedly been facing breathing issues.
More about the deceased farmers:
Farmer Balkar Singh, aged 76, belonged to the Ajnala block of Amritsar. As per a report of the Times of India, Balkar breathed his last breath on Monday at the Rajpura railway station while waiting for the Shan-e-Punjab Express. As per the report, he was going home due to his ill health. It has been reported that Balkar Singh had expressed his wish to go home for a few days as he was feeling unwell. In the TOI report, Rajpura government railway police (GRP) assistant sub-inspector (ASI) Sukhwant Singh has provided that Balkar Singh was moved to hospital after alert.
Responding to Balkar’s death, Sarvan Singh Pandher of the Kisan-Mazdur Mukti Morcha (KMM) said that “Balkar was part of the Shambhu since it was pitched, and he died waiting to get home to his three sons and a daughter.”
Another elder farmer name Bishan Singh, aged 75, of Khandoor village in Pakhowal block of Ludhiana district, died on the same day as Balkar Singh after suffering from cardiac arrest. As claimed by the farmers leaders Bishan was associated with Bharatiya Kisan Union (Ekta Sidhupur) farmer union and had stayed at Shambhu border since the beginning of farmers’ “Delhi Chalo” protest.
According to a separate TOI report, other farmers provided had that the deceased was facing breathing problems for the past few days after facing tear gas shells and smoke. He was moved to Rajpura’s govt hospital and declared dead after breathing issues.
Karamjit Singh Pakhowal block general secretary of BKU Ekta Sidhupur stated that “Bishan Singh faced breathing problems in the wee hours of Monday following which he was rushed to government hospital in Rajpura where doctors declared him dead.”
Pakhowal also provided details about the deceased and his family, and stated “He was unmarried. Bishan was the owner of only one acre of agricultural land and was in debt. He is survived by five brothers and their family members. The brother of the deceased has reached the hospital’s mortuary and a decision over his cremation will be taken soon.”
Rajpura senior medical officer Dr Bidhi Chand referred to both the aforementioned deaths and said that “Both Bishan Singh and Balkar Singh were brought dead to the hospital. The causes of their death will be cleared once we do the autopsy by Tuesday. For now, the bodies are in mortuary.”
The third deceased farmer was identified as Tehal Singh, who died at his residence in Mansa district. As per the report of TOI, Tehal Singh belonged to Bhathlan village in Mansa district, and died on early hours of Monday morning. As per the report, only hours prior to his death, the deceased farmer had returned from the Khanauri border protest.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- Death
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to life, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: youth farmer killed, at least 13 more injured
- Date added
- Mar 27, 2024
- Country
- India
- Initial Date
- Jan 5, 2024
- Event Description
Indian authorities must drop the charges against journalist Santu Pan, who was arrested live on air while reporting on allegations of abuse by West Bengal officials, and investigate the earlier assault of three journalists reporting on clashes related to one of those officials, the Committee to Protect Journalists said on Thursday.
On Monday, police arrested Pan, who works for the privately owned news broadcaster Republic Bangla, while he was reporting from a woman’s home in the village of Sandeshkhali, about 80 kilometers (50 miles) east of West Bengal’s state capital, Kolkata, and remanded him in police custody for three days, according to news reports. Pan’s arrest was captured in a video by Republic World.
Pan, who was freed on bail on Thursday, was reporting on weeks of protests by local women over alleged rape and sexual assault by officials with West Bengal’s ruling All India Trinamool Congress (AITC). One of the alleged assailants has fled, while another was arrested.
On Thursday, Calcutta High Court ordered a stay on further proceedings in the police investigation into Pan for violating multiple sections of the penal code. If charged and found guilty of criminal trespass, Pan could face imprisonment for up to three months; for house trespass, imprisonment for up to one year; for outraging the modesty of a woman, imprisonment for up to three years; for voyeurism, imprisonment for up to three years; and for criminal intimidation, imprisonment for up to two years.
The unrest in Sandeshkhali started on January 5, when hundreds of supporters of an AITC official attacked federal officials with the Enforcement Directorate who had arrived to conduct a raid on the official’s house over an alleged scam regarding government-subsidized food distribution, according to news reports. Several officials were injured, their vehicles set on fire, and their laptops and phones were looted, those sources said.
Journalist Ayan Ghoshal of the privately owned news broadcaster Zee 24 Ghanta and reporter Sandeep Sarkar and camera operator Sanjoy Chattopadhyaya of the privately owned news broadcaster ABP Ananda were stoned, beaten with sticks, and kicked, during clashes between crowds and officials in Sandeshkhali, those sources said, as well as Ghoshal. Their cameras and other equipment were stolen and broken, and their vehicles were damaged, those sources said.
Sarkar said in an interview with his outlet ABP Ananda that he was beaten by the crowd and forced to unlock his phone. When the crowd saw the photos that he had taken, Sarkar and his driver were beaten again, their car was damaged, and their video live streaming equipment was stolen, he said. The crowd also beat his colleague Chattopadhyaya and snatched and broke his camera, Sarkar added.
In an article in The Telegraph an anonymous journalist said that they were chased and beaten by people who snatched their camera and destroyed it. They are undergoing medical tests after vomiting, they added. Ghoshal told CPJ that his vehicle was the first to be targeted and damaged by the crowd with stones, bricks, and sticks.
“It is disturbing to witness the growing intolerance of press freedom in West Bengal,” said Kunāl Majumder, CPJ’s India representative. “Authorities in West Bengal must drop all charges against journalist Santu Pan, investigate the violence meted out against reporters covering unrest in Sandeshkhali, and ensure that the media can do their jobs without fear or interference.”
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Mar 21, 2024
- Country
- India
- Initial Date
- Feb 19, 2024
- Event Description
Indian authorities must drop the charges against journalist Santu Pan, who was arrested live on air while reporting on allegations of abuse by West Bengal officials, and investigate the earlier assault of three journalists reporting on clashes related to one of those officials, the Committee to Protect Journalists said on Thursday.
On Monday, police arrested Pan, who works for the privately owned news broadcaster Republic Bangla, while he was reporting from a woman’s home in the village of Sandeshkhali, about 80 kilometers (50 miles) east of West Bengal’s state capital, Kolkata, and remanded him in police custody for three days, according to news reports. Pan’s arrest was captured in a video by Republic World.
Pan, who was freed on bail on Thursday, was reporting on weeks of protests by local women over alleged rape and sexual assault by officials with West Bengal’s ruling All India Trinamool Congress (AITC). One of the alleged assailants has fled, while another was arrested.
On Thursday, Calcutta High Court ordered a stay on further proceedings in the police investigation into Pan for violating multiple sections of the penal code. If charged and found guilty of criminal trespass, Pan could face imprisonment for up to three months; for house trespass, imprisonment for up to one year; for outraging the modesty of a woman, imprisonment for up to three years; for voyeurism, imprisonment for up to three years; and for criminal intimidation, imprisonment for up to two years.
The unrest in Sandeshkhali started on January 5, when hundreds of supporters of an AITC official attacked federal officials with the Enforcement Directorate who had arrived to conduct a raid on the official’s house over an alleged scam regarding government-subsidized food distribution, according to news reports. Several officials were injured, their vehicles set on fire, and their laptops and phones were looted, those sources said.
Journalist Ayan Ghoshal of the privately owned news broadcaster Zee 24 Ghanta and reporter Sandeep Sarkar and camera operator Sanjoy Chattopadhyaya of the privately owned news broadcaster ABP Ananda were stoned, beaten with sticks, and kicked, during clashes between crowds and officials in Sandeshkhali, those sources said, as well as Ghoshal. Their cameras and other equipment were stolen and broken, and their vehicles were damaged, those sources said.
Sarkar said in an interview with his outlet ABP Ananda that he was beaten by the crowd and forced to unlock his phone. When the crowd saw the photos that he had taken, Sarkar and his driver were beaten again, their car was damaged, and their video live streaming equipment was stolen, he said. The crowd also beat his colleague Chattopadhyaya and snatched and broke his camera, Sarkar added.
In an article in The Telegraph an anonymous journalist said that they were chased and beaten by people who snatched their camera and destroyed it. They are undergoing medical tests after vomiting, they added. Ghoshal told CPJ that his vehicle was the first to be targeted and damaged by the crowd with stones, bricks, and sticks.
“It is disturbing to witness the growing intolerance of press freedom in West Bengal,” said Kunāl Majumder, CPJ’s India representative. “Authorities in West Bengal must drop all charges against journalist Santu Pan, investigate the violence meted out against reporters covering unrest in Sandeshkhali, and ensure that the media can do their jobs without fear or interference.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 21, 2024
- Country
- India
- Initial Date
- Mar 5, 2024
- Event Description
Indian authorities must drop the charges against journalist Ashutosh Negi, who was arrested in connection with his reporting on a murder investigation in the northern state of Uttarakhand, the Committee to Protect Journalists said Thursday.
Negi, editor of the weekly Hindi newspaper Jago Uttarakhand, was arrested on March 5 from his home in Pauri town, 94 miles (151 kilometers) from the state capital of Dehradun, according to multiple news outlets and his lawyer, Navnish Negi (no relation), who spoke to CPJ by phone.
Although Negi was released on bail on Wednesday, he faces accusations under the Scheduled Castes and the Scheduled Tribes law, based on a complaint from an unnamed individual and allegations of a scuffle with police officers during his arrest, those reports added.
Immediately after Negi’s arrest, Uttarakhand Director General of Police, Abhinav Kumar, issued a statement accusing the journalist of being “part of a conspiracy” to “sow anarchy and discord in society” through his reporting and activism around the police investigation into the killing of 19-year-old Ankita Bhandari in September 2022, news reports said.
Bhandari, a receptionist at a resort owned by the son of a former ruling Bharatiya Janata Party official, went missing and was later found dead. Despite initial arrests in connection with the case, including that of the official’s son, concerns persist over the pace and transparency of the investigation. Negi has extensively reported and shared his views on the police investigation on his news website and social media platforms, according to CPJ’s review.
“The police chief’s statement makes it abundantly clear that journalist Ashutosh Negi is being targeted for his work as a journalist and activist,” said Kunāl Majumder, CPJ’s India representative. “Authorities in Uttarakhand must drop all charges against him and ensure that the media can perform their duties without fear or interference.”
Navnish Negi accused the police of misusing the law to target his client and told CPJ that the accusation against Negi for violating Scheduled Castes and the Scheduled Tribes law was found to be false during a governmental inquiry 1½ years ago. A fresh allegation was filed against Negi in January to harass him, Navnish Negi claimed.
Kumar did not respond to CPJ’s email requesting comments.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 18, 2024
- Country
- India
- Initial Date
- Feb 14, 2024
- Event Description
About the Human Rights Defender: Mr. Udayram (27) s/o Hawa Singh is a video journalist from Hisar district in Haryana, who works with Janchowk web portal since the last several years. He often covers issues of farmers and labourers of Haryana’s rural areas.
Date of Incident: February 14, 2024 Place of Incident: Khanauri border, Data Singhwala village, tehsil Narwana, Disrict Jind, Haryana. Details of the Incident: Mr. Udayram has been covering the ongoing farmers protest in Haryana for the web portal Jan Chowk. On February 14, 2024, at about 2:30 PM, the Deputy Superintendent of Police of Jind invited the farmer leaders for discussions. Mr. Udayram also went to cover the story, accompanying the farmers who went to meet the SP. Mr. Udayram was being driven in a farmer leader’s car in a 8 car convoy to Khanauri border which had about 30 farmers. The convoy was escorted by a police jeep and taken to the site 300 meters ahead where the DSP was to meet members of the delegation. While the discussions were on, all of sudden police started vandalizing vehicles. The car in which Mr. Udayram was travelling was attacked by Para military force members, first they broke the glass then used sticks to damage the bodies of the vehicles. They were also carrying drilling machine with which they damaged the tyres of vehicles. When Mr. Udayram tried to stop the policemen vandalising the cars they threatened him that they will make holes in HRD’s body too with the drilling machine. When this delegation returned, they sat in a nearby house and complained about the attack to the DSP. However he denied that this act could be done by the police officials. Mr. Udayram told DSP that he has a video clip of police officials damaging the vehicles, then the police officials present there threatened him with a beating in front of DSP.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 13, 2024
- Country
- India
- Event Description
Kashmiri journalist Aasif Sultan has been rearrested in connection with an old case of unlawful activities filed by Srinagar district police in which he was named as an accused, his family and lawyer said.
The award-winning journalist was arrested hours after he was brought to his home in the Batamaloo locality of Srinagar from Ambedkar Nagar jail in Uttar Pradesh where he was in preventive detention under the Public Safety Act (PSA) since 2022.
Sources said that Sultan was initially summoned by Rainawari police station on Thursday (February 29) and later arrested. “The news has shocked his family who were hoping that his ordeal of more than five years had finally come to an end,” family sources said.
Sultan’s short-lived reunion with his family, which includes a six-year-old daughter who was an infant when her father was arrested, his ailing parents and wife, was prolonged by more than two months due to “procedural delays”.
According to reports, some Kashmiri detainees, who are set free by the courts, have to reportedly get clearances from the J&K administration before they can walk out of jails. The Telegraph reported, quoting sources, that this has become necessary after an amendment to the Public Safety Act.
Sultan was produced in a Srinagar court on Friday (March 1) and later sent to five-day police custody, “The case will come up for hearing again on March 6,” Adil Abdullah Pandit, his lawyer, told The Wire.
Pandit said that Aasif was arrested by Srinagar police in FIR No 19/2019, which was filed by Rainawari police station under Sections 147 and 148 (rioting and punishment for rioting), 149 (offence committed by any member of unlawful assembly) 336 (endangering human life) and 307 (attempt to murder) of Indian Penal Code, besides Section 13 (advocating, abetting or inciting unlawful activity) of the Unlawful Activities Prevention Act.
He said that the case relates to the 2019 incident of rioting at Srinagar’s Central Jail wherein the inmates had allegedly ransacked the barracks after some argument with the prison staff which later turned violent. Inmates had alleged that the desecration of the Holy Quran led to the flare-up, a charge denied by the jail administration.
“At that time, Aasif was lodged in the same jail under FIR No 73/2018, in which he has already been granted bail by the court,” Pandit said.
The FIR No 73/2018 at Batamaloo police station in Srinagar, in which Sultan was accused of harbouring terrorists at his residence in 2018, marked the beginning of his ordeal. The police booked him under Sections of the Unlawful Activities Prevention Act and some sections of the Ranbir Penal Code (now Indian Penal Code) and he was later arrested.
At the time of his arrest, he was working with the now defunct, monthly English magazine Kashmir Narrator.
About three years later, a court in Srinagar granted him bail in the case on April 5, 2022, citing the failure of the investigators in providing evidence that linked Sultan to any militant group while ordering his release.
However, before he could walk out of jail, authorities invoked the controversial Public Safety Act against Sultan, while accusing him of “harnessing known militants”, “criminal conspiracy” and “aiding and participating in militant activities”.
He was taken into preventive detention under the PSA and later shifted to Uttar Pradesh.
The PSA dossier strangely accused Sultan, who was awarded the John Aubuchon Press Freedom Award in 2019, of being an “over-ground worker of Hizbul Mujahideen” who, while in jail, joined Ansar Ghazwat-ul-Hind, an Al-Qaida affiliate.
The dossier also claimed that Sultan was an over-ground worker of The Resistance Front, a militant group which was formed months after Sultan’s arrest in 2018 and which authorities believe is an offshoot of Pakistan Lashkar-e-Toiba terror outfit.
However, the detention of Sultan under the controversial Act was quashed by J&K high court in December last year, which termed the allegations against him as “unsustainable” and urged the authorities to end his “illegal” detention.
“It is unambiguously clear and evident from the perusal of receipt of grounds of detention and other relevant record that only five leaves have been given to detenu,” Justice V.C. Koul observed in his judgment.
The court also pointed out that the detaining authorities in Kashmir didn’t provide Sultan with the copies of the FIR, witness statements or other investigation material of the case, which formed the basis for his preventive detention under the PSA.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 13, 2024
- Country
- India
- Initial Date
- Feb 21, 2024
- Event Description
Responding to the death of the 22- year-old farmer Shubhkaran Singh during the ‘Dilli Chalo’ Farmers’ march, Aakar Patel, chair of board at Amnesty International India, said:
“The death of Shubhkaran Singh occurred amid a ruthless crackdown by the state authorities on the farmers protests in India. Authorities must carry out a prompt, effective, thorough, independent and impartial investigation into the cause and circumstances of the death of the protestor, and ensure the suspected perpetrators are brought to justice through fair trials without recourse to death penalty.
“With more protests planned for the coming days, authorities must do all in their power to ensure that people can peacefully voice their concerns, without fear of injury or death. The Government of India must respect, protect and facilitate the right to freedom of peaceful assembly in line with its international human rights obligations.
“The price of protest must not be death.”
Indian authorities must do all in their power to ensure that people can peacefully voice their concerns, without fear of injury or death.
Aakar Patel, chair of board at Amnesty International India Background: Farmer Shubh Karan Singh’s death on 21 February 2024 at the border of Punjab and Haryana is the first since the protests began on 13 February. As per media reports, the cause of death was a bullet wound to the head as shared by medical superintendent of Patiala based Rajindra Hospital. The postmortem report is awaited.
At least 13 more people were being treated for injuries and as per statement from the police, approximately 12 police were also injured in clashes with the protestors.
Over 200 farmers’ unions are participating in the ‘Dilli Chalo’ march raising twelve demands including the legal guarantee of minimum support price (MSP) for all crops which the Government had promised in 2021.
Previously, Amnesty International has raised concerns on the increasing threat to the right to peaceful protest due to excessive use of force, blanket bans, internet shutdowns and arbitrary arrests of protestors in the Farmers’ march.
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to life, Right to Protest
- HRD
- Community-based HRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 12, 2024
- Country
- India
- Initial Date
- Feb 9, 2024
- Event Description
The police have arrested 10 people after journalist Nikhil Wagle’s car was attacked in Pune last week. However, Wagle himself was subjected to a new FIR filed against him after the attack for violating a police notice
In Pune, a car taking Maharashtra journalist Nikhil Wagle, and activist Vishwambhar Choudhary, and human rights lawyer Asim Sarode was brutally attacked on February 9 by people who are believed to be workers in the BJP. The three were en route to a Nirbhay Bano rally in Pune.
After the attack, a second FIR was filed against Wagle at the Parvati police station in Pune where he and several others, which includes organisers of the Nirbhay Bano event in Pune, are now subjects of an FIR. The FIR is based on charges for violation of a police notice. The list of named people in the FIR has members of various political parties, such as Dhiraj Ghate, the Pune unit chief of the BJP along with 250 party members, Arvind Shinde, the Congress party city chief, Prashant Jagtap representing the Sharad Pawar faction of the Nationalist Congress Party, and Sanjay More from Shiv Sena. Furthermore, the social media site X was also trending with people calling for his arrest.
Meanwhile, on Saturday, ten members of the BJP were arrested in Pune in connection with the assault on senior journalist Nikhil Wagle. The arrested people have been identified as Deepak Pote, Ganesh Ghosh, Ganesh Sherla, Raghvendra Mankar, Swapnil Naik, Pratik Desarda, Dushyant Mohol, Datta Sagre, Girish Mankar, and Rahul Paygude. Several charges have been filed against them which include sections of the Indian Penal Code related to rioting and voluntarily causing harm.
Prior to the attack, BJP Pune’s president Dheeraj Ghate reportedly commented on the incident on X, associating Wagle with ‘naxalism’. There is thus far no news or reports of Ghate being arrested as of yet.
Meanwhile, the Indian Express has reported that Nikhil Wagle’s team, with Vishwambhar Choudhary and Asim Sarode, has called for the arrest of Dheeraj Ghate and other party figures purportedly after the attack on Wagle.
On February 11, Sunil Deodhar from the BJP called for the arrest of journalist Nikhil Wagle who according to him has made “objectionable” remarks directed at Prime Minister Narendra Modi and former Deputy Prime Minister L K Advani.
According to reports, Deodhar has stated that he has lodged a formal complaint with the Pune police on February 8 against Nikhil Wagle, which he has done because of “offensive tweet” by Wagle posted on February 6. The FIR, filed at Vishrambaug police station, books Wagle for charges against his remarks under IPC sections 153A (promoting enmity between different groups), 500 (defamation) and 505 (statements conducing to public mischief).
According to the report, Pune Police Commissioner Amitesh Kumar stated that an investigation into the matter is currently ongoing. Furthermore, a senior police official has stated to the newspaper that there are no immediate plans to arrest Wagle in connection with the case and the decision to arrest him will only be made after the investigation is complete.
Wagle’s car was brutally attacked on February 9 in Pune with scores of people hitting his car with hockey sticks, stone, and iron rods resulting in smashed windows of the car and injured passenger. Wagle was informed about a tense atmosphere after he made a tweet by the police.
The police have issued a public statement saying that they had asked Wagle not to leave for the event until all the protestors were detained. However, the police has stated, that due to traffic the detaining people began to take time, but Wagle did not take note and left for the event and even ‘changed routes.’ However the police has stated that they had plainclothes police personnel following him for his safety. About the attacked they have stated that, “When the car was attacked, the plainclothes policemen standing between agitators and Wagle’s car tried to stop the attack, but heavy traffic and bystanders ruled out the possibility of using force of evacuating him and his car immediately.”
Speaking to Sabrang India after the incident, Nikhil Wagle narrated about how the events took place, “The fact that we survived was a chamatkaar (miracle). We were about to die, but got saved. This was a mob lynching. We were surrounded in all directions and chased. I’ve been attacked even before this, but this was the worst.” Further, he says that the attack took place in police presence, “The police came with us, but the police did not protect us.”
“The police stopped us at Asim Sarode’s house – this was a house arrest. They kept telling us to stop for half an hour, ten minutes more. But finally I decided to leave and I told the police I have committed to the people.” He further goes on to say that the stone-pelting started soon after they took to the road.
Meanwhile a BJP leader from Pune has reportedly stated that the party workers agitated against Wagle because of his own statements. According to the Indian Express, BJP spokesperson Sandeep Khardekar has said that, “Both actions are condemnable. The attack on Wagle’s car is condemnable, and his disparaging remarks against PM Modi and LK Advani are even more condemnable. Our party workers would not have done what they did if they were not instigated by Wagle’s objectionable comment. Wagle stooped very low but no one took him to task. Why are people silent on his derogatory comment?”
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Environmental rights defender, Lawyer, Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Mar 12, 2024
- Country
- India
- Initial Date
- Feb 13, 2024
- Event Description
Indian police have used tear gas and water cannon for a second day to stop farmers demanding minimum crop prices from marching on the capital Delhi.
The capital is ringed by razor wire, cement blocks and fencing on three sides to block their entry.
Mostly from Punjab state, the farmers are still 200km (125 miles) from Delhi - thousands of security forces are deployed to block their way.
Farmers say the government broke its word after protests two years ago.
In 2020, farmers blockaded national highways around the capital - their year-long protest was a major challenge and forced the authorities to roll back controversial agriculture reforms, but farmers say other demands have not been met. The government has invited farm leaders to hold talks.
The new protests come months before general elections in which the governing Bharatiya Janata Party (BJP) of PM Narendra Modi is seeking a third consecutive term.
Video footage on Wednesday morning showed thousands of riot police and paramilitary troops deployed along Delhi borders to keep the protesters away.
Farmers allege that plastic and rubber bullets had been used against them, and they criticised the media, saying a perception was being created that farmers were "terrorists" or aligned with opposition parties.
"We have nothing to do with anyone else," farm leader Sarwan Singh Pandher told reporters. "Our demands have been the same from the very beginning."
At the Shambhu border point between Haryana and Punjab states north of Delhi, farmers have been distributing protective eyewear to protesters facing police tear gas shells.
Earlier, Mr Pandher told ANI news agency that there were approximately 10,000 people at the Shambhu border. Calling the attack on the farmers "shameful", he said, "we are farmers and labourers of the country and we do not want any fight".
Mr Pandher appealed to Prime Minister Narendra Modi "to give us a law for MSP".
Minimum support price (MSP) is a guaranteed price that allows farmers to sell most of their produce at government-controlled wholesale markets, or mandis. The farmers are also demanding that the government fulfil its promise of doubling their income, and withdraw court cases filed against farmers during the previous protest.
Farm leaders say at least a dozen farmers have been detained by the police since Tuesday, the day the protest march began after two rounds of talks between farm unions and federal ministers failed to break the deadlock.
On Wednesday, federal minister Anurag Thakur asked farmers to resume talks. "When we have met most of your [farmers'] demands, a solution can be found on the rest through discussions," he told news channel NDTV.
Farm leaders said they were open to continuing talks after hearing about the offer through media. "Our priority is that the talks are held in Chandigarh or anywhere near the protest site," said one of their leaders, Jagjit Singh Dallewal.
More than 200 unions are participating in the march and the farmers aim to reach the capital after crossing the state of Haryana.
On Tuesday, images from the city of Ambala, 200km north of the capital, showed thick clouds of tear gas. At Shambhu, clashes broke out between police and protesters as they tried to press past the barricades. Police dropped tear gas on the crowd using drones.
Several protesters were injured. Security personnel also suffered injuries from stones thrown at them by protesters.
Disruption was reported across Delhi as authorities diverted traffic and blocked roads.
The protesters have received some support from the Punjab and Haryana High Court which has said that as citizens of the country, the farmers had the "right to move freely".
India's opposition leaders have also extended support to them and condemned the government's attempt to stop them from reaching Delhi.
Congress party leaders Rahul Gandhi and Mallikarjun Kharge said on Tuesday that they would enact a law to guarantee minimum price for the farmers if the party was voted to power in the elections.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 6, 2024
- Country
- India
- Initial Date
- Jan 19, 2024
- Event Description
In a demonstration against caste-based discrimination and unjust actions by the DU administration, Bhim Army Chief Chandrashekhar Azad joined supporters rallying in favor of terminated teacher Ritu Singh on Friday. The march had been planned well in advance, scheduled for January 19 to mark the death anniversary of Rohith Vemula.
During the protest, Delhi Police briefly detained Chandrashekhar Azad and some students from Delhi University. However, they were later released. Dr Ritu Singh, formerly an ad-hoc professor in the psychology department at DU, has been staging a sit-in for the past 140 days after being terminated from her position. Singh had previously worked at DU's Daulat Ram College.
On Friday, the Bhim Army Chief Azad arrived amidst tight security arrangements made by Delhi Police. Barricades were set up on all routes leading to the North Campus.
This march had also witnessed the presence of Supreme Court advocate Mahmod Pracha. Delhi Police had removed tents and other belongings from Ritu Singh's protest site few days ago.
Dr. Singh had taken to the social media and sought community's support in the massive demonstration on January 19. Ritu alleges that the DU administration discriminated against her due to her Dalit identity. Dr Singh had levelled serious allegations against Daulat Ram College's principal, Savita Roy, four years ago. In 2020, she had protested for removing Roy from the post.
Few DU students participating in the march on Friday, stated that they had come to extend support and stand with Dr Ritu Singh in her fight against injustice, emphasizing that while Savita Roy has not been arrested, the protest led by Dr. Ritu is being suppressed. The case is presently in the court.
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Minority rights defender, NGO staff, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 7, 2024
- Country
- India
- Initial Date
- Jan 9, 2024
- Event Description
In a shocking turn of events, Dr. Ritu Singh, an adjunct teacher in the Department of Psychology at DU's Daulat Ram College, has been taken into custody by the Delhi Police.
The arrest follows her 125-day-long protest over alleged unfair dismissal from her teaching position. The #JusticeForDrRitu trend on social media has brought this issue to the forefront, raising questions about the administration's actions and police conduct.
The controversy dates back to Dr. Ritu Singh's tenure at Daulat Ram College, where she previously accused Principal Dr. Savita Roy of discrimination due to her Dalit identity. Driven by these allegations, Dr. Ritu engaged in a prolonged demonstration outside the college, leading to her recent arrest by the Delhi Police.
The arrest took place when Delhi Police forcibly removed Dr. Ritu and her supporters from the protest site, citing the lack of permission for the demonstration. The incident, caught on video, has triggered widespread condemnation on social media, with users expressing solidarity using the hashtag #JusticeForDrRitu.
The ongoing dispute between Dr. Ritu and Principal Dr. Savita Roy centers around accusations of unprofessional conduct in the classroom. Dr. Ritu claims that she was unfairly dismissed due to her Dalit background, alleging that the principal never allowed certain students named by her to attend her classes.
In contrast, Dr. Roy asserts that Dr. Ritu engaged in disruptive behavior during lectures, leading to student dissatisfaction. The matter is currently sub judice.
Social media platforms are flooded with posts denouncing the actions of Delhi Police and questioning the fairness of Dr. Ritu's arrest. Users are sharing videos and testimonials, including one from a tribal army veteran, illustrating the alleged high-handedness of the police in handling the situation.
The arrest has sparked outrage among netizens, with many accusing the police of authoritarianism and illegal detainment. Youth from various walks of life are rallying behind Dr. Ritu Singh, demanding transparency, justice, and accountability from both Delhi University and the police force.
As #JusticeForDrRitu continues to trend on social media, the case is now under intense public scrutiny. The incident raises broader questions about academic freedom, the treatment of Dalit individuals, and the role of law enforcement in handling peaceful protests.
The battle for justice for Dr. Ritu Singh unfolds amidst a growing chorus of voices seeking accountability and fairness in the face of perceived injustice.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Academic, Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 7, 2024
- Country
- India
- Initial Date
- Jan 24, 2024
- Event Description
In a shocking incident, a broadcast journalist was chased from his home on Wednesday night, waylaid by six unidentified men on the main road in Palladam's Tiruppur district and hacked with sickles even as he was on the phone with a police personnel frantically seeking help.
Nesa Prabhu, a reporter with News7 Tamil television channel, is now battling for his life at a private hospital in Coimbatore, 450 km from Chennai, with reports suggesting that he has about 62 cuts in his body. The journalist’s colleagues said his condition was “critical.”
The incident sent shockwaves across Tamil Nadu with journalists protesting outside the Coimbatore Collectorate and at various places across the state, including in Chennai, demanding action against the accused.
While there was no word of condemnation from the government even after 18 hours, Opposition Leader Edappadi K Palaniswami, Tamil Nadu BJP chief K Annamalai, and leaders of other political parties termed the attack on a journalist as a classic case of “break down of law and order situation” in the state and asked the DMK dispensation to “wake up” to the reality.
Tiruppur District Police said they have begun investigation into the case and have secured footage from CCTVs from a petrol bunk and a restaurant in the area where the reporter was brutally attacked. The police said they have formed four special teams to nab the accused.
The incident took place at around 9 pm on Wednesday, four hours after Nesa Prabhu called the police helpline seeking protection as he informed them that two people had come to his village, T Krishnapuram, in a vehicle that had no number plate and enquired about him. Chilling audio conversations between the journalist and police show how scared Nesa Prabhu was after being chased by the gang from his home.
The journalist had in the past few days reported about state-owned TASMAC liquor outlets in Palladam area functioning beyond their working hours and other stories, including an argument between a man and police. His colleagues said Nesa Prabhu called the police control room at around 4 pm on Wednesday following which he was asked to go to the police station and file a formal complaint.
In one of the conversations with the police, the journalist is heard telling them that four people had come in an SUV and a motorcycle – both had no number plate – separately and enquired about him from his village residents.
In another conversation, a recording of which was accessed by DH, the reporter is heard giving graphic details of the people who were following him in a two-wheeler after hiding near the restaurant.
“What is the registration number? What is the colour of the two-wheeler? What is the make of the vehicle?” – the reporter patiently answers every question posed by the police personnel on the other side. Nesa Prabhu also tells the police that people who chased him can be identified from the CCTV footage, besides pleading with the men in khaki to come and save his life.
It is believed that Nesa Prabhu kept the police on the line while he escaped from his home and came to the main road where was chased once again.
“Six people are chasing me,” Nesa Prabhu tells the police personnel who ask him whether he has come to a safe place. “Yes, I am in a safe place,” he tells police, hiding near the petrol bunk.
“They are six people and how many times do I keep hiding? I can’t even sleep properly. If there is someone with me, I will go and attack them. We can catch them as they can be identified from CCTV footage,” the journalist tells the police personnel, who tells him that he will inform the inspector of police.
Within a few seconds, the reporter shouts on the phone, “sir, they have come.” “What are you saying,” asks the policeman. “I am coming to the station. Please come, I can see five cars. They have come. My life is over,” Nesa Prabhu tells the policeman, before he was hacked by the gang.
Several journalist bodies, including Chennai Press Club, condemned the incident and asked the government to swing into action immediately and bring to book the perpetrators.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Feb 1, 2024
- Country
- India
- Initial Date
- Nov 20, 2023
- Event Description
Front Line Defenders strongly condemns the brutal crackdown and arrest of human rights defenders associated with the Damkondawahi Bachao Sangharsh Samiti by police authorities in Gadchiroli, Maharashtra. On 20 November 2023, the police initiated a crackdown on a nine-month long peaceful protest against corporate mining in the Etapalli Subdivision of the Gadchiroli District. They beat protestors, seized their mobile phones and belongings, destroyed huts and shelters, and detained a number of protestors including human rights defenders and community leaders. As part of this crackdown, 21 peaceful protesters have been arrested on fabricated charges and remanded to judicial custody. Front Line Defenders express its solidarity with the protest movement and the human rights defenders and community leaders facing persecution as a result of their legitimate and peaceful human rights work.
The Damkondawahi Bachao Sangharsh Samiti is a protest movement led by Madia-Gond Adivasis — a people recognised by the Indian government as a Particularly Vulnerable Tribal Group (PVTG). The protest movement advocates against corporate mining in the Etapalli Subdivision of the Gadchiroli District. In 2007, Lloyds Metals and Energy Private Limited (LMEL) was given clearance to begin iron ore mining in an area of over 348.09 hectares of land in the village of Surjagarh in Gadchiroli. This decision was taken without any public consultation with the local community, namely the gram sabhas (village councils), as is mandated by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 and the Panchayat Extension to Scheduled Areas (PESA) Act 1996. On 10 March 2023, LMEL was granted environmental clearance to expand its excavation from 3 to 10 million metric tonnes per annum. The area being excavated by LMEL for iron ore mining encroaches on lands granted to Adivasis as part of their community forest rights under the Forest Rights Act 2006.
On 11 March 2023, Adivasi communities from over seventy villages, most of whom belong to the Madia-Gond community, came together under the collective Damkondawahi Bachao Sangharsh Samiti to oppose the iron ore mining by LEML, which has posed an existential threat to their lands, livelihood, culture and environment. Despite their ongoing protest, in June 2023, six new mines, spanning 4,684 hectares, were leased to five companies —Omsairam Steels and Alloys Private Limited, JSW Steels Limited, Sunflag Iron and Steel Company Limited, Universal Industrial Equipment and Technical Services Private Limited, and Natural Resources Energy Private Limited. If allowed to operate, these mines could potentially displace at least 40,900 people.
On 20 November 2023, a large police contingent arrived at the protest site in Todgatta and unleashed a violent crackdown on the peaceful protestors. The police singled out the leaders of the protest movement and forcefully searched their belongings. Eight human rights defenders and leaders of the protest, namely Mangesh Naroti, Pradeep Hedo, Sai Kawdo, Gillu Kawdo, Laxman Jetti, Mahadu Kawdo, Nikesh Naroti, and Ganesh Korea, were forcibly taken away by the police in a helicopter and their phones seized. The police also vandalized small huts and shelters at the protest site. Videos emerging from the incident reveal the police lathi-charging protestors and reprimanding those who attempted to document police action. Several protestors sustained serious injuries due to police violence.
21 protesters, including human rights defenders and community leaders, are currently imprisoned, accused of various offences including rioting, criminal conspiracy, assaulting a public servant during discharge of their duty, wrongful restraint, and unlawful assembly. It is crucial to note that the First Information Report (FIR) 0074/23 against the human rights defenders was registered on 21 November 2023 which means that the human rights defenders were illegally detained without formal charges for almost an entire day, and their whereabouts were unknown to their family members. Those arrested are currently being held in Chandrapur Jail and have been remanded to judicial custody where they are to be held until 5 December 2023.
The crackdown took place a few weeks after the human rights defender and lawyer Lalsu Nogoti provided a video statement at the 54th Session of the United Nations Human Rights Commission and spoke about the struggles and demands of Madia-Gond Adivasis and other traditional forest dwelling communities. As a member of the Madia-Gond Adivasi community himself, Lalsu Nogoti has been vocal about the attacks faced by indigenous populations through the colluding forces of corporatization, militarization and state repression. On the day of the attacks, Nogoti and other human rights defenders participated in a public discussion on the issues faced by communities organised by the Forum Against Corporatization and Militarization (FACAM) in New Delhi.
The police claimed that protesters had disrupted the inauguration of a new police station in Wangeturi village and had violently attacked police officials. They also alleged that the protests are a means to advance Maoist agendas and requested that the arrested human rights defenders be placed in police custody for interrogation. Targeting peaceful indigenous movements on the basis of fabricated Maoist conspiracies is part of a wider trend by Indian authorities which seeks to criminalize these communities and undermine their calls for human rights—a pattern that has also been observed by the Indian Ministry of Tribal Affairs in their high-level committee report.
Front Line Defenders has previously raised concerns over the criminalization and legal persecution of indigenous movements in Odisha, Madhya Pradesh, and Jharkhand. Protest movements such as the Damkondawahi Bachao Sangharsh Samiti embody the struggles of India’s Adivasi communities who have been consistently marginalized, persecuted and denied access to their constitutionally guaranteed rights. The Madia-Gond Adivasis are inextricably tied to their lands and forests, which not only serve as their source of livelihood but also encompass their traditional, cultural and spiritual beliefs and practices. Corporate mining in the region has severely impacted the community’s access to their lands and forests. Moreover, the pollution this has given rise to has led to several debilitating health issues within of the community. We urge the authorities in India to cease the targeting of human rights defenders associated with the Damkondawahi Bachao Sangharsh Samiti and to uphold India’s commitments to recognise the rights of indigenous populations as per international law.
- Impact of Event
- 21
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, Environmental rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 3, 2024
- Country
- India
- Initial Date
- Oct 31, 2023
- Event Description
Indian authorities must drop all investigations into freelance journalist Rejaz M Sheeba Sydeek over his reporting on allegations of anti-Muslim bias in the police force, return his mobile phone, and cease the harassment of his colleagues at Maktoob Media news website, the Committee to Protect Journalists said Wednesday.
On October 31, Kerala police initiated a criminal investigation against Sydeek for “giving provocation with the intent to cause a riot” under Section 153 of the Penal Code and took his mobile phone, the outlet’s deputy editor Shaheen Abdulla and Sydeek told CPJ by phone.
The investigation was in relation to Sydeek’s October 30 news report for Maktoob Media, in which Muslim men who were detained following an explosion at a Jehovah’s Witnesses convention last month accused the police of anti-Muslim bias, according to Abdulla and news reports. A former member of the congregation claimed responsibility for the blast in which six people died, those sources said.
“Launching a police investigation into Maktoob Media journalists over a report accusing the police of anti-Muslim bias sets a perilous precedent,” said Kunal Majumder, CPJ’s India representative. “Kerala police must drop their investigation into reporter Rejaz M Sheeba Sydeek, return his phone, and allow the press to publish news that is in the public interest.”
On November 16 and 17, the police interrogated Sydeek and Maktoob Media’s founder and editor Aslah Kayyalakkath and took a statement from Abdulla, those news sources and Sydeek said. Sydeek and Abdulla told CPJ that the police took Sydeek’s mobile phone and refused to provide a “hash value,” a unique identifier to ensure the device was not tampered with.
Additionally, Sydeek accused the police of threatening him with additional legal actions including invoking non-bailable sections of the law.
Abdulla said that Maktoob Media had been singled out for reporting on an important story that sought to hold the police accountable and described the police investigation as “arbitrary.”
Sydeek told CPJ that he followed due process while filing his report, including by reaching out to police for comment and quoting them in his story.
CPJ emailed the Kerala director general of police Shaik Darvesh Saheb but did not receive any response.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Dec 20, 2023
- Country
- India
- Initial Date
- Nov 6, 2023
- Event Description
Forty-six protesters, including students and alumni from the English and Foreign Languages University (EFLU), students from Osmania University (OU) and University of Hyderabad (UoH) were detained by the police on Monday, even before they could sit on an indefinite hunger strike to protest the alleged inaction of the university management in the recent sexual harassment case reported on campus.While EFLU students were picked up from inside the campus, OU and UoH students who came to express their solidarity, were detained right at the entrance of EFLU. Some professors have also joined students in their protest, which was announced on Sunday following the VC’s letter addressing students over the “efforts” being taken by his office and the administration after the October 18 sexual assault incident.OU police confirmed that all the students picked up from EFLU have been released and that an FIR was filed against 31 UoH students under section 188 (violation of electoral codes) for taking out a rally.“There was no sign of violence, but police entered the campus and detained several students even before we could sit in protest,” said student adding that even as several students were detained, five started their indefinite strike with six others on a relay hunger strike.Students alleged that since October 18, the VC has not addressed students. They said that on Monday at around 2 pm, the proctor and registrar came out and said that the administration was not going to approve any of their demands and asked the students to call off their protest.“When we refused to budge, the police resorted to forcefully detain students. They even snatched away our mobile phones,” a student claimed adding that about 300 students took part in the protest and that they will continue until all their demands are met. Students raised slogans against the varsity administration and demanded the resignation of the VC and the proctorial board.
- Impact of Event
- 46
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: 11 students accused of illegal gathering
- Date added
- Dec 19, 2023
- Country
- India
- Initial Date
- Oct 19, 2023
- Event Description
High drama continued on English and Foreign Languages University (EFLU) campus on Thursday night as students gathered in large numbers demanding action against the men involved in the alleged sexual assault of a student.
Vice-Chancellor E. Suresh Kumar, who was inside the building guarded by the security staff, was escorted out with police help in the midnight.
The university officials filed a complaint against 11 students in Osmania University police station for unlawfully gathering outside proctor T. Samson’s residence inside EFLU campus.
Meanwhile, the protest, which started around 4 p.m. on Thursday, went on till 1.30 a.m. on Friday.
Agitated students demanded the resignation of the Vice-Chancellor and proctor.
“We were appalled by the callous reaction from the healthcare staff and the management towards this issue. We need action to be taken against such authorities,” said the students.
The student was allegedly assaulted by two men, who are yet to be unidentified, around 10 p.m. of October 18. She was ambushed by the men by the old dispensary building near Gate Number 3 of the campus. After finding her lying unconscious, two students took her to the University Health Centre for medical assistance as she had bruises and injuries on her neck and head. Students said that the staffers treated this matter with insensitivity and also discouraged attempts from the students’ end to make the matter public.
“The woman was first questioned as to why she went to that part of the campus and was further suggested to keep the matter to herself,” added the students.
Police investigation
Meanwhile, OU inspector P. Anjaneyulu said that no arrests have been made following the complaint from the proctor.
“We will be identifying the students in the video footage of the gathering,” he said.
Speaking about the investigation into the alleged sexual assault, he said: “There are about 300 cameras inside the campus and we have gathered footage from 35 cameras surrounding the scene of offence to gather evidence against the two unidentified men. Efforts are on to identify and nab them.”
- Impact of Event
- 11
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to Protest
- HRD
- Student, WHRD
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Dec 19, 2023
- Country
- India
- Initial Date
- Nov 14, 2023
- Event Description
In a statement issued on Sunday, November 19, the PUCL said a First Information Report (FIR) was lodged by the Juhu police under relevant Sections of the Indian Penal Code (IPC) and the Maharashtra Police Act (MPA) against 13 individuals, 11 of whom students, on November 14 for alleged violation of prohibitory orders. According to the statement, all of them were picked up on November 14 after they responded to a call emanating from an Instagram account ‘solidarity movement’ to observe Children’s Day in India with a quiet prayer recital of the names of children killed in the ongoing conflict in Palestine.
“It appears that several persons attended the peaceful prayer gathering on the Juhu beach. However, after the prayer gathering ended and the participants had dispersed, the Juhu police picked up 17 individuals around 10.30 a.m. [November 14]. They were taken to the police station and illegally detained there until 7 p.m. after which they were released,” said the statement, adding that four among those picked up by the police were minors who had been allowed to leave only at 4 p.m. after their parents were called.
The PUCL has stated that the detained individuals had gone immediately after the prayer gathering ended to collect posters that they had earlier voluntarily kept in the police cabin near the Juhu beach as it had been decided that the gathering was meant to be ‘silent’, without any posters or banners.
“The police present there, however, started questioning them and asked them to pose with the posters and placards and then photographed them. The police then told them they would escort them to the bus stop to ensure they leave safely. As they proceeded, they suddenly found that a police van had arrived. They were forcibly pushed into the van, detained and taken to the Juhu police station. The youngsters were frightened and many were crying,” said the PUCL statement, laying down the sequence of events.
According to PUCL, none of those detained were allowed to contact their parents or seek any legal help and call up a lawyer, condemning the police’s “gross violation of basic rights.”
“The 17th person to be picked up by the Juhu police was social activist Feroze Mithiborwala. He was picked up after the prayer gathering had ended and was made to remove posters from his bag, though he had never displayed any posters at the prayer gathering,” said the PUCL statement.
Condemning the police action as “excessive and arbitrary,” the statement said it was “a clear case of harassment.”
“Disturbingly, the attitude of the police was also intimidatory towards the young members of the minority community, especially the young girls, who had peacefully participated in a prayer gathering,” said the statement.
It censured the “arbitrary police action” which, in effect, had resulted in a complete restriction in Mumbai on public protests and peace gatherings “against the unprecedented violence and suffering faced by Palestinians, for which daily protests were taking place globally.”
The entire text of the statement may be read here:
Democracy demands that right to protest be protected not punished!
“People’s Union for Civil Liberties (PUCL) Maharashtra expresses grave alarm and concern at the increasing trend of criminalising public protest or any form of public expression on social issues and deplores the manner in which police in Mumbai speedily lodge cases against those participating in such democratic events. Especially in the context of the ongoing Israeli war on Palestine resulting in civilian deaths, the Mumbai police has in effect imposed a de facto ban on any form of peaceful public protest by citizens demanding an end to the violence, including the holding of peace gatherings and prayer meetings, even candlelight vigils in public places like the Azad Maidan. In no other part of India do we see this sort of obstruction to the right to protest, as is being seen in Mumbai.
“The recent example of the First Information Report (FIR) lodged by Juhu police under sections 37 (1), 37 (3) and 135 of the Maharashtra Police Act (MPA) against 13 individuals, 11 of whom are students, on November 14, 2023, for alleged violation of prohibitory orders, is a case in point. All of them were picked up on November 14, 2023, after they responded to a multi-city call emanating from an Instagram account ‘solidarity movement’, to observe Children’s Day in India with a quiet prayer recital of the names of children who were killed in Palestine. It appears that several persons attended the peaceful prayer gathering at Juhu beach. However, after the prayer gathering ended and participants had dispersed, Juhu police picked up 17 individuals at around 10.30 a.m. They were taken to Juhu police station and illegally detained there until 7.00 pm when they were released. 4 of them who were underage youth (2 boys and 2 girls), were allowed to leave only at 4 p.m. and their parents were called. PUCL Maharashtra has learnt that of the 17 individuals – all from the minority community, picked up by the Juhu Police, 16 individuals being 4 minors, 11 students and 1 mother of a student, had gone immediately after the prayer gathering ended to collect the posters that they had earlier voluntarily kept in the police cabin near the beach as it was decided that the gathering was meant to be silent i.e. without any posters or banners. The police present there however started questioning them and asked them to pose with the posters and placards and photographed them.
“The police then told them they will escort them to the Bus Stop to ensure they leave safely. As they proceeded under the directions of the police, suddenly they found a police van had arrived and they were forcibly pushed into the van, detained and taken to the Juhu Police Station. The youth were frightened and many were crying. At the police station, none of them were allowed to contact their parents or seek any legal help and call up a lawyer. All this is in clear gross violation of their basic legal rights. The 17th person picked up by the Juhu Police was social activist Firoz Mithiborwala. He too was picked up by Juhu police after the prayer gathering had ended and was also made to remove posters from his bag, though he had never displayed any posters at the prayer gathering. But the police were not willing to listen to any reason.
“In this manner, the 13 people illegally detained were finally released only at 7.00 pm on November 14, 2023, after being served with notices. They were asked to return the next day i.e. on November 15, 2023 at 11.00 am to submit their Aadhar Card xerox copy and 2 photographs. Then, on that day, the rest were allowed to leave by around 1.00 pm, but Feroze Mithiborwala was detained there till 6.30pm once again, when he was extensively questioned. Clearly, the police action was excessive and arbitrary, and this is a clear case of police harassment. Disturbingly, the attitude of the police was also intimidatory towards the young members of the minority community, especially the young girls, who had peacefully participated in a prayer gathering for peace.
“The youth were asked to provide all their personal details and their parents were later summoned to the police station. Activist Firoz Mithiborwala was repeatedly questioned whether he had organised the meeting, despite his repeated denial that he had only come in response to an online call and knew none of the youth involved. Even a copy of the FIR was only provided to them after an application from their lawyers. There was no occasion or ground for the police to file an FIR, that too selectively against the 13 people after the peaceful gathering had dispersed and when there was no disturbance to public order or violation of law. Moreover, in any event, none of the 13 people were involved in organizing the event but had only responded to a humane call on social media for the prayer gathering.
“Right to protest is a fundamental right of citizens guaranteed under the Indian Constitution and essential to our democracy. However, the increasing number of such instances show that the right to protest of citizens is not only being infringed upon, but even attempting to assemble peacefully in Mumbai is being met with harsh and intimidatory police action and criminal sanctions, creating an atmosphere of fear in which democracy cannot thrive or find expression.
“There has been continuous imposition of prohibitory orders under Section 37 (1) and (3) of the MPA, thereby providing ground to the police to criminalise peaceful gatherings and protests, and to selectively restrict protests. Meanwhile, most applications / intimations to the police for holding protests by citizens’ groups and civil society organisations are being denied and met with sanctions, including the peace gatherings and anti-war public protests on the ongoing Israeli war on Palestine. The police has been serving notices under Section 149 of the Criminal Procedure Code, 1973 (CrPC) to the applicants/organisers while denying permission to protest and the applicants/organisers have also on occasion been put under preventive detention under Section 151 of the CrPC. Just last month, the Mankhurd Police had arrested two young Mumbai activists and charged them under Section 353 and 332 of the Indian Penal Code, among other offences for violation of prohibitory orders under Section 144 of the CrPC and Section 37 of the MPA, and also detained 4 persons under Section 151 of the CrPC, in connection with a protest against the Israeli government’s ongoing violent attacks impacting civilians in Palestine. It is unfathomable that the arbitrary police action has in effect resulted in a complete restriction in Mumbai on public protests and peace gatherings against the unprecedented violence and suffering faced by Palestinians, for which daily protests are taking place globally and even in other states in the country calling for ceasefire. Infact, it is even more shocking that public demonstrations calling for an end to the ongoing violence in Palestine are being penalized in such fashion, considering India’s own history of freedom struggle from colonial rule and its long-standing recognition of the statehood of Palestine and the self-determination struggle of Palestinians.
“PUCL Maharashtra expresses concern on the misuse of penal law against peaceful protestors, thereby criminalizing and silencing voices of democratic expression and dissent. PUCL Maharashtra demands that the FIR lodged against the 13 civilians by Juhu police on November 14, 2023 be dropped forthwith and that the constitutional right of citizens to protest and to give peaceful expression to their views or feelings be protected.
“Besides, PUCL Maharashtra notes with distress, that there appears to be a concerted attempt to silence peaceful protests against war and violence. PUCL Maharashtra demands an end to the excessive, continuous and restrictive imposition of prohibitory orders under Sec 144 of the CrPC and Section 37 of the MPA. These orders, ostensibly issued to maintain public order, actually result in a curb on the constitutional right to public protest or gatherings and instead facilitate the criminalization of peaceful and democratic protests. This creates a chilling effect, amounts to censorship and is against the fundamental right to freedom of speech and expression, association and assembly. PUCL Maharashtra reiterates its demand that the legitimate right of citizens to protest be protected fiercly in the interest of our nation which is built on the fulcrum of that very right.*
The statement has been issued by Mihir Desai, President Lara Jesani, General Secretary PUCL Maharashtra.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Dec 14, 2023
- Country
- India
- Initial Date
- Nov 4, 2023
- Event Description
About the Human Rights Defenders:
-
Pachaiyappan, S/o Krishnan
-
Devan, S/o Munusamy
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Thirumal, S/o Mohanam
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Sozhan, S/o Nathikesavan
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Arul, S/o Arumugam
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Masilamani, S/o Chinnapaiyan
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Bakkiyaraj, S/o Balakrishnan
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Vijayan, S.o of Athimoolam
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Perumar, S/o Subramani 10.Murugan, S/o of Kuppan 11.Venkatesan, S/o Kuppan 12.Thirumalai, S/o Kalidoss 13.Sundaramoorthi, S/o Nadesan 14.Sadasivan, S/o Shanmugam 15.Balaji, S/o Mani 16.Annamalai, S/o Veerasamu 17.Durairaj, S/o Arumugam 18.Anbalagan, S/o Durairaj 19.Babu, S/o Narayanan 20.Rajdurai, S/o Palani All of them are farmers, land rights activist and Human Rights Defenders.
Background: Hundreds of farmers in the Tiruvannamalai district of the state of Tamil Nadu have been protesting peacefully for more than 128 days against the government's proposed acquisition of about 3000 acres of agricultural wetlands for the SIPCOT (State Industries Promotion Corporation of Tamil Nadu Ltd (SIPCOT)), Industrial Park scheme, which will then subsequently be leased to private industries. The police had filed numerous false FIRs (First Information Reports) with criminal charges against the protestors as well as many false criminal cases (FIRs) against them. Details of the Incident: On November 4, 2023, the police arrested 21 farmers in early morning hours at around 2am, by forcing entry into the houses of farmers, and thereafter remanded 20 of them to judicial custody. No DK Basu guidelines of arrest were followed by the police. The arrested farmers were taken to different police station by the police. Those arrested including Pachaiyappan, were subsequently produced before the Cheyyar Judicial Magistrate who first remanded them to the Vellore Central Prison and were then transferred to various central prisons at Madurai Central Prison, Palayamkottai Central Prison, Trichy Central Prison, Cuddalore Central Prison, Salem Central Prison, Tamil Nadu. All of them are still in jail. Their arrests were in connection with an FIR (No. 324 of 2023) filed at Anakkavoor police station on August 29, 2023, when Pachaiyappan and the other farmers were walking together for a public hearing. The public hearing was being organised by the district administration of Thiruvannamalai district when the police stopped them from walking and booked them under sections of unlawful assembly and other sections.
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- Impact of Event
- 21
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Land rights, Freedom of expression Offline, Right to Protest
- HRD
- Community-based HRD, Land rights defender
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member HRD Alert India
- Monitoring Status
- Pending
- Date added
- Nov 26, 2023
- Country
- India
- Initial Date
- Oct 14, 2023
- Event Description
About the Human Rights Defender: Mr. S. Kalidas has been working for the human rights of Dalits and Adivasis in Tamil Nadu and Puducherry. The HRD works with welfare organisations like Social Awareness Society for Youth (SASY) to develop the Dalit community. Background: About a year ago, HRD helped a Dalit woman, Munjuladevi, who had been sexually harassed by a person named Sakthivel (23), who belonged to a Vanniyar Community from Puthu Pallikozhi Street in Karuvandikuppam. The HRD accompanied the Dalit woman to the Laspet police station and helped her to lodge a complaint. The complaint was later retracted at the police station as the village elders and Sakthivel's relatives assured them that Sakthivel would not behave like this in the future. However, since the filing of the complaint, Sakthivel has repeatedly threatened the HRD for supporting the Dalit woman by making threatening phone calls. Details of the Incident: On October 14, 2023, Sakthivel called the HRD over the phone and threatened him. The HRD immediately informed Laspet police sub-inspector Anwar Pasha and narrated the incident. But no action was taken in this regard by the police officials. On the same day, at about 09.50 PM, Munjuladevi’s mother, Ms. Varalakshmi, contacted the HRD, stating that someone entered the house and started searching for her daughter. The HRD reached her home at Karuvadikuppam, 53, Mettu Street, Puducherry, at about 10.30 PM. At around 11.00 PM, six men led by Sakthivel entered Munjuladevi’s house and knocked on the door with knives. After breaking the door, they entered the house and brutally attacked HRD and Varalakshmi. They beat him using their firsts and stomped on his body. Sakthivel and an unidentified person attacked the HRD using a knife. He received 5 injuries, a cut on his head, ear, left hand middle finger and index finger and rights had middle finger and ring finger was cut off. On the right side of the ear and the head, he sustained cuts with the knife. Varalakshmi received a head injury when she was attacked with a knife. Seeing the pool of blood, the assailants fled from the crime scene.
At around 12.10 A.M on October 15, 2023 then, HRD was taken to Laspet police station by Dalit woman’s mother to register an FIR and seek protection of the police. Aggrieved by the inaction of the police, they left the police station for Puducherry Government Hospital. Because of the non-availability of doctors, he was shifted to BIMS private Hospital, Puducherry and later shifted to JIPMER Hospital in Puducherry. On October 15, 2023, at about 07.00 AM, the HRD was shifted to Puducherry government hospital and was treated in a critical condition in the special ward. He was discharged from the hospital on October 27, 2023. After that, he repeatedly approached the Laspet Police regarding the status of the investigation and filed representation seeking amendment of FIR as per provisions of the SC / ST (PoA) Act but no SC/ST Act was filed on the perpetrators. Sakthivel and six juvenile youth (names not disclosed by the police) were arrested by the police.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical), Wounds and Injuries
- Rights Concerned
- Right to healthy and safe environment
- HRD
- Minority rights defender, WHRD
- Perpetrator-Non-State
- Non-state
- Source
Case shared by FORUM-ASIA member HRD Alert India
- Monitoring Status
- Pending
- Date added
- Nov 26, 2023
- Country
- India
- Initial Date
- Aug 17, 2023
- Event Description
About the Human Rights Defender: Ms. Mubeena Khatoon (35) is a WHRD at Banda associated with many social and human rights organizations. She is a Convenor of “Chingari” a social organization which works for children's education, women and cases of domestic violence. She also works on issues of discrimination against women and Dalits. Background of the Incident: In December 2022, Ms. Mubeena had sought information regarding allotment of houses via an RTI from District Urban Development Agency (DUTA) Department, Banda. However no response was given regarding her RTI from the department. Details of the Incident: In January 2023, a letter was sent by Mr. Rajesh Kumar, City Magistrate, Banda District, to Ms. Mubeena which said that that as the convener of the so-called Chingari organization, she corresponds with higher officials on various subjects. When the reply is sent to her, it is returned to the sending office after commenting that the address is incorrect. Thus, she was directed to present herself and present the information on the following points regarding “Chingari Organization”. • Attested photocopy of the certificate of registration of "Chingari Sangathan" • List of names, addresses and mobile numbers of all officials of the organization • Full correspondence address of the organization • Certified photocopy of the constitution related to the working duties of the organization • Details of the work done by the organization till date. On February 13, 2023, a similar letter was sent by the City Magistrate to Ms Mubeena. The subject line of the letter said: In relation to the alleged unregistered Chingari organization, living under illegal occupation in Manya Kanshiram Colony Moja Nimmipar. On February 21, 2023 Ms. Mubeena replied to both these letters in writing to the City Magistrate, Banda saying that “you asked for information about Chingari organization, which I provided to you through registered post. It was clarified that Chingari is an unregistered organisation which was created by local people to help each other. In response to that letter, you have sent me this letter that any kind of activities of unregistered organization are invalid. In this regard, I submit that there are lakhs of self-help groups running in the country who are unregistered. Would you call those groups invalid as well? I request you that if any group or organization works together to create a society, please provide a copy of the act declaring it invalid. Because till now I knew that the Constitution gives us the right that any person can do creative work by forming a group or organization. You have written in the letter that it is mentioned in my letter that I have been paying instalments in block number 24 for 4 years. At the same time, it has also been written to register an FIR against the person illegally collecting rent from the government building and vacate the illegal encroachment. Regarding this, I submit that I have not written any such letter in which it is written that I am paying rent for any government accommodation. The language of your notice is fabricated. I am suspecting that such a fake letter has been written with the intention of hatching a conspiracy against me. I request you to please provide a photocopy of that letter. I am also requesting that many people have encroached upon Kanshiram Colony with the help of DUTA department officials. DUTA department has illegally allotted houses to those people by taking money. If you really want to conduct an impartial investigation, I can provide the list of officials of the DUTA department and the illegal occupants of the houses.” On February 23, 2023 Ms. Mubeena also filed an RTI to Public Information Officer/City Magistrate Banda under which she demanded to know under which law and which section the social and creative activities done by the organization will be invalid. On August 17, 2023 a letter was sent to Ms. Mubeena by Mr. Rajesh Kumar, City Magistrate, Banda. This letter said that in an application Ms. Mubeena stated that she had been paying rent in that colony for four years so, she should be provided a residence. She was asked to vacate the house and provide possession to DUDA office. Otherwise, the house will be vacated with police force. However Ms. Mubeena denied any wrong doing and alleges that she and her social organisation are facing harassment and being targeted by the City Magistrate due to her RTI. Regarding this whole matter, Ms. Mubeena says that “I sought information from the DUTA department through an RTI, but instead of responding to that RTI, the City Magistrate is continuously harassing me and my organization. Until now no information has been given to me by the DUTA department. I am afraid that they are trying to implicate me in some fake case.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Administrative Harassment, Intimidation and Threats
- Rights Concerned
- Right to healthy and safe environment, Right to information
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Government
- Source
Case shared by FORUM-ASIA member HRD Alert India
- Monitoring Status
- Pending
- Date added
- Nov 26, 2023
- Country
- India
- Initial Date
- Oct 23, 2023
- Event Description
Over the past weeks, innumerable protests – some impromptu, many by Muslim organisations and a few by rights organisations – have been organised across many big and small cities in India. These protests, largely peaceful, have raised citizen’s voices against what is seen as Israel’s siege and relentless bombing of Gaza. Indian law enforcement authorities from Mumbai to Uttar Pradesh (UP) to Delhi have however, in many cases taken “action.”
The issue at stake is the denial of permissions to several groups countrywide who have expressed a desire to protest this issue. Starting with the Hamas attack on Israel on October 7, the violence in West Asia has so far claimed the lives of 1,400 Israelis and over 5,100 Palestinians. According to Gaza’s Ministry of Health, about 40% of the Palestinians killed are children. And like in the rest of the world, Indians in several cities have been wanting to protest but have been denied the right. Where they have, in many instances, the protest has been criminalised.
October 23, 2023, Delhi
The Telegraph reported that students from JNU, Jamia Millia Islamia and Delhi University detained as they try to hold protest near Israeli embassy and police had erected barricades to stop them from reaching the embassy at Dr APJ Abdul Kalam Road. The report detailed that scores of students from JNU, Jamia Millia Islamia and Delhi University had gathered to take part in the protest. Police had erected barricades to stop them from reaching the embassy at Dr APJ Abdul Kalam Road. When some of the students tried to march towards the embassy, they were detained as they did not have the required permission to hold the protest, said a police officer, adding that “no one was allowed to violate law and order”. All India Students Association (AISA) Delhi unit president Abhigyan said several students were detained and taken to a police station.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 26, 2023
- Country
- India
- Initial Date
- Oct 9, 2023
- Event Description
First, in response to the Israel-Gaza war, several students of the Aligarh Muslim University took out a rally on October 9. This peaceful rally, organised as an expression of solidarity with Palestinians, saw four students in trouble as the police booked them under Sections 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, language, etc.), 188 (disobedience to order duly promulgated by public servant), and 505(statements inducing public mischief) of the Indian Penal Code (IPC).
The state chief minister, Ajay Bisht aka Yogi Adityanath, soon after the AMU protest, directed the police to take “stern action” against actions or social media posts in support of Palestine. According to a report in the Deccan Herald, senior district police officials have been told to speak to the Muslim clerics and make it clear that “any attempt to incite passion on social media or a similar call from the religious places will not be tolerated”.
A cop, belonging to the Muslim community, posted in Lakhimpur Kheri district in Uttar Pradesh, had merely shared a pro-Palestine post on social media. Within days, he was suspended from duty and an additional superintendent of police rank officer was appointed to carry out an inquiry about the constable and “his political inclination”.
In similar incidents, the police in Kanpur booked two young Muslim clerics, Suhail Ansari and Atif Chowdhary, for posting content in support of Palestine on social media. While Ansari was arrested, the police raided Chowdhary’s residence.
Background
Irrespective of which parties dominate the government is in power and what the political party’s stand has been on the ongoing conflict in West Asia, protestors in many states are facing criminal action for acts of “unlawful assembly” to promote “enmity between two groups”. India’s position on West Asia – reiterated by the Narendra Modi government – on the Israel-Palestine conflict is that it supports a “negotiated solution resulting in a sovereign, independent, viable and united State of Palestine, within secure and recognised borders, at peace beside Israel as endorsed in the relevant UNSC and UNGA Resolutions”.
It is the right to protest peacefully however which is guaranteed but appears in many instances to have been denied.
Ironically even in Congress-ruled Karnataka, the police’s actions were no different than UP, Delhi or Mumbai.
The police from the Cubbon Park jurisdiction in Bengaluru booked 11 persons, including a member of the Bahutva Karnataka (a citizen’s group), and other unnamed people for holding a solidarity gathering in support of Palestine on MG Road. While the police haven’t booked them for “promoting enmity”, the sections applied are largely for gathering without permission and for “public nuisance”.
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 26, 2023
- Country
- India
- Initial Date
- Oct 17, 2023
- Event Description
Several student-led protests have broken out across universities in Uttar Pradesh after University of Allahabad proctor Rakesh Singh launched a violent attack on student Vivek Kumar, who is from a Dalit community, last week.
In a video circulating on social media, the accused, Rakesh Singh, can be seen snatching a lathi from a policeman and hitting the student while he raises slogans against the proctor. Kumar tries to shield himself but Singh continues hitting him and stops only when the policemen intervene.
Former MA student and All India Student Association (AISA) unit president Vivek Kumar believes the October 17 attack stems from a place of discrimination and bias towards marginalised communities. “Unfortunately,” he says, “No action has been taken against the chief proctor, as has been the case with all such incidents in the past.”
“We were leading the protest for a number of reasons and we had some demands which in my opinion were quite reasonable,” he says, “but the chief proctor became absolutely furious and started hitting me. I was shocked, I had not expected that.”
Several students along with Kumar marched up to the local police station and spent eight hours trying to get the police to lodge a first information report (FIR) against Singh, but were unsuccessful. “Former IPS officer Amitabh Thakur sir was also accompanying us but even with his help we couldn’t get the police to lodge an FIR.”
The protest that got the chief proctor riled up was part of an agitation which gained momentum when the university implemented a staggering 400% fee hike last year.
“Three students who were leading the movement against the fee increase – Ajay Yadav Samrat, Satyam Kushwaha, and Jeetendra Dhanraj – were suspended and jailed about three months ago,” Kumar said.
“And two more students Harendra Yadav and Manish Kumar had been suspended for other reasons. Harendra Yadav is now not even being permitted to sit for exams which goes against the basic rights of students. In the history of this institution even if someone has been in jail, they’ve been released on parole to come and sit for exams.”
The demands at the latest protest, Kumar said, were that of the release of the three students from jail, lifting of the suspension of all students, and permission to sit for exams for Harendra Yadav, among other demands.
“But after the attack, one more demand has been added and that is the suspension of the proctor Rakesh Singh,” he said.
Vive Kumar, who is from Baramadpur, said this is not his first encounter with proctor Rakesh Singh.
“When I lived in the hostel, the superintendent was Rakesh Singh. During the first week when the beds were allotted and the list came out, it showed only nine out of 112 were Scheduled Caste and Scheduled Tribe. When I questioned it and said it should be at least 25-26 students according to the reservation, he got very angry and warned me to keep my concerns to myself or he’d remove me from the hostel as well.”
Kumar believes the hostel incident had the proctor harbouring a grudge against him which has added fuel to the fire. “I think he dislikes me for taking a stand on issues.”
He says he’s seen a pattern of discrimination not just towards Dalits but also towards students from Scheduled Tribes, minorities, and women.
“Women are barred from entering the university premises on weekends which is highly inconvenient for them, they just want to study. The authorities cite the issue of security as reason but if that’s so then something should be done about it.”
The access to the library, Kumar says, has also been a big point of protest with students demanding the library be made open and accessible 24 hours a day.
“The library currently closes at 6 pm which means some students don’t have a proper place to study after that time. We have been fighting to get the hours increased but no one’s heard our plea.”
The deteriorating state of infrastructure, unsanitary toilets, and impure drinking water are some other points which have often been raised by concerned students but all requests, Kumar says, have fallen on deaf ears.
“These days it seems that if you raise your voice against even the most basic things, you’ll either be suspended or jailed.
“In the history of this university, there has always been some or the other issue that students have been dissatisfied with and have protested against, and authorities have heard their demands and often tried to resolve issues. But of late, there has been growing intolerance towards protests.”
Students of Lucknow University and Banaras Hindu University have shown solidarity with Vivek Kumar and have come out in huge numbers, demanding the suspension of accused Rakesh Singh.
Lucknow University student and National Students’ Union of India (NSUI) student representative Vishal Singh said several students from AISA, NSUI, and other unions gathered on campus on October 18 to condemn the “disgusting assault” by Rakesh Singh.
“We want to see some action being taken, authorities shouldn’t take the case lightly just because he’s a Dalit,” Vishal Singh said.
The Lucknow student believes while Allahabad University and Lucknow University are two different institutions, the issues faced by the students are quite the same.
“The situation is such that you can’t speak out against anything now. Just to give an example, the residents of the girls’ hostel were told that if they posted anything on social media that shows the university in a bad light then they will have to pay a fine and will be asked to vacate the hostel,” Singh says.
He says students are always being issued show-cause notices for various reasons. “We don’t even have the freedom of expression anymore.”
Vishal Singh joined Vivek Kumar and other students in their protest in Allahabad on Thursday last week and plans to stay in the city to be a part of the movement.
The Wire contacted vice-chancellor Sangita Srivastava’s office and registrar N.K. Shukla and is still waiting for a response.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Student
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Nov 26, 2023
- Country
- India
- Initial Date
- Oct 13, 2023
- Event Description
Students in Hyderabad, Telangana, were detained by the police for demonstrating in support of Palestinians on Friday, who are at war with Israel following unprecedented surprise attacks last Saturday which killed over 1300 Israelis.
The march was carried out by students belonging to two student organisations, namely, the Naujawan Bharat Sabha and the Disha Students’ Organisation (DSO), near the historic Dr BR Ambedkar Statue near the Lakdikapul area of the city. The students were detained and taken to the police station in Saifabad.
Hina Mercin, one of the protestors hailing from DSO, told The New Indian that it had only been five minutes since they had started protesting that they were “manhandled” and detained by the police. “We had just started sloganeering when the police arrived and detained us. They said that since elections are just around the corner, we had to inform them of the protest according to the Election Code,” Mercin said.
However, the protesting student also added that they had conducted such spontaneous protests before as well but it was the first time that they were being detained sans instigation. She said, “We have conducted protests before as well but this time they were scared of this protest. They told us that it was because of the Electoral Code procedures that we were being detained, but we suspect that there have been instructions from other authorities.”
Authorities have said that the students have now been released from police custody. “They were detained because there had been no permission granted to the demonstrators. Now, the demonstrators have been released. They had been released at 5 PM today.”
About Israel-Palestine War:
On October 7, Hamas led a large-scale offensive against Israel from the Gaza Strip. In response, Israel bombed the Gaza Strip with airstrikes.
As of October 13, over 1,300 Israeli soldiers have lost their lives, and another 3,200 have sustained injuries. The Israeli government has issued evacuation orders for 1.1 million people in Gaza.
Numerous casualties have been reported on both sides of the conflict. To date, Israel has deployed 6,000 bombs on Gaza. Additionally, Israel is fortifying its defences in proximity to the Gaza border.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 26, 2023
- Country
- India
- Initial Date
- Oct 15, 2023
- Event Description
Despite the intense police repression, the people of Kashipur have stood up against the Odisha Government coercively facilitating this project for Vedanta. We bring to you the developments of the last 24 hours from the night before the Public Hearing to the end of it. It was held today at Sunger High School premises in Kashipur Block of Rayagada district, Odisha.
Ø On the 15th night, armed police and paramilitary personnel began positioning themselves at the main roads leading to villages known to oppose the mining project. Roads were monitored by company-sponsored goons and a few local village youths. They seemed to have a list of names of media persons and political agents whom they should allow into the villages and used slang and rough language to intimidate and send back anyone outside the ‘list’. Even then, some youths seemingly with the company goons, helped activists and media persons enter the area.
Ø In the morning, women from Banteji village were beaten up by police on the way to the public hearing. They protested. Friends and supporters of the movement tweeted to the Chief Minister to stop the violence.
Ø People walked in with slogans, banners and placards. Strategically, they occupied the space in front of the podium and did not allow a single pro-company deposition to happen. More than 20 community members, including women, spoke loud and clear about their opposition to the proposed bauxite mining and cited reasons for this opposition.
Ø Addressing members of the Odisha State Pollution Control Board (OSPCB), district administration, police administration and Vedanta officials, people raised their voices against the ongoing police repression and the criminal role played by company-sponsored goons and agents. They narrated incidents of abuse, beating, forced entry into their houses, theft of cash, and harassment of women and girls both in their houses and in public at the local markets. They asserted that the repression was being carried out by company-sponsored goons at the forefront with the tacit support of the local police and paramilitary personnel. Leaders and community members demanded answers from the government about this state-corporate-police nexus but those organising the public hearing had no answers!
Ø As ordered by the High Court, two activists – Dibakar Sahu and Jitender Majhi -were escorted by police from the Raygada jail. They deposed at the public hearing against the proposed project.
Ø About the draft Environmental Impact Assessment (EIA) report submitted by Vedanta, the chief concern expressed was that the report has deliberately hidden several facts about the ecological diversity and ecosystem of Sijimali. Villagers pointed out that Vedanta’s report does not mention the sacred abode of the supreme deity of the Kandha and Damba communities, Tiji Raja, and the annual rituals and festivals the local people perform at Sijimali hilltop in December every year. They also pointed out that the report has no mention of the 200-odd perennial streams that emerge from Sijimali or the dense forests on the hilltop that have diverse tree species like sal, tamarind, piya sal, aamla, harida, bahada and that the collection of siali leaves and honey is the major source of local peoples’ NTFP income. They pointed out that there is no mention of several sacred caves on Sijimali which are worshipped as abodes of animals whom the local people worship and hold rituals inside the caves to invoke the animal spirits every year. Some of the most important caves are Parapar and Baghpar. All those who deposed clearly mentioned that the EIA report does not mention about the local peoples’ cultural heritage and generations-old relationship with nature and the traditional community forest governance principles that they all practice to conserve the forests, lands, and mountains in Sijimali. The statements were loud and clear about the unconditional ban on mining at Sijimali and that Vedanta should go back.
Ø Keeping in line with the proactive media misinformation that has been happening since early August, some local media TV channels and reporters began to spread misinformation about the procedures and testimonies at the public hearing. They reported that the public hearing was cancelled due to law-and-order problems. Many even tried to create a narrative that several villagers demanded that Vedanta must open a local refinery if it wants to start bauxite mining in Sijimali.
Ø The ADM, Rayagada and ASP, Rayagada addressed the media that the public hearing was completed peacefully and with discipline; the ADM added that the process was successfully carried out and the report on the proceedings of the public hearing will be submitted to OSPCB soon. This has become the modus operandi. Stating that it ended peacefully despite the vibrant protest is but a claim that their ritual is over.
Ø However, today’s protest seems to have already set the tone for the next hearing. The Sijimali Bauxite Mining Project spreads over both Thuamul Rampur block in Kalahandi District and Kashipur block in Rayagada District. The public hearing for Thuamul Rampur block is scheduled at Kerpai High School premises on October 18th
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, Environmental rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 24, 2023
- Country
- India
- Initial Date
- Oct 12, 2023
- Event Description
On October 12, journalists and media workers were prevented from covering an attack on a village in Manipur’s Sabunkhok Khunou village by members of a combined Jat and Gorkha armed contingent, with the soldiers deleting footage from the journalists’ electronic devices. The reporters present were from several media outlets, including ISTV, Impact TV, Tom TV, and ISCom. Nearby, journalists and media workers with Tom TV and Impact TV were similarly prevented from filming the attack in a separate incident on the same day.
Several media bodies condemned the actions of the security personnel, identifying the incident as an infringement of press freedom. In a joint statement, the All Manipur Working Journalists Union (AMWJU), an affiliate of the IJU, and the Editors’ Guild Manipur (EGM) strongly condemned the actions of the soldiers, announcing their intentions to submit a petition to authorities and calling for a thorough investigation into all crimes against journalists committed since the outbreak of violence.
On September 26, soldiers with the Assam Rifles reportedly harassed and briefly detained journalist Tennoson Pheiray between 8 and 8.30 am. The journalist was stopped while travelling to Imphal, before being briefly taken into army custody. He was allowed to continue his journey after a discussion with an officer.
Manipur has been engulfed in violence since May 3, with the conflict and resulting security presence responsible for an increase in harassment, assault, and brief detentions to journalists and media workers. Threats to freedom of expression have increased during this period, with authorities filing cases against members of the Editors Guild of India following the publication of a report. On October 5, Manipuri authorities banned the distribution of ‘violent activities’ online.
The IJU said: "The Indian Journalists Union (IJU) condemns the action of combined troops of 29 Jat regiment and 5/4 GR which prevented media persons from covering news on October 12, 2023, at Sabungkhok Khunouarea where a group of hostile people was attacking the village. The IJU appeals to the security forces and the police not only to prevent but also to help media persons to the possible extent in covering news, as people have the right to know what is happening in their area or elsewhere in the country.”
The IFJ said:“Conflict is not an excuse for law enforcement or security personnel to intimidate, harass, or obstruct media professionals. The IFJ condemns the obstruction of several journalists covering conflict in Manipur and urges authorities to uphold press freedom and ensure the independence and safety of media personnel in the state.” the state.”
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Pending
- Date added
- Nov 24, 2023
- Country
- India
- Initial Date
- Oct 11, 2023
- Event Description
Award-winning Indian author Arundhati Roy is facing prosecution after giving a speech 13 years ago, disputing the idea that Kashmir is an integral part of India.
The initial complaint was filed by a Kashmir activist following Roy's speech in 2010, in which she and three others spoke at a conference and criticized India's policy toward Kashmir.
Under Indian law, crimes of hate speech, sedition, and promoting enmity need approval from Indian officials to be prosecuted. That approval was given Wednesday, according to local media — more than a decade after the initial report was filed.
Delhi police now have permission to prosecute Roy and Central University of Kashmir professor Sheikh Showkat Hussain, under crimes of promoting enmity and making assertions prejudicial to national integration and causing public mischief, a move approved by federally-appointed lieutenant-governor, Vinai Kumar Saxena.
The other speakers named in the 2010 complaint, one a professor and the other a Kashmiri separatist leader, have since died.
Reasoning for why Saxena approved prosecution 13 years after the complaint was filed was not given in the report.
Roy, 61, a political activist as well as the 1997 Booker prize winner for fiction, has not provided a reaction to the recent developments.
The decision has faced disapproval from those opposing the current administration led by Prime Minister Narendra Modi, who came to power in 2014, and has since drawn criticism for its record on free speech.
Prosecuting the 2010 complaint has furthered some concerns over the current government's free speech stances, despite the complaint being registered before Modi's administration came to power.
"It is obvious that the LG [and his masters] have no place in their regime for tolerance or forbearance; or for that matter the essentials of democracy," P. Chidambaram, a senior leader of the main opposition Congress party who was India's home (interior) minister in 2010, posted on X. LG refers to Delhi Lieutenant Governor VK Saxena.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Offline
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Nov 24, 2023
- Country
- India
- Initial Date
- Oct 3, 2023
- Event Description
Police in New Delhi have arrested the editor of a news website and one of its administrators after raiding the homes of journalists working for the site, which has been critical of Prime Minister Narendra Modi and his Hindu nationalist-led government.
NewsClick founder and editor Prabir Purkayastha and human resources chief Amit Chakravarty were arrested late Tuesday. Earlier, some journalists associated with the site were detained and had their digital devices seized during extensive raids that were part of an investigation into whether the news outlet had received funds from China. NewsClick denied any financial misconduct.
Suman Nalwa, a police spokesperson, said the arrests were made under an anti-terrorism law.
The government has used the wide-ranging law to stifle dissent and to jail activists, journalists and Modi's critics, some of whom have spent years in jail before going to trial.
Nalwa said at least 46 people were questioned during the raids and their devices, including laptops and cellphones, and documents were taken away for examination.
They included current and former employees, freelance contributors and cartoonists.
Website accused of 'anti-India agenda'
NewsClick was founded in 2009 and is seen as a rare Indian news outlet willing to criticize Modi. It was also raided by Indian financial enforcement officials in 2021, after which a court blocked the authorities from taking any "coercive measures" against the website.
Indian authorities brought a case against the site and its journalists on August 17, weeks after a report in The New York Times alleged it had received funds from an American millionaire who had funded the spread of "Chinese propaganda."
That same month, India's junior minister for information and broadcasting, Anurag Thakur, accused NewsClick of spreading an "anti-India agenda," citing The New York Times report, and of working with the opposition Indian National Congress party. Both NewsClick and the Congress party denied the accusations.
Hundreds protest raids
On Wednesday, hundreds of journalists and activists in New Delhi held protests against the raids on NewsClick and the broader crackdown on independent media under Modi. Some carried placards with slogans such as, "Stop attacks on media. Stop threatening media."
"Anybody who speaks against the regime is deemed to be anti-national," said Manini Chatterjee, a journalist who was part of one protest. "This has been a long-term strategy, and these events are the latest in this."
Media watchdogs such as the Committee to Protect Journalists denounced the arrests and raids.
"This is the latest attack on press freedom in India," Beh Lih Yi, CPJ's Asia program coordinator, said in a statement. "We urge the Indian government to immediately cease these actions, as journalists must be allowed to work without fear of intimidation or reprisal."
The Editors Guild of India said it was worried the raids were intended to "create a general atmosphere of intimidation under the shadow of draconian laws."
In February, authorities searched the BBC's New Delhi and Mumbai offices over accusations of tax evasion a few days after it broadcast a documentary in Britain that examined Modi's role in anti-Muslim riots in 2002.
A number of other news organizations also have been investigated for financial impropriety. Independent media in India battle censorship and harassment and often face arrests while doing their work.
'Nothing to fear,' says journalist
India's anti-terrorism law has stringent requirements for bail, which mean individuals often spend months, sometimes years, in custody without being found guilty. Successive Indian governments have invoked the law, but it has been used with increasing frequency in recent years.
Reporters Without Borders, an advocacy group for journalists, ranked India 161st in its press freedom rankings this year, writing that the situation has deteriorated from "problematic" to "very bad."
Some independent Indian think tanks and international groups such as Amnesty International and Oxfam India also have been raided and had their access to funding blocked in recent years.
Journalist Abhisar Sharma, whose house was raided and electronic devices seized Tuesday, said he won't back down from doing his job.
"Nothing to fear," Sharma wrote on X, formerly known as Twitter. "And I will keep questioning people in power and particularly those who are afraid of simple questions."
The raids against NewsClick also drew criticism from India's political opposition.
"These are not the actions of a 'mother of democracy' but of an insecure and autocratic state," opposition lawmaker Shashi Tharoor wrote on X. "The government has disgraced itself and our democracy today."
- Impact of Event
- 3
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid
- Rights Concerned
- Freedom of association, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 31, 2023
- Country
- India
- Initial Date
- Sep 15, 2023
- Event Description
Majid Hyderi’s detention has brought the number of journalists currently held in Indian-administered Jammu and Kashmir to six.
After his arrest by local police in the city of Srinagar on 15 September on the basis of a “First Information Report” citing violations of sections 120-B, 177, 386 and 500 of the Indian Penal Code, Hyderi was released on bail the next day but was immediately rearrested under the controversial PSA, which is supposed to address direct threats to the security of the state.
The former editor of the Srinagar-based regional daily Greater Kashmir, a contributor to DailyO, an Indian news site aimed at young people, and a frequent political commentator on TV news channels, Hyderi is known for his moderate political views and for criticising attacks against the security forces in Jammu and Kashmir, both the local police and the army. But he has also been very critical of corruption within the Kashmiri bureaucracy and New Delhi’s failure to address this problem.
Overcrowded prison
His arrest on 15 September on clearly trumped-up charges of “criminal conspiracy, intimidation, extortion, giving false information [and] defamation” – charges on which he could be jailed for up to 14 years – showed that the authorities want to silence even slightly critical journalists.
The case took an even more preposterous turn when, on being released on bail on 16 September, he was immediately re-arrested under the Public Safety Act, a 1978 law limited to Jammu and Kashmir region that is highly controversial because it allows the authorities to detain anyone “preventively” – without a trial or warrant – for up to two years. He is currently held in Kot Bhalwal, an overcrowded prison in Jammu, a Hindu-majority city 300 km south of Srinagar.
Death of independent journalism in Kashmir
Jammu and Kashmir has become a cemetery for independent journalism, especially since 2019, when India rescinded the partial autonomy it enjoyed under article 370 of the constitution and stripped it of its status as a state, turning it into a “Union Territory.” Since then, many critics or potential critics of the policies of Prime Minister Narendra Modi’s Hindu nationalist government have been detained under "prevention laws" that are being misused to suppress independent journalism.
The latest victims include The Kashmir Walla, an independent news site that was blocked by the Ministry of Electronics and Information Technology on 19 August. Several of its journalists have been subjected to judicial harassment for years under the PSA and other laws. They include its former editor, Fahad Shah, who was held from March 2022 to April 2023 under the PSA for "glorifying terrorism." The Jammu and Kashmir high court quashed his detention order on the grounds that the reasons given were "vague and unfounded” but he continues to be held under a different law, the Unlawful Activities Prevention Act (UAPA).
The UAPA was used in March to arrest Irfan Mehraj, the editor of Wande Magazine, an online publication specialising in long-form journalism, and a freelancer for many national and international media. He is being held on a total of nine charges that include “sedition” and “funding terror activities.”
According to RSF’s Press Freedom Barometer, nine journalists are currently detained arbitrarily in India. Three are based in other parts of the country. They are India Writers news site editor Nilesh Sharma, NewsClick news site columnist Gautam Navlakha, and freelancer Rupesh Kumar Singh. All of the other six are Kashmiris. As well as Shah, Mehraj and now Hyderi, they are Rupesh Kumar Singh, who is accused of “harbouring terrorists,” and two other Kashmir Walla journalists – Abdul Aala Fazili and Sajad Gul.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 22, 2023
- Country
- India
- Initial Date
- Sep 1, 2023
- Event Description
Decades ago, a few people started settling on a swathe of land near an ecologically sensitive wetland engaged in agriculture and fishing. Over time, the population grew and a law was enacted to prevent any further destruction of the eco-sensitive wetland. As time passed, a new government in the name of ecological restoration suddenly started evicting the people, including those residing there before the law’s enactment. These people have become homeless and landless and stare at a dark future.
This is not a fiction novel but the reality of thousands of people in the Silsako Beel (lake) area, in Assam’s capital Guwahati. The latest massive eviction drive, from September 1 to 2, with the police’s and the CRPF’s help was firmly protested by the residents.
On September 1, the protest turned ugly when two women protesters “manhandled” by the police started removing their clothes.
“They were manhandled by the police. They tried to protect their land and home half-naked,” one of the protestors requesting anonymity told Newsclick.
Moments later, the two women and seven other protesters, including Krishak Mukti Sangram Samit secretary Bidyut Saikia and member Akash Doley, two other women and three other men, were arrested for rioting or obstructing a public servant in the discharge of duties. They were granted bail at the Chief Judicial Magistrate court in Guwahati the next day.
Besides, 34 other protesters, including women, were detained and released at midnight.
“Five male cops dragged me to the police van. My shoulders still hurt. There were no female cops. Other women protestors were treated similarly,” Sharifa Begum told Newsclick narrating her experience.
“We were ferried to the 4th Assam Police Battalion in Kahilpara, which is very far, and kept in an isolated room with a poor mobile network. We were cut off from the world. During the afternoon, we were asked if we were hungry. We refused to eat,” she added.
“The police dropped us near Borbari at midnight. We walked a long distance to reach our broken houses.”
TRAGIC TALES Rubi Basumatary, whose husband died two years ago, and her two daughters have stayed in Silsako since 2005. “We had bought the plot in 2002.”
“No, we didn’t receive an eviction notice,” a weeping Basumatary told Newsclick amid the ruins of her demolished house, her shelter for more than a decade.
“Yesterday (September 1) they arrived to tell us that only our gate and a small room will be demolished. However, bulldozers razed our entire house today,” she alleged.
Silsako’s residents are insecure and scared with drones checking whether any structure remains.
Kalpana Terang and Ritubh Hazarika had similar stories to narrate. They still can’t understand how people settled there even before the Guwahati Water Bodies (Preservation and Conservation) Act was enacted in 2008 could be evicted.
“We are not illegal immigrants but indigenous. We voted for the BJP and never imagined even in our wildest dreams that they could do this to us. We committed a sin by trusting [chief minister] Himanta [Biswa Sarma] when he announced in his election campaign that everyone would be allotted pattas,” one of the residents requesting anonymity said.
A policeman guarding the bulldozers requesting anonymity said, “What the government is doing is a crime. We are helplessly performing our duty; we have no option. People should not be tortured like this.”
A female cop who resides in Silsako lost her house and livestock as well.
“We have been here for the past 30 years. We saw paddy cultivation here. Can anyone grow rice in a wetland?”
ask Wahida Begum and Shaira Begum.
“We received electricity bills mentioning the house numbers allotted by the Guwahati Municipal Corporation. How can they say we are illegal?”
Wahida and Shaira told Newsclick that the population grew there after 2008. “During Prafulla Mahanta’s time, a wall was erected and we were told that a new MLA hostel would be developed here. But the wall is far away from our house and so is the beel (the wetland).”
The eviction was a nightmare for Jasula Brahma, his wife and their school-going son. A contractual driver with the health department, he has stayed there for 15 years. “No notice was served before the demolition drive. I too have electricity bills mentioning my address and the GMC house plate and holding numbers.”
Moved by the tragedy, Jamuna Bala Dutta (92), who stays far from the area, came to meet the evicted residents. “I could not stop myself from visiting these troubled people. Do governments ever do any good work? These people are being tortured,” she told Newsclick.
GOVERNMENT’S CLAIMS, RESIDENTS’ FEARS Newsclick had earlier reported that the government claimed that removing the residents is necessary for ecological restoration and to address Guwahati’s artificial flood issues under the ‘Mission Flood Free Guwahati’.
However, the residents fear that the cleared land might be handed over to big corporate lobbies in the name of developing infrastructure. They also questioned why Ginger Hotel, Himatsingka building, Badruddin Ajmal’s building and Assam minister Jayanta Malla Baruah’s house, allegedly obstructing the wetland, remain intact.
Akhil Gogoi, president of Raijor Dal and MLA from Sibasagar, alleged that the state government is “evicting indigenous people but safeguarding Badruddin Ajmal, Himatsingka and the Ginger Hotel”.
Assam Jatiya Parishad president Lurinjyoti Gogoi aid in a statement: “While people of Assam are evicted from their houses, Baba Ramdev is given lakhs of bighas. This shows how the BJP is anti-indigenous and anti-people.”
He also alleged that Sarma and his family own huge swathes of land. “Himanta Biswa Sarma and his family cannot realise the agony of the evictees as they possess huge swathes of lands,” he was quoted in a media statement.
In the previous Newsclick report, Supreme Court lawyer Upamanyu Hazarika raised some critical questions regarding the eviction drive and the lack of clear demarcation for the boundary of the protected wetland.
Naina Begum, an evictee and a vocal youth against the eviction, told Newsclick, “A few days back, revenue minister Jogen Mahan said at a meeting that no project has been planned in the area.”
She alleged that the land will be “probably handed over to some big building lobbies who will construct housing complexes here”.
Most residents believe that the drive is motivated towards handing over the huge swath of land to big corporate lobbies.
- Impact of Event
- 9
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to housing, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 22, 2023
- Country
- India
- Initial Date
- Sep 5, 2023
- Event Description
Conducted against the offices of Bhagat Singh Students Morcha (BSM) in the Benaras Hindu University and the homes of Peoples Union for Civil Liberties (PUCL) activists, the statement said, the raids “come in light of the recent attempts at suppression of the Bihar-based Kaimur Mukti Morcha’s leadership which has been at the forefront of the Adivasi struggle in Kaimur plateau against the blatant land-grabbing for creating a tiger reserve in the area.”
Since the morning of 5th September 2023, the National Investigation Agency (NIA) has been raiding the offices of Bhagat Singh Students Morcha (BSM) in Benaras Hindu University. Simultaneously, NIA has raided the homes of Peoples Union for Civil Liberties (PUCL) State President Seema Azad, her partner and advocate Vishwavijay, advocate Soni Azad and organiser of a workers’ organisation Ritesh Vidyarthi along with political activist Manish Azad in Allahabad.
Along with these raids, NIA has taken Seema Azad, Vishwavijay, Soni Azad and Ritesh Vidyarthi with them to an unknown location in an unlawful manner that reeks of undemocratic political repression. Information regarding their whereabouts is unavailable.
At the same time, at BHU, when two students from BSM attempted to talk to the investigation team regarding the raid being conducted at their offices, the officers slapped one of the students, screaming at the students for “daring to question” the raid in any manner. Two of the students, Akanksha Azad, the President and Siddhi, the Joint Secretary of BSM are forcefully made to sit in the room and interrogated while their phone have been confiscated by the NIA officers.
These raids happening now in Allahabad are part of a larger on-going campaign of political repression being undertaken in Uttar Pradesh, with the house of activist Rajesh being also raided in Deoria district. Rajesh is an activist of the Khiriya Bagh-Azamgarh farmers’ movement and a member of the Samyukt Kisan Morcha.
Similar raids have also taken place in Chandauli district. The raids come in light of the recent attempts at suppression of the Bihar-based Kaimur Mukti Morcha’s leadership which has been at the forefront of the Adivasi struggle in Kaimur plateau against the blatant land-grabbing of their lands for the sake of creating a tiger reserve in the area. In the past, police have opened fire on peaceful protests of the KMM and repeatedly abducted their activists.
Political activists, lawyers, intellectuals, and students who extend their support to movements against the corporate plunder of resources backed by the Indian state and its loot of the lands of farmers and Adivasis are continuously being branded as Maoists in a bid to silence all dissenting voices that expose the Indian state’s anti-people policies.
Abductions, violence, seizure of property and police brutality have become common practices by the state forces against all such dissent. In a time when the brutalities and undemocratic practices of the Indian state have become so open, all democratic-minded, justice-seeking, peace-loving people must come together in organized resistance towards such suppression.
Campaign Against State Repression (CASR) strongly condemns the undemocratic raids on its constituent organisation, Bhagat Singh Student Morcha (BSM) and Democratic- pro-people activists and subsequent detention of 4 activists by NIA.
We demand that these raids be stopped and detained activists be release immediately and unconditionally. CASR calls upon all the democratic progressive forces and individuals to join hands and resist this Brahmanical Hindutva fascist onslaught.
- Impact of Event
- 1
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Raid, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Lawyer, Pro-democracy defender, Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 6, 2023
- Country
- India
- Initial Date
- Aug 8, 2023
- Event Description
The family of a journalist has alleged that he was assaulted and urinated on by the SHO of a police station after being arrested and framed in a robbery case in Madhya Pradesh’s Chhatarpur.
Mintu Dubey is a freelance journalist who has worked for organisations such as New Sadhna News and Ind24. He was arrested hours after an FIR was filed on August 8, based on a complaint about an alleged robbery which took place past midnight on the same date.
But the complainant in the robbery case does not recognise his attackers. The police have not conducted any identification parade. And the FIR does not name the journalist.
Dubey’s sister Sunita Tiwari, who visited him after his arrest on August 10, said the journalist told her that he had only been targeted for an old report accusing the Civil Lines police station staff of extortion. She said Dubey had been “threatened” by the SHO earlier as well.
Tiwari submitted a complaint of misconduct to Chhatarpur SP Amit Sanghi on August 19.
While the Chhatarpur SP said the complaint will be looked into, Civil Lines police SHO Kamlesh Sahu has termed all the allegations “baseless” and claimed that Dubey is a “drunk” and “not even an authorised journalist”.
Newslaundry has seen the FIR, the complaint, and Dubey’s report. Published in local daily Shubh News in April, the report alleged that Civil Lines police had blackmailed a trader and a complaint had been submitted to senior police officers.
The trader, Jibrael Rayeen, told Newslaundry that two police personnel were suspended after his complaint to officers and that the SHO “behaved as if he was not aware of anything”.
Meanwhile, according to Tiwari’s complaint, Dubey was having dinner at a dhaba on Jhansi Khajuraho highway when he was arrested by the police.
“They took him to Civil Lines where station house officer Kamlesh Sahu booked him in a looting incident. Sahu then beat him up inside a room,” she alleged. “He was slapped on his face with shoes and they then peed on his head. My brother was very scared when he told me about this harassment. He’s scared of the police and concerned that it would bring him public humiliation.”
The robbery case
The complaint was filed by one Ramesh Chand Gupta, who runs a shop. As per the complaint, two men on motorcycles had allegedly robbed Gupta of Rs 3,100 while he was cycling home after midnight, assaulted him and then snatched his bag. Two others in a truck witnessed what had happened and tried to apprehend the attackers but were unable to.
Newslaundry contacted Gupta to ask him what happened. He asked us to speak to his wife since he has a hearing problem. His wife Rekha said her husband did not recognise his attackers.
“We don’t know who those people were. The police arrested two persons but they have not called us yet to identify them,” she said. “My husband is partially impaired so he did not hear half the things the police told him while filing the FIR.”
The second person arrested is named Deependra Yadav.
Newslaundry asked Sahu about Dubey’s allegations. He said, “These are baseless things. We arrested him because he looted the person. He is a drunk. He is not even an authorised journalist.” He said an identification parade in the looting case will be “done soon”.
Chhatarpur superintendent of police Amit Sanghi said he has “issued an inquiry” into Dubey’s case. “Once the inquiry gets completed, we will take action accordingly. Until then, we cannot comment on anything more,” he said.
Not an isolated incident?
But there are other allegations against Sahu too.
In another case, on August 10, a woman called Ranjana Raikwar filed a complaint with the police superintendent’s office, alleging Sahu had harassed her in Civil Lines police station on August 8. Newslaundry has a copy of Raikwar’s complaint.
Raikwar told Newslaundry she had been out with three friends – two men and a woman – celebrating a birthday near the highway. She said two police personnel took them to the Civil Lines police station after forcing them into a private vehicle around 10.30 pm. She said she and her friends were kept at the police station “through the night”.
“There were no women police officials,” she said. “They passed crass comments that we two women are prostitutes. In the morning, SHO Sahu assaulted my friend. They filed a case but we got bail that evening. I went to the SP’s office to submit a complaint but it wasn’t accepted. So I sent it by post.”
She claimed the “case” in question was of “two women fighting on the road”. “I am not involved in illegal activities. I am a divorcee, live with my three children, and I run a small beauty parlour. But these kinds of professions are looked down upon in small towns. In fact, the police violated all the rules and forcefully kept two women in the police station through the night. But no one questions them.”
Newslaundry asked Sahu and Chhatarpur SP Sanghi about Raikwar’s allegations. Sahu said, “I will talk about it later.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Violence (physical)
- Rights Concerned
- Freedom of expression Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 6, 2023
- Country
- India
- Initial Date
- Oct 5, 2023
- Event Description
The home of human rights activist Babloo Loitongbam’s in Manipur’s Imphal was on Thursday attacked by unidentified people, a senior police official told Scroll.
“He is claiming here that no church is standing in Imphal valley, all burned,” the official said. “This claim made the public angry.”
Loitongbam had made the statement in an interview he gave to NewsClick in May. He had also spoken about the state of violence in Manipur, especially on the role of radical organisations.
The internationally acclaimed activist has been critical of the Meitei Leepun and the Aarambai Tenggol, radical Meitei organisations accused of fanning violence against Kukis.
Since the ethnic conflict broke out on May 3, Loitongbam has been demanding that Chief Minister N Biren Singh, a Metei, resign from his post.
In the interview, the activist alleged that the Meitei Leepun and the Aarambai Tenggol have “injected” militancy into the minds of people.
“They have articulation like the Rashtriya Swayamsevak Sangh,” Loitongbam said. “Not a single church stands in the valley now. All churches are being destroyed.”
The activist’s home was attacked on the same day when the Meitei Leepun said it will boycott Loitongbam and former Additional Superintendent of Police Thounaojam Brinda till the ethnic strife ends over making public statements, reported the Ukhrul Times.
Brinda had said the Meitei Leepun and the Aarambai Tenggol were responsible for an arson incident, reported India Today. On Wednesday, the two groups stormed her home and demanded a clarification. She then said she was misinformed by a social media video.
On Thursday, the Meitei Leepun also warned that it will not take responsibility for any unwanted incidents if Brinda and Loitongbam violate the boycott.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Raid
- Rights Concerned
- Freedom of expression Online, Right to healthy and safe environment
- HRD
- Lawyer, NGO staff
- Perpetrator-Non-State
- Suspected non-state
- Source
- Monitoring Status
- Pending
- Related Events
- India: lawyer and NGO worker faces repeated harassment
- Date added
- Oct 6, 2023
- Country
- India
- Initial Date
- Oct 2, 2023
- Event Description
Officials of the National Investigating Agency (NIA) arrived in groups of four and five in 62 locations across Telangana and Andhra Pradesh on October 2, in coordinated raids at the homes of human rights activists and researchers.
The raid teams – comprising of NIA officers from Delhi and the local police – arrived between 5.30 am and 6 am on the day, and stayed at the locations till afternoon.
One such raid was carried out at the house of a senior lawyer and rights activist Durba Suresh Kumar. Suresh, also a member of the Indian Association of People’s Lawyer, told The Wire that he was woken up by the NIA sleuths.
“I was woken up by the officers. They had flown down, along with panch witnesses. But the local police were not informed,” Suresh said. The local police, Suresh says, joined much later. From Suresh’s house, the NIA seized his phone and a 12-page pamphlet of the People’s War Group, dating back to 1993.
Suresh says for the longest period, he was not aware of the nature of the raid and the exact case in connection with which it was being conducted. The NIA later informed him that the ongoing raids were a part of the “Munchingiputtu CPI (Maoist) conspiracy case” – in connection with which similar raids were carried out at the residences of many rights activists and academics in 2021.
Suresh was served a notice under section 160 of the CrPC, asking him to be present before the NIA as a witness. This, Suresh points out, is both “unlawful” and “unethical”.
“I am a counsel for many persons named in the case. I represent them in the high court and now the NIA wants me to appear before them as a witness in the same case,” Suresh told The Wire over a phone call.
This is not the first time that a lawyer has been named an accused or asked to be a witness in the same case they have appeared as counsel in, before a court. Surendra Gadling, a Nagpur-based lawyer and an accused in the Elgar Parishad case, was also made an accused in one of the cases in which he had defended an accused in the conflict-affected Vidarbha region in Maharashtra.
HRF functionaries targeted
Of the 62 locations raided, 53 are in Andhra Pradesh and nine are in Telangana. Along with the raids on October 2, the NIA also arrested one Chandra Narasimhulu, allegedly a state executive committee member of the Pragathiseela Karmika Samakya (PKS), an alleged front organisation of the banned CPI (Maoist). Narasimhulu was arrested from Satya Sai district in Andhra Pradesh. Along with his arrest, the NIA has claimed to have found a pistol, 14 rounds of ammunition, and Rs 13 lakhs in a case from another spot in Kadapa district. Maoist literature and pamphlets were also seized, the NIA has claimed.
Most of those raided were unsure if they are being looked at as suspects or witnesses in the case. The house of K. Sudha, a state executive committee member of Human Rights Forum, was also raided. Sudha, who reaches at a state law university, said the NIA has taken her phone away.
As raids took place at Sudha’s house, V.S. Krishna, the convener of the HRF’s Andhra Pradesh and Telangana units reached Sudha’s residence. Krishna’s house was raided in 2021 in the same case. Krishna told The Wire that he got calls from two other HRF members, who said that the NIA broke into their houses because they were not home when officials arrived. “I tried contacting other members. When Sudha did not pick up the call, I knew the NIA had reached her place too,” Krishna said.
The two other person’s whose houses were raided when they were away are HRF’s AP state general secretary Y. Rajesh in Amalapuram and the organisation’s state vice-president K.V. Jagannadha Rao in Srikakulam. Rajesh, who was on his way back from Bengaluru, when The Wire called him late on October 2, said that the NIA contacted him a little before 6 am. “They came with a notice under Section 165 (2) of the CrPc, which authorised them to search the premise. Some of my neighbours went to my place and the NIA conducted the raid,” Rajesh said, adding that the NIA has not made any seizures from his house.
Books, vernacular literature
However, from another HRF functionary’s place, the NIA has picked up over 60 books. Sudha, who shared information about the raid, said, “They basically picked up every book and document that had red font on it.” Krishna said the officers did not know to read Telugu. “Most books and our write-ups are in the local language. They mindlessly picked things up and later call it incriminating,” he added.
Besides HRF and IAPL, houses of the members of the Civil Liberties Committee (CLC), the Committee for the Release of Political Prisoners (CRPP), and the Revolutionary Writers Association (RWA), were also raided among others. The NIA has accused veteran rights activists and organisations of acting as “fronts” to the CPI (Maoist) organisation, banned in 2009. This claim has been vehemently opposed by rights organisations. HRF has called the NIA’s claim “a plain canard”. “Seeking to criminalise our human rights activity will never succeed. HRF is not an appendage of the Maoists or any other political party. HRF was formed on October 11, 1998 and we have turned 25 this month. We shall persist in spreading a human rights culture in society with the certitude that a broad-based and truly independent human rights movement is desirable and possible,” HRF said, in a press statement released earlier today, October 3.
The locations in Andhra Pradesh subjected to raids are in Guntur, Palanadu, Vijayawada, Rajhmundry, Prakasam, Bapatla, Eluru, East Godawari, Dr B.R. Ambedkar Konasema, Visakhapatnam, Vizianagaram, Nellore, Tirupati, Kadapa, Anantpur, and Kurnool districts. The NIA said that the nine locations in Telangana include districts of Hyderabad, Mahabubnagar, Hanumakonda, Ranga Reddy, and Adilabad.
The investigation, first registered and handled by the local state police in 2020, was taken up by the NIA in 2021. Popularly known as the ‘Munchingiputtu case’, it deals with alleged Maoist movement and literature in a village of the Alluri Sitharama Raju district. The NIA has filed a chargesheet against seven persons in that case.
One of the immediate causes for worry expressed by those raided is around the seizure of electronic devices. Most of them are lawyers and researchers and very heavily reliant on their electronic devices for their work. “Seizure of electronic devices including mobiles without even providing cloned copies to the owners amounts to immediate lack of access to precious work-related material and contacts. It leads to an overwhelming loss,” the HRF statement reads.
“To confiscate these devices in such a sudden manner results in a stunning dispossession. It is not only a deprival of valuable property of the functionaries concerned but also of their right to livelihood, privacy and human dignity.”
- Impact of Event
- 8
- Gender of HRD
- Man, Woman
- Violation
- Raid
- Rights Concerned
- Right to healthy and safe environment
- HRD
- Lawyer, NGO staff, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 5, 2023
- Country
- India
- Initial Date
- Aug 23, 2023
- Event Description
About the Human Rights Defenders: Maliparbat Suraksha Samithi (MSS) is a community NGO which is working against the illegal mining operations in Maliparbat hills. • Mr. Dasa Kora, aged about 50 years, senior community Leader Bhitarkota village, Maliparbat hills is the vice president of MSS. • Mr. Abhi Sadapelli, aged about 42 years, from Kankadamba village, Maliparbat hills is the Secretary of MSS.
Background: Bauxite mining lease in the Maliparbat hills has been granted to the Hindalco group. Then it was sub leased to Maitri infrastructure and mining India Pvt Ltd. The lease was allotted without the permission of Gram Sabha as per forest rights act, 2006 and the public hearing for the environmental clearance has not been done. Hence, HRDs allege that in order to get environmental clearance through public hearing, Maitri infrastructure and mining India Pvt Ltd is trying to allure the tribals in Maliparbat hills with the promise of money. Details of the Incident: On August 23, 2023, at around 07.00 PM Chhattisgarh police abducted the EHRD Abhi Sadapelli from Kankadamba village and at around 08.45 PM, they abducted Dasa Kora from Bhitarkota Village without any arrest procedures. According to the HRDs, after being picked up they were taken to a big house where they were chained, kicked, and subjected to torture for 3 days by the police officials. According to the EHRDs the place of detention remains unknown and the police officials interrogated them in Hindi and the tribals could not understand. They were not given food for one day and beaten by the police. Later they were released by the police on August 26, 2023 at the border of the Chhattisgarh without any FIR or any legal procedures of arrest or detention.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Abduction/Kidnapping, Intimidation and Threats, Torture, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, Environmental rights defender, NGO staff
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Oct 5, 2023
- Country
- India
- Initial Date
- Aug 30, 2023
- Event Description
Authorities in the Indian capital of Delhi must swiftly and impartially investigate the arson attack on the home of journalists Khushboo and Nadeem Akhtar, as well as the threats of death and rape, and hold those responsible to account, the Committee to Protect Journalists said Thursday.
In the early hours of August 30, the Akhtar family home in the Sultanpuri area of northwest Delhi was set ablaze, according to news reports and Khushboo Akhtar, who spoke with CPJ by phone.
The Akhtar sister and brother team run Pal Pal News, a YouTube-based political affairs channel with more than 2.1 million subscribers. Akhtar told CPJ that she believes the attack was retaliation for Pal Pal News’ critical coverage of the challenges faced by Indian Muslims and other underrepresented groups, including vulnerable caste groups, farmers, and tribal communities.
“Delhi police must conduct a thorough and transparent investigation into the arson attack on the home of journalists Khushboo and Nadeem Akhtar and hold the perpetrators to account,” said Kunāl Majumder, CPJ’s India representative. “The rising level of retaliation against Indian journalists covering the plight of minority communities is alarming. Khushboo and Nadeem Akhtar must be allowed to report without fear of violence or reprisal.”
Akhtar told CPJ that many religious items, including copies of the Quran and Ramayana, were taken out of a locked cupboard and burned before the perpetrators set the house on fire. The incident came to light when neighbors noticed smoke emanating from the third floor of the house and alerted Akhtar, who had relocated with her family to a different home last year. By the time she and her brother arrived at the scene, the house had been reduced to ashes.
Akhtar has recently received threats, including some involving death and rape, through social media platforms such as Facebook and WhatsApp, primarily over her journalistic work covering violence and discrimination against Muslims, according to the journalist and a copy of her complaint to the police, which was reviewed by CPJ. Her brother has also received death threats, Akhtar said.
Darshan Lal, station house officer of the Sultanpuri police station, where Akhtar filed her complaint, told CPJ via text message that police are still investigating the arson.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Death threat, Intimidation and Threats, Online Attack and Harassment, Violence (physical)
- Rights Concerned
- Freedom of expression Online, Right to healthy and safe environment, Right to property
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Sep 14, 2023
- Country
- India
- Initial Date
- Sep 4, 2023
- Event Description
On September 4, police in Manipur state filed criminal First Information Reports (FIR)against four senior journalists under several sections of the Indian Penal Code, following the September 2 publication of a report by the Editors Guild of India (EGI) analysing trends in media coverage of ongoing violence in Manipur. The FIRs, lodged after a complaint from a local social worker, are based on the mislabelling of a photo caption included in the report for which the EGI issued a correction on September 3.
Announcing the charges at a press conference on September 4, Chief Minister N. Biren Singh alleged that the report would ‘provoke clashes’, and continued to label the report ‘highly condemnable’ due to a perceived lack of consultation during its production.
The four accused include senior journalists and EGI leadership, with investigative team Bharat Bhushan, Sanjay Kapoor, Seema Guha, and guild President Seema Mustafa named in the FIRs. Bhushan, Kapoor and Guha conducted a fact-finding mission to Manipur from August 7-10, with the report concluding that news coverage in the state had disproportionately elevated voices of the politically dominant Meitei people, with this bias ‘contributing to divisiveness and violence’.
In an official statement, the EGI expressed concern at the charges and comments made by Chief Minister Singh, urging the authorities to withdraw the files registered against their members. The Press Club of India also called for the dismissal of all charges, claiming the move constituted intimidation against the guild.
Since the outbreak of violence in May 2023, at least 160 people have been killed in Manipur, with thousands displaced. The increased presence of security forces has resulted in the harassment and assault of several journalists, with internet restrictions imposed by the state government for over four months limiting the scope and quality of news coverage in the area.
The IFJ said: “The publication of a report analysing a complex media context should not be met with legal retribution. If the Manipur government has legitimate issues with the contents of the report they should be discussed through non-criminal proceedings, instead of harassing journalists with arbitrary and intimidatory charges. The IFJ calls on Chief Minister N. Biren Singh and the Manipur state authorities to withdraw all cases against EGI leadership and journalists immediately.”
- Impact of Event
- 4
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Online
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 13, 2023
- Country
- India
- Initial Date
- Aug 29, 2023
- Event Description
On 30 August 2023, human rights defender Nitin Varghese was placed in judicial custody following his arrest by the Madhya Pradesh police on 29 August 2023, after which he was remanded in police custody for a day. The human rights defender has been falsely accused of instigating local community members to attack forest officials in March 2023. At the time of writing this appeal, Nitin Varghese was still to be presented in court.
Nitin Varghese is a core member of the Jagrit Adivasi Dalit Sangathan (JADS), a collective which has been working for over 20 years to advocate for the rights of Dalit and Indigenous communities in rural areas of Madhya Pradesh. These communities face systemic violations of their right to land, livelihood, access to resources and the right to live with dignity. Nitin Varghese is a vocal advocate on issues such as illegal deforestation, forced eviction of local communities, and the denial of access to land and forests. The human rights defender Nitin Varghese and other defenders associated with the Jagrit Adivasi Dalit Sangathan have been repeatedly targeted in reprisal for their peaceful campaigns in support of the land and environmental rights of the Adivasi community in the Burhanpur District, Madhya Pradesh.
On 29 August 2023, human rights defender Nitin Varghese appeared before the Burhanpur District Court and was remanded to police custody at the Khandwa Jail based on a First Information Report (FIR) bearing number 0078/23. He was asked to surrender before the court through a proclamation under Section 82 of India’s Criminal Procedure Code. The case against Nitin Varghese relates to an alleged attack on a Forest Range office in Burhanpur, where the police falsely claim that the human rights defender instigated members of the Adivasi community to attack public officials. In fact, four Adivasi community members were arbitrarily detained at the Forest Range office and the human rights defender Nitin Varghese was requested by community members to secure their release and prevent any harm befalling those in custody. The charges against the human rights defender include serious offences under the Indian Penal Code including rioting, use of criminal force against public servants, trespassing and unlawful assembly.
On 30 June 2023, Nitin Varghese was served a proclamation to surrender before the court.His application for anticipatory bail before the High Court of Madhya Pradesh was rejected on 16 August 2023, leading to his arrest. Police submitted to the court that one of the persons detained following the alleged attack named Nitin Varghese as the instigator of the attack while in custody. The human rights defender has denied all allegations against him and JADS maintains that one of the accused was forced to sign on a blank paper.
The police claim that Nitin Varghese instigated the Adivasi community members to forcibly break their relatives out of the custody in an attack on the Forest Range office. Although the FIR filed in relation to this incident on 2 March 2023 does not mention the human rights defender, in March 2023 the police summoned Nitin Varghese to the Lalbagh police station under the pretext of recording his statement. Despite the human rights defender cooperating fully with the police, they delayed recording his statement on two occasions. Significantly, the persons named in the FIR were released on default bail after two months in detention, as no chargesheet was filed regarding the incident.
Nitin Varghese has been targeted previously due to his human rights work. On 20 April 2023,a FIR was filed against the human rights defenders Nitin Varghese and Madhuri Krishnaswami by a group of local politicians. The report was filed under sections 294 (Obscene acts and songs) and 34 (Acts done by several persons in furtherance of common intention) of the Indian Penal Code along with offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The same group of politicians had attempted to disrupt a meeting on 19 April 2023 between JADS members and opposition party leaders who were visiting the area to inspect allegations of deforestation.
It is alarming that the human rights defender Nitin Varghese is being implicated in a case that makes no mention of him, and in which the police have failed to produce a chargesheet to date. During this time, Nitin Varghese has also been suffering from a viral fever and is being treated for a serious medical condition.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Community-based HRD, Environmental rights defender, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 13, 2023
- Country
- India
- Initial Date
- Aug 5, 2023
- Event Description
Continued repression by alleged strongmen employed by powerful corporations are behind the recent arrests of 25 persons over the past 3 weeks in Orissa, states a press release of the Ganatantrik Adhikar Surakhya Sangathan, Odisha. Activists including the Adivasis community have been strongly protesting the mining of bauxite by Vedanta, Adani and HINDALCO.
There is a wide contestation on the mode and path of development being allowed by the state government in alliance with the union of India. Adivasis are protesting the destruction of their land, forests and hills, above all, their livelihoods by these corporations.
The Ganatantrik Adhikar Suraksha Sangathan (GASS), Odisha has strongly condemned the spate of ongoing attacks, reportedly in various proposed mining sites of south Odisha over the last three weeks. On August 23, 2023, two office-bearers of the Mali Parvat Suraksha Samiti, Koraput, Abhi Sodi and Das Khara were picked up by plain clothed motorbikers. They are suspected to be the police in view of two similar cases we saw in the Niyamgiri area of Kalahandi district on August 5 and Sijimali and Kutrumali areas of Rayagada district on August 16. Despite the fact that the family members of both Abhi Sodi and Das Khara have filed a separate FIR before the Patangi Police station, their where-about is still unknown.
Also, in the Niyamgiri area, Krushna Sikakkaa and Bari Sikakka of Lakhpadar village, the two Adivasi activists, while returning from Lanjigada weekly market were forcefully being abducted by plain-clothes Odisha Police personnel on August 5. Upon an enquiry by the Niyamgiri Suraksha Samiti activists about the whereabouts of their fellow activists, the police denied their involvement. Thus on August 6, local tribals staged a protest in front of the Kalyansinghpur police station and submitted a demand for their release.
The press release states that while they were returning, the local police forcibly tried to arrest another Adivasi activist named Drenju Krisikka of Lakhpadar village. The villagers unitedly resisted and their efforts prevented the arrest. But, the local police mentioning the protest of Adivasis as “unlawful activities” have filed an FIR under highly undemocratic laws such as the UAPA and several sections of IPC against eight Adivasi activists associated with the Niyamgiri Suraksha Samiti. Kalahandi district Ambadola village resident, Upendra Bag, against whom the FIR has been filed, was picked up by the Rayagada police. His arrest was not acknowledged until his son went to file habeas-corpus. He was then produced before the Court and sent to jail after three days of detention. His family members report that he has been tortured while in detention. How could the protest of tribals against illegal detention be the activity of “terrorists” for which the state government has used UAPA? The threat of the government to stop exercise of minimum democratic rights by the people and to whitewash their own wrongdoings, such use of the UAPA is the display of mere authoritarianism. The police, who were denying detention of Krushna, later forwarded under a false case filed in 2018, released Bari and sent to his village.
Though the state government has decided to hand over Bauxite mining from Sijimali located in Kashipur area of Rayagada district to Vedanta Company, the public hearing and Gram Sabha approval process has yet to be completed.
In this situation, some office-bearers of Maitri Infrastructure and Mining India Private Limited, claiming that they have been awarded by the Vedanta company to perform mining work at Sijimali went to that mining area on August 12, with the help of the local police for site-visit.
This action of Maitri Private Limited irked the local people and they protested such site-visit. This resulted into forceful abduction of Dhanafula Majhi, the former Sarpanch of Sindurghati Panchayat, also known as the office-bearers of the “Sijimali Kutrumali Suraksha Samiti”, and Sitaram Majhi and Anil Majhi, both the former Samiti Members by Rayagada police on August 16. They were arrested on August 19 of this month as people’s protests escalated. Meanwhile, 21 villagers have already been arrested from Sijimali area under different sections of the IPC, Criminal Amendment Act and Arms Act. While avoiding the unlawful arrest, one of the villagers fell off the roof and has even suffered a severe spine injury. Now he is being treated at M.K.C.G, medical college, Berhampur.
The act of protecting one’s own land, forest and nature is not a criminal act under the Cr.PC or IPC that the police can arrest someone for this, says the press note.
It has been observed time and again that in order to keep these protesting villagers behind the bar for a pretty longer period of time, provocative incidents are being instigated with the help of local police to begin with. And then after the villagers get agitated and show some reactions, random arrests are being made under various non-bailable sections of the IPC such as attempt to murder, dacoity, rioting, arson and applying the Criminal Amendment Act as well as the Unlawful Arms Act. For the police to arrest someone, offences must have first been committed under the crimes listed in the IPC.
Similar tactics by the state government were followed during the gherao of Kalyansinghpur police station, as well as in Niyamgiri area and in Sijimali area of Kashipur.
This is now being replicated in the Maliparvat area of Patangi block of Koraput district. On August 23, 2023, some civilians posing themselves as policemen picked up Shri Abhi Sodi and Shri Das Khara, the two office-bearers of the “Mali Parvat Suraksha Samiti”, from two different places, says the press release issued by GASS.
Background
Nearly 42 villages are now opposing the proposed HINDALCO bauxite-mining project. The Odisha High Court cancelled the Public Hearing (scheduled for October 2022) held by the State Pollution Control Board, Odisha and instructed this should be organised again. In the subsequent Hearing (January 2023) the public expressed their opposition to the development plans.
Despite the cancellation of the Vedanta Company’s contract following the gram sabha’s decision in Niyamgiri, till date, the state government has not assured the local Dongria adivasis that the Niyamgiri hills will not be handed over to any company.
In the case of Sijimali, the state government is not questioning the Maitri Company entering the area without any legal permission. Even in the Maliparvat case, despite the High Court’s verdict, the state government did not review the pro-corporate involvement of the District administration. It is hard to believe that the state government desires to have development through democratic process, says GASS.
It is not out of place to point out here that this recent clampdown of the Odisha govt. The anti-mining resistance activists have to be seen in the context of the recent amendment to Forest Conservation Bill 2023 which has deleted the existence of ‘deemed forests’ with no rhyme or reason and without debate with Adivasis and other stakeholders. In Niyamgiri, as per reports, over 90 percent of the forests fall under this category. The GASS states that this is meant to enable trade-offs between the mining corporate houses and the State and Union Governments.
GASS has not only condemned these policies of the government and the brutality but questioned the breakdown of due process of law, the use of corporate goons in lieu of the police and the questionable manner in which UAPA and the Arms Act are being drastically applied with an aim to stifle protests and the rights of Adivasis.
Finally, GASS has appealed to all political parties, progressive organisations, trade unions, writers and media persons to oppose these attacks perpetrated by the Orissa government and save this planet from further destruction, so that our earth can sustain longer.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- Abduction/Kidnapping, Intimidation and Threats
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Community-based HRD, Environmental rights defender, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: nine anti-mining EHRDs faced charges
- Date added
- Sep 13, 2023
- Country
- India
- Initial Date
- Aug 29, 2023
- Event Description
Social activist and environmentalist Prafulla Samantara, who was picked up by police on Tuesday and later released after five hours, on Wednesday accused the Odisha government of unleashing terror in the mining areas to stifle the voice of the Opposition as well as the local tribals.
Winner of the Goldman Environmental Prize for 2017, Samantara, 72, told The Telegraph: “I was about to address a media conference at Rayagada on the plight of those tribals who were opposing the mining activities in Rayagada, Kalahandi and other adjoining areas, but three unidentified people forcibly entered into my hotel room and took me away with them. On the way, I came to know that they were plain-clothes police. Later, they left me at my house in Berhampur around 9.30pm after an almost five-hour journey.”
Berhampur is the southern commercial town of Odisha and about 225km away from Rayagada, which borders Andhra Pradesh.
Samantara, president of the Lok Shakti Abhiyan, sent an FIR to the Rayagada police on Wednesday, stating how three people in civil dress entered his hotel room at Rayagada on Tuesday, snatched away his two phones, tied his hands back and covered his head and face with a towel and forced him to come out of the hotel room and go with them in their four-wheeler. He also pointed out how he was subjected to mental torture.
Samantara said: “Around 24 tribals were put behind bars in Rayagada sub-jail for opposing the mining activities. All of them were in jail in three spates of arrests between August 13 and August 20. They were against the mining of bauxite at Sijumali and other areas in Rayagada district.”
He added: “On Tuesday morning, I reached Rayagada and went to jail to meet them. I was about to address the media to expose the nexus between the government and industrial houses. Before I could address the media at Rayagada, the police abducted me. Later realising that it would bring more trouble, they were forced to release me. It’s a kind of state-sponsored terrorism.”
Samantara said people opposed leasing bauxite mines to Vedanta and Adani groups. “In the name of industrialisation, the indiscriminate mining of bauxite would ruin the areas.”
“The Odisha police have unleashed severe repression by resorting to mid-night raids and abductions. Charges of Unlawful Activities (Prevention) Act have been foisted on activists opposing the mining of bauxite in their areas,” he said.
According to the environmentalist, the state and the Centre — the BJD and the BJP — are collaborating in accelerating the acquisition of bauxite reserves. Both the ruling establishments seek to stifle the voices of these movements by putting their leaders and active members behind bars.
Despite making a number of attempts, Rayagada superintendent of police (SP) could not be contacted.
Rayagada police station inspector said: “I am yet to receive the FIR copy. I have no idea about the alleged abduction by police.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Abduction/Kidnapping
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Community-based HRD, Environmental rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 12, 2023
- Country
- India
- Initial Date
- Apr 7, 2023
- Event Description
About the Human Rights Defender: Mr. Washim Sajad was a 25-year-old social and human rights activist working as a ground level staff at the NGO Van Andolan Jagriti Sangh in Jharkhand which works for forest rights.
Details of the Incident On April 07, 2023, Mr. Washim Sajad went to Khala village for a meeting on Forest Rights Act. At around 11:00 PM, 4-5 policemen (not in uniform) in white Tata sumo came to the Khala village and apprehended the HRD nearby his grandfather house. They abducted him without following the D.K Basu Guidelines of arrest or detention. Then the HRD was subjected to torture by the police in the vehicle and then by policemen at the police station of Dhurki. The HRD was then shifted to the Dhurki Health Center in the same vehicle in which he was apprehended. HRD was given painkiller injections along with antibiotics at Dhurki Health center. Later the HRD succumbed to injuries sustained due to custodial torture. According to the HRD’s Father - At around 12 o'clock in the night HRD’s father was informed by Dhurki Police station stating that Inspector Krishan Kumar and HRD is in the hospital and requested the HRD’s father to come to the Dhurki primary hospital. The HRD’s father Mr. Mumtaz Ansari went to Dhurki Primary Hospital at 12 o'clock in the night where he met his son. The HRD informed him that he was stomped on his chest and subjected to brutal torture by the Sub Inspector Krishan Kumar and other police officials of Dhurki Police station.
The Father of HRD, Mr. Mumtaz Ansari filed a FIR against the custodial death of the HRD in FIR No 45 of 2023 at Dhurki Police station dated 08-04-2023, U/s 302 IPC, against accused Krishan Kumar Sub inspector, Dhurki Police station.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Abduction/Kidnapping, Killing, Torture, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to life
- HRD
- Environmental rights defender, NGO staff
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Sep 12, 2023
- Country
- India
- Initial Date
- Aug 18, 2023
- Event Description
About the Human Rights Defenders:
Mr. Bhalachandra Shadangi is a lawyer and the National Secretary of the All India Kisan Mazdoor Sabha (AIKMS).
Background of the incident:
The Mountain ranges of Siji Mali, Manging and Kutru Mali are spread across three blocks of Kalahandi and Rayada district, which comprises of around 145 villages; are proposed to be mined by Vedanta and Adani group. Due to the intervention of gram sabhas Vedanta failed to obtain the mining lease.Local HRDs allege that in order to obtain the mining lease, Vedanta has entrusted its mining operations to Maitri Infra and Mining company and it tried to bribe the tribals with the promise of money. When the local leaders questioned them they were threatened with the support of the police.
Details of the Incident: On August 12, 2023 at about 07.30 AM, officials of Maitri Infra and Mining company came to visit the proposed mining site at Siji Mali. Aggrieved by this at 11.00 AM the tribals gathered together at the protest site and protested against the mining activities.
On August 12, 2023, FIRs no.-92, 93, 96, 97 and 101 were registered against 24 activists out of which 21 activists were arrested and produced before the Judicial First Class Magistrate Court (JFCM) Kasipur and were remanded to Rayagada District Jail. On August 16, 2023, three HRDs were arrested by District police Rayagada.
On August 18, 2023, following the arrest of 24 tribals, advocate Bhalachandra Shadangi visited the Kasipur area and met with the families of arrested persons. The HRD was returning to Triki the same day.
At 11 pm the HRD was stopped by Inspector In charge of Triki police station, Mr. Bishweswari Bag and Sub Inspector Mr. Jana who were not in their uniform, along with 4-5 other police officials at Tikri. The HRD was taken to the Triki police station and detained till 12.30 in the night. According to the HRD, he was questioned about his visits in Kasipur Block and his meetings with the arrested persons’ families.
When the HRD asked to show the arrest memo or detention memo the police failed to produce the same, the HRD demanded this release and at 12.30 AM he was released.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Community-based HRD, Lawyer
- Perpetrator-State
- Police
- Source
Case shared by Human Rights Defenders Alert - India
- Monitoring Status
- Pending
- Date added
- Sep 12, 2023
- Country
- India
- Initial Date
- Aug 22, 2023
- Event Description
The Lakhimpur Police has registered a First Information Report (FIR) against a journalist for allegedly tarnishing the government and education department’s image by sending them videos of bundles of books meant for free distribution to students of government primary schools, being sold as scrap. The journalist said he had sent the video to get an official reaction on the incident that he himself witnessed.
The FIR was registered at Palia police station by block education officer (BEO) Nagendra Chaudhary claiming that by making a video and circulating it on social media platforms, the journalist was attempting to tarnish the image of the government.
A copy of the FIR accessed by NewsClick reads, "A video of Palia market in which a bundle of books is being shown in a rigid truck amidst some cluttered sacks/goods getting viral. In the viral video, the booklets sent by the government for free distribution are being told to be purchased by a junk shop. The above incident is affecting the image of the Basic Education Department as well as the administration."
A case under Section 420 of Indian Penal Code has been made against the journalist.
Shishir Shukla, the journalist who recorded the video and works with Hindi daily Amrit Vichar, told NewsClick that the ruling Bharatiya Janata Party (BJP) government does not want any negative report to be covered.
"Like every day, I was on the ground for a story. Near Dudhwa National Park Road, I saw multiple bundles of textbooks at scrap shops. I myself checked the books to confirm whether it is from the current session or the old ones, but I was shocked to see that all books under the Sarva Shiksha Abhiyan, which are supposed to be distributed to government primary school children, are being sold in scrap. I asked the shop owner where he got all the books from, he said from the scrap dealer," an upset Shukla said.
The journalist said he then sent the video to BEO (block education officer) for his reaction to balance the story, but instead of responding to his question, he registered a complaint at Palia police station.
"I have been reporting for more than 15 years but there has never been such a grim situation that action is being taken against a journalist for doing his work," said Shukla.
When contacted, Chaudhary, the BEO who registered the complaint against the journalist mentioning his contact number in the FIR, told NewsClick, "Whoever recorded the video should be punished as it was an attempt to tarnish the image of the government and education department. I have not mentioned the journalist's name in the FIR."
When asked about the contact number mentioned in the FIR, which belongs to the same journalist (Shukla) who sent the video to him for his comment, Chaudhary said, "It is a matter of investigation. I went there to investigate but the books were not there.”
Meanwhile, a group of journalists held protests in Lakhimpur, Palia, Nighasan, Shahjahanpur and Bareilly and handed over a memorandum to the SDM against the “witch-hunt”.
Students Without Books For the past four months, state government-run primary and upper primary school students have been attending classes without their school uniforms and books.
Despite the new academic session for government-run primary schools having commenced on April 1, students in many government primary and upper primary schools across the state are still awaiting the arrival of their books. In the absence of new books, teachers are making use of a few old books that were given by last year's students, but most of them are torn. As a result, the teachers have no choice but to dictate notes until they receive the new sets of books, as reported by NewClick earlier.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Online
- HRD
- Media Worker
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 12, 2023
- Country
- India
- Initial Date
- Aug 21, 2023
- Event Description
Authorities in India must immediately unblock the social media accounts of the independent news website Gaon Savera, the Committee to Protect Journalists said Wednesday.
On Monday, August 21, Gaon Savera’s Facebook page became inaccessible in India, and its account on X, formerly known as Twitter, was also blocked the following day, according to news reports and Mandeep Punia, editor of Gaon Savera, who spoke to CPJ by phone.
On Tuesday, August 22, Gaon Savera received an email from X, reviewed by CPJ, stating that the account had been withheld in response to a legal demand by the Indian government under the Information Technology Act. Gaon Savera did not receive a notice from Meta, which owns Facebook, or the Indian government, Punia said.
CPJ was able to access the outlet’s social media pages from the United States.
The previous week, the website and social media accounts of the independent online news magazine The Kashmir Walla were blocked in India.
“The Indian government’s arbitrary ban on Gaon Savera’s social media accounts, within days of blocking The Kashmir Walla’s website and social media accounts, marks a disturbing new trend of censorship in India,” said Beh Lih Yi, CPJ’s Asia program coordinator, in Kuala Lumpur. “The Indian government must stop targeting independent news publications and allow Gaon Savera to report without interference.”
Some articles on the site of Gaon Savera, which covers grassroots people’s movements in the northern states of Haryana and Punjab, have disappeared, Punia told CPJ, adding that the outlet’s technical team was investigating.
Punia told CPJ that he suspected that the censorship was in response to Gaon Savera’s coverage of ongoing farmer protests in Punjab and Haryana ahead of a national convention of workers in Delhi on August 24.
Punia was arrested while reporting on farmers’ protests as a freelancer in January 2021 and detained for four days.
Minister of Electronics and Information Technology Ashwini Vaishnaw did not immediately respond to CPJ’s emailed request for comment.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Censorship, Online Attack and Harassment
- Rights Concerned
- Internet freedom, Media freedom, Freedom of expression Online
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Sep 6, 2023
- Country
- India
- Initial Date
- Aug 19, 2023
- Event Description
About the Human Rights Defenders: The ‘We20: Peoples Summit’ was organized in the backdrop of the G20 in Delhi by more than 70 Civil society organisations including the National Alliance of People’s Movements, Focus on the Global South, All India Union of Forest Working People, Narmada Bachao Andolan, Environment Support Group (ESG), People’s Resource Centre, People First, Alternative Law Forum, Manthan Adhyayan Kendra, Delhi Forum, Jharkhand Mine Area Committee, Parisar, Basti Suraksha Manch, National Hawkers Federation, Pani Haq Samiti, and Ghar Bachao Ghar Banao etc. The We20 aimed to discuss issues directly affecting marginalised and vulnerable segments of the population including land rights, natural resources, food security, escalating economic inequality, climate justice, and the influence of majoritarian politics.
Details of the Incident: In 2023 India assumed the G20 presidency and hosted G20 Presidency meetings in various cities across India. However, CSOs felt that the concerns of the marginalised and vulnerable citizens were not reflected adequately in the G20 and thus, the ‘We20 Summit’ — with tagline “People and Nature over Profits for a Just, Inclusive, Transparent, and Equitable Future” was supposed to be held from August 18-August 20, 2023, in Delhi. The event was organized by over 70 civil society organisations and the speakers included activists such as Medha Patkar, Teesta Setalvad, Harsh Mander Vandana Shiva, Anjali Bhardwaj, Nikhil Dey, Thomas Franco, and Shaktiman Ghosh. The event was being held at H.K.S. Surjeet Bhawan, which are private premises and don’t need permission. On day 1, August 18, 2022, representatives from peoples’ movements, trade unions, and civil society spoke on how the decisions of the G20 impacted national economies, democratic institutions and fundamental rights and accused Mr. Modi’s government of hostility towards civil society and human rights organisations.
On day 2, August 19, 2022, at 11:30 am, the Delhi police under the central government’s Ministry of Home Affairs put-up barricades and a police force cordoned off Surjeet Bhavan to stop delegates from attending the conference. Those who had already entered were not allowed to leave the building by the police cordons. The people were asked to leave by the police but when they refused to do so, the police prevented entry inside the building. Attendees allege that the police physically tried to stop the participants even those who were elderly and disabled However after the resistance by the people, the event to continue for the day. On day 3, the last day of the summit, the organizers of the summit received a letter from the Delhi police saying that permission for the event has been denied. The organizers of the We20 released a statement saying that “while in the official G20 summit there are claims of us being the “Mother of Democracy”, the state of affairs that we have witnessed here at the We20 Peoples’ Summit only goes on to show how we are inching closer to being a police state. One where even dialogue, deliberations inside the four walls and thoughts are being policed.”
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline
- HRD
- NGO, NGO staff
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Aug 25, 2023
- Country
- India
- Initial Date
- Aug 9, 2023
- Event Description
The assault on the Maharashtra Daily journalist in Maharashtra’s Jalgaon area was captured in a video that went viral the following day. In the video, Mahajan is seen being pulled from his motorbike and beaten up by at least three men. The men have since been alleged to be supporters of local MLA Kishore Patil.
Police lodged a Non-Consignable (NC) complaint against the three people for the attack and said they were checking for links to the politician. Police also said the journalist did not suffer serious injuries but that the case was registered under sections 323, 504, and 506 of the Indian Penal Code based on the nature of injuries the journalist sustained.
According to subsequent reports, the attack was linked to the journalist’s online response a meeting between Maharashtra’s Chief Minister, Eknath Shinde, and the parents of an eight-year-old girl, who was allegedly raped and murdered a few days earlier. In the post, Mahajan was reported to have called the politician’s meeting with the girl’s parents an “eyewash”. Shortly after, local MLA Kishor Patil is alleged to have called the journalist to abuse him. An audio clip of Patil’s conversation was also purportedly shared on social media platforms.
This week, 11 Mumbai journalist bodies petitioned the Governor of Maharashtra, Ramesh Bais, and demanded action be taken against MLA Kishor Patil under Maharashtra Media Persons and Media Institutions (Prevention of Violence and damage or Loss to Property) Act, 2017 Act 29 of 2019.
Opposition NCP MLA Rohit Pawar questioned the silence of the state government after the attack on the Maharashtra Daily journalist political “goons”.
The Press Trust of India reported that a statement issued by the journalist bodies said the governor assured their delegation that he would look into the matter.
The IJU said: “IJU condemns the attack on Jalgaon Maharashtra journalist Sandeep Mahajan by supporters of local Shiv Sena MLA Kishore Patil for his critical report of rape and murder of a girl. IJU demands stern action against the attackers of the journalist.”
The IFJ said: “The Maharashtra government must be obligated to investigate this targeted attack and ensure the implementation of the state law which is there to defend and protect journalists.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical)
- Rights Concerned
- Freedom of expression Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Aug 23, 2023
- Country
- India
- Initial Date
- Aug 6, 2023
- Event Description
On August 6, 2023, the Odisha police lodged an FIR against nine people associated with the Niyamgiri Surakhya Samiti (NSS) under charges of Unlawful Activities (Prevention) Act, 1967 and the Indian Penal Code. The charges came a day after two of NSS’ activists, Krushna Sikaka and Bari Sikaka, were allegedly abducted by the police in plainclothes from Lanjigarh haat in the Kalahandi district where they were meeting villagers to discuss upcoming celebrations of the World Adivasi Day. When other NSS activists contacted police regarding this abduction, the police continued to deny it. In response, the NSS called for a protest in front of Kalyansinghpur police station, seeking the whereabouts of the abducted activists. When this protest was dispersing, there was an altercation and the police even reportedly tried to detain Drenju Krisika, another activist of the NSS, right from among the crowd and it was only the collective effort and strength of the villagers which prevented this abduction. It is after this attempt that the police filed the FIR against the nine activists, which included names like the NSS’ Lada Sikaka, Drenju Krisika, Lingaraj Azad, the Khandualmali Surakhya Samiti’s British Kumar and poet Lenin Kumar.
These developments and the use of so-called anti-terror laws against Adivasi activists few days prior to World Adivasi Day on August 9 has been condemned as being an attack on the people’s struggle led by the Dongria Kondh tribe, who have been fighting the bid to resist destruction of the Niyamgiri mountains through various mining projects. In 2003, the Indian state signed a memorandum of understanding with Vedanta Limited for establishing a mining project for extracting the bauxite in Niyamgiri mountains. The project had the potential to displace the residents of the mountains and surrounding areas from their traditional lands and cause vast environmental destruction which would have ramifications not only for the immediate residents of the area but for the people of Odisha at large, with Niyamgiri’s unique bauxite composition playing a major role in filtering river water which flows down across the state. The vigorous struggle of the people of Niyamgiri against this move by the state finally culminated in a Supreme Court judgement which refused to permit Vedanta Limited from continuing their mining operations in Niyamgiri. The judgement also highlighted how the state had flouted various legal provisions in granting Vedanta Limited the rights, even though the judgement itself did not ensure the end of mining operations in Niyamgiri, with the judges going so far as to inviting Vedanta’s subsidiary, Sterlite, to apply for mining in Niyamgiri instead. As the residents of the Niyamgiri area continued their struggle to protect their rights to their own land in the subsequent decade, the state has reportedly further intensified its repressive measures to dissuade them from engaging in any democratic struggle by abducting activists, charging them with anti-terror laws, changing titleship provisions to evict the locals from their lands and various other forms of police harassment and violence.
Environmentally conscious people’s movements have been highlighting the fact that it is not only Niyamgiri alone but the entire region of Eastern Ghats where various such mining projects are threatening people’s lives. On the same day, August 6, in Kashipur, Rayagada, protests and demonstrations took place against the operations bauxite hills of Sijimali and Kutrumali, projects of Vedanta and Adani Groups respectively. Vedanta hired another company, Maitri, to resolve the issue and hold gram sabha meetings to convince local residents in favour of the projects but stiff resistance from the people ensured that the company’s plans didn’t come to fruition. This subsequently led to the activists organizing these demonstrations being detained by the police late at night in a similar fashion. They were then recently produced in court and have, according to sources, shown signs of physical violence and torture. On August 16, seven more people were reportedly picked up by the police from Sijimali area and will be presented in court soon. All these questionable acts by the Orissa police have raised serious questions on the right to protest and the safety of Adivasi human rights defenders.
Pertinently, the two reportedly illegally detained activists were found after a writ of habeas corpus was filed in the High Court which forced the police to produce the activists, Krushna Sikaka and Bari Sikaka. While Bari Sikaka was released, Krushna Sikaka has been sent to jail due to a 2018 rape charge filed against him. Since 2018, Krushna Sikaka has been seen participating in public meetings and demonstrations, but the police made no move on him for five years and this raises doubts on whether this charge is only to ensure Krushna Sikaka’s incarceration. Furthermore, one other accused in this case, Upendra Bhoi of the NSS, was initially reported missing by his family on 10th August but has now finally been located in Raygada jail on August 15.
- Impact of Event
- 9
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of association, Freedom of expression Offline, Right to Protest
- HRD
- Community-based HRD, Environmental rights defender, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 23, 2023
- Country
- India
- Initial Date
- Aug 19, 2023
- Event Description
The Union government has blocked The Kashmir Walla’s website and its social media accounts without serving a notice or issuing an official order, the independent news portal said on Sunday.
In a statement, the outlet described the action as an “opaque censorship” and said it was gut-wrenching and “another deadly blow” to press freedom in Jammu and Kashmir.
“Since 2011, The Kashmir Walla has strived to remain an independent, credible, and courageous voice of the region in the face of unimaginable pressure from the authorities while we watched our being ripped apart, bit by bit,” the statement read.
The server provider informed the staff on Saturday that the Ministry of Electronics and Information Technology had blocked the website under the Information Technology Act, 2000, according to the statement. After this, the staff discovered that The Kashmir Walla’s Facebook page with nearly half a million followers had been removed and its Twitter account had been withheld “in response to a legal demand”.
The statement noted that the action had been taken at a time when The Kashmir Walla staff were in process of vacating their office in Srinagar after being served an eviction notice by the landlord.
The statement also highlighted that The Kashmir Walla’s editor-in-chief Fahad Shah has been in jail for 18 months now. The police had arrested Shah in February last year and accused him of glorifying terrorism, spreading fake news and inciting violence.
The Kashmir Walla said this was “the beginning of the saga of his revolving door arrests” and the harassment of its staff.
“He [Shah] went on to be arrested five times within four months,” the statement said. “Three FIRs [first information reports] under the stringent Unlawful Activities (Prevention) Act and one Public Safety Act have been registered against him.”
Sajad Gul, who worked with The Kashmir Walla as a trainee reporter, is also in a prison in Uttar Pradesh under the Public Safety Act. The journalist first was arrested on January 6, 2022, after he posted a video of a family shouting anti-India slogans after their relative was killed in a gunfight in Srinagar.
The Kashmir Walla said it was still processing the recent action and that there “isn’t a lot left” to comment.
The statement added, “The Kashmir Walla’s story is the tale of the rise and fall of press freedom in the region. Over the past 18 months, we have lost everything but you – our readers. The Kashmir Walla is beyond thankful that we were read avidly for 12 years by millions.”
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Censorship
- Rights Concerned
- Internet freedom, Media freedom, Freedom of expression Online
- HRD
- Media Worker
- Perpetrator-State
- Government
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Related Events
- India: Kashmiri media outlet, his editor house raided, India: media outlet had Twitter account suspended after sharing about military violence
- Date added
- Aug 23, 2023
- Country
- India
- Initial Date
- Aug 9, 2023
- Event Description
Tushar Gandhi, Teesta Setalvad, and G G Parikh were stopped by Mumbai police from attending a peace march on the anniversary of the Quit India movement. Gandhi was detained, Setalvad was asked to stay indoors, and Parikh was issued a preventive notice. The government organized a separate function to mark the occasion. The organizers criticized the BJP-led government for attempting to co-opt and distort the freedom struggle. Gandhi was detained for three hours and paid his respects to the place where the movement began after being released.
Tushar Gandhi, great-grandson of Mahatma Gandhi, activist Teesta Setalvad, and 99-year-old freedom fighter G G Parikh were stopped on Wednesday by the Mumbai police from attending a peace march organised on the anniversary of the Quit India movement.
Gandhi was detained and taken to Santacruz police station, Setalvad was asked to stay indoors amid police bandobast while Parikh was issued a preventive notice by the D B Marg police. The march was to culminate at August Kranti Maidan, the place from where Mahatma Gandhi gave a clarion call for the British to quit India in 1942.
The government organised a function at the same venue to mark the occasion, in which chief minister Eknath Shinde and deputy chief ministers Devendra Fadnavis and Ajit Pawar participated. They also launched the Meri Mati, Mera Desh campaign during the function.
In a post at 7 am on social media platform X, Gandhi said, “For the first time in the history of Independent India, I have been detained at Santacruz police station, as I left home to commemorate 9th August Quit India Day. I am proud. My Great Grandparents Bapu and Ba had also been arrested by the British Police on the historic date.”
A statement signed by organisers Madhu Mohite, Feroze Mithiborwala and Guddi S L, read: “On the 81st anniversary of the historic Quit India movement led by Mahatma Gandhi, we witnessed a draconian crackdown by the BJP-led regime in Maharashtra. Our veteran freedom fighters have been commemorating this ever since 1943. Dr Parikh, who continues to lead the march even at 99, had participated in the movement as a student in 1942. He is utterly distraught at this bizarre turn of events. Every year, we, as the People’s Movement, commemorate the Quit India Movement by marching from Tilak Statue at Girgaum Chowpatty to the August Kranti Maidan. This year, however, we were prevented by the communal fascist regime.”
The organisers also alleged that 50-odd activists were detained by the police at D B Marg Police station. They hit out at the BJP saying that the BJP-led government was “attempting to commemorate the day for the first time—the day that their ideological predecessors had opposed, even as the RSS and Hindu Mahasabha connived with the British Empire”. “The advertisement issued by the BJP-led government does not even mention the Quit India Movement. It is once again clear that the BJP-RSS are trying their best or rather their worst to co-opt and distort our freedom struggle,” read the statement.
Gandhi, through his social media profile, said that he had been detained for three hours. “I was about to leave for August Kranti Maidan around 8 am when two people approached me and asked where I was going. When I told them, they said I couldn’t do that. They then took me to Santacruz police station. I was made to wait in the senior inspector’s cabin until 11.30 am before being let off,” he said. “The police told me there was an event organised by the state government at the same venue and my presence there could cause a law-and-order situation.” Gandhi said he did pay his respects to the place where the Quit India Movement began in 1942 after being let go along with Setalvad and Parikh.
Senior officials, including joint commissioner of police Satyanarayan Choudhary and deputy commissioner of police for Zone 9 Krishnakant Upadhyay, refused to comment on Gandhi’s detention. However, the letter sent to Parikh by the DB Marg police mentioned that he did not have the necessary permission to conduct the peace march in their jurisdiction. It also cited restriction of movement under Section 144 issued from July 31 to August 14, saying that action could be taken against him and his accomplices for illegal assembly. It also pointed out a high court order that said all rallies and protests in the city should only be done at Azad Maidan.
The D B Marg police detained 22 people relating to the Quit India Day, as they violated the Mumbai police commissioner’s order prohibiting gatherings of more than five persons. “We have already registered a case in this matter under Section 135,” said a police officer.
Maharashtra BJP vice-president Madhav Bhandari said he would not answer questions on Teesta’s detention since “she is out on bail in many cases for financial misappropriation”. “The action against Gandhi and other activists was taken by the police as per their common practice,” he said. “The government had no role in it. As far as the allegations against BJP over August Kranti Diwas go, I want to ask Teesta and Gandhi whether they hoist the tricolour in their houses. People know what we are and what they do.”
Shinde said, “The clarion call by Mahatma Gandhi for the British to quit India inspired the youth. The freedom fighters stood against the British rule. The freedom we got was the result of the sacrifice by thousands of martyrs.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Administrative Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of assembly, Freedom of movement, Freedom of expression Offline
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 22, 2023
- Country
- India
- Initial Date
- Jul 23, 2023
- Event Description
About the Human Rights Defenders: Civil society organisations like Inqlabi Mazdoor Kendra who were holding a street corner meeting for peace in Manipur. Inqlabi Mazdoor Kendra (IMK) is platform which works on the issue of laborers and women and farmers. The workers of Inqlabi Mazdoor Kendra also work with farmer organizations. Details of the Incident: On July 23, 2023, around 6.30 pm, members of civil society organisations like Inqlabi Mazdoor Kendra and others were holding a peaceful street corner meeting near Gonchi School, Faridabad, criticising sexual violence against women in Manipur. Women, students, and labourers were taking part in the meeting. Suddenly a group of 8-10 drunken young men led by a local young men called Sahdev and Mohit, crashed the meeting. They had iron rods, and lathes in their hands. The men went up to the organisers and started threatening them by telling them not to talk about Manipur and that first they should get the “mulla shops” (derogatory way of referring to shops owned by Muslims) shut which sold chicken on Tuesday. When the participants at the meeting refused, the youth turned aggressive and forced them to shout Jai Shri Ram. They also started harassing the women participants present there. When other participants came to calm the situation, the perpetrators attacked the protestors from behind and assaulted them with lathes, bricks, iron rods, iron weights. The assault led to serious injuries on the heads of many participants while 3 participants Mr. Nitish Kumar, Mr. Deepak Kumar, and Mr. Santosh Prajapati suffered serious head injuries. After the assault they threatened the organisers telling them to leave immediately and if seen in the locality again then they will be killed. At 7:30 pm a written complaint about this incident was made at the Sanjay Colony Sector 23 police station, Faridabad. In the complaint the peaceful protestors also mentioned that they recognised the perpetrators. But the police did not register the FIR. They told the complainants that first a medico-legal examination should be done and then they will register an FIR in the relevant sections of the Indian Penal Code. The injured people got a medico-legal examination in the government hospital of Vallabhgarh and one of them had to get a CT scan done at 1 am in the night. The next morning, they again went to the police station and asked them to file a FIR again now that they had got the MLC done. The chowki in-charge refused to file the FIR again.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Community-based HRD, NGO staff
- Perpetrator-Non-State
- Non-state
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Aug 11, 2023
- Country
- India
- Initial Date
- Jul 8, 2023
- Event Description
The National Federation of Indian Women (NFIW), one of the oldest women organisations in the country who in their last three-member, namely Annie Raja, Nisha Sindhu and Deeksha Duivedi’s visit to Manipur conducting fact finding mission over Manipur ethnic conflict have been slapped with FIR for allegedly hurting sentiments of the Manipuri Meira Paibis. NFIW general secretary Annie Raja along with NFIW national secretary Nisha Sindhu and independent Advocate Deeksha Duivedi had visited both Meitei areas and Kuki areas and came to the conclusion that the May 3 riot was state-sponsored. The three-member NFIW addressing media at Manipur Press Club in Imphal on July 1 had said that the May 3 riot in Manipur was a state-sponsored riot and that is why the state government is not making any effort to control it. According to HY News, the three were booked on Saturday, July 8 at Imphal Police station for disregarding women Meira Paibis of Manipur and terming the protest of Meira Paibis against the resignation of Chief Minister as “stage-managed drama”. The FIR has been registered under sections s 121- A/124/153/153-A/ 153-B/ 499/ 504/505(2)/34 of IPC by one L. Liben Singh (53), son of late Sanoujam Pholo Singh of Heingang Makha Leikai. Annie Raja the general secretary of the women’s organisation had alleged that chief minister N Biren Singh kept himself busy at around 7 pm on May 3, by tweeting and making social media posts on the vice president of India’s visit to Manipur, when people were being killed and houses torched. Jagdeep Dhankhar’s in his one day-long visit on May 3 attended events at DM University campus and Manipur University.
- Impact of Event
- 3
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Offline
- HRD
- NGO staff, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 14, 2023
- Country
- India
- Initial Date
- Jun 9, 2023
- Event Description
A Delhi Court has extended judicial custody of human rights activist Khurram Parvez and Kashmiri journalist Irfan Mehraj in a 2020 UAPA case after the NIA sought more time to complete the investigation. Mehraj and Parvez are accused in the alleged NGO Terror funding case registered by NIA in October 2020.
On June 09, Principal District & Sessions Judge Sanjay Garg of Patiala House Court allowed NIA’s application seeking extension of detention of both Mehraj and Parvez in judicial custody and period of investigation. Though the NIA had prayed for extension beyond 90 days to 180 days, the court only granted it 45 more days.
“After giving my thoughtful consideration to the submissions made by the Ld. Counsel for both the parties, the PP Report and various judicial pronouncements, this Court is satisfied that extension of period of detention of the accused persons in judicial custody is required. The application is allowed and period of judicial remand of both the aforesaid accused persons namely Khurram Parvez and Irfan Mehraj is extended for 45 days i.e. up to 135 days,” the court said.
Mehraj, who was arrested on March 20 from Srinagar, was brought to Delhi after a local court granted his transit remand. He was then produced before Patiala House Courts on March 22. The same day, NIA also arrested Parvez, who was already in custody in another case, and they both were remanded to NIA custody for 10 days.
On their production on April 01, they were remanded to judicial custody up to April 28 which was later extended from time to time up to June 17. The period of 90 days of detention in judicial custody of Mehraj and Parvez and the period of investigation is going to be completed on June 18 and 20, respectively.
NIA told court that during their examination, statements of Mehraj and Parvez were recorded which allegedly revealed their association with the persons affiliated to terrorist outfits. The probe agency also alleged that both Parvez and Mehraj were "in contact of" more than 350 Pakistan-based tele selectors and several entities based in other countries through phone numbers, social applications and emails, investigation. The investigation in this regard is ongoing and time is needed for its completion, said the central agency.
“The facts surfaced so far during the investigation are required to be verified. The voluminous data of seized digital devices connected to accused persons and other persons connected to JKCCS and voluminous documents need to be scrutinized properly, several persons are yet to be examined, the investigation has spread in several states and also having international ramifications,” the NIA said.
Both Mehraj and Parvez opposed NIA’s application seeking extension of probe and period of their detention in judicial custody.
Mehraj had submitted that there was no ground in the application justifying the extension of period of detention up to 180 days. He also said that the delay in probe clearly demonstrates that NIA has undertaken an exercise of fishing and roving enquiry against him with the sole motive to keep him in custody without any formal charges.
On the other hand, Parvez submitted that there was absolutely no evidence against him and that he was being illegally detained. He also said that the request of NIA to extend the detention period from 90 days to 180 days was not based on any fresh cause as required under the law.
At the time of his arrest, NIA said that Irfan Mehraj was a close associate of Khurram Parvez and was working with his organization, Jammu and Kashmir Coalition of Civil Societies (JKCCS). “Investigation revealed that the JKCCS was funding terror activities in the valley and had also been in propagation of secessionist agenda in the Valley under the garb of protection of human rights,” NIA alleged.
Mehraj was a researcher with the JKCCS till March 2022. Parvez was the coordinator of the rights group and has been accused by the NIA of providing "material support" to protestors in Kashmir during the 2016 agitation.
NIA has said that involvement of some valley-based NGOs, Trusts and Societies "in funding of terror related activities is being probed" in the 2020 case.
"Some NGOs, both registered as well as un-registered, have come to notice collecting funds domestically and abroad under the cover of doing charity and various welfare activities, including Public Health, Education etc. But some of these organisations have developed links with proscribed terrorist organizations, such as Lashkar-e-Toiba (LeT), Hizbul Mujahideen (HM) etc," the NIA has claimed.
Advocate Kartik Venu appeared for Khuram Parvez. Advocate Rajat Kumar appeared for Irfan Mehraj. Sr. PP Kanchan represented NIA.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Community-based HRD, Media Worker, Minority rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- India: Kashmiri journalist arbitrarily arrested under draconian law, India: Kashmiri prominent defender in detention faces a fresh case (Update)
- Date added
- Jun 16, 2023
- Country
- India
- Initial Date
- May 28, 2023
- Event Description
Several top Indian wrestlers, including Olympic medallists Sakshi Malik and Bajrang Punia, have been charged with rioting and disorder by police in New Delhi after their arrests during a march to the new parliament building following its inauguration by Prime Minister Narendra Modi.
The wrestlers and their supporters were arrested on Sunday after scuffles broke out in front of parliament as they intensified their protests demanding the arrest of their federation chief over sexual harassment allegations.
Police released some of the protesters late on Sunday but filed first information reports (FIR), or formal complaints, against others under multiple articles of the Indian Penal Code, ranging from rioting to “causing an obstruction in the duty of a public servant with the use of assault and criminal force”.
The wrestlers have been protesting in the capital for more than a month over the lack of action against Brijbhushan Sharan Singh, a member of parliament belonging to Modi’s ruling Bharatiya Janata Party.
The protesting athletes have demanded his “immediate arrest” and sought the intervention of the Supreme Court, which directed the police to register a case against the 66-year-old. The MP has been accused of harassing several female athletes while leading the Wrestling Federation of India (WFI). He has denied all the allegations.
Malik, who has been at the forefront of the protests, questioned the police’s swift action to detain those who were protesting “peacefully”.
“It took seven days for the Delhi Police to register an FIR against sexual harasser Brij Bhushan, and it didn’t even take seven hours to register an FIR against us for peacefully protesting,” she tweeted. “Is this country under dictatorship? The whole world is watching how the government is treating its players.”
Speaking during their rally, Punia said, “This is a fight for the respect of our daughters and sisters.”
“We are asking for justice,” he said.
On Monday, Punia responded to a former Indian Police Service officer’s tweet calling for the protesters to be shot.
“An IPS officer is talking about shooting us,” he tweeted. “Brother, we are standing in front of you, tell us where to come to get shot… I swear that I will not show my back, I will take your bullet in my chest.”
The use of police force and criminal charges against the protesting athletes has drawn condemnation from India’s Olympic gold medallist javelin thrower Neeraj Chopra, who said, “There has to be a better way to deal with this.” Chopra won the gold in the 2020 Tokyo Olympics.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest, Women's rights
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: women protest met with violence, arrest
- Date added
- May 31, 2023
- Country
- India
- Initial Date
- May 15, 2023
- Event Description
About the Human Rights Defender: Mr. Manish Sharma (45) is a well-known human rights activist of Uttar Pradesh working for civil rights and human rights in Varanasi for the last 20 years. He has been peacefully active in various pro-poor mass movements such as the successful Banaras weavers’ movement, the green belt movement etc. Details of the Incident: On May 15, 2023, at around 03:00 pm, Mr. Manish Sharma was going home on his bike when suddenly 8-10 people in civil dress surrounded his bike near the Court, snatched his mobile and forced him in their car. They forced him to go with them in the car to the ATS office, Pandaya Nagar, where he found out that they were policemen from the Anti-Terrorism Squad of the UP Police. They had neither any summons or warrant for Mr. Sharma’s interrogation, nor did they inform his family despite his repeated requests to inform them. Mr. Sharma was mentally harassed for 6 hours and repeatedly questioned about his participation in various people’s democratic movements and was told to back off from any rights-based movements. He was also threatened that if he continued to be involved in mass movements then he would be framed in fake cases of terrorism and sent to jail for years. Some local activists gathered at ATS office, Pandaya Nagar, Banaras, and started demanding his release raising slogans and the news went viral on the social media. At around 10:30pm Mr. Manish Sharma was released from ATS office, and was asked to return for questioning again the next day. On May 16, 2023, around 11 am, Mr. Manish Sharma went to the ATS office, Pandaya Nagar on his own volition. ATS again threatened him to keep distance from the ongoing weaver’s movement and land movement. Mr. Manish Sharma alleged in a press conference that his abduction and harassment were reprisal for taking part in successful democratic movements.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- May 30, 2023
- Country
- India
- Initial Date
- May 22, 2023
- Event Description
Authorities in the northeast Indian state of Manipur must investigate the beating of journalists Soram Inaoba, Nongthombam Johnson, and Brahmacharimayum Dayananda, and hold those responsible to account, the Committee to Protect Journalists said Wednesday.
On the afternoon of Monday, May 22, soldiers with the Indian Army’s Jat Regiment assaulted the three journalists while they were covering a fire in the New Checkon area of Imphal, the state capital, according to multiple news reports and Bijoy Kakchingtabam, president of the All Manipur Working Journalists’ Union, who spoke to CPJ.
Soldiers dragged the three journalists from the building where they were reporting, tore their vests emblazoned with the word “Press,” and beat them with batons, according to those sources.
“Authorities in India’s Manipur state must thoroughly investigate the recent attack on three journalists by security forces, and ensure that those responsible are held to account,” said Beh Lih Yi, CPJ’s Asia program coordinator. “Journalists in Manipur must be able to do their work safely and without fear of harassment and abuse by soldiers.”
The three journalists were treated at the Remedy Hospital in Imphal after the attack. Inaoba, a reporter for the Manipuri-language news broadcaster Mami TV, suffered injuries on his head and right hand. Johnson, a camera operator for Mami TV, also received a head injury, according to Kakchingtabam and those reports.
Dayananda, a camera operator with the Asian News International news agency, sustained minor injuries.
The soldiers accused the journalists of throwing stones at a government-operated drone, those news reports said. However, the journalists denied that allegation, saying they were waving off the drone as it had gotten too close to them while they were reporting, according to a joint statement by the All Manipur Working Journalists’ Union, the Editors’ Guild Manipur, and the Manipur Hill Journalists Union, which CPJ reviewed.
Indian Army soldiers were recently deployed to Manipur to restore peace after days of deadly rioting and ethnic clashes.
CPJ texted Irengbam Arun, the media adviser to Manipur Chief Minister Nongthombam Biren Singh, and Kuldiep Singh, a security adviser to the Manipur government who is currently overseeing the military presence in the state, but did not receive any replies.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Armed forces/ Military
- Source
- Monitoring Status
- Pending
- Date added
- May 29, 2023
- Country
- India
- Initial Date
- May 10, 2023
- Event Description
About the Human Rights Defender: Mr. Santosh Thakur (39) is a human rights activist in Muzaffarpur, Bihar and the founder member of Grameen Vichar Manch, a civil rights organization which actively works on human rights, civil rights and social issues in Bihar. Mr. Santosh Thakur is also associated with various human rights organizations. Details of the Incident: On May 10, 2023, at 11:00 am, Mr. Manoj went to Mushahari police station, Dumri, Muzaffarpur with his relative Ms. Sanju Devi, to file a complaint regarding a forcible control of her wheat crop by Dheeraj Kumar with his associates. When they tried to file a complaint, Mr. Narendra Kumar, the station in-charge started abusing them and gave an order to arrest Mr. Santosh Thakur and Ms. Sanju Devi, who were then taken into custody. No FIR was filed on their complaint. Mr. Thakur was given no detention memo, in violation of the DK Basu guidelines. His mobile and 5000 rupees and watch were taken by the policemen illegally without any memo. Both Mr. Thakur and Ms. Devi were detained till the evening and given no water or food. At 5:30 pm in the evening they were released but their mobile and money were not returned by the police.
On May 12, 2023, Ms. Sanju Devi wrote the entire incident in a letter and sent it to Inspector General of Police, Bihar. A copy of the letter was also sent to Superintendent of police of Muzaffarpur and Director General of police, Bihar. Ms. Sanju Devi in her complaint letter has alleged that the policemen are in collusion with the accused Dheeraj Kumar and Mr. Santosh Kumar and herself were detained because of the pressure of the accused on the SHO.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- May 29, 2023
- Country
- India
- Initial Date
- Apr 19, 2023
- Event Description
A Central Bureau of Investigation (CBI) case against celebrated environmental lawyer Ritwick Dutta is replete with factual errors and misrepresentations but will nevertheless have a chilling effect on environmental litigation in India, experts said.
A core allegation in a first information report (FIR) filed by the CBI against Dutta, 48, on 19 April 2023 is that he uses foreign funds to “take down India’s existing or proposed coal projects”. If found guilty of the charges made, Dutta faces a jail term of up to a year, under the law, or a fine or both.
The offences are "compoundable" though, which means a penalty can be paid, usually a percentage of the foreign contribution received. This means the government can only launch prosecution if the person declines to pay the penalty.
The FIR lists no case where either Dutta in his personal capacity or the trust he co-founded, Legal Initiative for Forests and Environment (LIFE), acted as a petitioner, applicant or appellant before any court or tribunal.
The LIFE trust, founded in 2008, won the 2021 Right Livelihood Award, also called the ‘Alternative Nobel’. Dutta is one of three trustees at LIFE. The others are Rahul Choudhary, a lawyer, and Rakesh Kumar Singh, a wildlife management expert and a member of the state board for wildlife, union territory of Ladakh.
In a statement, Dutta said that neither him nor LIFE had ever been a litigant in any legal case.
It is in his personal capacity as a lawyer, with his own proprietorship firm, that Dutta represents a host of farmers, forest-dwelling communities and fisherfolk, other non-governmental organisations and even retired bureaucrats, Dutta said in this October 2021 interview to Article 14.
Quoting a complaint from Jeetendar Chadha, a director in the union home ministry, the CBI says Dutta received Rs 41 lakh as “foreign contribution” in 2013-14.
The CBI claims Dutta then created a proprietorship firm which received Rs 22 crore from Earth Justice, an American advocacy group, as professional receipt “to take down India's existing or proposed coal projects.”
Dutta’s proprietorship, called Lawyers Initiative for Forests and the Environment, was founded in 2009, not after 2013-14, as the CBI claims.
The CBI charge also includes allegations against LIFE, the trust, which is named as second accused in the FIR, alongside Dutta as the first accused. It says the trust transferred the foreign contributions it received to other non-governmental organisations (NGOs), which, the CBI says, violates the Foreign Contribution Regulation Act, 2010 (FCRA).
In his complaint, Chadha from the union home ministry alleges that “EJ and LIFE were complicit in bringing [foreign contribution] into India “for funding and targeting and stalling development projects, which, he says, is an FCRA violation affecting the “economic security” of India.
Article 14 sought comment from Earth Justice but there was no response. We will update this copy if they do respond.
Over the last five years, the union government has cancelled FCRA licences of over 6,500 non-governmental organisations (NGOs). In April 2022, the Supreme Court upheld amendments made by the government in November 2020 to the FCRA.
“… uncontrolled flow of foreign contribution has the potential of impacting the sovereignty and integrity of the nation, its public order and also working against the interest of the general public,” said the Supreme Court.
The FCRA is among three laws that an international human-rights body—of which India’s National Human Rights Commission is a member—has cited as affecting “civil liberties and fundamental rights”.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to access to funding, Right to protect reputation, Right to work
- HRD
- Environmental rights defender, Lawyer
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- May 23, 2023
- Country
- India
- Initial Date
- May 10, 2023
- Event Description
Farmer unions, farm labourer organisations and activists in Punjab have condemned the Enforcement Directorate’s (ED) questioning of author-activist Navsharan Singh under the Prevention of Money Laundering Act (PMLA). Navsharan was questioned for eight hours on May 10.
The wife of JNU professor and former Jawaharlal Nehru University Teachers Association president Atul Sood, Navsharan used to regularly visit the farmers during their agitation against the farm laws at Tikri and Singhu border. She is also a board member of Aman Biradari, a trust headed by rights activist Harsh Mander. Sources revealed that she was questioned about certain financial transactions with Aman Biradari and her association with Mander.
Navsharan is the daughter of the famous theatre director, the late Gursharan Singh, who was also popular as Bhai Manna Singh.
“I strongly condemn the ED harassment of Navsharan, a social worker and untiring supporter of the farmers’ movement. We both addressed the Tikri border farmers’ rally on Gursharan Singh’s birth anniversary,” Chaman Lal, a retired JNU professor, said. “The whole family has a glorious record of progressive and democratic thinking and siding with democratic struggles. Navsharan’s mother Kailash Kaur was a stage actor and her sister Dr Areet retired as director of health services in Punjab,” he added.
Narain Dutt, the president of the Inqlaabi Kendra Punjab, also condemned Navsharan’s questioning. “Navsharan, who is a human rights activist, has always stood up for the democratic rights of the masses. She was grilled for the funding given for publishing books of activist Harsh Mander. The Union government has always tried to intimidate the ‘right thinking’ people.. we are standing tall with Dr Navsharan,” Dutt said.
Joginder Singh Ugrahan, state president of Bhartiya Kisan Union Ekta (Ugrahan), alleged that Navsharan was being targeted by the Modi government “for speaking out the truth”. “In continuation with the series of attacks on intellectuals and democratic rights activists across the country, Navsharan was summoned under the PMLA and an attempt was made to intimidate and harass her in the name of an inquiry. Like the UAPA, PMLA also gives the government unrestrained powers to crush the democratic rights of any person,” Ugrahan said.
Navsharan was one of the leading supporters of the peasant struggle on the borders of Delhi, Ugrahan said. “Not only did she continue to participate in the Delhi sit-in, but she also made efforts to share the experience of the farmers’ struggle with people in different countries of the world,” he added.
“Navsharan is one of the leading intellectuals of the country raising her voice against the brutal fascist attack of the Modi government on the ordinary people. The nefarious attempts to silence the democratic voices in support of the working people must stop. We are standing firm with Navsharan. I call upon all sections of the people’s democratic movement in India to immediately raise their voice against this incident,” Ugrahan added.
Lachhman Singh Sewewala, general secretary of Punjab Khet Mazdoor Union (PKMU), said the questioning by ED officials was “an attempt to intimidate Navsharan and all the human rights activists”. “We fully support Navsharan as we value her contribution to public issues. The Union government should stop harassing intellectuals in the name of such inquiries,” Sewewala said.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of association, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Academic, WHRD
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- May 23, 2023
- Country
- India
- Initial Date
- May 2, 2023
- Event Description
At 5.15 am on May 2, the house of independent journalist Rupesh Kumar Singh at Ramgarh in Jharkhand was raided by a number of NIA officials.
He was not the only one. Damodar Turi, convener of the Vishthapan Virodhi Jan Vikas Andolan, Bacha Singh, general secretary of the Mazdoor Sangathan Samiti (MSS), and the Anil Hansda, Dinesh Tudu, Nageshwar Mahato and Sanjay Turi of Jharkhand Jan Sangharsh Morcha also saw their houses raided.
All these raids were done against the case RC-01/2022/ NIA/RNC under NIA Ranchi. In a press release, the NIA said that on May 2, raids were actually conducted at a total of 14 places in Jharkhand and Bihar. It has apparently seized “incriminating material, mobile phones, digital devices and bank accounts details.”
It was revealed that NIA officers reached activist Bacha Singh’s house at Bokaro Thermal, activist Dinesh Tudu’s house at Lalpania and Damodar Turi’s house at Tundi in Dhanbad. The NIA seized Damodar’s phone and some other documents from his house and asked him to come to NIA’s Ranchi office for questioning before May 8.
Rupesh Kumar Singh and Ipsa Satakshi
The NIA also seized Rupesh’s wife Ipsa’s phone, along with some books. An independent journalist, Rupesh has been in jail since the July 17, 2022. On April 9, NIA special judge Gurvinder Singh sent Rupesh to judicial custody till May 1.
The NIA has claimed Rupesh congregated with Vijay Kumar Arya, Rajesh Gupta, Umesh Chaudhary, Anil Yadav and others at Samhuta village under Rohtas police station on April 12, 2022, to collect funds for the banned Communist Party of India (Maoist) and to recruit members into it.
Rupesh has earlier said that on April 12-13, 2022, he was present at the Suresh Bhatt Auditorium, Nagpur, to participate in the programme organised by Vira Sathidar Smriti Samanway Samiti. He was also live on Facebook that day.
He has also said that he never even visited Rohtas and the closest he got to it was Kaimur on March 27, as a journalist, to cover a three-day rally during March 26-28, 2022, against the Kaimur Tiger Reserve by the Kaimur Mukti Morcha. The report he wrote was published on the web portal ‘Janchowk’ on March 29.
Since Rupesh has been in jail, his wife has been vocal. Ipsa said that for the last few months, she has been called in for questioning by different units of the Jharkhand Police. As many as 25 policemen and officials visited her house on May 2, she said.
“They seized my phone, some books and a few magazines. These books and magazines did not promote any illegal activity in any way and most of these are easily available in the public domain,” she added.
Damodar Turi
NIA also took the renowned Jharkhand civil rights activist Damodar Turi to the nearby police station in Dhanbad on the same morning following a three-hour raid. He was later released.
Damodar’s wife Baby Turi said she was in Ranchi while Damodar was in his village in Dhanbad when the raid took place. “Around six o’clock in the morning, the neighbours in village called me and told me that a large number of police officials had come to our house,” she said.
Damodar said only he and his mother were present at the house in Tundi when the NIA came, at 6 am.
“They confiscated my phone and some books. While they searched the house, they had my phone, and there were several times during the raid that my phone was not in my sight. After a few hours they routinely sealed my phone,” Damodar said.
He also said that the Union government wants to suppress every dissenting voice.
“Just on May 1, I gave a statement in a programme organised in Bokaro on the occasion of May Day. I spoke on how the government is working to suppress the voices of journalists and activists. The next day itself, the NIA raided my house. The state government too is silent on this wrong act by the Union government and is giving its full support. It is clear from this that even if both governments are of different parties, as soon as they come to power, the nature of both is to exploit the people,” he said.
Damodar is a notable Adivasi social worker who has been actively involved in the movement for Adivasi rights in Jharkhand.
He has been particularly vocal on the forced displacement of Adivasi communities as a result of the state’s huge dams and other infrastructure projects. Turi has also been involved in the Pathalgadi movement, which was begun by certain Adivasi communities in Jharkhand to demand their autonomy and self-rule.
Bacha Singh
Bacha Singh is a well-known labour rights activist in Jharkhand.
He said the NIA came to his house at 5.30 in the morning in large numbers. “They seized the letterhead of our labour union MSS and some union pamphlets,” he added.
“There are elections in 2024 not only in the Union but also in Jharkhand, that is why the government is targeting every person who is the voice of the poor and the labourers. It will not be surprising if later on some activists like us are put in jail under false cases,” he added.
In 2017, Singh was arrested by the Jharkhand Police on charges of sedition, after which his organisation MSS was banned. He was released on bail after a few months and the ban on MSS was also lifted last year. Earlier, MSS was a Jharkhand-based trade union. Satya Narayana Bhattacharya, an advocate, founded it in 1985 and registered it in 1989. The organisation strives to empower employees and preserve their rights, notably in Jharkhand’s mining and industrial sectors.
Jharkhand Jan Sangharsh Morcha members
Anil, Dinesh, Nageshwar and Sanjay are active members of the Jharkhand Jan Sangharsh Morcha, which is a newly formed umbrella organisation. It was founded in 2021 with the aim of fighting for the rights of the indigenous Adivasi population of the state. The organisation has been instrumental in highlighting the exploitation and discrimination faced by the Adivasi communities in Jharkhand and advocating for their socio-economic and political empowerment.
Their houses were also raided by the NIA.
- Impact of Event
- 7
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to life
- HRD
- Community-based HRD, Labour rights defender, Media Worker, Minority rights defender, NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 19, 2023
- Country
- India
- Initial Date
- Mar 29, 2023
- Event Description
The Lucknow police booked All-India Majlis-e-Ittehadul Muslimeen (AIMIM) leader Uzma Parveen for offering prayers at a public place in the city, officials said on Thursday. The matter came to light on Tuesday after Uzma Parveen’s picture went viral on Twitter, following which the police checked the genuineness of the post and registered the FIR. (Pic for representation) The matter came to light on Tuesday after Uzma Parveen’s picture went viral on Twitter, following which the police checked the genuineness of the post and registered the FIR. (Pic for representation)
She had posted a picture on social media while offering namaz outside the Hussainganj Metro station on Vidhan Sabha road here on Monday and wrote misleading facts that she offered namaz in front of the Vidhan Bhawan, said police.
The matter came to light on Tuesday after the woman’s picture went viral on Twitter, following which the police checked the genuineness of the post and registered the FIR with the Hussainganj police station in the matter.
DCP (central zone) Aparna Rajat Kaushik said the woman had falsely shown the place of offering prayers as Vidhan Bhawan, which was misleading. “Just to create hype on social media,” she added.
A case on charges of IPC sections 153A (promoting enmity), 200 (giving false information), 283 (obstruction of public way) and Section 66 of the IT Act has been registered against Uzma, said the DCP.
After the police action, Parveen tweeted in Hindi that a mountain is being made out of a molehill and alleged that the police were following media personnel in doing so. She further wrote on Twitter that she was just following her religion.
On August 24, 2022, a large gathering of people offered namaz under Chhajlet PS limits in UP’s Moradabad. According to the police, there was no mosque there, only two houses.
In July last year, six people were booked for offering namaz at Lucknow’s LuLu mall.
Ms. Uzma Parveen (28) is a social activist of Lucknow working on rights of women and minorities. She was awarded the City Corona warrior prize, certificate, ration material, and 11000 rupees cash by Municipal Commissioner Mr. Indarmani Tripathi during the Covid-19 lockdown for sanitizing 30 Temples, 25 Mosque, 5 Gurudwara, and 62 areas sanitized by Ms. Uzma Parveen. She was also an active member of peaceful protest at Ghantaghar Lucknow.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of Religion and Belief, Freedom of expression Offline
- HRD
- Freedom of religion/belief activist, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 14, 2023
- Country
- India
- Initial Date
- Mar 29, 2023
- Event Description
About the Human Rights Defender: Mr. Mahesh Sehni (39) is an nvironmental activist in Rajasthan. He is also actively involved in exposing illegal mining and has created a platform to oppose illegal mining. Details of the Incident: On March 29, 2023, around 12:30 pm, a team 4 people from Directorate General of Mines Safety (DGMS), Ajmer came to village Mahawa, Neem Ka Thana to investigate the heavy blasting. Mr. Mahesh Sehni also reached there to meet the team, with documental proof of the heavy blasting. However, Mr. Hansraj Gurjar who is alleged to be a part of the illegal mining mafia, was present there already with people with lathis. On seeing Mr. Sehni, the men kicked, slapped, assaulted him with sticks and threw him on the ground. Mr. Sehni was grievously injured. The villagers present managed to save Mr. Sehni’s life from Hansraj and his men. Then Mr. Hansraj threatened to kill Mr. Mahesh Sehni and wipe out his family if he got in the way of his mining activities. On March 29, 2023, around 04:00 pm, Mr. Mahesh Sehni went to Neem Ka Thana police station to register a complaint. At 06:43 pm an FIR was registered at Neem Ka Thana Sadar police station against Mr. Hansraj and unknown people under the sections 341- Punishment for wrongful restraint, 323- Punishment for voluntarily causing hurt, 427- Mischief causing damage to the amount of fifty rupees, 379- Punishment for theft, 506- Punishment for criminal intimidation and 34- Acts done by several persons in furtherance of common intention of IPC. However no further action has taken place after the FIR and no arrests have been made. No Medico legal examination was done by the police despite Mr. Sehni sustaining serious injuries. On March 29, 2023, itself, some citizens from Neem K Thana civil society handed over a memorandum to the Chief Minister of Rajasthan through the Sub-Divisional Officer regarding the assault on Mr. Sehni. They demanded that Mr. Mahesh Sehni and other social activists and public should be protected from the mining mafiosi Mr. Hansraj and action should be taken against him. The people have accused the police of not taking any action due to the mining mafia being connected to very powerful people.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death threat, Intimidation and Threats, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Environmental rights defender
- Perpetrator-Non-State
- Non-state
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- May 11, 2023
- Country
- India
- Initial Date
- May 7, 2023
- Event Description
The Uttar Pradesh Police on Sunday morning picked up activist and lawyer Mohammed Shoaib of the legal aid group Rihai Manch, a letter from his wife to the police said.
Shoaib’s wife Malka Bi alleges that he was taken away around 7.15 am by a group of police personnel who declined to share the information about the action.
Shoaib is the founder of the legal aid group Rihai Manch which works for marginalised communities. In December 2019, he was arrested in connection with protests against the Citizenship (Amendment) Act. He was granted bail on January 15, 2020.
A video of Shoaib being taken away from his house has also been shared by journalists on social media.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Right to liberty and security
- HRD
- Community-based HRD, Lawyer
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 8, 2023
- Country
- India
- Initial Date
- May 3, 2023
- Event Description
For a country that claims to support women empowerment, that has had a rich history of women led movements and resistance, the current heart breaking state of affairs with how India’s champion women wrestlers protest is being handled by authorities and police officers reflects a stark and contradictory reality. Over the past 10 days, the women wrestlers of India have been staging a protest at Jantar Mantar, New Delhi, against the Wrestlers Federation of India chief, Brij Bhusan Singh, alleging him of sexual harassment. Brij Bhushan Sharan Singh is also a Bharatiya Janata Party (BJP) MP from Uttar Pradesh.
Only last week, on April 28, the Delhi Police had told the Supreme Court that they will be filing an FIR based on the sexual harassment charges being levied by seven women wrestlers, including a minor, against the WFI chief. It is important to note here, the protesting wrestlers had to move to the Supreme Court seeking the registration of FIRs against Singh. While the said move by the Delhi police only after the women had approached the Supreme Court, was still seen as a ray of hope, the hardships, there has been no let up for the protesting women champions against the impunity enjoyed by a politically influential man in authority.
On May 3, late-night trouble erupted for women champions who have been camping here day and night, at Jantar Mantar. India’s women champion wrestlers were reportedly abused by Delhi Police officers. Several videos of the wrestlers have gone viral on social media, showing them being surrounded by a couple of cops who misbehaved with them. It is even claimed that male police officer pushed women wrestlers without any women officer being present and that two protestors have even been injured. A drunk cop, according to the wrestlers, misbehaved with them, hurled abuse at female wrestlers, and even manhandled them at the protest site. The wrestlers went live on their respective social media accounts to report the incident.
According to the wrestlers, the Delhi Police had physically stopped them from replacing mattresses that got wet due to rain, resulting in the scuffle. "The mattresses got wet due to rain, so we were bringing folding beds for sleeping, but the police did not allow that. Drunk policeman Dharmendra abused Vinesh Phogat and got involved in a scuffle with us," former wrestler Rajveer told PTI.
In one of the videos, Vinesh Phogat stated that the officers of the Delhi Police hit her brother on the forehead and that he was taken to the hospital for treatment. According to the wrestlers, two of them (Dushyant and Rahul) were injured on their foreheads during the commotion. According to Bajrang Punia, who has been supporting the women wrestlers in their fight since the beginning and has been a part of this protest, this whole commotion occurred as some female wrestlers attempted to bring cots to the protest site due to inclement weather in Delhi, but cops refused to let them. It was alleged by Vinesh that when they brought the planks and foldable beds, a lone drunk male policeman, “Dharmendra”, started pushing the wrestlers around, without any female policeman present.
While addressing media persons late at night, Vinesh said, "We went to collect some cots from our vehicles as it's all wet out here. Some cops stopped us and started troubling us. There was no female cop nearby and these male cops started pushing us. Who gave them permission to push female protesters?" Vinesh later asked, "We are being treated so badly for raising our voices. Is this the price of winning medals for the country? If this is the case then I pray no one wins medals..."If they wish to kill us, then let them shoot us," said Vinesh, who can crying inconsolably in the video uploaded by the PTI. "Did we win medals for the country to see this day? We have not even eaten our food. Does every man have a right to abuse women? These policemen are holding guns, they can kill us," an emotionally-drained Vinesh further said.
Sakshi Malik also said, "We are not going to leave this site till our last breath. The antics of Delhi Police are as if we are criminals. There is no respect for women in their eyes. We are not going to leave till we get justice."
"Where were female police officers? How can the male officers push us like that? We are not criminals. We do not deserve such treatment. The drunk police officer hit my brother," Bajrang Punia said while talking to reporters of PTI. Wrestler Bajrang Punia's wife Sangeeta, who is also a wrestler, said she was pushed around by policemen.
Later, Bajrang Punia urged his countrymen to come to Delhi in large numbers to support their protest. "This is my humble request to my countrymen. Please arrive in large numbers in Delhi. We are fighting for your daughters' dignity. Please join us here and show your support," the Tokyo Olympics medalist said, according to PTI.
Punia also exhorted farmers and members of the public to reach Jantar Mantar in their support. "I request everyone to reach Delhi by Thursday morning. This is the time. If not, then when? This is a question of the dignity of our daughters. People like Brij Bhushan are roaming freely despite being criminals and all this is happening to us," he said.
Delhi Police’s Justifications, denial of having beaten any protestors
Based on the official statement from Delhi's ruling Aam Aadmi Party (AAP), it was their decision to provide the protesting wrestlers with cots in view of the ongoing rainy spell in Delhi as rains continue to lash in the national capital. Senior AAP leader and MLA Somnath Bharti had said, "On the instructions of Chief Minister Arvind Kejriwal, we have decided to send foldable cots to the protest site. We hope that this small help will make this tough time a little bit easier for the wrestlers."
Meanwhile, the Delhi police claimed that it was because AAP MLA Somnath Bharti arrived at the protest venue with folding beds without permission that the “scuffle” took place. "Somnath Bharti brought folding beds to the protest site in Jantar Mantar. Since there was no permission, we didn't allow it, so some of the supporters of the protesting wrestlers tried to take out the beds from the truck and this led to an altercation..." Deputy Commissioner of Police (New Delhi) Pranav Tayal provided
"We have told the wrestlers to give complaint on their grievances and will take appropriate action...medical check-up of the Policeman on whom they've raised allegations, being conducted," DCP Tayal added further.
The police officers have now claimed that the protestors wrongfully restrained a police man after accusing him of being drunk. The police has also denied that the protestors were beaten.
Footage from the venue also showed the wrestlers arguing with uniformed Delhi Police officers. "CCTV cameras must be present. The footage will prove it," protesting wrestler Bajrang Punia told reporters after the claims made by the police, of not having beaten anyone. He also stated that Bharti was not present when the commotion occurred, and that the wrestlers had ordered the beds.
Following the scuffle between protesting wrestlers and police officers, the Delhi Police have tightened security around Jantar Mantar. Allegedly, a large police force has also been deployed on the scene, and the entire area has been barricaded. As provided by NDTV, the police have now sealed the protest site at Jantar Mantar, thereby stopping the regular flow of well-wishers who were coming to meet the protesting wrestler.
It is pertinent to note that the protesting wrestlers have been accusing the Delhi Police of a lack of support, claiming that the Police has been simply dragging its feet on the case because neither Singh nor the women who have complained of sexual harassment have been summoned for questioning.
Proceeding in the Supreme Court
On May 4, the Supreme Court heard the case today to take stock of the investigation and pass any required order regarding the security. It was reported by Solicitor General Tushar Mehta, who was representing the Delhi Police, stated that “proper security” has been provided to minor complainant. They further provided that an individual assessment of all petitioners was conducted by then, and while they found no threats, they have agreed to give the six complainant security with respect to protest. It was further also stated that that three armed police personnel were deployed in Jantar Mantar for the three who are stationed there and round the clock security is there for all the six. And on the watch of all these, the late night assault on May-3 and 4 takes place!
Significantly, senior advocate Hooda, representing the women champion petitioners mentioned clearly before CJI Chandrachud that the wrestlers had been heckled by drunk policemen at night, to which he replied that they can approach the jurisdictional courts and the Delhi High Court with this matter, and that the Supreme Court will not be hearing this issue!
Supporters detained, attempts to gag dissent
According to the Delhi police, three people have been detained following Wednesday's incident: AAP MLA Somnath Bharti, Rajya Sabha MP Deepender Hooda, and Delhi Commission for Women (DCW) Swati Maliwal. According to a video that have gone viral on social media, women Delhi police officers were shockingly seen dragging and lifting the DCW chief from the protest site in a police van. Meanwhile, in the video, Maliwal can be heard shouting, “Don’t touch me. This is completely wrong.”
After being detained by Delhi police in the late hours of May 3, Swati Maliwal arrived again at Jantar Mantar in the national capital on Thursday morning, May 4. Speaking to Republic, the DCW chief said, "Am I a terrorist? Why are Delhi Police officials troubling me and the wrestlers? They should arrest Wrestling Federation of India (WFI) chief Brij Bhushan Sharan Singh."
Around 15 others, who had reached the protesting site, have also been detained in a bus. AAP minister Saurabh Bhardwaj was also among those. Slogans of ‘jai jawan jai kisan’ and ‘Bharat Mata ki jai’ were also being raised by the protestors.
AAP minister Saurabh Bharadwaj had tagged Delhi L-G V.K. Saxena in a tweet, asking him to take note of the incident. “Please note Lt Governor Delhi. A Delhi Police officer attacked a wrestler at Jantar Mantar. It is alleged that the policeman was drunk. A medical test should be conducted and MLC of the victim should also be registered,” he wrote.
Journalist Sakshi Joshi also posted a video of her being manhandled and detained by the Delhi Police. In the video, she can be heard shouting at the officers that they are tearing her clothes and detaining her without any reason. She also showed her torn clothes in the video. She was then seen sitting in a police bus, and then was taken to the police station. Journalist Ajit Anjum has also posted a video on YouTube, providing his own narration of the situation that was present at Jantar Mantar. He provided that he had visited the protest site around 12.45 at night, after the Delhi police videos of manhandling the wrestlers had gone viral. When he reached the site, he saw that High level Delhi Police officers were also present at the side, and had barricaded the area, not even allowing journalists to pass. In his video, Ajit Anjun alleged the involvement of the Modi-led BJP government, as the police is under the control of the centre. He had also provided in his video that police could also be heard asking the protestors to vacate from Jantar Mantar. Ajit Anjum also alleged that supporting farmers were also not being allowed to enter the protest side.
While full throttled and government sanctioned attempts are being made to gag the protestors, independent media and any dissenters who are exercising their rights, Singh has been roaming free, declaring that all the complainants against have been manipulated or “paid”. The protesting wrestlers, according to him, were those who were at “Shaheen Bagh and the farmers’ protest”.
Response by the Wrestlers
According to News18, the protesting wrestlers have written to Union Home Ministry seeking strict action against officials responsible for the alleged manhandling of grapplers at the protest site on Wednesday night. In the letter, they have also sought permission to bring waterproof tents, beds, gym instruments, wrestling mats and sound system at the protest.
It has also been reported that the Aam Aadmi Party has called for a meeting of all MLAs, councillors and office bearers of AAP. The party will conduct a meeting on what transpired at Jantar Mantar on Wednesday night.
- Impact of Event
- 3
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Vilification, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to protect reputation, Right to Protest, Women's rights
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 7, 2023
- Country
- India
- Initial Date
- May 2, 2023
- Event Description
CASR vehemently condemns the raid on anti-displacement activist Damodar Turi, Jailed Journalist Rupesh Kumar Singh and Majdoor Sangthan Samiti (MSS) activists Bacha Singh, Nageshwar Mahto, and Sanjay Turi.
On 2th May 2023, NIA raided the houses of several activists in various places of Jharkhand. The series of raid started early morning around 5 am , with the first house being of Damodar Turi.There were almost 150 local police with NIA to carry out this raid. Journalist Rupesh Kumar’s house was also raided, despite him being currently in jail under UAPA case. During the raid, several belonging of activists were broken, books and phones were taken away.
This is not the first time that Mazdoor Sangathan Samiti (MSS) has been targeted. In 2018, MSS was illegally banned on the pretext of being a Maoist frontal organization. Following the ban, Damodar Turi, an anti displacement activist, was also arbitrarily arrested and slapped with UAPA for being a member of MSS. Where as Damodar Turi was never a member of MSS and had only once went to deliver a speech in MSS’s program. After 4 long years of legal battle, Ranchi High Court declared the ban on MSS as illegal and uplifted the ban. While Damodar Turi has been actively vocal against the corporate loot of people’s resources and their displacement, MSS has been active for over three decades in organizing contract workers in the coal mines of Dhanbad, Giridih and Bokaro. The organization has constructed a hospital at Madhuban, Giridhi for free medical assistance of poor and the workers. The resistance and pro people construction of an organized working class organization, which is presenting a people’s model of development, starkly in contrast to the corporate-state’s model of development based on resource loot and displacement, is a threat to the state’s narrative of portraying itself as pro development and the resisting forces as anti development. To crush this alternate idea of people’s power and people’s devolopment, the governments in power have used bans to outlaw opposition and dissent. This recent clampdown is also part of a larger attempt to crush those who dare to resist the Jharkhand government’s anti-people policies.
Journalist Rupesh Kumar Singh was also arrested in a frivolous case for this purpose only, as he has exposed the destructive impact of imperialist development on the people of Jharkhand, spoke against the foreign loot of country’s resources and displacement of adivasi people. He has also extensively worked on bringing to light, the conditions of working class in these regions of Jharkhand, dominated by mining giants. It is in the interest of these mining giants and corporate loot, that anti displacement activist, journalists and working class organization is being attacked. These activists have been targetted constantly because they challenge the regime’s anti people approach, be it the illegal displacement of tribals for corporate loot of resources or curbing the rights of workers. When Prime Minister gives a statement stating “ Pen wale aur bandook wale”- books also become a weapon and so does the brain. India has become a prison for any dissenting voice. And hence raids like this have become a norm in this fascist state. NIA is now an agent to curb any dissenting voice. These on going series of raids on activists is unquestionably a violation of the fundamental rights of activist.
A pattern of raiding and arresting is visible, either in the case of journalist Rupesh Kumar Singh or of other activists. We see the rise of reactionary and undemocratic methods of silencing peoples voices under this Brahmanical Hindutva fascist regime. There is an urgent need to forge a broader solidarity of all the democratic and progressive forces, the oppressed and exploited masses to stop these kind of blatant fascist attack and resist Brahmanical Hindutva Fascism.
CASR strongly condemns the raid on activists of MSS and Damodar Turi and calls upon all the democratic forces to stand in solidarity with struggling forces of Jharkhand.
- Impact of Event
- 5
- Gender of HRD
- Man
- Violation
- Raid
- Rights Concerned
- Right to healthy and safe environment, Right to privacy
- HRD
- Community-based HRD, Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 5, 2023
- Country
- India
- Initial Date
- Mar 22, 2023
- Event Description
On 22 March 2023, a court in New Delhi remanded human rights defender Khurram Parvez to the custody of the National Investigation Agency (NIA) for ten days in relation to a new case filed against him. Khurram Parvez has been incarcerated for over a year at the Rohini High Security Prison in New Delhi since his arrest under a separate First Information Report (FIR) on 22 November 2021. The latest case against Khurram Parvez was registered by the NIA in October 2020 following a raid at his office the Jammu Kashmir Coalition of Civil Society (JKCCS) alleging non-governmental organisations (NGOs) of serious offences including criminal conspiracy and terror funding. Khurram Parvez is the Chairperson of the Asian Federation Against Involuntary Disappearances (AFAD), a collective of 13 non-governmental organisations from ten Asian countries that campaign on the issue of enforced disappearances. He is also the Program Coordinator of JKCCS, which is a coalition of various campaign, research and advocacy organisations based in Srinagar, Jammu and Kashmir that monitor and investigate human rights abuses. He was recently awarded the prestigious Martin Ennals Award in February 2023. On 22 March 2023, Khurram Parvez was produced before a special NIA judge at the Patiala House court in New Delhi for the first time since his arbitrary arrest and detention on 22 November 2021 under a separate case. He was remanded to ten days of NIA custody along with Kashmiri journalist Irfan Mehraj, who was also arrested in the same case on 20 March 2023. The case First Information Report (FIR) No RC-37/2020, against Khurram Parvez and Irfan Mehraj was registered in October 2020 under Sections 120-B (criminal conspiracy) and 124-A (inciting disaffection towards government through words, signs, etc.) of the Indian Penal Code and the Unlawful Activities (Prevention) Act (UAPA) sections 17 (fund raising for terror activities), 18 (conspiracy to commit terror act), 22A & 22C (relating to offences committed by registered companies), 38 (offence relating to membership of a terrorist organisation), 39 (supporting a terrorist organisation) and 40 (raising funds for a terrorist organisation). According to a press release by the NIA on 21 March 2023, Irfan Mehraj was stated to be a close associate of human rights defender Khurram Parvez. Front Line Defenders was reliably informed that the NIA interrogated Khurram Parvez for two consecutive days in the Rohini High Security Prison in New Delhi the week previous. They had threatened him with arrest in relation to this case from October 2020, and with arrests of his other colleagues and associates. There is a very serious risk of other human rights defenders associated with JKCCS being targeted as reprisal for their links to Khurram and peaceful human rights work. Khurram Parvez’s arbitrary arrest and detention in November 2021 was widely condemned by UN experts and human rights organisations. On 22 November 2021, the NIA raided Khurram Parvez’s house and office for approximately 14 hours, seizing his and his family members’ laptops, mobile phone, and books. After the raid, he was arrested by the NIA on the basis of a FIR lodged on 6 November 2021. Khurram Parvez was charged under the Indian Penal Code and the UAPA. On 13 May 2022, the NIA filed a preliminary charge sheet before the NIA Special Court in New Delhi and accused Khurram Parvez of “running a network of over ground workers of the Pakistan-based armed militant organisation Lashkar-e-Taiba (LeT), for furthering activities of LeT and to commit terrorist attacks in India”. His detention has been extended at least five times by the NIA Special Court in New Delhi under Section 43D(2)(b) of the UAPA, which allows for the extension of the detention period for up to 180 days if the investigating agency is unable to complete the investigation of a case within a 90-day period. Indian authorities have repeatedly targeted the human rights defender for his work in Kashmir. In 2016, he was detained for over two months and blocked from travelling to the United Nations Human Rights Council in Geneva. Front Line Defenders strongly condemns the continued persecution of human rights defender Khurram Parvez including his ongoing incarceration and the fresh case under UAPA brought against him in 2023. Front Line Defenders is deeply concerned about the increasing harassment of activists and journalists in Kashmir and calls on the authorities in India to immediately and unconditionally release Khurram Parvez and quash the fabricated charges against him.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Community-based HRD, Minority rights defender
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Date added
- May 1, 2023
- Country
- India
- Initial Date
- Apr 18, 2023
- Event Description
Through this letter, I want to attract your immediate attention to a case of intimidation and harassment by the state agencies on a Human Rights Defender (HRD), Mr. Arkadeep Goswami aged about 28 years, S/o Mr. Madan Gopal Goswami, a resident of 158/2, Parui Kancha Road, Kolkata 700061 in the state of West Bengal. This intimidation and harassment by the state agencies upon the HRD is probable infringement of his right to liberty and freedom of expression.
Since 18 years of age, Mr. Arkadeep Goswami has been active in Socio-political movements. He was a student activist during his college days. He was an executive member of All India Council for Student Struggles. In 2017 he was a member of ‘All India University Students Fact Finding Team on Fake Encounters’ and few other national consolidations. In 2014 he associated in ‘Hok kolorob’ movement, From 2016 to 2018 he joined in the movement called ‘Justice for Rohith Vemula’. Mr. Goswami always stands for the human rights of the people in the country and raises his voice against the extremist and fascist politics.
In the year 2018 when Mr. Arkadeep Goswami did fact finding on the political prisoner in the West Medinipur district in the state of West Bengal, the state government charged him in a fabricated case vide Goaltore Police Station case number 220/2018 dated 13.11.2018 under section 149 (Unlawful assembly) /120B (Criminal conspiracy) /121 (Waging war against the Government) /121A (Conspiracy to commit offence u/s 121) /123 (Concealing with intent to facilitate design to wage war) /124A (Sedition) of Indian Penal Code. It is a fact that after passing the four years’ time, the police failed to submit charge sheet against Mr. Goswami.
In the year 2022, when Mr. Goswami used to stay at Bolpur in Birbhum district of West Bengal with his wife, on 24th April, 2022, he was kidnapped by some officials of Special Task Force (STF) and Counter Insurgency Force under the instruction of the then-Superintendent of Police, CIF, Durgapur Range, and was taken illegally almost 200 KM far to the Barikul PS and slapped with a fabricated case vide Barikul Police Station case number 04/2022 dated 27.01.2022 under section 148 (rioting, armed with deadly weapon) /149 (Unlawful assembly) /120B (Criminal conspiracy) /121 (waging war against the Government) /121A (Conspiracy to commit offence u/s 121) /122 (Collecting arms with intent to wage war against the Government) /123 (Concealing with intent to facilitate design to wage war) /124A (Sedition) of Indian Penal Code of sedition. During the time of apprehension no memo of arrest was prepared and no legal formalities were not followed by the personnel of that state agency. Till date no charge sheet was submitted by the police against Mr. Goswami in connection with this case.
Mr. Arkadeep Goswami is now working as a freelance journalist and also working with a reputed human rights organization in the country, Banglar Manabadhikar Suraksha Mancha (MASUM). As his voice sometimes goes against the establishment, he has been systematically targeted and charged with fabricated cases. These repeated incidents are violating his Constitutional rights as a citizen and also as a Human rights Defender.
Now, On 18.04.2023, while he was at the office of Banglar Manabadhikar Suraksha Mancha (MASUM), two suspicious people, one told his name as Sandipan Mondal, gave a visit to his house placed at 158/2, Parui Kancha Road, Kolkata, around 3 O'clock in the afternoon. They told his parents that they are the friends of Mr. Goswami and want to talk to him about some unspecified things. They asked his mother to call him and when his mother called Mr. Goswami, they questioned about his whereabouts incessantly. Upon asking their identity and address, they didn't come up with any satisfactory answer. Later, they repeatedly asked Mr. Goswami by which time he will return home. When Mr. Goswami refused to divulge any information to them, they said, "So you won't talk to us? Okay, we will see you.” The man identified himself as Sandipan Mondal. Mr. Arkadeep Goswami categorically doesn't have any friends or acquaintances by this name (Sandipan Mondal) but that person also told him that they met Mr. Goswami at Barikul Police Station, last year, when he was there in police custody on a fabricated charge. Mr. Goswami informed that he had not met anybody else during that time apart from officials from different state agencies.
The voice which he heard in phone call and physical appearance of the person which he was informed by his mother, from that Mr. Goswami identified that in yesterday's call was similar to one of those kidnappers associated with intelligence branches (state agencies) when he was fabricated with false charges in Barikul Police Station.
Mr. Goswami apprehended that the person from the state agencies tried to apprehend him and therefore they intimidate and harass him continuously without any reason. As he is now involved himself as human rights movement which raises voice against human rights violation by the state apparatus, he has been targeted planfully.
The incident also violates the rights guaranteed in Article 19 (i) (a) (Freedom of speech) and Article 21(Right to life) of Indian Constitution. The incident also violates the Govt. of India's obligation to adhere to the United Nations' declaration on Human Rights Defenders (General Assembly Resolution A/RES/53/144) that obliges the government to protect, promote and implement human rights within the country.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member MASUM
- Monitoring Status
- Pending
- Date added
- Apr 25, 2023
- Country
- India
- Initial Date
- Apr 9, 2023
- Event Description
On 9 April 2023, human rights defender Pranab Roy was physically assaulted by officers of the Border Security Force (BSF) while returning from his agricultural land in North 24 Parganas District of West Bengal. The officers severely beat the defender, threatened to file false criminal cases against him and repeatedly said that he was being targetted due to his human rights work. The following day, 10 April 2023, Pranab Roy filed a complaint against the BSF with the Sutia Police out post Police recorded his complaint but refused to give him a copy of the First Information Report (FIR) as required by law. To date no action has been taken against those responsible and named in the FIR. Pranab Roy is a human rights defender, activist and farmer in the Barnaberia village of North 24 Parganas District in West Bengal. He is the organiser of Amra Simantabasi (“We, the border residents”) a community organisation that advocates for socio-political issues faced by people residing close to the India-Bangladesh border. The human rights defender Pranab Roy has been vocal for the rights of the local community and against the arbitrary restrictions imposed on them by the BSF. In 2023, the human rights defender organised a campaign to protest against the illegal land grabbing of approximately 600 acres of land in North 24 Parganas by the BSF. On 9 April 2023 around 5 PM, Pranab Roy and his father were stopped by BSF officers from the 105 Batallian posted at the Barnaberia Border outpost and two soldiers while returning from their agricultural land. The officers asked Pranab Roy a few questions and without warning started beating and slapping him. They kicked him and hit him with wooden rods and dragged him towards the river. The officers also threatened Pranab Roy with implicating him under false charges of smuggling items across the Bangladesh border or of being an undercover agent for Bangladesh. The BSF officer said that he was punishing Pranab Roy for his human rights work in the village against the interests of the BSF. The BSF is a paramilitary force posted at the India-Bangladesh border and is under the direct control of India’s Ministry of Home Affairs. They have been accused of widespread human rights violations against the local community and reprisals against human rights defenders. After severely assaulting Pranab Roy, the BSF officer forced him to sign a false confession stating that he was detained by the BSF for returning home late at night and was not tortured in any form. The human rights defender recieved treatment for his injuries at the local hospital and the doctor who examined him noted “traumatic bruises” on his body. The following day, on 10 April 2023, Pranab Roy submitted a written complaint at the Sutia Police outpost against the BSF personnel. While the police accepted the written complaint, they did not confirm whether a formal complaint has been lodged in the form of a FIR and did not give the defender a copy of the FIR as required by the Criminal Procedure Code. Front Line Defenders strongly condemns the violence inflicted on human rights defender Pranab Roy by BSF personnel as it believes it to be a reprisal against his legitimate and peaceful human rights work. It is also concerned that the police refused to provide a copy of the FIR, in violation of the provisions of India’s legal obligations. Front Line Defenders urges the relevant authorities in India to ensure the safety and security of Pranab Roy and bring the perpetrators to justice in accordance with international human rights standards.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 25, 2023
- Country
- India
- Initial Date
- Mar 24, 2023
- Event Description
As a repercussion, Delhi University (DU) debarred two students for a year for screening the controversial BBC documentary on Gujarat Riots. The move has not gone down well with the student community, which organised a mass sit-in protest today, March 24. However, the situation went further downhill with police appearing on the scene.
"Students gathered at Arts' Faculty against the arbitrary notice debarring two students have been brutally beaten, manhandled and detained," says Anjali, Secretary, DU unit of All India Students' Association (AISA). She tells that as the students started to speak on the "arbitrary" debarring notice, police, guards and CRPF personnel arrived and took the students away.
About 20-25 students have been detained at the Burari police station, the student informed. "We will not be silenced by such measures. To protect our campus democracy, dissent will continue until this notice is withdrawn," she added.
Speaking about what led to today's protest, DU AISA president Manik Gupta said they got to know about the students being debarred from media reports. "The university did not communicate anything in writing to the students. After the order was issued we went to the Proctor for clarification and submitted a memorandum, demanding that the action taken against the students be revoked," he said.
"Thrashing such punishment will not only be bad for the democratic environment of the campus but will also severely affect the concerned students," the document says. However, the Proctor did not listen to the students, they claim, but were told notices would be issued. the meeting took place on Tuesday, March 21 and the said notices were issued on March 22.
The students organised a protest march after this on the same day, in front of the Arts' Faculty, demanding that the notices be taken back. But when nothing such happened, they decided on the sit-in protest, which they had planned to continue indefinitely.
According to a report by PTI, various student groups screened the documentary on January 27. On March 17, DU took action against 8 students, including the two debarred students, Ravinder and Lokesh Chugh. The other six students were doled out a "less strict punishment", as mentioned in a memorandum issued by the university. Manik informs that these students were asked to submit apology letters to the administration.
Nonetheless, they are irked over the varsity's stand. "The documentary was not banned. As a democratic campus, students should be free to pursue any activity of their choice. Barring students is not just," the president says with concern. The student also raises questions about how the whole exercise was carried out.
"We went to meet the Proctor with Ravinder, but he was not recognised. How can a student be debarred and not recognised? It is a huge deal, after all! Next, the media reports quoted the university's statement that Ravinder belongs to Law. But he is a student of Philosophy!" Manik says in a distressed tone.
Asked why action was taken against these particular students, he said, "I feel they were randomly chosen. I have spoken to Lokesh, who is a PhD scholar, and he asserts that he wasn't even present at the screening." The student body representative adds a committee was set up to look into the screening incident, but the inquiries were conducted by it in a highly arbitrary fashion.
With these instances, topped with today's detention incident, the students seem to be planning another protest. "AISA Calls upon students of DU to unite against the onslaught on dissent and democracy! Take back this draconian diktat," states a press release from DU AISA. Other student groups, including the Krantikari Yuva Sangathan (KYS) and Students' Federation of India (SFI), have shown solidarity and condemned the university's stand.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 24, 2023
- Country
- India
- Initial Date
- Feb 19, 2023
- Event Description
Neha Singh Rathore has been served police notice to which she will have to reply within three days. In the notice, she has been asked whether it was her in the video and whether she herself uploads the videos on her channels. Who wrote the scripts and whether she stands by those words -- the notice asked.
Neha Singh Rathore of 'UP Mein Ka Ba' fame has been served a notice by the Kanpur Police on Tuesday night for allegedly inciting hatred through her song video. Neha Singh Rathore's U Mein Ka Ba was released ahead of the Uttar Pradesh Assembly election 2022, after the success of his Bihar mein Ka ba in 2020. On February 16, the singer released the second part of UP Mein Ka Ba regarding which the notice has been served on her asking whether she wrote the lyrics of the songs.
The singer shared a video of her receiving the notice. "Who is making you do all these?" the singer said to the cops as she received the notice. Delhi deputy chief minister Manish Sisodia called the move by the Uttar Pradesh police shameful and said, "Is the BJP so scared of the voice of a folk singer?" Samajwadi chief, former UP chief minister Akhilesh Yadav also reacted to the police notice to Neha Singh Rathore.
The latest song of Neha questions the government over the death of two women in a bulldozer drive in Kanpur Dehat -- one of the latest political controversies.
In the notice, Neha Singh Rathore has been asked several questions regarding her social media channels. She has been asked to verify it was her in the video apart from details like whether she herself uploaded the video. In another question, it has been asked whether the lyrics of the songs are written by her and whether she stands by those lyrics. "If you have not written the lyrics, then has the lyricist taken your permission?" the police notice said. It asked the singer if she is aware of the "adverse impact" of the video on society.
"This song has created enmity and tension in society, and you are legally bound to make your stand clear on the issue. So, you are required to file your reply within three days of receiving the notice," the UP Police's notice read.
"In case, the reply is not found satisfactory. If your reply is not found satisfactory, then a case will be registered under the relevant sections of IPC and CRPC, and proper legal investigation will be carried out," it added.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Artist, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 24, 2023
- Country
- India
- Initial Date
- Mar 18, 2023
- Event Description
On March 18, 2023, police in the Indian state of Haryana arrested Jaspal Singh, a TV journalist who reports part-time for the local broadcaster News18 Haryana, from his home in the city of Ratia, according to news reports and Rajesh Kundu, editor of the news website The Ink, who is familiar with the case and spoke with CPJ by phone.
Police arrested Singh after a first information report was filed earlier that day by the Ratia Sadar police station in the state’s Fatehabad district, which opened an investigation into Singh and an unnamed journalist based on a complaint by the son of a local official, according to those sources and a copy of the report reviewed by CPJ.
Sumit Kumar, the son of Lakshman Napa, a member of the Haryana legislative assembly with the ruling Bharatiya Janata Party, filed that complaint, accusing the two journalists of defaming his father’s “political image” through their alleged false posts on two WhatsApp groups claiming the lawmaker was involved in illegal gambling activities and questioning why police had not apprehended him.
Kumar also accused Singh of targeting his father because the legislator belongs to a vulnerable caste group protected under Indian law. Although the complaint notes that the posts were widely distributed, CPJ was unable to review the posts, which were published in two private WhatsApp groups with around 400 members.
Singh regularly posts political commentary in those groups in his individual capacity and as a journalist, Kundu said.
Kundu told CPJ that he believes Singh was targeted for being a journalist, as other members posted the same allegations but only Singh and the unidentified journalist were mentioned in the complaint.
The first information report says that Singh is under investigation for extortion, defamation, transmitting obscene material in electronic form, and attempting to promote feelings of enmity, hatred, or ill-will against members of scheduled castes or tribes. Each offense can carry a punishment of two to five years’ imprisonment and an undisclosed fine.
Promoting feelings of enmity, hatred, or ill-will is a non-bailable offense, therefore requiring Singh to apply for bail at the Fatehabad District and Sessions Court rather than the lower court where his case was heard on March 19, Kundu told CPJ. Kundu told CPJ he did not know when Singh would be able to present his application for bail at the district and sessions court.
Kundu said he believed Singh’s arrest was excessive and had sent a chilling message to local journalists to refrain from critically reporting on elected officials.
CPJ messaged Kumar, Napa, and Fatehabad Police Superintendent Astha Modi for comment but did not receive any responses.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of expression Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 19, 2023
- Country
- India
- Initial Date
- Mar 12, 2023
- Event Description
Authorities in the Indian state of Uttar Pradesh should drop any investigation launched in retaliation for journalist Sanjay Rana’s work and allow him to report freely and safely, the Committee to Protect Journalists said Friday.
At around 2 p.m. on Sunday, March 12, police in Uttar Pradesh arrested Rana, a 19-year-old reporter for the privately owned newspaper Moradabad Ujala, from his home in the Budh Nagar Khandwa village of Sambhal district, according to multiple news reports and the journalist, who spoke with CPJ by phone.
He was released on bail Monday evening, according to those sources.
The Chandausi police station in Sambhal filed a first information report dated March 12, which opened a criminal investigation into the journalist on the basis of a complaint by Shubham Raghav, a local leader of the ruling Bharatiya Janata Party’s youth wing, who alleged that Rana was “fake journalist,” disrupted government work, and assaulted and threatened him at a political event in Budh Nagar Khandwa on March 11.
Rana denied all wrongdoing and said that the arrest and investigation were launched in retaliation for his work. Raghav told CPJ by phone that he stood by the allegations in his complaint.
“The arrest and investigation of journalist Sanjay Rana appear to be retaliatory measures aimed at silencing his critical questioning of a state official,” said Beh Lih Yi, CPJ’s Asia program coordinator. “Authorities must immediately drop any investigation brought against Rana in retaliation for his work and ensure that journalists can work without fear of reprisal.”
The first information report says that Rana is under investigation for violating sections of the penal code pertaining to voluntarily causing hurt, intentional insult with intent to provoke breach of peace, and criminal intimidation.
At that March 11 event, Rana questioned Gulab Devi, a BJP member in the Uttar Pradesh legislative assembly and state minister for secondary education, about her alleged failure to deliver on her electoral promises regarding development projects in Budh Nagar Khandwa. The journalist told CPJ that he believed the case was retaliation for those questions.
During his arrest, officers grabbed Rana by the collar, slapped him, and tied his hands with a rope, the journalist told CPJ. He was originally held in the Baniyakhed police station, outside the jurisdiction where he lives.
Rana’s editor and lawyer, Dharmendra Singh, told CPJ in a phone interview that he and Rana’s family spent Sunday night frantically searching for the journalist before he was transferred to Chandausi police station the next morning.
Police arrested Rana under a clause of the criminal procedure code allowing for authorities to conduct arrests without a warrant in the cases of more serious crimes, known as cognizable offenses; however, the offenses listed in the first information report concerning his case are all non-cognizable, according to those news reports and a Delhi-based lawyer familiar with the case, who spoke with CPJ on the condition of anonymity due to fear of reprisal.
CPJ called and messaged Devi and Sambhal Police Superintendent Chakresh Mishra for comment, but did not receive any replies.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 19, 2023
- Country
- India
- Initial Date
- Mar 20, 2023
- Event Description
National Investigation Agency of India on Tuesday said that it has arrested a Kashmiri journalist in connection with an NGO-militancy case in the Srinagar district.
In a statement to GNS, the NIA said, “Following comprehensive investigations into the NGO militancy funding case registered in October 2020, the National Investigation Agency arrested Irfan Mehraj from Srinagar yesterday (20, 03, 2023). Irfan Mehraj was a close associate of Khurram Parvez and was working with his organization, Jammu and Kashmir Coalition of Civil Societies (JKCCS). Investigation revealed that the JKCCS was funding militant activities in the valley and had also been in the propagation of secessionist agenda in the Valley under the garb of protection of human rights.”
The spokesman further stated that the involvement of some Valley-based NGOs, trusts and societies in the funding of militancy-related activities is being probed in this case.
“Some NGOs, both registered as well as un-registered, have come to notice collecting funds domestically and abroad under the cover of doing charity and various welfare activities, including Public Health, Education etc. But some of these organisations have developed links with proscribed militant organizations, such as Lashkar-e-Toiba (LeT), Hizbul Mujahideen (HM), etc,” reads the statement.
Irfan was formerly a researcher with Khurram’s human rights organization Jammu Kashmir Coalition of Civil Society.
The LinkedIn profile of Irfan Mehraj reads: “I am an independent journalist and researcher based in Srinagar, Jammu and Kashmir (India). My work has appeared in TRT World, Indian Express, The Caravan, Kashmir Life, Kashmir Reader, and Greater Kashmir among others.”
Earlier, Suchitra Vijayan, the author of ‘Midnight’s Borders’ tweeted, “Kashmiri journalist Irfan Mehraj was arrested by the National Investigation Agency under draconian UAPA in Srinagar today. He has been moved to Delhi,” she said adding that Irfan is a reporter and the founding editor of Wande Magazine.
Quoting Irfan’s father Mehraj-ud-Din Bhat, The Wire report said, NIA had called the journalist to appear in its office at Church Lane Srinagar on March 20. He was out on a professional assignment when he received a call. He was told to come over to their office for five minutes. Later, he said, they came to know that Irfan had been arrested and was going to be shifted to Delhi today.
“My son is innocent. His work speaks for him loudly. I have full faith that truth will prevail and he will get justice,” the report quoted Bhat as saying.
Besides Irfan, three journalists from Kashmir Fahad Shah, Asif Sultan and Sajad Gul are among five journalists in India who are currently facing detention under various sections of the law.
Journalists, Siddique Kappan of Kerala and Manan Dar of Kashmir, who were also mentioned in the Committee to Protect Journalists (CPJ) December 8, 2022 report, were released on bail recently. Dar was released on January 2, 2023, and Kappan on February 2, 2023.
Dar was arrested on 22 October 2021 for over a year, and Kappan was released 28 months after he was arrested, along with three others, near Mathura while going towards Hathras, where a Dalit girl had been raped and killed by Hindu men.
Earlier in 2021, the New York-based international press freedom watchdog called upon the Indian government to drop investigations into the work of Kashmiri journalists and allow them to report without “harassment, intimidation, and criminal investigations.”
Meanwhile, reacting to the Irfan’s arrest, former Chief Minister of Jammu and Kashmir Mehbooba Mufti said that draconian laws like the Unlawful Activities (Prevention) Act or UAPA are being “abused constantly” to ensure that the process itself becomes the punishment.
Mehbooba tweeted: “While conmen are given a free run in Kashmir, journalists like Irfan Mehraj are arrested for doing their duty by speaking the truth. Draconian laws like UAPA are abused constantly to ensure that the process itself becomes the punishment, (SIC).”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 30, 2023
- Country
- India
- Initial Date
- Mar 9, 2023
- Event Description
The Network of Women in Media, India (NWMI) issued a statement on Monday condemning the online harassment of Dalit writer and activist Shalin Maria Lawrence. "Shalin has been facing high-volume targeted harassment on Twitter as well as Facebook over the past year, specifically from handles associated with the Dravida Munnetra Kazhagam (DMK) and the Bharatiya Janata Party (BJP)," says the NWMI statement.
The statement describes the degree of harassment and trolling faced by Shalin who raises awareness about caste-related atrocities in Tamil Nadu on social media. "However, rather than engaging in introspection or at least combating her with facts, figures, or ideas, they have taken to coordinated attacks, bombarding her with demeaning language including casteist slurs, body shaming her, slurs based on her religion, and making scurrilous charges against her character and integrity. They have also targeted her close family members," the statement says.
"Shalin’s refusal to be silenced comes at a great cost to her physical and mental health," the statement says, going on to add: "The toll of such violence on the mental health of women journalists cannot be calculated. Many women journalists engage in self-censorship to avoid being subjected to such assaults online. The result is only a weaker democracy in which views that could be valuable are silenced."
In light of the NWMI's statement, journalists and activists have taken to social media to express solidarity with Shalin.
"I've followed Shalin on Twitter & the only time I heard her speak at a meeting I was moved by her passion. Political discourse on social media is reaching absurdly new levels on misogyny. Abusing someone for calling out atrocities shows the extent of rot," tweeted Tamil writer and activist Meena Kandasamy.
Journalist Dhanya Rajendran along with singers Chinmayi and TM Krishna also tweeted in support of Shalin.
Shalin is a Tamil writer and activist, author of 'Sandaikaarigal' and 'Vadachennaikari', and an active voice in the anti-caste and gender quality discourse in Tamil Nadu.
"The DMK's IT wing and bots are continuously abusing and trolling me. This is crossing all limits. I feel like quitting everything. The emotional torture is unbearable and cruel. This is life-threatening," Shalin said in a recent tweet. Shalin had also tweeted on March 9 about the turmoil she is undergoing because of the continuous online harassment. The writer had tagged the Twitter handles of the Tamil Nadu Police and the Tamil Nadu Chief Minster.
The NWMI statement also says that Shalin is not the only one being targeted this way. "A global survey by the International Centre for Journalists and UNESCO in 2020 found that nearly three out of four women journalists had experienced online violence," it says, demanding that the leaders of the parties tell their supporters and cadres to stop harassment against Shalin and other women.
The statement asks the DMK and the BJP to send a "strong message to their supporters that the harassment of women writers, journalists, and activists cannot be tolerated, let alone permitted".
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Online Attack and Harassment, Vilification
- Rights Concerned
- Freedom of expression Online, Right to healthy and safe environment, Right to protect reputation
- HRD
- Media Worker, Minority rights defender, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Mar 28, 2023
- Country
- India
- Initial Date
- Jan 24, 2023
- Event Description
About the Human Rights Defenders: Mr. Akhilesh Sahu and Mr. Vijaylal Markam are journalists from Balrampur district in Chhattisgarh. Mr. Sahu works with the news portal Chhattisgarh Express News,and Mr. Markam freelances for portals like TP News and Khabar Bharat. Both journalists have extensively covered issues like corruption, pilferage and injustice in rural areas, and have faced reprisals in the past. Mr. Markam was arrested and jailed for eight months under fabricated charges before he was granted bail by the High Court in December 2022.
Details of the Incident: On January 23, 2023, journalists Mr. Akhilesh Sahu and Mr. Vijaylal Markam visited the Shankarpur Primary School in Balrampur district on a reporting assignment.They published a video report the same day which showed that students were sitting on the ground in front of the school building for their lessons, and the school building and toilets were locked.
In the report, the head teacher of the school Mrs. Sunita and another teacher Mr. Vijay failed to provide any answers regarding when the facilities would be available.
On January 24, 2023, at 5:30 PM, an FIR (20/2023) was registered against journalists Mr. Akhilesh Sahu and Mr. Vijaylal Markam at the Raghunath Nagar Police Station, under Sections 294 (obscene acts or words in public), 34 (common intention), 384 (extortion), 504 (Intentional insult with intent to provoke breach of the peace), and 506 (criminal intimidation) of the Indian Penal Code.
The complainant in the case was Ms. Sunita Singh, the head teacher of Shankarpur primary school. She alleged that on January 23, when the journalists visited the school for the reporting assignment, they drove their car recklessly, parked in front of the school gate, abused and threatened her and demanded a ransom.
Following the publication of the news report on January 23, 2023, the husband of Ms. Sunita Singh and Tendu Patta Prabandhak (government official who oversees the procurement of tendu leaves) of Raghunath Nagar Mr. Fulsay Ayam called Mr. Sahu and abused the journalists for undertaking the reporting assignment. He also threatened to capture and assault the journalists on a busy road, in full public view.
Subsequently, the journalists Mr. Sahu and Markam released the audio recording of this phone onversation on social media, which brought much disrepute to tendu patta prabandhak Mr. Fulsay Ayam and head teacher Ms. Sunita Singh.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
Case shared with FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Mar 18, 2023
- Country
- India
- Initial Date
- Mar 7, 2023
- Event Description
About the Human Rights Defender: Mr. Rabin Das is a journalist based in Bhuban block of Dhenkanal district. He works with the Odia daily Sambad, and has extensively reported on illegal mining, corruption and pilferage in rural Odisha.
Background of the Incident: On February 19, Mr. Rabin Das published a story in the Odia daily Sambad regarding corruption worth Rs. 13 lakh in the MGNREGA programme in Bhuban block. Mr. Das’s report detailed how payments for the said amount was made in the name of hundreds of workers although no work was undertaken on ground.
On February 20, 2023, one day after Mr. Rabin Das exposed the major scam in MGNREGS through his reportage, two FIRs were registered against him at the Bhuban Police Station in Dhenkanal district.
The complainant in the first FIR (49/2023) was Mr.Lambodar Malik,resident of Ektali gram panchayat in Bhuban block. In the complaint, he claimed that Mr. Rabin Das owed him some money, but when he asked Mr. Das for the same at around 2 PM on February 20, Mr. Das abused him in casteist terms, attacked him and threatened to kill him. Mr. Das was charged under Sections 341, 294, 323, 307, 506 IPC, Sections 3 of SC/ST Prevention of Atrocities Act. Mr. PK Dey, SDPO was designated as Investigating Officer in the case.
The complainant in the second FIR (50/2023) was Litua Patra, of Balibo gram panchayat in Bhuban block.In the complaint, he claimed that Mr. Rabin Das owed him some money, but when he asked Mr. Das for the same at around 5 PM on February 20, Mr. Das abused him in casteist terms, attacked him and threatened to kill him. Mr. Das was charged under Sections 341, 294, 323, 506 the Indian Penal Code and Sections 2 and 3 of the SC/ST Prevention of Atrocities Act. Mr. PK Dey, SDPO was designated as Investigating Officer in the case.
Details of the Incident: At around 11 AM on March 7, 2023, Mr. Das was buying medicines at Chanchala medicine shop in the Kali Bazar market area of Bhuban village, when he was approached by four policemen. The policemen – all in uniform and wearing name tags – were led by the Officer in Charge of Bhuban Police Station, Mr. Saubhagya Swain, who told Mr. Das that he was being arrested as there were cases under the SC/ST Prevention of Atrocities Act against him.
The policemen forcibly arrested Mr. Das from the spot without showing any arrest warrant, or providing details of cases against him, or allowing him to contact his family and/or lawyerviolating multiple DK Basu guidelines of arrest and detentionas directed by the Honourable Supreme Court.
The policemen alsoparaded Mr. Das through the Kali Bazar market area for over one hour, with the Officer in Charge Mr. Swain asking him aloud where he had hidden the ganja. Mr. Swain also made a video of the parade before taking him away to the Bhuban police station.
On Match 07, 2023, Mr. Rabin Das was produced in court and remanded to judicial custody. He is currently lodged in Kamakshyanagar sub-jail. His family members and colleagues fear he may be falsely implicated in other additional cases.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
Case shared with FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Mar 18, 2023
- Country
- India
- Initial Date
- Feb 26, 2023
- Event Description
Authorities in the Indian state of Uttar Pradesh must thoroughly investigate the shooting of journalist Devendra Khare and hold those responsible to account, the Committee to Protect Journalists said Thursday.
At about 7:30 p.m. on February 26, two masked men shot at Khare, a reporter for the privately owned Hindi-language broadcaster News1India, at his office in the Chandpur Balu Mandi area of the city of Jaunpur, according to multiple news reports and the journalist, who spoke to CPJ by phone. He was injured in his stomach and right hand and remained hospitalized in stable condition as of March 2, he said.
Khare told CPJ that he believed the attack was retaliation for his February 15 reporting on an alleged assault by the brother of a local political leader.
“The shooting of Devendra Khare underscores the precarious conditions that journalists work under in India,” said Beh Lih Yi, CPJ’s Asia program coordinator. “Uttar Pradesh authorities must swiftly hold the perpetrators accountable and take action to guarantee the safety of journalists throughout the state.”
On February 15, Khare broadcast a news story on News1India alleging that Rituraj Singh, brother of the president of the ruling Bharatiya Janata Party’s Jaunpur district branch, had assaulted a fellow right-wing politician, according to those news reports.
On February 18, two of Singh’s associates threatened the journalist at his office, warning him not to report further on the incident, Khare told The Print and CPJ.
Jaunpur police opened an investigation into the shooting, accusing Singh and unidentified individuals of attempted murder, criminal intimidation, and criminal conspiracy, according to those news reports. Khare told CPJ that he had not been informed of any arrests in the case as of March 2.
CPJ texted Jaunpur Circle Officer Kuldeep Kumar Gupta for comment but did not receive any replies. CPJ was unable to find contact details for Singh.
Previously, on February 6, journalist Shashikant Warishe was killed in Maharashtra state following his reporting on a land dispute.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
[CPJ]https://cpj.org/2023/03/indian-journalist-devendra-khare-shot-in-uttar-pradesh/)
- Monitoring Status
- Pending
- Date added
- Mar 6, 2023
- Country
- India
- Initial Date
- Feb 9, 2023
- Event Description
Background of the Incident: During the past few months, there has been a lot of anger among job aspirants in Uttarakhand regarding cheating in government recruitment examinations in the state. Students across the state have repeatedly held street protests against cheating in state government recruitment examinations. Uttarakhand recently faced a major paper leak case in which several people who appeared in graduation-level examination using the leaked paper were arrested by the Uttarakhand Special Task Force (STF). After the Uttarakhand Subordinate Staff Selection Commission (UKSSSC) paper leak scam came into the public eye, 5 more government recruitment examinations for 770 posts were cancelled in September 2022. Details of the Incident: On February 08, 2023, a large number of job aspirants and members of the Berozgar Sangh Union, including Mr. Bobby Panwar, staged a peaceful sit-in protest at the Gandhi Park in Dehradun, demanding a CBI probe into irregularities in recruitment by the Uttarakhand Public Service Commission (UKPSC).
The protest was being held peacefully. While the protest was allowed to proceed during the day, in the evening, the Uttarakhand police brutally lathi-charged the students and forcefully removed them from Gandhi Park. The video of the police brutality in the middle of the night went viral on the internet.
(Video link attached here: https://www.abplive.com/videos/states/dehradun-unemployed- youth-stage-protest-again-protesting-lathi-charge-on-youth-2330811)
On February 09, 2023, around midnight Mr. Bobby Panwar and 12 other students were arrested and brought to Premnagar police station, after which they were taken to police station Jhajhra, Patelnagar and ISBT at night. On February 09, 2023 at 06:30 pm Dehradun police registered a FIR against Mr. Bobby Panwar, Mr. Ramesh Tomar, Mr. Amit Panwar, Mr. Sandeep Singh, Mr. Anil Kumar, Mr. Aman Chauhan, Mr. Shubahm Singh Negi, Mr. Lusun Todariya, Mr. Hariom Bhatt, Mr. Nitin Dutt, and Mr. Ram Kandawal at Kotwali Thana, Dehradun. The FIR was registered under sections of Indian Penal Code 147-Punishment for rioting, 186-Obstructing public servant in discharge of public functions, 188-Disobedience to order duly promulgated by public servant, 307-Attempt to murder, 332-Voluntarily causing hurt to deter public servant from his duty, 34-Acts done by several persons in furtherance of common intention, 353-Assault or criminal force to deter public servant from discharge of his duty, 427-Mischief causing damage to the amount of fifty rupees. The next day all of them got medico-legal check-up done at Prem Nagar Government Hospital and Coronation Hospital and were then sent to Sidhuwal jail, Dehradun. On February 15, 2023 they all got bail from the district court and are out on bail now. After the arrest of the job aspirants on February 09, state-wide protests and candlelight marches were held by protestors, demanding their release along with CBI to investigation in the rigging in examination for government jobs. Various social organizations and human rights organizations have issued statements and protested against the police brutality on peaceful protests in Uttarakhand.
- Impact of Event
- 11
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, Labour rights defender
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Feb 26, 2023
- Country
- India
- Initial Date
- Feb 6, 2023
- Event Description
Maharashtra-based journalist Shashikant Warishe has been killed by a local realty broker hours after releasing a report alleging the broker had engaged in illegal land grabbing and was connected to senior Indian politicians. The International Federation of Journalists (IFJ) strongly condemns this brutal killing of a journalist for their reporting and urges the authorities to bring all perpetrators to swift justice.
On February 6, broker Pandharinth Amberkar allegedly drove his black Mahindra Thar SUV into Warishe on the Rajapur highway in the Konkan Region of Maharashtra. Warishe was struck down by the vehicle, which Amberkar was seen to be driving, while near a petrol pump and was was dragged under the vehicle for several meters, sustaining fatal injuries.
The journalist was taken to the Civil Hospital in Ratnagiri, and then to the City Hospital, but despite medical efforts Warishe died on the morning of February 7. He is survived by his mother, wife and 19-year-old son.
The journalist had previously published a series of reports in the local Mahanagari Times, highlighting local opposition to the controversial establishment of the Ranagri Refinery & Petrochemicals LTD in Barsu. His most recent article, which was published just five hours before the fatal incident, accused Amberkar of being a ‘criminal’ and revealed the relationship between the land broker and senior politicians, including Narendra Modi and Maharashtra state leadership.
The incident has inspired condemnations from human rights organisations, press freedom advocates, and local environmental activists, who have condemned the incident, and called for an investigation into the circumstances of Warishe’s killing.
According to local police, Amberkar was arrested on the evening of February 7 and will remain in custody until February 14. He has been charged with ‘culpable murder’, though activists have demanded the registration of murder charges against him.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Media Worker
- Perpetrator-Non-State
- Corporation Corporation (others)
- Source
- Monitoring Status
- Pending
- Date added
- Feb 12, 2023
- Country
- India
- Initial Date
- Jan 28, 2023
- Event Description
About the Human Rights Defender: Mr. Wahengbam Joykumar is a RTI activist based in Manipur. He was the former Ombudsman at Mahatma Gandhi National Rural Employment GuaranteeSchemeMGNREGS, Imphal; East District, and Former Co-Convenor of NationalCampaign for Peoples' Right to Information, NCPRI. Mr. Joykumar has consistently taken a public stand against corruption and collusion of Manipur government officials with armed opposition groups.
On December 7, 2022, Mr. Joykumar Wahengbam had submitted a complaint application to the Hon’ble Chief Minister of Manipur to take necessary action against (1) the Hon’ble Minister (CAF & PD), (2) the Commissioner, (CAF & PD) namely Bobby Waikhom, IAS and (3) the Deputy Secretary of Manipur (CAF & PD) namely T. Vei,MSS, Governtment of Manipur of Manipur for relating to support and criminal conspiracy with an Armed Opposition group/ proscribe group, In 2022, Mr. Joykumar Wahengbam was threatened by an insurgency group based in Manipur to withdraw the application which he had filed as a PIL to High Court of Manipur to ensure the distribution of rice under PMGKAY during the Covid-19 times.
On August 16, 2020, he was picked up from his residence at Wangkhei, Imphal East at by Imphal Police Station and detained him around two hours at the Imphal Police station for posting a comment on his Facebook. Background of the Incident: On January 24, 2023,two unidentified men in a white Mahindra XUV 300, shot dead Laishram Rameshwor Singh (55), in Thoubal District, Manipur.
Mr. Laishram Rameshwor Singh was a retired army personnel and also current member of Rashtriya Swayamsevak Sangh (RSS) and the convener of BJP ex-serviceman cell. He was admitted to Raj Medicity in Imphal after the shooting but succumbed to bullet injuries.
According to the police,after a chase and search operation, the vehicle used in the crime and the driver of the vehicle was arrested. The man was identified as Naorem RickySingh alias Amu, son of N Kesho of Keinou Thongthak Maning Leikai, Bishnupur District, staying at Haobam Marak Irom Leikai. Imphal West District. The police also recovered one empty case of .32 bullet from the place of the crime.
Later, the main accused, Ayekpam Keshorjit, 46, surrendered himself before Inspector P Achouba Meitei.A licensed gun, a .32 pistol, two magazines and nine .32 bullets were seized from his possession. One mobile handset Samsung A70 belonging to the accused was also seized. Mr.Ayekpam Keshorjit’s wife claimed that her husband was a RTI activist, and he shot L Rameshwor in self-defence. Details of the Incident: On January 28, 2023, at round 8:10 pm, two gypsy vans filled with security personnel, led by Mr. W. Ibocha Singh MPS, reached the residence of Wahengbam Joykumar in Imphal East. The policemen reached the back door of the house, which was opened by the HRD’s wife, Ms. Wahengbam Purnimashi. The policemen asked her if this was Mr. Joykumar’s residence. His wife replied in the affirmative and requested the security personnel to come to the main gate. Some personnel got inside the courtyard and told her to call her husband. Mr. Joykumar came out from the house and the security personnel told him that they have come to arrest him in relation with a murder case. The security personnel did not allow Mr. Joykumar to change his clothesand one personnel stayed with him in his room as he changed his clothes. The security personnel also interrogated his wife and got her to sign an arrest memo which they bought according to which the time of arrest is 8:10 pm. An FIR was filed against him (FIR No. 17 (1) 2023 TBLPS) under Indian Penal Code sections 307; ( Attempt to murder);326, (causing grievous hurt by dangerous weapon)IPC 34 (Acts done by several persons in furtherance of common intention; IPC 25 (1-B) (in Arms ActWhoever—. (a) acquires, has in his possession, or carries any firearm or ammunition in contravention of section 3).
At around 8:21 pm, the security personnel took Joykumar to the Thoubal police station.He was detained in the police station for two hours during which time he was allowed to contact his lawyer. Mr. Joykumar was produced in front of the Judicial Magistrate Thoubal and has been remanded to police custody till February 02, 2023.
On February 2, 2023, Joykumar Wahengbam was produced in the court at around 3:30 pm. but the court rejected his bail, and his lawyer will apply for regular bail in future. HRD Mr. Joykumar continues to be in Central Jail at the time of writing.
Civil society groups in Manipur have condemned the arrest of Mr. Joykumar. HRDA believes that the arrest of Mr. Joykumar is an act of reprisal for frequently speaking up on issues related to the Right to Information and a misuse of powers by the Manipur police. The civil society groups also demanded that advocate Joykumar’s professional and legitimate action of advising his client cannot be construed in any way as criminal conspiracy and that he should be released immediately.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- RTI activist
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Feb 10, 2023
- Country
- India
- Initial Date
- Jan 24, 2023
- Event Description
About the Human Rights Defenders: Mr. Hansraj Kabir has been an advocate since 2012. He has been involved in human rights related work since 2002. He has been working for the rights of Scheduled Castes and Scheduled Tribes in Rajasthan. Since September 2021, he has been visiting villages on every Sunday to raise rights-based awareness and political and constitutional awareness among SC & ST communities. Background of the Incident: Mr. Vikas Kalawat is a local political functionary who works for Mr. Rajendra Singh Gudha, a member of Rajasthan’s Legislative Assembly and a minister in the Rajasthan government. In March 2022, Mr. Kalawat duped two Dalit sisters of their rightful ownership of a piece of land and had transferred the land to his name. The two sisters filed an FIR in this case in their local police station and Mr. Kalawat was charged under Sections 420 (cheating and dishonestly) and 406 (criminal breach of trust) of the Indian Penal Code (IPC). However, the police closed the case in a couple of months. The sisters approached Mr. Kabir to challenge the closure of the case in court. In September 2022, Mr. Kabir filed a petition with the Judicial Magistrate, Udaipurvati, challenging the police decision. The next hearing of the case was scheduled for February 17, 2023 Details of the Incident: On January 24, 2023, Mr. Kabir was at the Udaipurvati Court and had left the court premises to have lunch and tea. Between 2.10 pm and 2.20 pm, he received a series of phone calls from an unknown number. Each time, the person on the line asked him to urgently come to his seat in the court as they need some advice. Mr. Kabir said that he was drinking tea and would reach his seat shortly. When Mr. Kabir reached his seat, he saw there were around four or five persons, including a woman named Ms. Manju Devi, standing there. As soon as he greeted them, one person asked him to confirm his identity. Following this, Ms. Devi hit him first, and others joined in the assault and even tried to hit him on his private parts, and threatened to kill him.
A lawyer friend rushed to Mr. Kabir’s help and ushered him to the Sub-Divisional Office Court. At this stage, the HRD did not know who his assailants were and had never met them prior to this incident. The HRD was very shaken for nearly 30 minutes. He had nearly lost his hearing during the time and was very disoriented. He then went to the local community health centre, which was situated next to the court premises, and was accompanied by other advocate friends practicing at the court. At the clinic, the doctor recommended that he consults an ENT specialist. Mr. Kabir and his friends then went to the Udaipurvati police station. There he filed a complaint, which was registered as an FIR (0033) at 6.26 pm. The police charged Mr. Vikas Kalawat and Ms. Manju Devi under sections 143 (unlawful assembly), 341 (wrongful restraint), 323 (voluntary hurt) and 506 (criminal intimidation) of the IPC. On January 25, 2023, Mr. Kabir visited the BDK Hospital at Jhunjhunu for a medical test, which showed that his left eardrum was ruptured due to the attack. He is undergoing treatment for the same. The attack on the HRD was pre-meditated and those who have attacked him should be charged under section 307 (attempt to murder). The assailants also issued death threats. Mr. Kalawat is a politically influential person in the region and carries considerable clout. Many of the HRD’s well-wishers have asked him to remain cautious and have advised him to take the public bus to work instead of his personal motorbike. It is important to note that on January 24, 2023, a cross FIR (0035) was registered against the HRD based on the complaint by Manju Devi, one of the assailants and accused in FIR 0033. The HRD has been charged under sections 341 (wrongful restraint), 323 (voluntary hurt), section 509 (word, gesture, or act intended to insult the modesty of women), and section 384 (extortion) — which is a non-bailable offence.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to work
- HRD
- Lawyer
- Perpetrator-Non-State
- Non-state
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Feb 5, 2023
- Country
- India
- Initial Date
- Jan 25, 2023
- Event Description
The Delhi Police on Wednesday detained several students of the Jamia Millia Islamia university after the Students’ Federation of India (SFI) planned to screen the BBC documentary on Narendra Modi and the 2002 Gujarat genocide on campus.
“The detained Jamia Millia Islamia students are kept in Fatehpur Beri police station,” tweeted Shamseer Ibrahim, Fraternity Movement national president.
“The police is not ready to tell the number of detainees nor are they allowing the lawyers to meet the students as given u/s 41D CrPC. The advocates are waiting outside the police station for the last 3 hours,“ he said.
Ladeeda Farzana, student leader in her twitter thread alleged that the city police is misbehaving with female lawyers.
The news agency PTI claimed that more than 70 students were detained. It is not clear how many students were detained.
Around four SFI activists were detained morning, while several students were picked up by the cops around 3 pm. The detainees include leaders of Fraternity Movement, SFI, NSUI and other student organisations.
DCP (Southeast) Esha Pandey said to Indian Express: “A screening for a BBC documentary was to be organised by a group of Jamia students inside the university today, which was not allowed by the administration of the University. The University administration informed the police that some students were creating ruckus on the streets and therefore a total of 13 students were detained around 4 pm to ensure peace in the area.”
- Impact of Event
- 13
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 26, 2023
- Country
- India
- Initial Date
- Nov 6, 2022
- Event Description
About the Human Rights Defenders: Ms. Malti Rao (35), Ms. Krishna Rao (24), Ms. Vidhya (58), Ms. Permila (50), Mr. Ravi Rao (28), Ms. Leelawati (50), Ms. Sonpati (45) and other protestors of Ambedkar Nagar Uttar Pradesh. Background of the Incident: On November 06, 2022, black ink was put on the statue of Dr. Bhimrao Ambedkar installed in front of Haothi Mandir, Ambedkar nagar, by unknown miscreants. When the locals of Ambedkar Nagar saw the defacement of the statue, they started a protest demanding action against the culprits. Details of the Incident: On November 06, 2022, around 10 am a group of locals of Dalit community , mostly women, gathered at Akbarpur-Jalalpur road, Ambedkar Nagar and started a protest to act against the culprits who threw ink on the statue of Dr. Bhimrao Ambedkar. Around 11:00 am Mr. Sant Kumar Singh, Station Officer, Jalalpur Police Station, Ambedkar Nagar reached the spot with some policemen. The locals demanded action against the culprits and a fair inquiry. An argument started between police and protestors and according to the protestors the police started to lathi-charge the protestors. In the video 15-20 male policemen are seen brutally beating 10-12 un-armed women protestors with lathis as well as hurling “casteist” abuses at them. One woman protestor falls down, while another’s hair is pulled by a policewoman, others are seen running away while being beaten by sticks by policemen. A video of police lathi-charge on women went viral on social media. The video is as follows: https://www.youtube.com/watch?v=xPTdw4HwTC8&ab_channel=TheQuint The SP Ambedkar nagar, Mr. Amit Kumar Sinha, claimed that the women hurled stones at the police force forcing them to use ‘mild force’. However, no woman protestor is seeing holding anything in their hands. The police also claimed that they had registered an FIR against the unknown persons who had defaced the statue of Dr Ambedkar and were trying to arrest the miscreants. On 05 November 2022, at 05:30 pm an FIR 0329 was registered against 300 women and men (name unknown) by Sub-Inspector Mr. Awshaf Ali at Jalalpur police station, Jalalpur, Ambedkar Nagar under sections of IPC 147-Punishment for rioting, 188- Disobedience to order duly promulgated by public servant, 341-Punishment for wrongful restraint, 353-Assault or criminal force to deter public servant from discharge of his duty, 504-Intentional insult with intent to provoke breach of the peace. 506- Punishment for criminal intimidation. On 06 November, 2022 a second FIR (No. 0329) was registered at 05:30 pm against Mr. Mahesh, Mr. Raju, Mrs. Reeta, Mrs. Parmila, Mrs Sakla, Mrs. Anara, Mr. Shyam Kumar, Mr. Sandeep and Mr. Santosh Kumar by Mr. Dheeraj Barnawal,at Jalalpur police station, Jalalpur, Ambedkar Nagar under sections of IPC 147-Punishment for rioting, 323- Assault or criminal force to deter public servant from discharge of his duty, 327- Voluntarily causing hurt to extort property, or to constrain to an illegal act, 427-Mischief causing damage to the amount of fifty rupees, 506- Punishment for criminal intimidation. On 06, November 2022 at 04:00 pm a third FIR 0331 was registered against unknown women, by Mr. Mahendra Prasad a local, at Jalalpur police station, Ambedkar Nagar under sections of IPC 147- Punishment for rioting, 188- Disobedience to order duly promulgated by public servant, 341- Punishment for wrongful restraint, 342-Punishment for wrongful confinement, 332- Voluntarily causing hurt to deter public servant from his duty, 336- Act endangering life or personal safety of others, 353-Assault or criminal force to deter public servant from discharge of his duty, 427- Mischief causing damage to the amount of fifty rupees and section 7 of Criminal Law Amendment Act 1932.
On November 6, 2022, Ms. Malti Rao 35, Ms. Krishna Rao 24, Ms. Vidhya 58, Ms. Permila 50 were arrested and sent to prison. On November 21, 2022, Ms. Sonpati (45), Mr. Ravi Rao (28) and Ms. Leelavati (50) was arrested. They were released on bail on December 13, 2022, after one month and eight days.
- Impact of Event
- 6
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to protect reputation, Right to Protest
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Jan 23, 2023
- Country
- India
- Initial Date
- Dec 15, 2022
- Event Description
About the Human Rights Defenders: • Villagers of Gangaloor block in Chhattisgarh who are protesting the establishment of illegal paramilitary camps in Pusnar and Burji villages. • Moolwasi Bachao Manch is a civil society platform steered by educated youth that works towards protecting the constitutional, legal and cultural rights of socially marginalised groups. The Moolwasi Bachao Manch also spearheads similar ongoing peaceful protests against paramilitary camps proposed/set up without gram sabha consent in several other places in south Bastar area of Chhattisgarh such as Silger, Nahadi and Dharmaram.
Background of the Incident: Villagers in Gangaloor block in the Maoist-insurgency affected Bijapur district of Chhattisgarh have been opposing the establishment of new paramilitary camp in Burji village without due process. In end-2021, villagers – predominantly tribals – began a peaceful sit-in protest at Burji village, located 3 km away from Gangaloor police station, demanding the withdrawal of all proposed security camps in the block. The dharna was organised under the banner of Moolwasi Bachao Manch, and a stage and temporary shelters were constructed at the venue to facilitate the indefinite protest. Hundreds of villagers including men, women and children from Gangaloor and adjacent blocks took turns to visit the dharna site every day for over a year to participate in the protest. The protestors alleged that proposed paramilitary camps in Burji and Pusnar villages were in violation of provisions in the Forest Rights Act, 2006 and the Panchayat (Extension to Scheduled Areas) Act, 1996, as they did not have consent from gram sabhas.
They demanded withdrawal of proposed paramilitary camps, and protested against the construction of a concrete road through the farm lands of hundreds of families in Gangaloor, Pusnar, Hiroli and other villages. They also demanded justice for the victims of police firing in Silger village (May 2021) and other encounters in Bastar. Activists from Moolwasi Bachao Manch also met and/or wrote to various government authorities in 2021 and 2022 demanding withdrawal of proposed paramilitary camps. Details of the Incident: Shortly after midnight on December 15, 2022, a large contingent of police and paramilitary personnel led by Mr. Anjaneya Varshney, Superintendent of Police Bijapur; Mr. Ashok Patel, Divisional Forest Officer; Mr. Pavan Verma, Officer in Charge, Gangaloor Police station; and Officer in Charge, Bijapur Kotwali Police station arrived at the protest spot in Burji in official vehicles. The police used brute force to break up the peaceful assembly of about 200 protestors. They bulldozed the stage and temporary shelters set up by protestors and destroyed or threw away their belongings such as rice, dal, vegetables, utensils, and clothes. When villagers and activists from Moolwasi Bachao Manch protested against the vandalism, police began a lathi-charge. They charged at protestors, many of whom were still asleep, and hit them with batons, forcing them to flee from the dharna site. The police force then moved to Pusnar. At 10 AM on December 15, 2022, when the protestors started trickling back to the protest site, they chased away villagers who, hitting them with batons. Meanwhile, other police and paramilitary personnel proceeded to Pusnar village, located 7-8 km away through dense forests, where they set up a security camp within a few hours. More than 25 protestors suffered serious injuries on their head, back, hands and legs due to the assault by police. Though many of them were unable to walk or stand upright for over a week, they did not visit the government hospital or access medical treatment fearing intimidation and arrest by police. Since the construction of the camp in Pusnar, police and paramilitary personnel stationed there have not allowed villagers to harvest their crops in farmlands in the vicinity of the camp. Police also beat and chase away villagers when they venture into the forest to fetch firewood and other forest produce. Tribal villagers and Moolwasi Bachao Manch activists who were part of the dharna in Burji had been highlighting violation of their constitutional and legal rights through peaceful means for over one year. While the government paid little heed to their concerns, a security camp was established in Pusnar overnight on December 15, 2022. It also appears that police personnel led by the Deputy Superintendent of Bijapur unleashed violent reprisals and assault on protestors on two occasions.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Raid, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Jan 14, 2023
- Country
- India
- Initial Date
- Dec 19, 2022
- Event Description
About the Human Rights Defenders: Mr. Vivekanand Pathak, Mr. Rahul Patel, Mr. Ajay Samrat, Mr. Abhishek Yadav, Mr. Navneet Singh, Mr. Harendra Yadav, Mr. Ayush Priyadarshi and Mr. Satyam Kushwaha students and ex-students of Allahabad University who have continuously and peacefully protested against the fee hike by the University. Background of the Incident: In June 2022, the fee of Allahabad University’s fee for under-graduate courses, was increased by 300%+. (from Rs 975 per year to Rs 4,151 per year). Since September 2022, Allahabad University students and student leaders have been protesting against the fee hike continuously, by protests, social media and even threatening self-harm, demanding that the fee hike be rolled back. On December 18, 2022, a fierce clash took place between students protesting against the fee hike and the police. During this there was chaos in the university campus. Some of the agitating students had even announced self-harm by burying themselves. After that, the police started forcibly removing the students who were trying to take bhu-samadhi (land burial) during which there was a lot of clashes between the police and the students. Details of the Incident: On December 19, 2022, around 12:30pm Mr. Vivekanand Pathak, an ex-student of the university was going to the university campus bank in relation with his KYC. Suddenly the security guard, Mr. Prabhakar Singh stopped him from entering the campus. When Mr. Pathak said that he was going for some work in the campus, they had an argument and the guard hit him with sticks and butt of a gun. This caused him to fall to the ground with his head bleeding. Seeing him falling on the ground, the students present there run to pick him up. Seeing this the guard started firing. Mr. Ajeet Yadav, a student leader said that Mr. Pathak even called an employee of the bank and said to the guard that “if you do not believe then talk to an employee of the bank. At this, the guard threw the mobile and started abusing Mr. Pathak. Suddenly he attacked Pathak with the butt of his pistol. By the time we reached there, some more guards had come there and started firing on seeing the students. There must have been around 5-6 rounds of firing.". The students also alleged that they were trampled by boots. According to media reports, many vehicles were damaged in the violence that followed. On December 20, 2022, at 03:17 pm an FIR 0682 was registered against Mr. Vivekanand Pathak, Mr. Rahul Patel, Mr. Ajay Samrat, Mr. Abhishek Yadav, Mr. Navneet Singh, Mr. Harendra Yadav, Mr. Ayush Priyadarshi and Mr. Satyam Kushwaha by Mr. Prabhakar Singh, security guard of Allahabad University at Colonelganj police station, Prayagraj. The FIR was registered under sections of IPC 147- Punishment for rioting, 323- Punishment for voluntarily causing hurt, 336- Act endangering life or personal safety of others, 427- Mischief causing damage to the amount of fifty rupees, 435- Mischief by fire or explosive substance with intent to cause damage., 504- Intentional insult with intent to provoke breach of the peace and 392- Punishment for robbery. The FIR stated that student leader Mr. Vivekananda slapped the guard, snatched the mobile and other students together beat the guards and vandalized the collage. Another FIR was registered was registered against 43 security guards at the Colonelganj Police Station on a complaint by Mr. Vivekanand Pathak.
- Impact of Event
- 8
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Jan 14, 2023
- Country
- India
- Initial Date
- Dec 1, 2022
- Event Description
Meanwhile, faculty and students told Sabrangindia that, on Friday, December 2, a protest has been organised by students against the hoolaginism of the ABVP at the Delhi University (DU). Section 144 has been imposed by the Delhi police prohibiting gatherings.
Also, anti-Brahmin and Baniya casteist grafitti appeared on the walls of the Jawaharlal Nehru University (JNU). ABVP has alleged that AISA and the left are responsible for this, as they are “anti-national and anti-Hindu”. The Left has pointed out that it is the ABVP that is at the source of the violence (attacks on meetings, disappearance of Najeeb Ahmed after a ABVP attack, beating up students on the campus and in hostels) but to date –due to the impunity enjoyed by the outfit --no action has been taken even when they are identified on CCTV camera.
[[Najeeb Ahmed, a first year MSc Biotechnology student in the JNU went missing on October 15, 2016 after the alleged attacks on him by members of the Akhil Bharatiya Vidhyarthi Parishad (ABVP), the student wing of the ruling party. This had sparked students’ movements across the country. His mother Fatima Nafees has been tirelessly following up his case. On multiple occasions she has faced extreme police brutality despite peacefully demanding for her son to be found.]]
All these developments have seriously vitiated the atmosphere on campus. JNUTA (JNU Teachers Association) has stated that there is no security on campus and that the JNU administration has failed completely. Both sides, meanwhile have demanded a speedy “free and fair enquiry” into these recent attacks.
Photo1
ABVP goons attacked students campaigning on campus for a meeting demanding the release of Prof. G.N. Saibaba. Armed with rods and hurling bricks that injured several students who have been taken to Hindu Rao Hospital for treatment. ABVP students even surrounded the hospital where students were taken for treatment. Police reached after desperate calls and finally “removed” ABVP aggressors from the hospital. The SHO of Maurice Nagar police station was also present at the hospital but it is yet unclear whether an FIR has been filed and against whom in the Akhil Bharatiya Vidyarthi Parishad (ABVP) affiliated to the Rashtriya Swayamsevak Sangh (RSS).
December 1: The incident took place during a protest organized by Bhagat Singh Chhatra Ekta Manch (BSCEM). According to reports, students from the Campaign against State Repression (CASR) were campaigning on the DU campus when they were allegedly attacked with stones first, then with lathis (batons).
Teachers and professors associated with the All India Forum for the Right to Education (AIFRTE) shared photos of the students attacked with Sabrangindia
Ravinder Singh, a final-year law student and the incumbent president of Bhagat Singh Chatra Ekta Manch, told the media (ABP News and Quint ) that around 10 to 12 students were holding a campaign to spread awareness about GN Saibaba’s unjust incarceration. Out of the blue, 40–50 ABVP students attacked them with lathis. Many students were injured, he added. Protestor Rajveer said his friend was hit with a brick, while another was pinned down and beaten up.
According to media reports the injured students were immediately rushed to the Hindu Rao Hospital. The students who were seeking treatment at the hospital allege that 40 to 50 people also surrounded the hospital and threatened them.
Ehtmam, a law graduate from Jamia Millia Islamia who was a part of the campaign, claimed that ABVP said that if they step out of the hospital, they will attack them again. This threat was given in front of police officials, he added.
Ravinder said that while some of the alleged attackers had the Aam Aadmi Party’s flag tied to their knees, he was certain that they all were from the ABVP.
Background:
On January 5, 2020, at the height of the anti CAA 2019 protests in the capital a masked mob armed with sticks and bricks went on a rampage at the Jawaharlal Nehru University (JNU), beating up students and vandalising university property. Many of them were identified as directly associated with the ABVP; to date they have not been arrested.
- Impact of Event
- 1
- Gender of HRD
- Man, Woman
- Violation
- Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Student, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Dec 5, 2022
- Country
- India
- Initial Date
- Nov 10, 2022
- Event Description
The Supreme Court, on November 10, granted journalist and human rights activist Gautam Navlakha who is one of the accused in the Bhima Koregaon case, his request for house arrest, albeit with rather stringent conditions. The bench of Justices KM Joseph and Hrishikesh Roy, during the hearings, was inclined towards granting Navlakha’s request for house arrest. While he has been ordered to be placed under house arrest now under some severely stringent restrictions, the same are applicable only until December 13 which is the next date of hearing and the court will decide whether to continue his custody in house arrest and on the same conditions, on that date.
The court noted that while chargesheet has been filed against Navlakha on October 9, 2020 no charges were yet framed against him and that he has been in custody as an undertrial prisoner since April 14, 2020. The court evaluated the medical reports but the Additional Solicitor General SV Raju pointed out that Navlakha insisted that his treatment be carried out at Jaslok Hospital where his brother-in-law is a doctor and thus his medical reports are afflicted with the vice of bias and hence the doctor recommendation merit rejection. Senior Advocate Mr. Kapil Sibal countered this contention by stating that the doctor’s recommendations have their foundation in scientific material unearthed through investigations carried out at the hospital which have been, in fact, carried out by other doctors.
In April, the Bombay High Court had denied Navlakha’s plea to be placed under house arrest while referring to Gautam Navlakha v. National Investigation Agency 2021 SCC Online SC 382 whereby the Supreme Court had laid down certain criteria for considering request of house arrest,
“151. We observe that under Section 167 in appropriate cases it will be open to courts to order house arrest. As to its employment, without being exhaustive, we may indicate criteria like age, health condition and the antecedents of the accused, the nature of crime, the need for other forms of custody and the ability to enforce the terms of the house arrest. We would also indicate under Section 309 also that judicial custody being custody ordered, subject to following the criteria, the courts will be free to employ it in deserving and suitable cases.”
The Supreme Court was ‘mystified’ as to why the High Court did not consider Navlakha’s age (70) as a basis to consider his application for house arrest. “The state of health of the petitioner also cannot be described at any rate as being perfect. Far from it, as we have noticed the multiple health issues with which the petitioner is confronted,” the court observed.
The court was also dissatisfied with the argument put by the ASG that Navlakha’s brother-in-law being the one of the doctors in his case was afflicted with the vice of bias. “Quite apart from the fact that the Doctor in question is a medical professional, his observations are based on investigations which have been carried out by the other Doctors. Therefore, they do not prima facie, at least, appeal to us as reasons for rejecting the medical report which, in fact, was based on evidence and contain inputs of the Orthopedist Dr S. Kothari,” the court said.
The court held that as far as his health is concerned, he may not be unjustified in making the request for house arrest. While considering his request, the court noted that the chargesheet was filed in 2020; charges have not yet been framed and that it is unlikely that trial will start or will make any progress towards culmination in the foreseeable future. It further noted that Navlakha has been in custody since 2020 and also that Navlakha had been placed under house arrest before and there was no complaint of his conduct then. “This means, prima facie, there does not appear to have been any case that he will misuse the facility of house arrest,” the court observed.
Conditions for house arrest
The court stated that the house arrest would be granted subject to Navlakha depositing a sum of Rs. 2.4 lakhs with Navi Mumbai Police Commissioner which is a rough estimate of expenses which would be borne by the State for making available police personnel at his house arrest location. Additionally, he shall provide local surety for Rs. 2 lakhs.
The following conditions have been laid out:
Sahba Husain alone is allowed to reside with the petitioner, along with one house keeping staff The petitioner will not use mobile phone, internet, computer, laptop or any other communicating device while he is in house arrest The petitioner will be permitted to use the mobile phone which may be provided by the police personnel on duty once in a day, to be used for 10 minutes only and only in the presence of police personnel. The mobile of the companion will not have internet facility. It shall be, in other words, the basic device which facilitates only the making of a phone call and SMS. The State is allowed to carry out surveillance and recording of the phone calls being made by the companion. The companion shall not delete the details about phone calls or any message sent by using the SMS facility. The petitioner will be allowed to meet only two family members once a week for 3 hours, list of whom shall be provided to the police. CCTV cameras will be installed at the expense of the petitioner at the entrance and exit of the residence. Before the petitioner is allowed to enter into house arrest, the house will be screened so that prior to occupying the house, no electronic gadgets such as phone, Ipad, internet, laptop are there which shall not be permitted inside even when visitors are allowed as per the order we have passed. The petitioner is permitted to use TV which is not a smart TV or a TV which is internet based. He also will have access to newspapers. The petitioner will not, in any manner, attempt to influence any of the witnesses in the case. On a need basis, the police can inspect the premises and carry out search/inspection; however, such searches should not amount to abuse and should not harass the petitioner. The petitioner is permitted to walk outside, if he wants to, in the company of police personnel, as may be found necessary, without engaging in conversation with anyone. The petitioner can have access to one lawyer and interact with him/her as per terms of the jail manual The petitioner will not interact with the media
The court also directed the police that in case of a medical emergency, the police will make all arrangements to make available medical facilities at the suitable hospital and the police officers will necessarily cooperate in case the petitioner needs to be taken to a hospital if such need arises.
Also, since the ASG raised doubts about the doctor at Jaslok Hospital being kin of the petitioner, the court directed that Navlakha be taken for medical examination at KEM Hospital before next hearing, to be held on December 13.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Surveillance
- Rights Concerned
- Freedom of expression Offline, Online, Right to healthy and safe environment, Right to privacy
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- India: detained defenders are denied safety measures (Update), India: two HRDs sent to custody on fabricated charges
- Date added
- Nov 20, 2022
- Country
- India
- Initial Date
- Aug 25, 2022
- Event Description
About the Human Rights Defender: Mr. Nitesh Alawa is a human rights defender who works as a patwari (revenue officer) in the village of Badi Khattal in Jobat tehsil of Alirajpur district in Madhya Pradesh. Mr. Alawa has been active in the fight for rights of Adivasis in the region and has in the past raised his voice against atrocities committed against the communities. Mr. Alawa is the district president, Alirajpur of the Madhya Pradesh Patwari Union, the Media In-charge of Tribal Employees-Officers Organization and is the district vice president of the Scheduled Caste-Scheduled Tribe Officer Employee Organization. Background of the Incident:
On July 4, 2022, an Adivasi woman was burnt alive in Guna district. The accused allegedly put diesel and set her on fire. The accused also made a video of this heinous crime.
A week before the incident, the woman’s husband said that his family had sought protection from the police, citing threats from the accused persons.
The gruesome nature of the attack was met with protests across the state. One such peaceful citizens protest was held on July 24, 2022, a Sunday, in Guna by leading Adivasi groups in the state include, the Jai Adivasi Yuva Shakti (JAYS). Mr. Nitesh Alawa at- tended this peaceful protest in solidarity with the victim and to demand justice. The protest was attended by adivasis from over 15 districts across the state.
Details of the Incident: On August 25, 2022, Mr. Alawa was suspended from duty and a departmental inquiry was started. He was given a show cause notice on August 18 to which he replied on August 24. The suspension order cited Rule 3(1), 5 (1), 6(1) of the Madhya Pradesh Civil Services (Conduct) Rules, 1965 and Rule 9 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, which authorizes suspensions pending disciplinary actions.
The order stated that they had taken the action as it had come to the administration’s notice that there had been several “viral videos” circulated on social media, where Mr. Alawa has allegedly made incendiary and inflammatory speeches at the Guna meeting along with members of JAYS with an alleged attempt to create tensions among people.
Rule 3(1) of the Madhya Pradesh Civil Services (Conduct) Rules, 1965 states that every Government servant shall always, maintain absolute integrity, maintain devotion to duty and do nothing which is unbecoming of a Government servant. Rule 5 (1) of the Madhya Pradesh Civil Services (Conduct) Rules, 1965 states that no Government servant shall be a member of, or be otherwise associated with, any political party or any organisation which takes part in politics, nor shall he take part in, subscribe in aid of, or assist in any other manner, any political movement or activity. Rule 6(1) of the Madhya Pradesh Civil Services (Conduct) Rules, 1965 states that no Government servant shall engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency, or morality, or which involves contempt of Court, defamation or incitement to an officer. It is important to note that Mr. Alawa had taken leave from work with prior intimation to his superiors. He did not attend the protest in the capacity of any political party. The protest was not political in nature and was aimed at seeking justice for an Adivasi woman who had been burnt alive. The order also states that he had been given “prior warning” regarding his activities. HRDA-India had sent an urgent appeal to the Hon’ble NHRC on September 14, 2021 pertaining to the case of Mr. Alawa (Case No. 2849/12/26/2021). He was suspended for the exact same reason – participation in a protest. Back then the protest was regarding the brutal mass murder of Adivasis in Nemawar district in Madhya Pradesh.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to Protest, Right to work
- HRD
- Minority rights defender
- Perpetrator-State
- Government
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Nov 20, 2022
- Country
- India
- Initial Date
- Nov 12, 2022
- Event Description
LGBTQI+ activist Gopi Shankar Madurai (ze/they) was allegedly beaten up by a group of 6-7 persons near their home in Delhi's Karol Bagh on Saturday, 11 November.
Madurai, who serves as the south regional representative of National Council for Transgender Persons (NCTP), is one of the few openly queer people in public office.
They were attacked on Saturday night, when they were turning home from a chemist shop, Madurai's friend Iniyan told The Quint. The intersex activist is currently admitted in Sir Ganga Ram Hospital with injuries on various parts of their body. What Happened?
Gopi Shankar Madurai had been walking on the road near his home in Karol Bagh when he was allegedly physically assaulted by a group of men.
"I spoke to Gopi just five minutes before this incident happened. Six people came and attacked them on the road. Some Ramakrishna devotees helped and took them to the hospital," their friend Iniyan shared.
"Gopi brother did not know any of the men," he added.
Intersex India – a forum for people from the LGBTQI+ community of which Madurai is coordinator – said that they had done two minor surgeries at the hospital, adding that a nasal surgery was avoided due to an underlying heart condition.
"The activist was beaten up by 5-6 people. He has received minor injuries. No arrests have been made yet because none of the accused been identified," DCP (Central) Shweta Chauhan told The Quint. A case has been registered by the police in connection with the incident and investigation is underway. 'Not the First Time'
"This is not the first time that Gopi has been attacked this year. In January, they were attacked in Mahabalipuram. That time also, the police did not help," Hayathi, a friend of the assaulted activist and member of Intersex India, told The Quint.
In January this year, Madurai had alleged that six unidentified persons had approached them on bikes with a political party sticker in Mahabalipuram, and had abused and manhandled them.
Iniyan further shared that Madurai had faced incidents of homophobic verbal abuse numerous times this year.
"Gopi is a representative of the NCTP, which is under the Ministry of Social Justice and Empowerment. If he being a government person isn't safe, who is?" questioned Hayathi.
"An attack of this nature against a prominent activist in the capital city is likely to have a chilling effect on future activism in the country. We are deeply concerned about the safety and security of intersex activists in India," a statement issued by Intersex Asia read.
- Impact of Event
- 1
- Gender of HRD
- LGBTQ+/ Non-Binary
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Right to healthy and safe environment
- HRD
- SOGI rights defender
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Nov 17, 2022
- Country
- India
- Initial Date
- Oct 5, 2022
- Event Description
About the Human Rights Defender: Mr. Kartik Mukhi, Mr. Rohit Mukhi and Mr. Krishna Mukhi are Dalit human rights defenders based in the Narwa hills in Jadugoda, East Singhbhum district. All three brothers are members of Bhim Army, an organisation fighting for the rights of lower caste groups and have been working to raise awareness on human rights and caste atrocities in the region for the past 3-4 years.
Mr. Dinkar Kachhap is the founder of Birsa Sena and has participated in struggles demanding justice for the victims of caste atrocities in East Singhbhum district.
Background of the Incident: On September 30, 2022, Ms. Geeta Beldar and Ms. Beena Beldar – both Dalit women who were working as cooks at the Shyamsundarpur Rajkiya Buniyadi Vidyalay in East Singhbhum district for 16 years – were dismissed from service by the Head Master Mr. Ashok Kumar Pal, saying that since they were lower castes, food prepared by them could not be eaten. On October 3, 2022, Ms. Geeta and Beena Beldar visited the Birsanagar police station in Jamshedpur – the designated police station under the SC/ST Prevention of Atrocities Act in East Singhbhum district – with a written complaint demanding registration of an FIR against school authorities. But the Officer in Charge of Birsanagar police station Mr. Prabhat Kumar refused to register any FIR, so they reached out to HRDs Mr. Kartik Mukhi and Mr. Bikash Hembram for support. At around noon on October 3, Mr. Kartik Mukhi, Mr. Bikash Hembram and other HRDs gathered in front of the police station and protested peacefully against the police inaction, but they were abused by the Officer in Charge and pushed and shoved around by police personnel. When Mr. Mukhi and Mr. Hembram pressed with the Officer in Charge to register an FIR, he called them pimps, grabbed them by the collar and pushed them out of the police station. An FIR based on Ms. Geeta and Beena Beldar’s complaint was finally registered in the evening on October 3 after the intervention of the Superintendent of Police, Jamshedpur City. Mr. Kartik Mukhi and Mr. Bikash Hembram also submitted a written complaint to the police regarding their assault and abuse at Birsanagar police station in the evening on October 3, but no FIR was registered based on their complaint. Details of the Incident: On October 5, 2022, at around 2 AM, when Mr. Kartik Mukhi was riding alone on his motorbike through the Sakchi roundabout in Jamshedpur, he was intercepted by 10- 12 uniformed policemen. Police personnel took away his bike key, shoved him into the police jeep, and took him to Sakchi Police Station, punching him repeatedly along the way. He was not told why he was detained or if he was arrested. Instead, his mobile was confiscated after reaching the police station, and he was repeatedly kicked and punched on his chest, back, legs and buttocks by police personnel throughout the night. Sub Inspector Deepak Maurya and the munshi of Sakchi Police station led the assault on the HRD. He was then detained at the police station. In the morning of October 5, 2022, at around 9 AM, Mr. Kartik’s mother Ms. Mamata Mukhi, his younger brothers Mr. Rohit and Krishna Mukhi and his sister Ms. Sunita Mukhi visited the Sakchi police station to inquire about Mr. Kartik. But the munshi and other police personnel refused to answer their queries, misbehaved with them, abused them and pushed them outside. While family members maintained vigil outside the Sakchi police station throughout the day, local HRDs including Birsa Sena founder Mr. Dinkar Kachhap joined them in demanding the release of Mr. Kartik Mukhi. At around 11 AM, they heard Mr. Kartik Mukhi cry out in pain from inside the police station premises.
Mr. Rohit and Krishna Mukhi entered the police station unopposed, and saw Sub Inspector Mr. Deepak Maurya repeatedly hitting their elder brother Kartik, with his baton in a separate room in the police station premises. Mr. Maurya assaulted Mr. Krishna and Rohit Mukhi when they asked why Mr. Kartik was being assaulted, and abused them in casteist terms. Mr. Maurya repeatedly kicked Mr. Krishna Mukhi on his chest and stomach till an old surgery (colostomy) in his abdomen was injured and his intestines spilled out in the open. Mr. Krishna Mukhi was crying out in pain after the assault, but despite the seriousness of his injuries, police did not take him for treatment and detained him and Mr. Rohit Mukhi inside the police station for over six hours. Mr. Kartik Mukhi was also detained inside the police station premises. Police also turned down pleas for the treatment of Mr. Krishna Mukhi and release of other HRDs from activists and family members who had assembled in front of the police station. At around 8 PM, Mr. Prabhat Kumar, Senior Superintendent of Police, Jamshedpur reached Sakchi police station. An ambulance was arranged to take Mr. Krishna Mukhi for treatment to the MGM Hospital in Jamshedpur, but he was referred from there to the Rajendra Institute of Medical Sciences located 130 km away in Ranchi. As his condition was serious and his intestines were exposed, family members decided against taking him to Ranchi and admitted him at the Tata Main Hospital, where he underwent an 8-hour surgery. His final diagnosis as per hospital records was ‘Traumatic Colostomy Prolapse’, and the reasons for his admission stated, ‘Admitted with C/O Pain Abdomen due to A/H/O assault at 11 AM on 5/10/22 at Sakchi’. Meanwhile, the SSP assured the crowd outside Sakchi Police Station that Mr. Kartik Mukhi would be released the following day, and would not be assaulted in the interim, and asked them to go home. But soon after the crowd dispersed, the SSP asked police personnel to pin Mr. Kartik Mukhi down to the floor, and kicked him on his chest several times with his boots. He abused the HRD in casteist terms, saying ‘Ghasi hai, bada neta banta hai (You are a Scheduled Caste and strut around like a leader!)’. From 2 AM, October 5, 2022, - 10 PM October 6, 2022, Mr. Kartik Mukhi was kept under illegal detention at the Sakchi Police Station He was produced before the magistrate at around 10 PM on October 6, more than 40 hours after his detention, in violation of Section 57 of Cr.P.C.
An FIR (no. 212/2022) was shown as registered at 10:15 am on October 5, 2022. Under sections 143, 147, 149, 353, 186, 447, 506, 504 of the Indian Penal Code, by Assistant Sub Inspector Ms. Kamala Oraon. Mr. Mukh is currently lodged in Sakchi jail. Mr. Rohit Mukhi and Mr. Krishna Mukhi and local activist Mr. Dinkar Kachhap were also named as accused in the F.I.R. Other HRDs named as accused in the FIR fear they may be arrested and tortured too. The complainant, Assistant Sub Inspector Ms. Kamala Oraon, has claimed that police detained and questioned Mr. Kartik Mukhi and his relatives for violating traffic rules late in the night on October 4, but released them after obtaining an undertaking. But that claim is contested by Mr. Mukhi’s family. The complainant also claimed that Mr. Kartik Mukhi attacked the Sakchi police station at around 9 PM on October 5 along with Mr. Rohit Mukhi, Mr. Krishna Mukhi, Mr. Dinkar Kachhap and 15-20 others, and they were nabbed from the spot. But Mr. Kachhap and others were heading towards their homes at this time after the SPP assured them regarding Mr. Kartik Mukhi’s safety and Mr. Krishna Mukhi was sent for treatment.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to protect reputation, Right to Protest
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Oct 30, 2022
- Country
- India
- Initial Date
- Jul 11, 2022
- Event Description
On 11 July 2022, human rights defender Leena Manimekalai was served with summons by the Central Delhi District Court (Tis Hazari court) based on a petition seeking an injunction on the poster of her film Kaali and its promotional video. The case is now scheduled for hearing on 1 November 2022. Leena Manimekalai produced the performance documentary Kaali for a programme on multiculturalism managed by the Toronto Metropolitan University. The aim of the film is to depict Kaali as a tribal goddess who shares solidarity with queer and indigenous communities and people of colour. Leena Manimekalai is being targeted by right wing groups in India on the basis that she has hurt religious sentiments.
Leena Manimekalai is a woman human rights defender, film-maker, poet and activist from Tamil Nadu, India. Manimekalai’s filmography is driven by themes of social justice and human rights having received international praise and recognition. She is one of the India Breakthrough Talents picked by British Academy of Film and Television Arts (BAFTA) for the year 2022. She has received numerous awards for her work including Emmy Award (2017), Charles Wallace Art Award (2012) in Visual Ethnography, Golden Conch at Mumbai International Film Festival and Best Documentary Prize at Singapore South Asian Film Festival. She was also the co-organizer of Asia’s first LGBTQ+ Pride Parade in July 2012. She is currently living in Canada, as a graduate fellow completing her Masters in Fine Arts (Film) at Toronto's York University.
Since Leena Manimekalai shared the poster of her film Kaali on Twitter, she has faced judicial harassment, hate speech and death threats on social media and several criminal proceedings. On 5 July 2022, the Intelligence Fusion and Strategic Operation (IFSO) unit of the Special Cell, Delhi Police registered a First Information Report (FIR) against her under Sections 153A (promoting enmity between different groups on grounds of religion) and 295A (deliberate and malicious acts, intended to outrage religious feelings) of the Indian Penal Code. On 4 July 2022, another FIR was filed at the Hazratganj police station, in Uttar Pradesh, under sections 120B (criminal conspiracy), 153B (imputations, assertions prejudicial to national integration) and 295 (injuring or defiling place of worship with intent to insult the religion of any class) of the Indian Penal Code (IPC), and sections 66 and 67 of the Information Technology (IT) Act. Seven other FIRs have been registered against Leena Manimekalai across the country. A “look-out circular” has also been issued by authorities in India in her name, seeking her arrest at the airport if she arrives in India.
In the first two weeks of July 2022, the hashtag #ArrestLeenaManimekalai was trending on Twitter with thousands of users, largely sympathisers of the ruling Bharatiya Janata Party (BJP) in India, calling the portrayal of Kaali disrespectful and hurtful to Hindu sentiments. The woman human rights defender has received hundreds of death and rape threats on her social media accounts and Hindu religious leaders have called for her execution for blasphemy and announced a bounty on her life on social media.
Following several complaints by the IT Cell of the ruling Bharatiya Janata Party in India, the Indian High Commission in Ottawa published a press release asking the institutions to withdraw support to the film. Subsequently, Aga Khan Museum announced that her work was no longer being shown and expressed regret that the poster had hurt the sentiments of Hindu communities. The Toronto Metropolitan University removed Leena Manimekalai from the selected list of 18 graduates chosen to showcase their works and have also withheld her honorarium.
Leena Manimekalai is also facing a defamation case filed by a film director , in reprisal for her speaking out on sexual harassment against her as part of the #MeToo movement in 2018. She is also facing a gag order and a contempt of court case, by the same director, for an article in which she was quoted on the #MeToo movement and the safety of women in India’s film industry. The film director also filed a motion to have Leena Manimekalai’s passport impounded, and she had to fight a four-tier legal battle to get her passport back.
This is not the first time that Leena Manimekalai has faced threats for her exercise of freedom of expression in defence of human rights. Manimekalai’s first feature film Sengadal (2011), based on the war in Sri Lanka and its impact on the lives of fishermen, was refused clearance by the Indian censor board stating that it made denigrating political remarks about the governments of Sri Lanka and India. She also faced serious risks from the Sri Lankan military while shooting for her documentary film White Van Stories (2015), based on enforced disappearances in Sri Lanka.
Her feature film Maadathy, An unfairy tale (2019) and short documentaries Is it too much to ask (2017), Mathamma (2003) and Parai (2004), all based on different forms of caste and gender violence, also faced censorship issues. Her poetry collection Ulagin azhagiya muthal penn (the first beautiful woman of the world) published in 2007, and her blog with the same title faced charges of blasphemy and Hindu People’s Party filed several police cases against her in Tamil Nadu. Hindu fringe elements demanded that her blog be banned, and her book was burnt in public.
Front Line Defenders condemns the judicial harassment and threats faced by woman human rights defender Leena Manimekalai, as it believes that they are directly related to her human rights work and exercise of freedom of expression. The multiple cases filed against her, and reprisals linked to her human rights work have raised serious concerns for her safety and prevented her safe return to India. Front Line Defenders urges the relevant authorities in India to cease all reprisals against Leena Manimekalai and ensure that she can carry out her peaceful human rights work and activism without any fear of prosecution.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Death threat, Intimidation and Threats, Judicial Harassment, Online Attack and Harassment, Vilification
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to protect reputation
- HRD
- Artist, WHRD
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Oct 21, 2022
- Country
- India
- Initial Date
- Oct 17, 2022
- Event Description
A Pulitzer-winning photojournalist from Indian-administered Kashmir has said that she was stopped from travelling to the US by immigration authorities at Delhi airport.
Sanna Irshad Mattoo was awarded the Pulitzer for her coverage of the Covid-19 pandemic and was on her way to attend the award ceremony.
Ms Mattoo said she was stopped "despite having a valid visa and ticket".
The Indian government has not made a statement yet on why she was stopped.
News agency PTI quoted Jammu and Kashmir police officials as saying that she had been placed on a no-fly list.
Ms Mattoo said this was the second such incident in four months. The journalist told the BBC she asked officials why she hadn't been allowed to travel but was not given a reason.
She said she was "heartbroken" at not getting the chance to attend the ceremony, describing the Pulitzer as a "dream for every journalist".
Several activists and journalists have been stopped from leaving or entering the country this year.
In March, journalist Rana Ayyub - who writes for the Washington Post - was stopped at Mumbai airport when she was about to board a flight to the UK to deliver a speech at the International Centre for Journalists.
Ms Ayyub was allowed to travel a few days later after she won an appeal against the decision in the Delhi High Court and got permission.
In April, former Amnesty India chief Aakar Patel was stopped twice from boarding a flight to the US at Bangalore airport.
This followed a federal investigation into Amnesty allegedly breaking India's foreign currency exchange laws during Mr Patel's tenure as its chief. The agency called him a "flight risk". He was later asked by a court not to leave the country without its permission.
In August, Angad Singh, an Emmy-nominated American journalist of Indian-origin, was reportedly deported to New York soon after he landed in Delhi.
While the Indian government did not comment on the incident, Mr Singh's family said his passport was confiscated at the airport before he was deported. His mother alleged his treatment was a response to the documentaries the journalist had made on India's Covid crisis and farmers' protests for Vice News.
Earlier this year, the federal government deported Professor Filippo Osella, an anthropologist at the University of Sussex, who had been visiting India for more than 30 years.
Prof Osella challenged his deportation in the Delhi High Court, calling it arbitrary and unconstitutional. He also said he was treated like "a hardened criminal" by Indian authorities without being given a reason for his deportation.
Last week, the Indian government defended its decision in court, saying that the academician had been placed in the "highest category of blacklisting" based on "sufficient material" against him.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Restrictions on Movement, Travel Restriction
- Rights Concerned
- Freedom of movement, Freedom of expression Offline
- HRD
- Artist, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 21, 2022
- Country
- India
- Initial Date
- Oct 6, 2022
- Event Description
According to reports, the Indian police prevented the protest of Afghan citizens living in that country in response to the attack on the Kaaj Educational Center in west Kabul.
This protest was supposed to be held on Thursday, October 6, by a group of Afghan refugees and students living in India in New Delhi.
The protestors said that they had an official permit from the relevant departments to stage a protest, but the Indian police intervened and stopped it hours before it started.
The Indian police declared security concerns as the reason behind their decision on this matter.
After a cowardly and brutal attack on the Kaaj Education Center in west Kabul that killed and injured more than 100 innocent students, the “Stop the Genocide of Millennials” campaign has been launched in different countries by various groups of people across the world.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to Protest
- HRD
- Community-based HRD, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 21, 2022
- Country
- India
- Initial Date
- Sep 16, 2022
- Event Description
About the Human Rights Defenders: Mr. Nohrit Mandavi, Mr. Keshav Shori and Ms. Shalini Gera are members of Chhattisgarh Bachao Andolan, an alliance of people’s movements and individuals in Chhattisgarh. Mr. Mandavi is a young activist based in Kondagaon district. Mr. Keshav Shori and Advocate Gera are well-known human rights defenders based in Kanker district. All three have been working with villagers in the Rowghat hills on issues like forest rights and human rights for several years.
Mr. Somnath Usendi, Mr. Lakhan Nureti and Mr. Narsingh Mandavi are members of the Rowghat Sangharsh Samiti, a committee of local villagers opposed to the Rowghat iron-ore mines situated at the border of Kanker and Narayanpur districts in the Bastar Division of Chhattisgarh. Mr. Usendi is the president of the Samiti and all three activists are from affected villages. They have been educating fellow villagers about the Forest Rights Act and the PESA Act, and how these have been violated in awarding the various clearances to the mines.
Background of the Incident: The Rowghat Iron Ore mines, which cover over 2000 hectares of pristine forest land in the Rowghat hills held sacred by Adivasi communities, are situated at the border of Kanker and Narayanpur districts in the Bastar Division of Chhattisgarh. Though the mines were granted environment and forest clearances in 2009, mining operations did not take off until recently owing to stiff resistance from most villages in the project area.
The Rowghat Sangharsh Samiti, a committee of local villagers that is spearheading the resistance, alleges that laws like the Forest Rights Act and the Panchayat Extension to Scheduled Areas Act were violated while awarding clearances for the mines. In two meetings held in August and September 2022, sarpanches, traditional heads, priests, and residents of 28 affected villages in the area met and decided by consensus that since no approval for the mines had been granted by gram sabhas, mining should be stopped forthwith. The Budha Dev Anjarel Mines Vikas Samiti is a recently formed pro-mining group comprised of select local sarpanches, ward members, Congress and BJP leaders and youth from affected villages. The group claims that since the entire area has been denotified, there are no forests, and hence there is no question of forest rights. Background of the incident: On August 28, 2022, and September 09, 2022, two meetings of the Duggal Pargana (traditional unit comprising around 28 villages) were organised wherein resolutions demanding immediate halt to mining activities were adopted, as no gram sabha consent had been taken for the mines. Mr. Mainuram Kumeti and Mr. Ramlal Usendi were present at these meetings. Details of the Incident: On September 16, 2022, a small team comprising journalists Ms. Gargi Verma and Mr. Mukesh Chandrakar, other local reporters and three Chhattisgarh Bachao Andolan members – Mr. Keshav Shori, Mr. Nohrit Mandavi and Advocate Ms. Shalini Gera – visited the Rowghat area in order to understand the views of local villagers regarding mining and was briefed about these meetings by Mr. Mainuram Kumeti and Mr. Ramlal Usendi. The team then proceeded to Khodgaon village in Narayanpur block, which is located at the border of the mine, with two Border Security Force camps located on either side of the road leading to the mine. At around 4 PM, on September 16, when the team was interviewing a group of around 30 villagers including Rowghat Sangharsh Samiti members Mr. Somnath Usendi, Mr. Lakhan Nureti and Mr. Narsingh Mandavi in front of the community hall, a few police and paramilitary personnel also reached the spot, accompanied by the Deputy Superintendent of Police, Mr. Lokesh Bansal and Mr. Sukku Nureti, a surrendered Maoist and member of the District Reserve Guard. These personnel observed local activists and villagers talking to the team about their apprehensions and opposition to the mines with great interest, and left the spot in their patrolling vehicle after a few minutes. Around 6 PM, as the interviews were winding down, around 25-30 motorcycles with 50-60 riders arrived suddenly at the spot. The mob was led by Mr. Bishel Nag, sarpanch of Khodgaon panchayat and president of the pro-mining Budha Dev Anjarel Mines Vikas Samiti, and most of the young men accompanying him were drunk. They shouted slogans in support of the Budha Dev Anjarel Mines Vikas Samiti, accosted and heckled the assembled villagers, and asked the team of activists and journalists to leave the spot immediately. Mr. Nag and others attacked the assembled villagers and members of the visiting team including several women, injuring many. The driver of the car hired by Ms. Verma and Mr. Chandrakar, and a local reporter from Narayanpur – he did not wish to be named – were badly beaten up. Mr. Chandrakar was grabbed by the collar in order to drag him out of the car. The car itself was kicked and damaged. Mr. Somnath Usendi and Mr. Narsingh Mandavi from the Rowghat Sangharsh Samiti were shoved and punched several times, and many women villagers were also pushed around and loudly abused. In the melee, members of the visiting team got separated. The driver of the car, the reporters and Advocate Ms. Shalini Gera were shoved into the car by the violent crowd and forced to drive away. They made their way to the office of the Superintendent of Police at Narayanpur but were followed by a vehicle without a number plate all the way. Meanwhile, Mr. Nohrit Mandavi, who got separated from the others and was walking to back to Narayanpur, and motorcycle-borne attackers including Mr. Bishel Nag and Mr. Suku Nureti for over one hour. He was then released by them. At around 7 PM, policemen in plainclothes and riding a motorcycle stopped him barely a kilometre from Khodgaon, confiscated his phone and Aadhaar card and forced him to write his address and contact number on a blank piece of paper. Along with Mr. Bishel Nag, Mr. Suku Nureti and other attackers on motorcycles, they yanked his hand and felled him to the ground, then they kicked him with their boots. They threatened to kill Mr. Mandavi if he was seen in the area again and said he would be given special “treatment” in Bharanda police station all through the night. He was rescued from his captors by DSP Mr. Bansal and other police officers at around 8 PM, after other members of the visiting team contacted the SP and requested his intervention. Before the arrival of the police, Mr. Bishel Nag, Mr. Suku Nureti and others told Mr. Mandavi that several young members of their team were willing to testify (falsely) that he was a Maoist who visited the Rowghat hills often to further the “movement”. They threated to lodge multiple FIRs against him based on such testimonies if he spoke about his torture. Under intense pressure, Mr. Mandavi did not speak about the torture to the SP and other police officials. He also informed his fellow team members about the torture a few days later, when they had time to talk in detail. The incident raises several questions regarding the involvement of police, paramilitary and elected sarpanches in muzzling local villagers’ peaceful protest against mining in the Rowghat hills. The sequence of events indicates that police and paramilitary are colluding with vested interests to carry out reprisals against protesting villagers and HRDs who visit the area to understand the conflict. When Ms. Gera and other members of the visiting team sought to meet Superintendent of Police, Narayanpur Mr. P. Sadanand urgently at his residence and his office regarding Mr. Nohrit Mandavi’s illegal detention and torture, they were kept waiting for over 40 minutes. Instead of asking team members about the attackers and the problems they faced in talking to villagers, he interrogated them, particularly the two tribal members, Mr. Keshav Shori and Mr. Nohrit Mandavi, about who they were, which village they were from, which organisations they belonged to, where such organisations were headquartered, who led them and so on. When team members told the SP that the Rowghat Sangharsh Samiti members were afraid for their own security, he said that all the youth in the affected villages wanted mining jobs, and that the Sangharsh Samiti people had “put their hands into a bee’s hive” (madhumakkhiyon ke chhatte me haath daala hai), so the reaction of the youth was only natural. Reprisals against villagers opposed to the mines and activists supporting their peaceful movement have continued after the violent incident. On September 17, a police officer from the Central Intelligence Bureau visited the office of Mr. Keshav Shori and discouraged civil society members from undertaking such visits to Rowghat. The same day, Mr. Narsingh Mandavi was publicly chastised for opposing the mines by a large crowd of villagers led by Gulab Baghel, one of the richest men in the area and an office bearer of the pro-mining samiti. Five women of Khodgaon also submitted a complaint to the Police Station at Bharanda regarding the violent attacks on their village by Mr. Bishel Nag and other prominent members of the prom-mining group.
- Impact of Event
- 6
- Gender of HRD
- Man, Woman
- Violation
- Death threat, Intimidation and Threats, Violence (physical)
- Rights Concerned
- Freedom of association, Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Community-based HRD, Environmental rights defender, WHRD
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Non-state
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Oct 20, 2022
- Country
- India
- Initial Date
- Sep 25, 2022
- Event Description
Ramon Magsaysay award recipient Sandeep Pandey and others who were scheduled to participate in the foot march, titled ‘Apologising to Bilkis Bano’ on Monday were detained by Gujarat Police on Sunday night.
The march was planned to be taken out from Bano’s native village Randhikpur in neighbouring Dahod district under the banner of ‘Hindu-Muslim Ekta Samiti’. The march was to conclude in Ahmedabad on October 4.
Bilkis Bano was five months’ pregnant when she was gang-raped by the Hindu mob while fleeing the anti-Muslim genocide that broke out in 2002. Her three-year-old daughter was among the seven killed by the Hindu mob. The 11 men convicted in the case walked out of the Godhra sub-jail on August 15 this year after the Gujarat government allowed their release under its remission policy.
“We only wish to apologise to Bilkis for whatever has happened to her and wish such heinous acts do not happen in an otherwise peaceful state of Gujarat,” the Hindu-Muslim Ekta Samiti said in the statement.
“We have been brought to a police station 15 km from Godhra. Our yatra was to apologize to Bilkis Bano, not to oppose the government. I am an anti-caste atheist, but as a person born into a Hindu family, I feel these people are a blot, and I am deeply ashamed,” Pandey said.
“This is happening in Gandhi’s Gujarat— Gandhi, who called for Truth and Non-violence. It is a matter of deep injustice that that the murderers and rapists were released and celebrated as sanskaari Brahmins, we peaceful yatris been detained. Why are they afraid of us?,” he added.
“It seems they will detain us for a day or more, so that the pad yatra does not take place as scheduled. Others who have not been detained might start the Yatra as planned. If we are prevented from doing the yaatra, I may do a 9 day fast in solidarity with Bilkis Bano,” said Pandey.
“Dr. Sandeep Pandey along with 6 others have been detained at the Godhra police station even before they could start their yatra demanding justice for Bilkis Bano. First, let the rapist free & then detain those demanding justice for victims. That’s gujarat model for us,” tweeted Gujarat MLA Jignesh Mevani.
The other detainees include Nitesh Gangaramani Bharatiya, Tanushree Gangopadhyay, Hanif Haji Kalandar, Noorjehan Diwan, Kausar Ali and T. Gopal krishna.
Hindus for Human Rights, a body of Indian Americans had demanded the immediate release of Dr. Sandeep Pandey and others.
“We demand that the peaceful padyatra in solidarity with Bilkis Bano be allowed to take place as planned,” it said in a statement.
- Impact of Event
- 7
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 20, 2022
- Country
- India
- Initial Date
- Sep 27, 2022
- Event Description
As part of a nationwide ‘crackdown,’ several hundreds of people have been arrested or detained in various states by the National Investigation Agency (NIA) for their alleged link to the Popular Front of India (PFI), which was banned on 27 September by the Ministry of Home Affairs.
The Quint spoke to the families of two such people detailed as part of this ‘crackdown.’ Both their family and friends say they weren’t part of the PFI, but of the National Confederation of Human Rights Organisation (NCHRO) and the Social Democratic Party of India (SDPI) respectively. However, the SDPI, which is the political arm of the PFI, hasn’t been banned.
The PFI was founded in 2006, and primarily enjoys popularity and sees the most membership in parts of South India – Kerala and Karnataka being the hubs of PFI’s base. But the PFI also has some presence in Delhi and Uttar Pradesh, among other states.
The Home Ministry has said it was “necessary to curb the nefarious activities” of the organisation, declaring the PFI an “unlawful association” along with “its associates or affiliates or fronts including Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organisation (NCHRO), National Women’s Front, Junior Front, Empower India Foundation and Rehab Foundation, Kerala”.
The Quint spoke to two such people detailed as part of this ‘crackdown’ – both their family and friends say they weren’t part of the PFI, but of the NCHRO and the SDPI respectively. However, the SDPI, which is the political arm of the PFI, hasn’t been banned. DU Student, First Person in Family To Reach College
Twenty-two-year-old Shoaib Ahmad was picked up by the police from his house in Delhi’s Shaheen Bagh at around 3 am on 27 September. The family, comprising of Shoaib’s parents and his two younger siblings, were fast asleep when 25-30 police personnel came ringing their doorbells. “They took away Shoaib and along with him also took away some of his books, his laptop and phone,” a relative who did not want to be named said.
Shoaib wasn’t part of the PFI, but used to volunteer with the NCHRO, which has been banned by the Union Home Ministry as one of the organisations “affiliated” with the PFI. Shoaib’s friends say he only recently began volunteering with the NCHRO, limiting himself to logistical work.
“He was a college student. So internships and volunteer work are always helpful for college students to get certificates. He would help the NCHRO with organising talks, making posters, communication work, etc.” Abuzar Chaudhary, a friend of Shoaib told The Quint.
Shoaib was a final-year student at Delhi University’s Zakir Hussain college, studying in the BA programme. He was the first from his extended family to make it to college, his friends said.
From a very humble family, Shoaib’s mother is a tailor and stiches clothes using her sewing machine at her home itself, while his father is a property dealer. “Their financial condition hasn’t been good for a while now. In fact, just a few weeks before his detention, Shoaib’s parents had managed to buy him a laptop. He really needed a laptop for his studies and was managing without one for so long. The laptop now lies in police custody,” Abuzar said.
Manishikha, another friend of Shoaib, said he was present in the anti-Citizenship (Amendment) Act (CAA) protests in Shaheen Bagh, which is when she met him for the first time. “Since then, I grew to know him as an ambitious and curious person, who wanted to study a lot and was constantly looking for avenues. He would ask me about master's programmes in various colleges, and was interested in studying international relations, philosophy and more subjects about the world. He began referring to me as ‘aapa’ and I too would think of him as a younger brother,” Manishikha told The Quint.
Manishikha added that he would volunteer with the NCHRO infrequently, since as “a person from a marginalised and economically strained background, he was more focused on excelling in studies.”
Shoaib was produced before the executive magistrate of the Delhi district court on the day of his arrest, and has since been in judicial custody, Manishikha said.
The Delhi Police's Special Cell unit along with district police had conducted raids across six districts in the city last week and nabbed 30 people allegedly linked with the PFI. Delhi Police Commissioner Sanjay Arora has in a notification declared and notified some addresses in Shaheen Bagh, Abdul Fazal Enclave and Jamia Nagar as being used for the purposes of carrying out “unlawful activities” of the PFI and its associates or affiliates.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 20, 2022
- Country
- India
- Initial Date
- Jul 2, 2022
- Event Description
About the Human Rights Defenders: Mr. Lutfar Rahman, Mr. Wasim Akram, Mr. Abdul Momin, Mr. Hanif Momin, Mr. Noor Mohammad, and Mr. Kaif Sk are members of the Bagicha, Jibika o Bosti Rokkha Committee (Committee to Protect Orchards, Livelihoods and Settlements), an organisation set up to represent the farmers of the Dadantola area in Farakka block of Murshidabad district. Mr. Akram and others have participated in numerous peaceful protests to safeguard their farmlands, homesteads and orchards since 2021, when they learned that high voltage transmission lines carrying electricity from a power plant owned by the Adani group in Jharkhand to Bangladesh would pass through their villages.
Background of the Incident: A high-voltage transmission line taking electricity from Adani’s Godda power plant in Jharkhand to Bangladesh passes through the villages of Dadantola, Samaspur, Imamnagar, and Gholakandi under Farakka police station in Murshidabad district of West Bengal. Farmers and agricultural workers in these villages are opposed to the setting up of transmission lines as they fear facing huge crop losses and loss of livelihood. They also allege that work on laying transmission lines through their properties was initiated without any intimation or consultation. On May 18, 2022, Mr. Lutfar Rahaman, one of the affected farmers and a member of Bagicha, Jibika o Bosti Rokkha Committee filed a writ petition in this regard in the Calcutta High Court (WPA 9159 of 2022). He submitted that since the transmission line had been installed through his orchard without any intimation, notice for land acquisition, and compensation, the transmission line could not be taken over his property. Details of the Incident: On June 3, 2022, at 20:05 hours, Mr. Sourabh Modi, Project In-charge for laying of transmission lines in Farakka, submitted a written complaint at the Farakka Police Station. He claimed that nine named accused including Mr. Lutfar Rahman and 11 unnamed accused attacked project workers with arms and damaged a drone earlier that morning. Police immediately registered an FIR (177/2022) against that Mr. Lutfar Rahman and other accused without even questioning them once, although they had peacefully protested against use of drones to survey their lands, and despite the fact that Mr. Rahman’s petition was being heard in the High Court. The accused were charged under Sections 341, 313, 325 307, 379, 427, 506, 34 of the Indian Penal Code. On June 26, 2022, at 8 AM, Mr. Lutfar Rahman, Mr. Wasim Akram, Mr. Hanif Momin, and other HRDs and villagers began a peaceful, sit-in protest in Dadantola village, fearing that transmission lines could be laid over their lands despite their opposition. At around 10 AM, a contingent of 250 police personnel led by Mr. Debabrata Chakraborty, Officer in Charge of the Farakka police station and the Joint Block Development Officer, Farakka reached the protest site at Dadantola. They asked the villagers to call off the protest, so work on setting up the power lines could be started, but villagers opposed this and began a Facebook Live session of their protest. The police remained stationed throughout the day and left the spot at 5 PM. On July 2, 2022, at around 9:30 AM while the protest in Dadantola was ongoing, a 500-strong police contingent led by Mr. Debabrata Chakraborty, Officer in Charge, Farakka police station, and Mr. Junaid Ahmed, Block Development Officer, Farakka reached the protest spot. They asked Mr. Lutfar Rahman and other villagers and HRDs to vacate the spot, but he told them that they had a right to protest peacefully and that his petition was being heard at the High Court. When Mr. Wasim Akram broadcast the argument between police officials and Mr. Lutfar Rahman and fellow villagers live on Facebook, Mr. Debabrata Chakraborty objected, and charged at the HRD with his baton, hitting him behind his head. Villagers took him to the Beniagram Primary Health Centre, where he received three stitches for his injury. Other police personnel also resorted to indiscriminate baton-charge, dispersing the peaceful protest, and injuring Mr. Hanif Momin and other HRDs who were treated at the primary health centre. The police contingent camped at Dadantola till the afternoon, ensuring work on laying transmission lines through the properties of Mr. Lutfar Rahman and other villagers was carried out despite the matter being sub judice. Police chased and baton-charged those who tried going near the transmission towers in a bid to prevent the work, leaving around 25 villagers with injuries. Police illegally detained Mr. Wasim Akram without providing any reason or showing any warrant when he was leaving the Beniagram health centre at around 12.30 PM after receiving treatment. Mr. Abdul Momin, Mr. Hanif Momin, Mr. Noor Mohammad, and Mr. Kaif SK were detained similarly from the protest spot. The HRDs were shown as arrested in connection with FIR no. 212/2022, Farakka Police Station, which was registered at 00:05 hours on July 3, 2022. The complainant, Lady Sub Inspector Ms. Salma Farida claimed that the five arrested HRDs, nine other named accused and 35-40 unnamed accused obstructed the laying of transmission lines and abused and attacked the police personnel. Mr. Wasim Akram, Mr. Abdul Momin, Mr. Hanif Momin, Mr. Noor Mohammad, and Mr. Kaif SK were produced in court on July 3 and remanded in Farakka jail. They were released on bail on July 18, 2022. It appears that the local police and administration was complicit in forcefully laying transmission lines through the properties of Mr. Lutfar Rahman and other villagers in Dadantola although the matter was sub judice. Police registered two fabricated cases against local HRDs including Mr. Rahman without any preliminary investigation, and arrested five HRDs in flagrant violation of the DK Basu guidelines, without showing any arrest warrant or providing them access to lawyers.
- Impact of Event
- 6
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Environmental rights defender
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Corporation Corporation (others)
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Sep 24, 2022
- Country
- India
- Initial Date
- Jul 27, 2022
- Event Description
About the Human Rights Defenders: Ms. Bimla Devi, Ms. Sunita Devi, Ms. Anita Devi and Ms. Tergani Devi are permanent residents of Lukumbar village in Garhwa district. Ms. Bimla Devi and others are members of the Korwa tribe and they had filed claims for individual and community rights in 2020 over a patch of land adjacent to their neighbourhood in the village, which has been kept in abeyance by the forest department.
Background of the Incident: Lukumbar village is located amidst dense forests in Ranka block of Jharkhand’s Garhwa district. Families belonging to the Korwa tribe who reside in Lukumbar have been cultivating a large patch of forest land adjacent to their neighbourhood in the village for over four generations, and a part of this land is also used by other villagers for grazing cattle, sorting minor forest produce and other activities. The Gram Pradhan (traditional village head) of Lukumbar Mr. Vasant Korwa has confirmed these facts. Villagers had submitted claims for individual and community rights over the said land under the Forest Rights Act, 2006 to the Sub Divisional Level Committee on July 20, 2020. On November 16, 2021, vide letter no. 762, the authority informed villagers that community claims could not be processed due to the COVID-19 pandemic. Although villagers’ claims over the said land are still pending, and Chapter III, Section 4(5) of the Forest Rights Act, 2006, clearly states that ‘no member of a forest dwelling Scheduled Tribe or other traditional forest dweller shall be evicted or removed from forest land under his occupation till the recognition and verification procedure is complete’, the forest department has been trying to free the land of encroachment and plant trees on it since 2021. But their efforts were thwarted due to protests from villagers on many occasions.
Details of the Incident: On July 27, 2022, at around 10 AM, a contingent of about 25 forest officials and police personnel led by the Van Kshetra Padadhikari, Ranka arrived in Lukumbar in three vehicles including a Commander jeep bearing registration number 0922. No women personnel were present in the contingent. Forest officials and police heckled Ms. Bimla Devi, Ms. Sunita Devi, who was six months pregnant, and other Korwa women working on their farm in the forest clearing, for which claims had been filed under the Forest Rights Act in July 2020. They asked the women to leave as they planned to plant saplings on the land as part of an afforestation programme. When Ms. Bimla Devi, Ms. Sunita Devi and other women working in the field objected to this, forest officials and police personnel abused them in casteist terms such as jangli, adivasi and korain. Forest guards and police then brutally baton-charged Ms. Bimla Devi and the pregnant Ms. Sunita Devi till they collapsed on the ground. Two other Korwa women, Ms. Anita Devi and Ms. Tergani Devi also sustained injuries during the baton charge. When Mr. Ramchandra Korwa and other villagers heard the cries of the women, they rushed to the spot. Heated arguments ensued with forest officials and police, and when the entire village gathered at the spot, the officials and guards left the village. On July 28, Ms. Bimla Devi and Ms. Sunita Devi sent a written complaint regarding the incident by post to the Officer in Charge of Ranka Police Station and the Superintendent of Police, Garhwa. The complaint, which was endorsed by other villagers, urged that an FIR be registered against the 25 forest officials and police personnel for openly flouting Section 4(5) of Chapter III of the Forest Rights Act, 2006. The complainants also urged that the perpetrators be booked under the SC/ST Prevention of Atrocities Act and relevant sections of the Indian Penal Code. It appears that forest officials and police personnel in Garhwa are trying to forcefully evict tribal forest dwellers from their homes and farms in flagrant violation of the Forest Rights Act, 2006. The fact that community claims regarding the said land have been kept pending since 2020, and the non-registration of an FIR based on a complaint by Lukumbar villagers stating forest officers and police broke the law, raise further questions about the intent of the forest department and the police.
- Impact of Event
- 4
- Gender of HRD
- Woman
- Violation
- Judicial Harassment, Vilification, Violence (physical)
- Rights Concerned
- Access to justice, Right to healthy and safe environment, Right to protect reputation
- HRD
- Land rights defender, WHRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Sep 24, 2022
- Country
- India
- Initial Date
- Sep 10, 2022
- Event Description
A fact-finding team which probed the murder of an anti-stone quarry activist has asked the state government to form an expert committee to inquire into the illegal activities of stone quarries in Karur district and submit a white paper on it. The nine-member team comprising Manapparai MLA P Abdul Samad of Manithaneya Makkal Katchi, Swaraj India party national president Christina Samy, R R Srinivasan of Poovulagin Nanbargal and advocates Mohan, Balamurugan, Kennedy and I Asir of HRD carried out day-long inspections at 26 quarries in K Paramathi area on Saturday. It was here that activist R Jeganathan, 49, of Kalipalayam was mowed down by a truck on September 10. Based on a complaint by his wife, police arrested S Selvakumar, 39, owner of Annai stone quarry in Kalipalayam village, truck driver Sakthivel, 24, and labourer Ranjithkumar, 44, for murder. The team met the victim's wife P Revathy and two sons. The team told reporters that none of the quarries they visited had any information displayed about their nature, extent, period of lease etc. This lack of basic information amounted to fundamental violation of mining rules. They said that over 200 quarries functioning in the district were dug to a depth of 350 feet or more. They mined the quarries beyond the permitted depth. They said the information provided by the officers about quarries was contradictory to what they found during the inspection. Hence, they demanded that the government form an expert committee under the direct monitoring of the chief minister which should come out with a white paper on the functioning of quarries. The team also insisted on providing security to social activists. Saying that Jeganathan faced threats to his life a few times earlier, the team demanded that the government announce Rs 50 lakh compensation to his family as well as a government job to a member. The body of Jeganathan was accepted by the family on September 14 after four days of protest.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Environmental rights defender
- Perpetrator-Non-State
- Corporation Extractive industries
- Source
- Monitoring Status
- Pending
- Date added
- Sep 24, 2022
- Country
- India
- Initial Date
- Sep 9, 2022
- Event Description
Victor Das, a teacher at a private coaching centre, was arrested on September 9 by Assam Police and slapped with several sections of the Indian Penal Code (IPC). This has spurred widespread reactions from across the spectrum of society. Das invited imposition of serious charges upon him in his attempt to raise some alleged corruption in the recently held ADRE (Assam Direct Recruitment Examination) for various grade III and grade IV posts under the government of Assam.
In his tweets, Das raised the issue by tagging the chief minister, Assam Police, DGP Assam and GP Singh (Special DGP in Assam). The tweet caused a stir as people on social media started expressing their discontent over the matter and urged the government and the police to take a serious note of the issue. The police ultimately arrested Das, and the court sent him to police custody for seven days. Das has been in police custody for the past four days.
The Background
The Assam government conducted the ADRE for around 26,000 jobs in grade III and grade IV categories. Around 12 lakhs youngsters applied for posts through the much-advertised recruitment process. Ministers and officials came out with directives to ensure that this time the examination and the entire recruitment process go without an iota of corruption and malfunction at any step.
Notably, in an unusual happening, the government suspended the internet on August 21 and 28 of August. There was also resentment from different sections of society towards such a drastic step by the government, especially from those who depend overwhelmingly on the internet for their daily business.
It is worth mentioning that Assam CM Himanta Biswa Sarma came out with a lofty claim of giving jobs to one lakh youths during his election campaign in 2021.
Victor Das appeared as a spoiler in the whole episode of chest-thumping about conducting an anomaly-free examination. As a private coaching centre teacher, Das also taught students who appeared for the ADRE. He even seemed jubilant in his earlier tweets when the examination papers included questions he had taught the students. However, things did not appear as smooth and clean as it was thought and advertised.
On September 7, Victor posted a tweet alleging the involvement of a massive lobby in the corruption, including ex-MLAs. He alleged that in what appears to be a scam, there are demands of money from Rs 3 lakhs to 8 lakhs for securing one of the jobs for which the ADRE was conducted.
Among all those tagged, including the CM Himanta Biswa Sarma, only GP Singh, the special DGP of Assam Police, was seen to have replied to Victor’s tweet, which still appears in the thread. GP Singh, in his reply, urged Das to provide specifics and details to be sent to his inbox. In his other tweets that alleged the leak of the ADRE question paper, responses from others could also be seen expressing the same apprehensions. A few of his students also replied, saying that the demand for bribe money for the job is genuine.
The issue took an ugly turn from here on. Das was summoned to a Guwahati police station as a part of an enquiry into the matter. After a daylong marathon questioning at the Panbazar police station, Das was arrested on September 9. On that day, the Twitter handle of Guwahati Police informed that Das has been arrested for spreading rumours and being involved in a conspiracy to create discord among various sections of the society.
Sections Imposed on Victor Das
Victor Das has been booked under sections 120B, 153, 153A, 384 and 505 of the IPC. Das is in police custody now as a court in Assam ordered him to be remanded for seven days. This is how a whistleblower ended up inviting charges of extortion, criminal conspiracy and intention to cause enmity between groups.
It is worth mentioning here that Das’s father died two years back, which Das alleges to be cold-blooded murder. He was often seen tweeting about the issue of his father’s alleged murder and he also said that he knew about the culprits.
Notably, in these earlier tweets, Das used to tag the same officials and the CM as he did in the recent case of alleged corruption in the ADRE.
His father, late Kumud Ch. Das, was an employee in the NF Railway and was in the process of uncovering a huge scam in his office, Das says in his tweets. The case is still not settled.
Right after Das was arrested, there has been widespread discontent among people, especially those who appeared in the ADRE with hope amidst acute unemployment in the state.
The opposition parties slammed the government, alleging that a complainant has been victimised. This is an obnoxious act of suppressing people's voices, the opposition claimed in unison.
Akhil Gogoi, MLA from the Sibsagar constituency, in his press statement said, “There is no more democracy in Assam now. How would anyone come out with complaints now? This is an act of fear-mongering and blatant suppression of people’s voice.”
Interestingly, ministers and MLAs in Assam have also seen commenting on the issue where they vehemently reject the allegations made by Das. CM Himanta Biswa Sarma said, “Is it a James Bond film? There are no anomalies.”
On the other hand, the police versions, including those from high profile officials, said that Das was given ample time and scope to prove his allegations. “But he could not bring any substantial evidence in support of his allegations. The persons he named in his statement were also questioned, but from them nothing came out as well,” said one senior police official in Guwahati.
DGP Bhaskar Jyoti Mahanta also hummed the same tone. In a media byte, he said, “Victor represented the matter very wrongly.” Mahanta was also in focus regarding his earlier comment where he said that if anyone is found to be involved in tempering the exam by any means, they will be beaten badly.
Senior advocates of the Gauhati High court have also raised serious apprehensions of the police act, especially on the sections that have been imposed on a whistleblower. Krishna Gogoi, an advocate at Gauhati High Court, said in a statement, “Victor only raised an issue and came out with some allegations. How can a complainant be arrested in such a manner with those sections imposed? The question is who filed the FIR against him? Was there anyone who filed the FIR?” Gogoi also apprehended whether the CRPC norms are being properly followed.
Santanu Borthakur, an eminent lawyer of Assam, said, “Assam police is acting like jokers. The 153A is imposed when a person’s statement can create division between two groups or communities. How can Victor’s sayings have fomented enmity and conflicts between two communities? If this remains as a precedence, then it will be dangerous for democracy. How would people come out to give complaints to police hereafter?”
Police raided Das’s house at Dadara yesterday and seized his laptop.
Das’s arrest and his being in custody for seven days raised more questions and apprehensions in Assam. However, with this also, the issue of corruption and money being involved in the recruitment process through ADRE could not have been suppressed.
Even after Das’s arrest, there are a few students who came out with the same allegations. Recently, Jaya Kalita of Rangia (Kamrup district) also shared her similar experiences earlier, where she pointed to the MLA of her constituency, Bhabesh Kalita. Kalita is the president of Assam BJP. Reports said that the state BJP president has even filed a case against Jaya Kalita, claiming her allegations to be false.
In what direction the allegations and counter allegations will move can only be seen in future. The fate of the aspirants participating in the ADRE is also a matter to be watched. However, the much-hyped clean recruitment process of the ADRE has been challenged by some youngsters, which has visibly irked the government.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to liberty and security
- HRD
- Whistleblower
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 24, 2022
- Country
- India
- Initial Date
- Aug 26, 2022
- Event Description
Safoora Zargar was jailed under the UAPA in the alleged conspiracy case related to the Delhi riots and was released on bail in June 2020 on humanitarian and medical grounds.
Jamia Millia Islamia has banned research scholar and activist Safoora Zargar from entering the university campus days after the administration cancelled her MPhil admission. Zargar was jailed under the Unlawful Activities (Prevention) Act in the alleged conspiracy case related to the Delhi riots and was released on bail in June 2020 on humanitarian and medical grounds.
After she was removed as a student on August 19, Zargar and other Jamia students had been participating in protests demanding that she be re-admitted and that she be given an extension to submit her thesis.
“It has been observed that Ms. Safoora Zargar (ex student) has been involved in organizing agitations, protests and marches on the campus against the irrelevant and objectionable issues to disturb the peaceful academic environment with few students who are mostly outsiders. She is instigating innocent students of the University and trying to use the University platform for her malafide political agenda alongwith some other students. Further, she is hampering the normal functioning of the institution.In view of above, the Competent Authority, for maintaining peaceful academic environment across the Campus, has approved Campus Ban on ex student Ms. Safoora Zargar with immediate effect,” the order reads.
Her admission was cancelled by the department of sociology in the university, citing "unsatisfactory" progress in her thesis work. Zargar enrolled with the department of sociology in the integrated MPhil/PhD programme in 2019.
In a notification dated August 26, the office of the dean, faculty of social science, said Zargar did not submit her MPhil dissertation within the maximum stipulated time of five semesters.
The dean's office has maintained that the action against her was taken on a recommendation made by the Research Advisory Committee (RAC) on July 5. The matter was approved by the department's Board of Studies on August 22.
Zargar had earlier said she was being denied extensions for submission of her thesis while they were being extended for other scholars. She said she received only one Covid extension while the University Grants Commission (UGC) offered five.
The UGC has granted four extensions for submission of MPhil and PhD thesis to help scholars make up for time lost due to the Covid-19 pandemic. The latest such extension was granted in May. Universities were allowed to give another extension of up to six months beyond June 30.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Administrative Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Right to education
- HRD
- Pro-democracy defender, Student, WHRD
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Related Events
- India: three student leaders, two of whom already detained, face judicial harassment over fabricated charges
- Date added
- Sep 24, 2022
- Country
- India
- Initial Date
- Sep 7, 2022
- Event Description
Two days after the Income Tax Department carried out “surveys” at their premises, global non-profit organisation Oxfam India and the Independent And Public-Spirited Media Foundation (IPSMF) that funds a range of digital media entities said I-T personnel confiscated phones of their team members for cloning to retrieve data.
In a statement Friday, Oxfam India said: “The Income Tax (I-T) department officials conducted an Income Tax ‘survey’ at the Oxfam India Delhi office from the 7th September 2022 noon to early hours of 9th September. During these 35 plus hours of non-stop survey, the Oxfam India team members were not allowed to leave the premises; the internet was shut down and all the mobile phones were confiscated.”
“The Income Tax survey team took away hundreds of pages of data pertaining to finances and programs of Oxfam India. They also took all the data by cloning the Oxfam India server and the private mobile phones of the Senior leadership team and the Finance lead,” it said.
“While the team conducting the survey was polite and professional, the process of a survey with such sweeping powers and broad ambit resulted in disappointing Oxfam India, an organisation that has been law-abiding and community centric,” it said, stating that Oxfam India was compliant with all local laws including the Income Tax Act and Foreign Contribution (Regulation) Act (FCRA).
The IPSMF said it received “no foreign funds at any stage”.
In a statement, T N Ninan, Chairman of the Board of Trustees of the IPSMF, said: “A team of income tax officials came for a “survey” to the Bengaluru office of the Foundation on Wednesday, September 7. They stayed till 4.30 this morning, going through the papers and records of the Foundation and asking questions. The Foundation’s staff were cooperative and answered all questions put to them on a wide range of matters. The officials took statements from three senior staff members.”
“All laptops and mobile phones were taken for cloning data in them and returned last night. All staff other than the CEO, Sunil Rajshekhar, were allowed to go home at various stages in the evening/night of September 7, and asked to return the following morning for further questioning. The CEO slept in the office for a few hours on the intervening night of September 7-8. The Board of Trustees compliments the staff on their good cheer and fortitude through the extended proceedings. The IT officials were courteous during their survey work,” he said.
“The Foundation believes that its affairs are entirely in order. Some media reporting on the IT survey has linked it to foreign funding and the funding of political parties. We wish to make it clear that the Foundation has received no foreign funds at any stage, and has funded only media entities. The Foundation believes in its mission of supporting independent and public-spirited media, and intends to continue its work,” Ninan said.
Think tank Centre for Policy Research (CPR), also subjected to an I-T “survey” Wednesday, too put out a statement Friday. “We hold ourselves to the highest standards of compliance and are confident that we have done nothing wrong. We are committed to working with the authorities to address any questions they might have,” CPR President and Chief Executive Yamini Aiyar said.
The statement said that as one of the 24 research institutes of the Indian Council of Social Sciences Research network, “CPR has all requisite approvals and sanctions, and is authorised by the government as a recipient under the Foreign Contribution (Regulation) Act”.
“We have extended full cooperation to the department during the survey, and will continue to do so in the future,” Aiyar said.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Enactment of repressive legislation and policies, Online Attack and Harassment, Raid
- Rights Concerned
- Freedom of association, Right to healthy and safe environment, Right to privacy, Right to work
- HRD
- NGO
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Sep 11, 2022
- Country
- India
- Initial Date
- Dec 26, 2021
- Event Description
About the Human Rights Defender: Mr. Rooplal Baiga (58) is a resident of Kurmitheel village. The HRD belongs to the Baiga community- a primitive tribe group- protected under the Prevention of SC/ST Atrocities Act. He has been associated with community organisations which work towards the rights of Adivasi communities in MP. Background to the incident: Kurmitheel village has faced an issue of fly ash being dumped on the lands owned by villagers, which has affected their crops. The fly ash was being transported through the road in front of HRDs house and had deposits in his house and his land. He had told the contractors to transport it properly and stated that he would file an official complaint. He has even stopped trucks from passing through the village to protest on behalf of the village as nearly all families were affected by this issue. Details of the Incident: On December 26, 2021, at around 11 pm, Mr. Baiga was going to tend to his field, when he was first verbally abused by three men. When he responded to the abuses and told them to stop, they held him down and beat him with a stick. As a result of the attack, he suffered grave injuries. The assaulters broke both his legs and his left arm. The assaulters also hurled casteist abuses on Mr. Baiga during the assault. The assault lasted for about 10 minutes. Hearing the commotion outside, neighbouring residents came out after which the assaulters fled the scene. After the attack, he was taken for treatment at a private hospital at Jabalpur. However, there was no MLC conducted as he did not go to a government hospital. On December 27, 2021, the HRD’s family approached Ghansore police station to file the complaint. However, Inspector Raman Singh Markam did not register an FIR and instead insinuated that the HRD had received injuries due to an accident. On January 10, 2022, the police at Ghansore police station registered an FIR (No. 0005/2022) regarding the attack, based on a complaint by the HRD. The FIR states that the police had made an entry (No. 14) in the general diary regarding the attack on December 27, 2021, at 4.26 p.m. The FIR has named three accused – Mr. Chandu Rai, Mr. Makbool Khan and Mr. Anurudh Patel who were charged under IPC sections 294 (obscene acts or songs in a public place), 323 (voluntarily causing hurt), 341 (punishment for wrongful restraint), 34 (acts done by several persons) as well as sections 3 (1) and section 3 (2) (va) of the SC/ST Prevention of Atrocities Act (PoA Act). The three are known to be local strongmen who work for the contractors the Jabhua Power Plant. The three wield considerable clout in the region and are not in police custody. The HRD and his family fear that they will use their clout and freedom to intimidate the HRD and his family further.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Community-based HRD, Land rights defender
- Perpetrator-Non-State
- Corporation Corporation (others)
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Aug 30, 2022
- Country
- India
- Initial Date
- Jan 24, 2022
- Event Description
Background of the Incident: Kasargod Tonka is an intergenerational fishing community and most have no other skillset or literacy to pursue an alternate profession. About 2000 women are part of this community who are engaged in traditional dry fish processing. Others are engaged in the sales and distribution of both fresh catch as well as dry fish. The community anticipates that a port handling coal and iron ore of this size on their beach would break the delicate ecological balance and put an end to their inter-generational livelihood. This coastal stretch is a sporadic Olive Ridley Turtle nesting site whose nests have been sighted by the locals, who also participate in the conservation jointly with the Karnataka Forest Department who document and record the nesting activity. The turtles, believed to be an incarnation of the Lord Vishnu, are worshipped by the fisherfolk. The local men and women of the community are being repeatedly harassed and intimidated by the current dispensation, through the filing of false FIRs against the Kasarkod Tonka fishing community members on trumped up charges involving petty issues. The police have indulged in instances of verbal abuse and powerful intimidation, while blowing out of proportion everyday matters. All this because the community members are simply standing up for their rights and protesting peacefully against the illegal road being constructed by the Port Department as an access road for the Honnavar Port. In 2010, Karnataka Government granted approval to construct a Barge/Vessel loading facility at Kasarkod Tonka, Honnavar Taluk, Uttar Kannada District, Karnataka. This was conditional, provided all permissions from other departments were obtained. Over the next 10 years, various permissions and approvals were moved by the project proponent - Honnavar Ports Pvt. Ltd. (HPPL). However, the fishing community of Kasarkod Tonka were extremely unhappy with this development since a project of this scale and size was not possible without severe social and environmental implications. Since then, the community had been consistent in calling out the issue of the siting of the port itself on an ecologically sensitive sandspit at the estuarine confluence of the River Sharavathi and River Bagadani. When the proposal for the port came to light, they made their distress evident through multiple representations to various authorities through the years. However, when their petitions went unheeded, they started peaceful protests. Finally, when the illegal road to the port on the beach, was being constructed in January 2022, and it posed imminent danger and a direct threat to their livelihoods and overall well-being, they chose to peacefully blockade the vehicles as a sign of protest, when the vehicles arrived with the construction material to build port/road for the port. The access to the proposed port was always via the existing roads and no new road via the beach had been proposed. However, construction of an illegal road which was not in the EIA and discussed in the public consultations by HPPL in 2011 was commenced in January of 2022. This road is an allied infrastructure to connect the port area to National Highway -66 for the upcoming Public Private port of Honnavar Port Private Ltd. The site of the road is unsurveyed land, an inter-tidal region, part of the coastal commons and comes under Coastal Regulation Zone III, No Development Zone (NDZ). Details of the Incident: On morning of January 24, 2022, at around 6:00 AM about 60-70 men and women of Kasarkod Tonka fishing communities gathered to sit in protest the laying of the illegal road outside their homes by Honnavar Port Private Limited. They had been sitting in protest from 6:00 AM until 8:30 AM when the Police Force and the port workers arrived. They were met with a quick and intense reaction from the police that had been deployed in large numbers at the location – a force of about 600-700 strong. The protesters including the women were not spoken to or addressed by the police. The men were immediately pushed into police vans. As they tried reasoning with the police, 14 women were immediately picked up with force (they were hit and verbally abused) and pushed into two tempos that were waiting without any provocation and with no disclosure to where they were being taken. Some of them were physically carried by their hands and feet by some of the 15 women police officers present. Their phones were confiscated. All the detained women were asked to fill a form with their personal details in a document which said “Prisoners details”, where the women were asked not to mention the injuries they sustained while being forcibly picked up by the police personnel. Of the 27 women detained, 1 was pregnant, 1 was a breastfeeding mother, a few had their periods and some were elderly women. The pregnant woman (about 7 weeks pregnant) lost her unborn child two days after this detention day on January27, 2022. At around 8 pm, once the road work had progressed and 90% of dumping of red soil and large stones was completed for the day the woman protestors were allowed to go. None of the women police accompanied them back and they were sent back in a private tempo that had been hired from a transporter that dropped them back at the location from where they had been picked up. The entire machinery of the state has been used against the fisherfolks who were merely protecting their livelihoods. The biodiversity of this region will be impacted negatively including the Schedule I species, the Olive Ridley Turtle. This region is highly sensitive and fragile; it is already highly threatened due to Sharavathi river being dammed upstream and in Kasarkod Tonka where it joins the Arabian Sea is prone to high erosion and accretion since the river meets the sea. This estuary is unique since it is home to marine life which is not found anywhere else. Thousands of people depend on the river and the sea for their simple livelihoods and nutritional needs. The project will pollute the recharge area of the local water resources, on which it is proposed to be constructed, but will also be a big consumer of the water resources, thus denying tens of thousands of local fishers of the region the precious and limited water resources on which their lives and livelihoods depend. Additional burden on this already suffering community is caused due to the constant movement of heavy machinery and vehicles for the port related work that has now created fault lines and cracks in the homes of some of the residents. Damages are of a different nature: • Houses where grey water pipelines have been destroyed, causing health issues to the family as the water constantly accumulated there. • Small kirana shops attached to some of the family homes have been demolished with no notice or permissions • Makeshift shelter for vehicles outside their homes in the way of the road has been demolished with no notice False and wrongful FIRs were filed against the fishing community of Kasarkod by the Honnavara police on November 09, 2021, wherein FIR no:0303/ 2021 was filed under IPC 143(unlawful assembly),147(Rioting),323(voluntarily causes hurt),341(wrongful restraint),504(Intentional insult with intent to provoke breach of the peace),506(criminal intimidation), 149 (Every member of unlawful assembly guilty of offence commit-ted in prosecution of common object) on Jagadish Ishwar Tandel, Ramesh Manjunath Tandel, Prashant Rama Tandel, Manjunath Narayan Tandel, Keshav Narayan Tandel, Kartik Krishna Tandel, Chandrakant Durgayya Tandel. On January 24, 2022, FIR no: 0034/2022 was filedunder IPC 506(criminal intimidation), 504(Intentional insult with intent to provoke breach of the peace), 143(unlawful assembly), 147(Rioting), 149 (Every member of unlawful assembly guilty of offence commit-ted in prosecution of common object), 447 (criminal trespass) on Renuka Ganapati Tandel, Sudha Sanjay Tandel, Parvati Datta Tandel, Susila Mahesh Banavali, Nagaveni Deepak Mesta, Pranitha Hari Tandel, Managal Nagaraj Tandel, Rekha Rajesh Tandel, Mangala Sheshagiri Mesta, Parvati Madev Tandel, Sunita Santosh Tandel, Saraswati Vishnu Tandel, Sunita Ravi Tandel, Sachin Santosh Tandel, Jeevan Ganapati Kharvi, Rahul Datta Tandel. On January 25, 2022, FIR no: 0035/2022 was filed under IPC 506(criminal intimidation), 341(wrongful restraint), 504(Intentional insult with intent to provoke breach of the peace), 143(unlawful assembly), 147(Rioting). The latest FIR has ben filed on the peaceful protestors on June 03, 2022, FIR no: 0213/2022 under IPC 506 (criminal intimidation), 341(wrongful restraint), 504(Intentional insult with intent to provoke breach of the peace), 143(unlawful assembly), 147(Rioting), 149 (Every member of unlawful assembly guilty of offence commit-ted in prosecution of common object) on Ganapati Ishwar Tandel, Bhaskar Ishwar Tandel, Ramesh Ishwar Tandel, Narasimha Nanda Kharvi, Madev Shivaram, Preeti Ganesh Tandel, Chetana Yaande Sudha Sanjay Tandel, Parvati Datta Tandel, Rekha Rajesh Tandel. These false complaints have impacted the mental health and caused severe stress to many of them, this active group of citizens who were targeted by the false complaints are part of several Olive Ridley turtle conservation efforts, beach cleaning and many such environmental activities. The protestors do not have any clarity if an FIR has been filed, no clear information or documents are being shared and given that they are illiterate, they are being clearly intimidated by the process. Such ill treatment of peaceful citizens, especially women standing up for their human and environmental rights by the Karnataka police is deplorable.
- Impact of Event
- 27
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Aug 30, 2022
- Country
- India
- Initial Date
- Aug 18, 2022
- Event Description
While he was doing a Facebook live showcasing unauthorised activities allegedly by cops and traffic brigade (TRB) jawans, lawyer activist Mehul Boghra was attacked in the Laskana area by a cop in civil dress who injured him with a stick. The attack was captured live in the video show. Known for making live videos through his social media platforms about alleged irregularities of traffic police, Boghra needed four stitches on his head and is under treatment at a hospital. "The person who attacked me is Sajan Bharwad, supervisor of TRB. I had recently warned him, the police and other TRB jawans to stop collecting money from commercial vehicles as he was doing this near my office," Boghra told TOI. "They, in turn, threatened to kill me. Recently, they again started the same activity but changed the location," said Boghra, adding that he came to know about it and after verification went to do a live video on Thursday. Within seconds of him starting the video, a man pulled out a stick from an auto rickshaw and started hitting Boghra, while the video shows cops in uniform standing nearby. Boghra was helped by his known persons and taken to the hospital. "Police are yet to register an FIR in the case even after seven hours. They are not ready to register the offence under attempt to murder and make the other cops present at the spot as co-accused," Boghra alleged. "An inquiry has been ordered into the incident and necessary actions will be taken based on the report," said Usha Rada Desai, deputy commissioner of police, traffic sector I.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Online, Right to healthy and safe environment
- HRD
- Lawyer
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Aug 22, 2022
- Country
- India
- Initial Date
- Aug 4, 2022
- Event Description
On 4 August 2022, the Allahabad High Court rejected the bail application filed by human rights defender and journalist Siddique Kappan. The human rights defender was arrested on 5 October 2020 by the Uttar Pradesh Police along with three others, while he was on his way to investigate the gang rape and murder of a 19-year-old Dalit woman in Hathras, and has been since detained at Mathura Jail. Siddique Kappan has been charged with serious offences under the Indian Penal code, including the stringent Unlawful Activities Prevention Act (UAPA). In November 2020, the Kerala Union of Working Journalists filed an affidavit before the Supreme Court of India, stating that Siddique Kappan had been subjected to physical and mental torture while in custody of the police. Siddique Kappan is a human rights defender and journalist who reports extensively on human rights violations faced by religious and caste minorities in India. He is a regular contributor for the Malayalam news outlet Azhimukham and Secretary of the Delhi Unit of the Kerala Union of Working Journalists (KUWJ). On 4 August 2022, the Allahabad High Court rejected Siqque Kappan’s bail application. The court stated that the charges against the human rights defender in the charge sheet filed by the police appeared to be prima facie true and that he “had no work in Hathras”. However, Siddique Kappan has had decades of experience in investigative reporting and was visiting Hathras to report on the brutal rape and murder of a Dalit woman by upper-caste men. Siddique Kappan had approached the High Court after a Mathura Court had rejected his bail plea in July 2021. On 5 October 2020, the Uttar Pradesh Police arrested Siddique Kappan under Section 116 (6) of the Criminal Procedure Code which relates to causing breach of peace. However, charges under Sections 17 and 18 of the UAPA, sedition and criminal conspiracy were added on 7 October 2020. In the affidavit filed by KUWJ before the Supreme Court, they alleged that between 5 and 6 October 2020, Siddique Kappan was subjected to serious torture including beatings, sleep deprivation, denial of medication and mental torture. It is deeply concerning that charges of terrorism were added against the human rights defender after claims that he was tortured by the police in custody. On 28 April 2021, the Supreme Court of India directed the Uttar Pradesh government to transfer Siddique Kappan to a hospital in New Delhi because he needed urgent medical treatment. The human rights defender tested positive for COVID-19 while in hospital. During the night of 6 May 2021, he was secretly taken back to Mathura Jail by the police, without informing his wife or lawyer. According to the India Press Freedom Report 2021 by the Rights and Risks Analysis Group, the state of Uttar Pradesh saw at least 23 targeted attacks on journalists and media organizations in the past year, ranking worst only after Jammu and Kashmir.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Date added
- Aug 14, 2022
- Country
- India
- Initial Date
- Jul 26, 2022
- Event Description
On July 26, police in New Delhi ordered Nair to appear in a court in Gandhinagar, the capital of the western state of Gujarat, on July 29, according to multiple news reports and the journalist, who spoke to CPJ in a phone interview. The police presented Nair with a bailable arrest warrant, which required his presence in court but did not mandate his arrest, according to those sources.
Nair, a frequent contributor to the news websites The Wire, Newsclick, and Janata Ka Report, was summoned in response to a complaint filed in Gandhinagar by Adani Group, a multinational business conglomerate that he has covered in his reporting, according to those sources.
“The criminal defamation suit by Adani Group against freelance journalist Ravi Nair is an attack on press freedom and a part of the conglomerate’s tactic of initiating strategic litigation against journalists,” said Carlos Martinez de la Serna, CPJ’s program director, in Madrid. “India’s authorities must ensure that powerful business groups cannot abuse the country’s legal system to silence critics.”
Nair told CPJ that the arrest warrant did not specify how he had allegedly defamed the company, and said he had not seen a copy of Adani Group’s actual complaint. If charged and convicted of criminal defamation, he could face up to two years in prison and a fine under Indian law.
In 2019 and 2020, Nair published investigative reports about the company in Newsclick, in which he alleged that the company had used its political influence to secure the rights to develop and operate airports throughout India. Last July, he authored a two-part report about offshore investors in the company for AdaniWatch, a nonprofit news group that documents the conglomerate’s activities.
Adani Group, which is controlled by Gautam Adani, the fourth richest man in the world, has previously filed defamation suits against journalists including Bodhisatva Ganguli, Pavan Burugula, and Nehal Chaliawala of the Economic Times, Latha Venkatesh and Nimesh Shah of CNBC TV18, freelance journalist Paranjoy Guha Thakurta, news website Newsclick, and the news magazine Economic and Policy Weekly.
CPJ emailed the Gandhinagar district court and Roy Paul, Adani Group’s associate vice president for corporate communication, for comment, but did not receive any replies.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Corporation Corporation (others)
- Source
- Monitoring Status
- Pending
- Date added
- Jul 31, 2022
- Country
- India
- Initial Date
- Jul 7, 2022
- Event Description
The World Organisation Against Torture (OMCT) is deeply concerned about the detention conditions and worsening health conditions of human rights defenders Mr Gokarakonda Naga Saibaba, detained in Nagpur Central Jail, Maharashtra state; and Messrs Gautam Navlakha and Sagar Gorkhe, detained in Taloja Central Jail, Maharashtra state.
The OMCT has been informed of the deteriorating health of Mr Gokarakonda Naga Saibaba, who suffers from a severe physical disability as well as several life-threatening health issues including a heart condition, a brain cyst, hypertension, breathing difficulties and symptoms of an untreated heat stroke due to the intense heat in his cell. Moreover, he contracted Covid-19 twice in jail, in January 2021 and in February 2022. These conditions have worsened during his detention in solitary confinement and carry a significant risk of proving fatal in case of further refusal of treatment. His medical bail requests have been systematically denied, as well as his request to be transferred to a prison in Hyderabad city to be closer to his family and for them to provide him with the medication his health condition requires.
Concerns over the critical condition of Mr Saibaba have been voiced by the United Nations (UN) Special Rapporteur on Human Rights Defenders, who called for his urgent hospitalisation in January 2022. Since 2018 UN Special Rapporteurs have called for the release of Mr Saibaba and alerted about the ill-treatment or even torture dimension of his detention conditions.
Messrs Gautam Navlakha and Sagar Gorkhe currently face degrading prison conditions that put their health and lives at risk at Taloja Central Jail. Citing security reasons, jail authorities seized the mosquito nets both human rights defenders previously had access to. The OMCT notes that the above-mentioned prison is located in an area with a high risk of malaria and dengue infection.
On July 7, 2022, the National Investigation Agency (NIA) court in Mumbai rejected Messrs Gautam Navlakha and Sagar Gorkhe plea to use mosquito nets in prison. The OMCT notes that this decision is inconsistent with a previous NIA court decision. On July 4, 2022, in a similar case, this court allowed mosquito nets to an undertrial in Taloja jail.
We respectfully remind you that the detention conditions of Messrs Gokarakonda Naga Saibaba, Gautam Navlakha and Sagar Gorkhe contradict the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), particularly Rules 24, 25, 27, 30, 31 and 35 that state adequate and prompt access to health care services for prisoners is a responsibility of the State and prison director. Rule 32 establishes the duty of the State to treat and prevent any diseases, which in a region prone to contagious diseases should include effective measures against mosquito bites. Prolonged solitary confinement is prohibited under Rule 43 and in the case of Mr Saibaba, a case of a prisoner with disabilities, particularly forbidden under Rule 45. The ongoing detention of Mr Saibaba has resulted in an exacerbation of his severe health conditions, which risks being fatal. This is conflicting with Rule 109.
We recall that prominent human rights defender Father Stan Swamy, who was 84 years old and suffered from advanced Parkinson’s disease and was detained in Taloja Central Jail, was systematically denied bail and died in custody on July 5, 2021, after 270 days of arbitrary detention. The OMCT was also informed that prior to the custodial death of Stan Swamy, on May 18, 2021, a petition was submitted with the National Human Rights Commission of India (NHRC) highlighting abysmal dwelling conditions in Taloja and Byculla jails raising severe health concerns. However, the NHRC failed to take timely action. NHRC's notice on August 4, 2021, on Stan Swamy's custodial death, is yet to be fully honoured by the District Magistrate Mumabi Suburban.
We respectfully request you to direct prison authorities in Nagpur and Taloja jails to ensure adequate and humane detention conditions for the detainees in line with international human rights standards. This includes providing Messrs. Navlakha and Gorkhe with mosquito nets to ensure their right to health is adequately respected and protected, and immediately granting Mr Saibaba’s appeal to be shifted to a jail in Hyderabad city on humanitarian grounds.
We also urge you to direct the NHRC to exercise Section 12 (c) of the Protection of Human Rights Act and undertake visits to Nagpur and Taloja jails to assess the detention conditions.
We respectfully also appeal that all human rights defenders, subjected to prolonged pretrial detention in the ‘Bhima Koregoan Case’, lodged in Byculla and Taloja jails, and Mr Saibaba in Nagpur jail, are not subjected to solitary confinement and are granted telephonic and video calls with their family members, as the latter live in states all across India and face significant challenges to visit the detainees.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Administrative Harassment
- Rights Concerned
- Right to health, Right to healthy and safe environment
- HRD
- Community-based HRD, Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: three community-based defenders detained on false charges, India: two HRDs sent to custody on fabricated charges
- Date added
- Jul 31, 2022
- Country
- India
- Initial Date
- Jun 30, 2022
- Event Description
Sharjeel Imam, who is in judicial custody in connection with the February 2020 Northeast Delhi riots case, has now moved court alleging that he was assaulted by convicts at Tihar Jail and called a terrorist during a search inside his cell.
An application was moved before a link judge of Karkardooma Court in New Delhi by Sharjeel Imam’s lawyer Ibrahim to issue a show case notice to jail authorities for the “illegal assault and search committed upon the applicant” and to direct authorities to take immediate steps to protect him from any “further assault/ harassment”, reported the Indian Express.
In his application, Imam has reportedly claimed that the Assistant Superintendent along with “8-9 convicts came to the cell of the applicant in the name of carrying out a search” and during this “illegal search, the petitioner’s books and clothes were thrown away and he was assaulted and called terrorist and anti-national when he prevented them from throwing stuff.”
According to the Indian Express, Imam even “requested the AS to prevent them from doing the assault as the AS was present there during the entire episode, but to no avail… he was further assaulted by the convicts.” He further alleged that “no contraband was recovered.” Instead, the convicts suggested to “place some contraband to put him in trouble.”
The application also sought directions to jail authorities to preserve the CCTV footage of the jail from 7:15 P.M to 8.30 P.M on June 30, when the said incident took place.
Ibrahim told the Indian Express, “I moved the application to secure his safety. This is the first case of an assault that was disclosed by a riot accused. Search operations are regularly carried out inside his cell and they have never found contraband. This time, jail staff came with convicts which is illegal. Only jail staff can check the cells.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: student leader arrested in connection to riots occurred while he was under custody
- Date added
- Jul 30, 2022
- Country
- India
- Initial Date
- Jul 26, 2022
- Event Description
Aakash Hassan, an independent Kashmiri journalist alleged being stopped from travelling abroad on Tuesday at IGI airport, New Delhi.
“Immigration officials at IGI airport New Delhi barred me from boarding a flight to Colombo, Sri Lanka. I was headed to report on the current crises in the country. The immigration officials took my passport, and boarding pass and made me sit in a room for the last four hours. The officials are not giving any me any reason for why I am not allowed. A staff from the airlines I was travelling in told me that officials have directed them to offload my luggage from the aircraft. I was questioned by two officials about my background, travel purpose,” he tweeted.
“After making me wait for five hours, without providing even water to drink. I have been handed over my passport and boarding pass with a red rejection stamp: “Cancelled Without Prejudice”,” he further said.
Sanna Irshad Mattoo, a Pulitzer award-winning Kashmiri photojournalist was also reportedly not allowed to fly from Delhi to Paris here on July 2, 2022.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment, Restrictions on Movement, Travel Restriction
- Rights Concerned
- Freedom of movement, Freedom of expression Offline
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 30, 2022
- Country
- India
- Initial Date
- Mar 14, 2022
- Event Description
About the Human Rights Defenders: Mr. ArpudhaKani (53), is a farmer and land rights activist from Madatha Kulam, P Mariyur Panchayat, Kadaladi Taluk, Ramanathapuram. He is an active member of Maan Meetpu Kulu organisation who work for the protection of agricultural lands in the locality of Kadaladi Taluk.
Background of the Incident: Mr. ArpudhaKani and other members of Maan Meetpu Kulu have protested on multiple occasions against the realising of industrial waste and encroachment on land by Chemfab Ltd. affecting the lakes, fertility of agricultural lands and the ground water in the locality of Kadaladi Taluk. On November 01, 2021, and on March 09, 2022, complaint letters were given by members of Maan Meetpu Kulu to the District Collector for protection of the land and regarding the possible attacks by the Chemfab limited on the members of Maan Meetpu Kulu. Details of the Incident: On March 14, 2022, at around 7:30 pm Mr. Arpudhakani was returning home from his daily work in his two-wheeler when a group of assaulters attacked him near the main gate of Chemfab limited. His two-wheeler was pushed down and the HRD was beaten and stabbed with a knife. Once the assaulters left the place thinking Mr. Arpudhakani was dead the locals and his brother Davidraja took him to the Kadaladi Government hospital and admitted him for his treatment.
On March 15, 2022, a FIR was filed at the Sayalkudi Police station in which 13 accused are charged on sections 147(Punishment for rioting), 148(Rioting, armed with deadly weapon), 341(Punishment for wrongful restraint), 294(b) (sings, recites or utters any obscene song, ballad or words, in or near any public place), 324 (Voluntarily causing hurt by dangerous weapons or means).
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Community-based HRD, Environmental rights defender
- Perpetrator-Non-State
- Suspected non-state
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Jul 30, 2022
- Country
- India
- Initial Date
- May 31, 2022
- Event Description
About the Human Rights Defenders: Mr. Somnath Dugga is a member of the Rowghat Sangharsh Samiti, an organisation fighting against the Rowghat iron-ore mining project in Chhattisgarh’s Narayanpur district. He is also the Gram Patel (traditional village headman) of Anjarel village in Narayanpur, located on the edge of the mine, and has participated in numerous peaceful protests against the project in the past few years.
Background of the Incident: Anjarel village, which falls under the jurisdiction of the Bharanda Police Station in Narayanpur district, is home to about 25 Adivasi families. Located barely 50 metres away from the edge of Bhilai Steel Plant’s Rowghat iron-ore mine, Anjarel is not shown as displaced in the environmental and forest clearance granted to the project. Local authorities had also assured the gram patel Mr. Somnath Dugga and villagers that it would not be affected by mining activities. But blasting and digging activities that began six months ago have damaged farm lands and houses in the village. The Rowghat Sangharsh Samiti has organised several protests against these moves in the past six months.
Details of the Incident: On May 31, 2022, at 9:00 PM, around 15-16 District Reserve Guard (DRG) personnel led by Mr. Suku Nureti, Mr. Manu Ram Dugga arrived at Mr. Somnath Dugga’s residence on six motorbikes. The personnel – all men – were in civil dress and carrying arms, and some of them had their faces covered with cloth. They forcefully barged into the house, started thrashing the HRD with batons and boots, and dragged him out without giving any reason for their assault. They severely tortured Mr. Dugga in front of his house with batons, logs of wood and kicks till he lost consciousness. When Mr. Dugga’s mother tried to intervene, they put a gun on her chest and threatened to kill her. DRG personnel also assaulted other family members who tried to prevent them from torturing the HRD. They slapped his wife, hit his mother and other family members Mr. Kamlesh Dugga, Ms. Hembati Dugga and Ms. Lalita Dugga (who was carrying an infant) with batons on their back, waist and buttocks. The DRG personnel then abducted Mr. Somnath Dugga. They lifted him by his hands and feet, carried him till the foothills, where an official police vehicle (Bolero) was waiting, bundled him into the vehicle, and took him away to an unknown place. The HRD was unconscious at the time and wearing only an underwear, as his clothes were torn during the assault. The DRG personnel did not tell the family anything about whether there was a case against the HRD, or where they were taking him. At around 10.30 PM, Mr. Dugga’s family members and neighbours visited the Bharanda Police Station to inquire about him, but police officials said they did not know anything and asked them to check with the Narayanpur Police Station. When other HRDs called the Officer in Charge of the Narayanpur police station, he denied having any information in the matter. On June 1, 2022, at around 10 AM, Mr. Dugga’s family received a call from Narayanpur Police Station, informing them that the HRD had been released. They also showed the family a statement bearing Mr. Dugga’s signature claiming the police did not assault or torture him (Mr. Dugga stated he was forced to sign on the statement by police personnel). Family members then took the HRD for a medical check-up to the District Hospital, Narayanpur, where he was admitted, and where he underwent treatment for seven days. The admission ticket mentioned police assault and noted that Mr. Dugga was still unconscious at the time of admission, with swelling and blood clots on his back, legs and chest. After his release from the hospital, Mr. Dugga was treated for dislocation of his knee by a traditional healer in the village. On June 1, 2022, Mr. Dugga’s mother lodged a written complaint at the Bharanda Police Station regarding the torture and illegal detention, asking for the registration of an FIR against Mr. Manu Ram Dugga and other DRG personnel within five days. Though the complaint was received at the police station with a stamp, no FIR has been registered yet. Meanwhile, personnel from the Bharanda Police Station visited Anjarel and threatened to implicate Mr. Somnath Dugga and witnesses who signed the complaint regarding his torture if they pursued the matter any further.
- Impact of Event
- 6
- Gender of HRD
- Man, Woman
- Violation
- Abduction/Kidnapping, Death threat, Intimidation and Threats, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Community-based HRD, Environmental rights defender, Family of HRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Jul 30, 2022
- Country
- India
- Initial Date
- Jun 3, 2022
- Event Description
A Right to Information (RTI) activist was allegedly shot dead by unidentified persons near the Public Works Department (PWD) office in Madhya Pradesh’s Vidisha on the evening of Thursday, June 3.
Forty-two-year-old Ranjeet Soni had earlier worked as a government contractor.
District Superintendent of Police Monica Shukla said Soni was a resident of Ashoknagar district. “He was shot in the head from behind, from a close range, in the portico of the PWD office,” she said.
“CCTV cameras at the PWD office premises were not functioning, and police are looking for footage of cameras installed in the surrounding areas,” the SP said.
“The assailants escaped from the spot after the incident,” said Additional Superintendent of Police Samir Yadav.
Soni used to collect information, quite often related to government works, by using the RTI Act, he said.
The news agency IANS has quoted Yadav as having said that Soni had gone to the Janpad Panchayat office to collect some documents when he was killed.
More than 100 RTI activists or users have lost their lives since 2011, Aruna Roy, Mayank Labh and Meera M. Panicker noted in a piece for The Wire earlier this year.
By 2016, 311 instances of attacks on or harassment of citizens who sought information under the Act had been recorded.
In November last year, the discovery of the charred body of 22-year-old RTI activist Buddhinath Jha who had ‘exposed’ illegal medical clinics that were operating in a Bihar village led to outrage.
In September last year, Vipin Agarwal, a Bihar-based RTI activist who had raised the issue of illegal encroachment by land mafias in the district through his queries was shot dead in broad daylight.
Six months after Agarwal’s murder, his 14-year-old son died by suicide on March 25, this year. Family members had told The Wire that the teenager had been deeply disturbed with the fact that police had not taken action to arrest the main culprits in the case.
A month after an RTI activist in Madhya Pradesh’s Vidisha was shot dead at a government office, a fact-finding team has released a report noting that he had been under severe pressure from local government contractors to stop his activities.
The team travelled to Vidisha on June 19 to meet the family of Ranjeet Soni, who was killed on June 2. It comprised Anjali Bhardwaj, Rolly Shivhare and Amrita Johri who are members of the working committee of the National Campaign for Peoples’ Right to Information; Ajay Dubey who is board member of Transparency International, India, and Santosh Malviya who works with Dubey in Madhya Pradesh.
The report states that Soni’s widow Gayatri said that he was most recently pursuing issues related to fake Fixed Deposit Receipts (FDRs) made by certain contractors in collusion with officials to bid for government contracts.
Soni himself was a contractor on government works but stopped working with two of those arrested for his murder – Jaswant Raghuvanshi and S. Kumar Choube – after a falling out. Police have arrested three others, including the shooter Ankit Yadav who was allegedly assigned the task.
Soni had been using the RTI Act to access details of public works and government expenditure and would file complaints against irregularities he had noticed. Local journalists told the fact-finding team that over 130 RTI requests had been filed by him.
Soni had not just been collecting information but also seeking redress.
Based on the RTI replies, he filed complaints to various authorities including the Lokayukta, public works department and the Chief Minister’s Office seeking appropriate action into the allegations.
“A perusal of the RTI applications filed by him show that in several cases he was seeking information which in any case should have been proactively disclosed by the concerned public authority as required under Section 4 of the RTI Act,” the fact-finders’ report notes.
The fact-finding report notes the discovery of several RTI applications made by Soni to unearth allocations and acquisitions at government hospitals, eligibility of persons appointed for government jobs, and details of road constructions. In 2016, Soni filed a police complaint alleging a physical attack by Raghuvanshi and his people over an RTI on road construction deals filed by him. Raghuvanshi allegedly also got a person, who Soni alleges he did not even know, to file a case under the SC/ST Act against him.
In April this year, S. Kumar Choube wrote to the Divisional Project Manager of Vidisha’s public works department, asking to be informed if information is provided to Soni under the RTI.
The family, even before Soni’s death, had made significant changes to their lives to accommodate the shift in Soni’s profession, even selling their house and moving when payments to Soni stopped due to “action by these contractors.”
Crucially, the day after Soni was killed was when the next hearing of a case arising from a dispute of a bounced cheque allegedly given by Soni was scheduled. Gayatri and Soni’s lawyer told the team that evidence of corruption against the contractors was to be presented on that day.
“In our view, the connection between Ranjeet’s murder and his use of the RTI Act to access information and expose alleged corruption/irregularities cannot be denied,” the team notes in the report.
In addition to the criminal investigation into the murder of Soni, other related aspects also need to be pursued strongly, the report says, especially stressing on his complaints to various divisions of the government.
“The family is in deep financial crisis and the government must provide immediate compensation to the family,” the report also says, noting his wife’s meagre earnings of Rs 2,000 per fortnight as a handicrafts trainer and the fact that that couple have two schoolgoing children.
The report also requests relevant public authorities to place in the public domain, on the website of the concerned public authorities, all the RTI applications filed by Soni in the last one year (including any pending applications) along with the information and replies.
Publicity to information being pursued by people who are killed potentially acts as a deterrent against such attacks in the future, the report observes.
It also recommends the setting up of an inquiry committee, headed by a senior PWD official from outside the district, to probe into the various complaints of corruption and financial irregularities filed by Soni to the PWD.
In addition to fast-tracking the Lokayukta complaints that had been filed by Soni and a thorough police probe into his death, the fact-finding team also asks for a policy or law to provide protection to whistleblowers and people exposing corruption.
“…[The] Whistle Blowers Protection Act which was passed by Parliament in 2014 but has not been operationalised till date as the Central government has not notified the requisite rules,” the report observes.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- RTI activist
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Jul 30, 2022
- Country
- India
- Initial Date
- May 1, 2022
- Event Description
About the Human Rights Defender: Mr. Rama Muduli is a member of the Koraput Jan Suraksha Sangh, an organisation that works towards protecting the rights of marginalised communities in Odisha’s Koraput district. Mr. Madan Gunija, Mr. Kamlochan Jani, Mr. Purna Maji, Mr. Sundar Muduli, and Mr. Ramdas Pukia are members of the Harsuku Chinamati Sangh, an organisation devoted to protection of the rights of china clay mining affected people in Odisha’s Koraput district. They work as daily wage labourers and have participated in numerous peaceful protests and demonstrations against mining activities undertaken in violation of existing laws.
Background of the Incident: On the morning of May 1, 2022, residents of Harsuku and neighbouring villages under the Nandpur Police Station in Odisha’s Koraput district approached authorities at the Harsuku China Clay mine. They requested the authorities to suspend mining for 15 days on account of their harvest festival, as traditional customs barred any digging activities during the period. But their request was turned down, and security guards and mining officials allegedly abused and intimidated villagers, which led to heated arguments, pushing and shoving between the two sides. Subsequently, two FIRs about the incident were registered at the Nandpur Police Station.
The first FIR (40/ 2022) was based on a complaint by Mr. Pentapati Lakshman Swamy, leaseholder of the china clay mine, who claimed his staff was violently attacked and kidnapped by villagers. It was registered on May 1, at 9:30 PM, and 67 named accused were charged under Sections 147 (rioting), 148 (rioting with deadly weapon), 149 (unlawful assembly), 294 (obscene acts or words), 307 (attempt to murder), 323 (voluntarily causing hurt), 324 (Voluntarily causing hurt by dangerous weapons or means), 364A (kidnapping for ransom), 395 (dacoity), 427 (mischief causing damage up to Rs 50), 506 (criminal intimidation) of the Indian Penal Code. The second FIR (41/2022) was based on a complaint by Sub Inspector Bedabara Sahu from the Nandpur Police Station, who claimed villagers attacked and abducted police officials. It was registered on May 2, at 12.15 AM, and named 11 named accused were charged under Sections 147 (rioting), 148 (rioting with deadly weapon), 323 (voluntarily causing hurt), 324 (Voluntarily causing hurt by dangerous weapons or means), 332 (Voluntarily causing hurt to deter public servant from his duty), 353 (Assault or criminal force to deter public servant from discharge of his duty), 307 (attempt to murder), 294 (obscene acts or words), 379 (theft), 506 (criminal intimidation) and 149 (unlawful assembly with common intent) of the Indian Penal Code and Sections 25 and 27 of the Arms Act. It is important to note that well-known HRD Mr. Rama Muduli and several other members of Harsuku Chinamati Sangh were named as accused in FIR no 40/ 2022 although they were not present at the incident spot.
Details of the Incident: On May 2, 2022, Harsuku residents Mr. Purna Maji and Mr. Ramdas Pukiya travelled to the Hikimput residential school to drop off Mr. Pukiya’s six-year-old son, who studied there. When they were near the Budhwar Haat (market) in Nandpur, they were intercepted by 3-4 men in civil dress, who claimed they were policemen and asked for their names and villages. They forcibly detained the two HRDs and the minor child and took them to the Nandpur Police Station. On May 2, 2022, at around 3 PM, when Mr. Madan Gunija was at the Paliba Haat (market) to buy vegetables, he was stopped by two uniformed policemen. The policemen asked him which he was from. Upon hearing that he was a resident of Proja Khudbi village adjacent to Harsuku, they forcibly detained him and took him to the Nandpur Police Station. The same day, when it was almost evening, a team of uniformed policemen raided Harsuku village. They forcibly detained Mr. Sundar Muduli and Mr. Kamlochan Jani, who were sleeping in their houses, and took them to Nandpur Police Station. All five HRDs as well as the minor boy were detained overnight at the Nandpur police station. While the minor was let off the next morning on May 3, the HRDs were shown as arrested under FIR no 41/2022, Nandpur Police Station. They were subsequently taken under remand in FIR no 40/2022, Nandpur police station. It is important to note that none of the HRDs were they present at the site when the altercation pertaining to the two FIRs took place. All five HRDs were granted bail on FIR no 41/2022 on July 16, 2022 and sent to judicial custody in FIR 40/2022 till July 27, 2022. They are currently lodged in Circle Jail, Koraput. Jail authorities have not allowed their families to meet the HRDs despite the relaxation of COVID protocols.
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Community-based HRD, Environmental rights defender
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Corporation Extractive industries
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Jul 30, 2022
- Country
- India
- Initial Date
- Jul 17, 2022
- Event Description
The Jharkhand Police on Sunday arrested independent journalist Rupesh Kumar Singh in connection with a 2021 case, The Indian Express reported. The police have alleged that Singh used to arrange funds for Maoists.
Singh was among the 40 Indian journalists whose phone numbers appeared in a leaked database, which reflects potential targets of cyber surveillance through the use of the Pegasus hacking software that an Israeli company claims to sell only to governments.
Three phone numbers related to him appeared in the leaked database a few months after he reported on the killing of an innocent Adivasi man by the Jharkhand Police in 2017, according to The Wire.
On Sunday, Jharkhand Police spokesperson Amol V Homkar confirmed that Singh was arrested from his home in the Ramgarh district.
“He [Singh] was arrested for his links with Communist Party of India (Maoist) leaders in the case that was registered against Maoist veteran Prashant Bose,” Homkar said, according to The Indian Express. “There is no fresh FIR against him.”
Bose, his wife Sheela Marandi, and five others were arrested in November 2021. They were charged under Sections 420 (cheating), 467 (forgery), 468 (forgery for purpose of cheating) and 471 (using forged document) of the Indian Penal Code along with Sections 10 and 13 of Unlawful Activities (Prevention) Act and Section 17 of the Criminal Law (Amendment) Act.
While they all were wanted in connection with several cases, the police have not disclosed the specific case in which they were arrested, The Wire reported.
Meanwhile, Singh’s family members alleged that the police had searched their home for over nine hours before arresting the journalist.
“The police force knocked on our door at 5.25 in the morning and served us a search warrant,” Singh’s wife Ipsa Shatakshi told The Wire. “The two lady police searched our kitchen. They checked if there were suspicious things in the rice, flour etc.”
The family also claimed that the police seized a bed sheet, a nine-page notebook, a tax invoice for a motorcycle, two mobile phones, one hard disk, the retail invoice for a car and two laptops from their home.
“The police did not tell us on what allegation my husband has been arrested,” Shatakshi said. “They took away his [Singh’s] laptop and even my younger sister’s laptop.”
On Monday evening, Shatakshi told the United States-based non-profit organisation Committee to Protect Journalists that even after 24 hours of arrest, the police have not presented Singh before a magistrate to hear his bail application.
According to Article 22 of the Indian Constitution, anyone arrested or detained by the police is required to be produced before a magistrate within 24 hours of arrest.
The non-profit has also called upon Indian authorities to release Singh.
“Indian authorities must immediately and unconditionally release journalist Rupesh Kumar Singh, cease harassing him in retaliation for his work, and allow him to report freely and safely,” the Committee to Protect Journalists said in a statement.
Singh has been reporting on state violence against Adivasi communities for over seven years. His reports have appeared in Hindi magazines called Samyantar and Dastak, along with online news websites like Media Vigil, Gauri Lankesh News and Janchowk among others.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to fair trial, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 24, 2022
- Country
- India
- Initial Date
- Jul 2, 2022
- Event Description
Pulitzer-winning Kashmiri photojournalist Sanna Irshad Mattoo has complained that immigration authorities in Delhi on Saturday prevented her from flying to Paris to receive a prestigious grant but did not tell her the reason.
Sanna, 26, had become anathema to the Right wing since she was awarded the Pulitzer on April 9 for her coverage of the second wave of Covid in India, portrayals of whose unchecked devastation had embarrassed the Narendra Modi government internationally.
“I was scheduled to travel from Delhi to Paris today for a book launch and photography exhibition as one of 10 award winners of the Serendipity Arles grant 2020. Despite procuring a French visa, I was stopped at the immigration desk at Delhi airport,” Sanna, who works for Reuters, tweeted.
“I was not given any reason but told I would not be able to travel internationally.”
The action against Sanna comes days after leaders of the G7 and its five partner countries, including India, reiterated their resolve to protect “freedom of expression” and ensure “a free and independent media landscape”.
The Committee to Protect Journalists, a global media watchdog, has asked the Indian government to allow Sanna to travel freely.
“The Indian government must immediately end its practice of barring Kashmiri journalists from foreign travel,” the CPJ’s Asia arm tweeted.
The action against Sanna is being seen here as further evidence of government agencies’ unwillingness to relax their crackdown on Kashmiri journalists, who have been targeted relentlessly since the 2019 scrapping of Jammu and Kashmir’s special status.
The Serendipity Arts Foundation and the Les Rencontres d’Arles of France, which together confer the Serendipity Arles Grant, have credited Sanna with “groundbreaking news to in-depth storytelling” and depicting the “tightrope tension between the seeming ordinariness of life and the stark symbols of a menacing militarised milieu of Kashmir”.
Sanna was awarded the Pulitzer in the category of “feature photography”, and shared the prize with Adnan Abidi, Amit Dave and the late Danish Siddiqui.
She has since been targeted by the Right-wing ecosystem in the country, which alleges she has an anti-India bias.
A Right-wing news portal recently accused her of portraying the “Indian security forces as oppressive” and “antagonistic to the locals in the Kashmiri Valley”.
Sanna is the first Kashmiri woman to win the Pulitzer. Earlier, male photojournalists Mukhtar Khan and Dar Yasin from Kashmir and Channi Anand from Jammu had won journalism’s most prestigious award in 2020 for depicting “striking images of life” in Kashmir during the 2019 government clampdown.
There were no restrictions on their travel to the US when they received the award last week, the prize ceremony having been delayed by the pandemic.
Sanna, who has a master’s in convergent journalism from the Central University of Kashmir, has also won a fellowship from the prestigious Magnum Foundation.
Such global awards and acknowledgements for Jammu and Kashmir journalists have been an embarrassment for the administration, which is accused of using “jackboot tactics” to prevent the country and the world learning of what is happening in the Valley.
Sanna’s family has suffered during the Valley turmoil. Her 17-year-old cousin Tufail Mattoo died in alleged police action in 2010 while returning from tuition. His death led to a months-long summer uprising that left around 100 people dead and thousands injured.
Dozens of Kashmiri journalists have been at the receiving end of the continuing government crackdown. Several journalists and academics had earlier been stopped from travelling abroad.
In January, the government declared the elected body of office-bearers at the Kashmir Press Club, the biggest association of Valley journalists, as illegal and took over its premises in Srinagar.
The Press Council of India later revealed that 49 journalists had been arrested in the Valley since 2016, and accused the government of “slowly choking the media in the Valley due to extensive curbs”.
In April, however, the Centre told Parliament that no journalist had been harassed in Kashmir in years.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Administrative Harassment, Restrictions on Movement, Travel Restriction
- Rights Concerned
- Freedom of movement, Freedom of expression Offline
- HRD
- Artist, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 10, 2022
- Country
- India
- Initial Date
- Jun 6, 2022
- Event Description
FIR Filed Against 8 People for Alleged 'Inflammatory' Tweets on Kanpur Violence Four FIRs have been lodged and 38 people have been arrested so far in connection with the violence, the police said. The Quint Published: 06 Jun 2022, 5:58 PM IST India 2 min read FIR Filed Against 8 People for Alleged 'Inflammatory' Tweets on Kanpur Violence i
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A First Information Report (FIR) was lodged against eight persons on Monday, 6 June, for their alleged inflammatory tweets in connection with violence in Uttar Pradesh's Kanpur following Bharatiya Janata Party (BJP) leader Nupur Sharma's remarks against Prophet Muhammad.
One of the accused is Shams Tabrez Qasmi, the editor of news outlet Millat Times, who had tweeted videos of the clashes in Kanpur. Taking to Twitter, Qasmi had called the allegations against him "baseless."
The Press Club of India also took to Twitter in support of the journalist, and demanded the FIR against him be withdrawn.
"The Press Club of India is concerned and dismayed over an FIR filed against Shams Tabrez Qasmi, editor of Millat Times by the UP Police over a tweet. We demand withdrawal of FIR against the journalist." Also Read Kanpur: 24 Arrested, 3 FIRs Filed After Violence Erupts Over BJP Leader's Remark Kanpur: 24 Arrested, 3 FIRs Filed After Violence Erupts Over BJP Leader's Remark
The FIR was filed in Kanpur's Kotwali Police Station under Sections 505 (statements conducing to public mischief), and 507 (criminal intimidation by an anonymous communication) of the Indian Penal Code as well as Section 66 of the Information Technology (IT) Act.
"Including this FIR, a total of four FIRs have been lodged in connection with the violence in Kanpur, and 38 people have been arrested. The social media posts written by the accused included inciteful comments. We are investigating more posts regarding the incident, and will take action accordingly," said Kanpur Joint Commissioner of Police, Anand Kulkarni.
The Incident
The Kanpur police commissionerate has set up a Special Investigation Team (SIT) to probe the violence that took place in the city.
The violence had broken out in Pared, Nai Sadak, and Yateemkhana areas of Kanpur on 3 June when some people tried to force shopkeepers to bring down shutters to protest against Sharma’s derogatory remarks.
The identities of over 100 more accused have been established, DCP (East) Pramod Kumar said.
On 5 June, the BJP suspended spokesperson Nupur Sharma and expelled Naveen Jindal from party's primary membership, after widespread outrage from middle-eastern countries over Sharma's comments.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 3, 2022
- Country
- India
- Initial Date
- Mar 12, 2022
- Event Description
Background of the Background: The construction of a National Highway for the proposed area has serious implications on the livelihood of the farmers in the area. Details of the Incident: On March 12, 2022, the tahsildar of Kadayanallur headed a team of officials and police personnel and went to Kadayanallur to measure agricultural land needed for the National Highway project from Thirumangalam in Madurai to Kollam in Kerala. No intimation of the national highway or the proposed measurement of land had been given by officials to the local farmers whose lands were being measured. The landowners had gone for their routine work in the morning. However, when the officials and policemen reached the village, they were stopped, the news spread in the village and the Farmers Association members came to peacefully protest against the uniformed survey. The protesting farmers asked the officials for the reason for unexpected land measurement. However, the officials did not tell them about the proposed highway or give them reasons for the measurement of their lands. Instead, the police officials accompanying them detained the 13 farmers without any due process.
At 10 am, the farmers were detained at the Senaithalaivar community hall-Kadayanallur till 6:30pm in the evening. Later they were moved to Maravar community hall till 8:30 pm. At around 8:30 pm on March 12, 2022, the police officials of Kadayanallur police station, registered a FIR under sections 143- (unlawful assembly) & 341- (punishment for wrongful restraint) and sent the protestors home.
- Impact of Event
- 13
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Land rights, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Land rights defender
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Jul 3, 2022
- Country
- India
- Initial Date
- Jun 21, 2022
- Event Description
On June 21, 2022, Mr. Javed Mohammad’s wife, Ms. Parveen Fatima, went to visit him at the Naini Central Jail in Prayagraj, Uttar Pradesh State. Upon her arrival, she was told that Mr. Javed Mohammad was not in that jail anymore but was not provided further information. Later on the same day, she and Mr. Javed Mohammad’s lawyers learned from media sources that he had been transferred from Prayagraj’s Naini Central Jail to Deoria District Jail, which is 270 kilometres away from Prayagraj. At the time of publication of this Urgent Appeal, neither Mr. Javed Mohammad’s lawyers nor his family members had received official confirmation about his place of detention nor the reason of his apparent transfer. Moreover, should the family of Mr. Javed Mohammad be allowed to visit him, they will face significant challenges given the time and economic resources needed to travel from the city of Prayagraj to Deoria District Jail.
The Observatory recalls that on June 10, 2022, members of Muslim communities across India protested against anti-Islamic public statements made days earlier by two senior members of the ruling Bharatiya Janata Party (BJP). According to Uttar Pradesh officials, the separation of more than 300 individuals, who were arrested in the aftermath of the June 10 protests, across several jails in Uttar Pradesh State is a deliberate measure adopted to avoid riots in prison.
On the same day, police officers went to Afreen Fatima’s house and arbitrarily detained her father, Mr. Javed Mohammad. The officers did not present an arrest warrant and refused to inform Javed Mohammad and his relatives about the place he was being taken to. It was only on the following morning his relatives learned he was being held at the Crime Branch.
On June 11, 2022, another group of police officers went to Afreen Fatima’s house and arbitrarily detained her mother and younger sister, Mses. Parveen Fatima and Sumaiya Fatima. They were released without charges on June 12, 2022 on condition that they would not return to their own house. At around midday, two bulldozers reached Afreen Fatima’s house under heavy police presence and demolished it. The family was not allowed to take their personal belongings before the house was bulldozed.On the same day of the demolition, the Prayagraj Senior Superintendent of Police stated in a media interview that Javed Mohammad had been arrested and claimed that Afreen Fatima was involved in “notorious activities” and that the “father duo propagate[d] propaganda”.
The Observatory expresses its utmost concern over the ongoing arbitrary detention of Mr. Javed Mohammad and urges authorities to grant him immediate access to his family and lawyers, and to immediately and unconditionally release him. Moreover, the Observatory underlines that his transfer to a prison placed 270 km away from his house is inconsistent with Rule 58 of the United Nations Standard Minimum Rules for the Treatment of Prisoners. The Observatory urges the competent authorities to take all necessary measures needed to ensure that Mr. Javed Mohammad can receive visits from his family.
Furthermore, the Observatory urges authorities to end all and any acts of harassment and reprisals against Afreen Fatima and her family, and to provide them with adequate housing and comprehensive reparation for the illegal demolition of their house.
The Observatory expresses its concern over Mr. Javed Mohammad’s safety and health, and stresses that his arbitrary arrest and incommunicado detention are apparent reprisals against his daughter Afreen Fatima for her legitimate human rights work and advocacy. The Observatory recalls that the above-mentioned human rights violations and acts of reprisals against Afreen Fatima and her family take place in a context of ongoing crackdown against the Muslim minority and those who defend their rights in Uttar Pradesh State.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 2, 2022
- Country
- India
- Initial Date
- Jun 25, 2022
- Event Description
On 25 June 2022, prominent woman human rights defender Teesta Setalvad was arbitrarily detained by the Anti-Terrorism Squad (ATS) of Gujarat Police on charges under the Indian Penal Code including forgery, fabricating evidence and criminal conspiracy. ATS officers forcibly entered her home in Mumbai, and detained the woman human rights defender without producing a warrant or complaint. This action comes a day after the Supreme Court of India dismissed a petition seeking justice and accountability for the 2002 Gujarat riots filed by Teesta Setalvad and Zakia Jafri, the widow of a person killed in the riots. Teesta Setalvad was driven to Ahmedabad (State of Gujarat) in the intervening night of 25 June 2022 and 26 June 2022, and was formally arrested on the morning of 26 June 2022 at around 10:30 AM by the Ahmedabad Crime Branch. She was presented before the Metropolitan Magistrates Court in Ahmedabad, and has been remanded for five days in the custody of the Ahmadabad Crime Branch. Teesta Setalvad is a woman human rights defender, activist and journalist. She is the co-founder and Secretary of Citizens for Justice and Peace (CJP), an organization formed in 2002 to advocate for justice for the victims of the Gujarat Riots in 2002. CJP has litigated in Indian courts seeking justice and accountability for victims of the riots, and to hold those in power accountable, including then Gujarat Chief Minister, and current Prime Minister of India, Narendra Modi. Teesta Setalvad has spoken out on behalf of victims and families despite severe pressure and reprisals including multiple legal cases brought against her and CJP. On 25 June 2022, at around 3 PM, ATS officials from the Gujarat Police forcibly entered Teesta Setalvad’s residence and detained her without a warrant. At around 1 PM, the woman human rights defender’s office landline received a call from a person claiming to be from the Central Industrial Security Force (CISF) Noida, who was asking questions regarding the personnel employed for the security of the woman human rights defender. Shortly after this call, two armed officers from CISF arrived outside Teesta Setalvad’s residence and aggressively started asking the same question. Around 8-10 Gujarat police’s ATS officials barged into her residence within minutes of this development, forcibly detained her and took her to the Santa Cruz police station in Mumbai. On the same day, around 5:30 PM, Teesta Setalvad filed a complaint at the Santa Cruz police station regarding her wrongful detention. She accused ATS officials of being aggressive and assaulting her when she demanded to speak with her lawyer, as a result of which her left hand was badly bruised. She also stated that the police did not show her the First Information Report (FIR) until her lawyer arrived and that she feared for her life in the custody of Gujarat Police’s ATS. Forcing a woman human rights defender to undertake an 8 hour journey from the State of Maharashtra to the State of Gujarat during the night is an extremely concerning action taken by the ATS. Front Line Defenders is also concerned by reports of abuse and ill-treatment of the woman human rights defender while in custody including a bruise on her forehead. The FIR against Teesta Setalvad, filed on the basis of a complaint by a police inspector in the Ahmadabad police’s crime branch, covers alleged offences over a period of 22 years and includes sections 468 (forgery for the purpose of cheating), 471 (using a forged document or electronic records as genuine), 120(B) (criminal conspiracy), 194 (giving or fabricating false evidence with the intent to procure conviction of capital offence), and 211 (false charge of offence made to injure) of the Indian Penal Code. Two former Indian Police Service (IPS) officers from Gujarat, Sanjeev Bhatt and R.B. Sreekumar who had also made formal submissions related to Narendra Modi’s alleged involvement in the Gujarat violence of 2002, have also been accused in the FIR along with other unnamed persons. It is believed that the purpose of the FIR and the action against Teesta Setalvad is a reprisal for her pursuing justice and to present her campaign as a conspiracy to harm the current Prime Minister. Shortly before a FIR was filed against Teesta Setalvad, Union Home Minister, Amit Shah, in a media interview, openly named the woman human rights defender and accused her of providing baseless information about the Gujarat riots and misleading Zakia Jafri to file the petition by feeding her this false information. This is not the first case of reprisal faced by Teesta Setalvad. On 31 December 2016, the Central Bureau of Investigation (CBI) filed a charge sheet to the Mumbai special court against Teesta Setalvad, her husband and human rights defender Javed Anand, and their publishing company Sabrang Communications and Publishing Private Limited (SCPPL) for an alleged violation of the Foreign Contribution Regulation Act (FCRA). On 16 June 2016, the Indian Ministry of Home Affairs (MHA) issued a notice to cancel the registration of Sabrang Trust under the FCRA. Teesta Setalvad’s office has previously been subjected to raids by the CBI and other forms of judicial harassment. In March 2013, a FIR was filed against Teesta Setalvad for allegedly embezzling funds intended for the construction of a memorial to the victims of the 2002 Gujarat riots. On 11 August 2015, the Bombay High Court granted anticipatory bail to the woman human rights defender and ruled that the actions of the woman human rights defender did not pose a threat to the sovereignty and integrity of the state, nor to its security, strategy or economic interest. Front Line Defenders is extremely concerned for the safety of Teesta Setalvad. Her detention, arrest, and treatment since 25 June 2022 is in violation of her rights, and purports to punish the woman human rights defender for her human rights work. In a climate of oppression, especially against minorities, human rights defenders such as Teesta Setalvad are an important source of support to victims of the 2002 Gujarat riots and their families in holding those responsible to account, and deterring further violence. Teesta Setalvad is paying for her commitment to justice with her freedom. Targeting her in this manner sends a chilling message to human rights defenders and victims, especially those who seek justice through the courts by exercising and defending their constitutionally guaranteed rights. We stand in solidarity with Teesta Setalvad and all Indian defenders promoting and protecting human rights in India in this climate.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- NGO staff, WHRD
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Active
- Date added
- Jul 2, 2022
- Country
- India
- Initial Date
- Jun 27, 2022
- Event Description
Responding to the arrest of Mohammed Zubair, co-founder of ALT News, an independent fact-checking website by the Delhi Police late on Monday night for allegedly ‘hurting religious sentiments’ and ‘promoting enmity’ on Twitter, Aakar Patel, chair of board for Amnesty International India, said:
“The Indian authorities are targeting Mohammed Zubair for his crucial work combatting the rise in fake news and disinformation and calling out discrimination against minorities. The arrest of Mohammed Zubair shows the danger facing human rights defenders in India has reached a crisis point.”
“The fact that he was not provided a copy of the First Information Report (FIR) and was detained incommunicado during the initial hours following his arrest shows just how brazen the Indian authorities have become. Harassment, intimidation, unlawful and arbitrary arrests, and imprisonment of human rights defenders for tirelessly seeking truth and justice has become alarmingly commonplace in India.”
“We call on the Delhi Police to immediately and unconditionally release Mohammed Zubair and end their relentless harassment of journalists, human rights defenders, and activists. His arrest is a clear violation of the right to freedom of expression, abuse of power by the authorities and sends a message that dissent is not tolerated in the country.”
Background
On 27 June, Mohammed Zubair was taken into custody for “promoting enmity between different groups on ground of religion, race, place of birth, residence, language etc. and doing acts prejudicial to maintenance of harmony” and “outraging religious feelings of any class by insulting its religion or religious beliefs” under the Indian Penal Code for his satirical tweets criticising the rising censorship and calling out discrimination against minorities during the tenure of Prime Minister Narendra Modi.
Pratik Sinha, another co-founder of ALT News who was present at the police station with him tweeted that they had not been given a copy of the FIR and the Delhi police was taking Mohammed Zubair to an undisclosed location.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Blogger/ Social Media Activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 2, 2022
- Country
- India
- Initial Date
- Jun 3, 2022
- Event Description
Indian police must immediately drop investigations into journalists Saba Naqvi and Mohammed Zubair in response to their social media posts criticizing right-wing Hindu politics and activists, and allow all members of the press to work freely, the Committee to Protect Journalists said Thursday.
On June 3, police in the Sitapur district in northern Uttar Pradesh state opened an investigation into Zubair, co-founder of the fact-checking website Alt News, after he tweeted that three right-wing Hindu activists were “Hate Mongers,” according to news reports.
On June 8, police in the capital New Delhi opened an investigation into Naqvi, a freelance journalist, after she shared a satirical meme on her Twitter account about a recent claim that a revered symbol connected to the Hindu god Shiva had been found in a mosque in the northern Varanasi city, according to various news reports. The meme was shared by several Twitter users, including a member of parliament, and republished by the financial newspaper Economic Times. However, only Naqvi, who is Muslim and known for her criticism of right-wing Hindu politics, was named in the investigation.
This is the second social media-connected investigation into Naqvi, and the fifth into Zubair, according to those reports. Both journalists use social media as part of their jobs, according to CPJ’s review of their social media accounts.
“Indian police need to stop targeting journalists who are critical of sectarian politics,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “Selective investigations into Mohammed Zubair and Saba Naqvi strongly suggest that they are being unacceptably targeted because of their Muslim religious identity and work as journalists.”
Police are investigating Zubair under Section 295(a) of the penal code for “deliberate and malicious acts” intended to create religious outrage and Section 67 of the Information Technology Act for “publishing or transmitting obscene material,” according to those reports. He faces three years imprisonment under Section 295(a) and an additional three years and a fine of 500,000 rupees (US$6,400) under Section 67, according to the law.
According to those reports, Bhagwan Sharan, who identified himself as the district head of Hindu right-wing group Rashtriya Hindu Sher Sena, filed the complaint against Zubair. On June 13, the Allahabad High Court declined Zubair’s plea to end the investigation, according to the independent news website Scroll.in. Zubair did not respond to CPJ’s text message asking for comment.
Police are investigating Naqvi for violations of the penal code under Section 153 for “promoting enmity” between groups, Section 295, and Section 505 for inducing others to commit offenses against the state or “public tranquility,” according to those sources. She faces six months imprisonment under Section 153, two years imprisonment under Section 295, and five years imprisonment under Section 505, according to the law. Each section also carries an unstated fine.
The complaint against Naqvi was filed by the Intelligence Fusion and Strategic Operation unit of the Special Cell of Delhi Police for “inciting various groups and creating situations that are detrimental to the maintenance of public tranquility in the country,” according to the independent outlet India Today.
“I was shocked,” Naqvi told CPJ by text message. “[This investigation has] implications for free speech in India, suggesting that there can be cherry-picking to target certain journalists.”
Suman Nalwa, New Delhi’s police spokesperson, and Uttar Pradesh police did not immediately respond to CPJ’s text message and email requesting comment.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jun 19, 2022
- Country
- India
- Initial Date
- Jun 10, 2022
- Event Description
Indian authorities must immediately put an end to the excessive use of force in response to large scale protests in the country that has resulted in the death of at least two people, including a child, and in many others suffering injuries since last Friday, Amnesty International India said today. The organization also called for the immediate and unconditional release of those arbitrarily arrested solely for peacefully exercising their rights to freedom of expression and peaceful assembly.
In the last few days, thousands of people took to the streets in the states of Uttar Pradesh, Jharkhand, West Bengal, Maharashtra, Karnataka, Gujarat, Jammu & Kashmir and Telangana calling for the arrest of Nupur Sharma and Naveen Kumar Jindal, the former spokespersons for Bharatiya Janata Party (BJP), India’s ruling political party, for making statements deemed insulting of Prophet Mohammed in a prime-time TV news debate.
“The Government of India is selectively and viciously cracking down on Muslims who dare to speak up and peacefully express their dissent against the discrimination faced by them. Cracking down on protesters with excessive use of force, arbitrary detention and punitive house demolitions by Indian authorities is in complete violation of India’s commitments under international human rights law and standards,” said Aakar Patel, chair of Amnesty International India Board.
On 10 June, media reported an incident where, police personnel can be seen striking batons, pelting stones and shooting bystanders during protests in Ranchi, Jharkhand. Another bystander was shot six times by the police while returning from the market. Two protesters including a 15-year-old child was fatally shot in the head by the police. Under the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, police may only use force for a legitimate law enforcement purpose and may not use more force than needed to achieve this objective. Moreover, police may use firearms only as a last resort and when strictly necessary to protect themselves or others against the imminent threat of death or serious injury; the intentional lethal use of firearms is only permissible if strictly unavoidable in order to protect life.
In another video reported by multiple media outlets and shared by many on Twitter including the former Chief Minister of Uttar Pradesh, a police officer is repeatedly hitting detained male protesters with batons in Saharanpur, Uttar Pradesh while they cry in fear and pain and one protester complains of a fractured arm. Instead of criticizing the use of force, it was celebrated by former police officers and BJP politicians on social media. Baton strikes while a subject is under control are unnecessary and disproportionate, and amount to using batons punitively – which amounts to torture or other cruel, inhuman and degrading treatment or punishment, a violation of international law.
“Presenting and treating all protesters, including peaceful ones, as a threat for public order is deeply worrying and is part of an alarming escalation of the states’ measures targeting Muslims. Unfortunately, the Prime Minister and various state chief ministers have done little to show that they disapprove of any statement portraying Muslims as a risk for public order or embedding other stereotypes and prejudices that may contribute to justifying discrimination and violence against Muslims. They should publicly show their opposition for any such statement” said Aakar Patel.
Instead, in a continuing blow to human rights, the authorities carried out the unlawful and arbitrary demolition of houses belonging to Muslims suspected of being “key conspirators” of the violence that erupted during the protests in Prayagraj, Uttar Pradesh. On 10 June, activist Javed Mohammed, his wife and younger daughter were detained along with many others by the police. On 11 June, a backdated notice was pasted on the wall of the family’s house at 11pm in the night before the planned demolition. Javed Mohammed and his elder daughter Afreen Fatima, a student activist, have been vocal in their criticism of the government specially against the discriminatory Citizenship Amendment Act. While the authorities cited illegal construction as the reason for demolition, the notice was issued in the name of Javed Mohammed who did not even own the demolished property. On 12 June, the authorities demolished the two-storey house amounting to a punitive measure and a violation of the right to adequate housing. Houses of many other protesters were similarly demolished in Uttar Pradesh.
It is evident that in the absence of any genuine consultation and a complete departure from due process of law, these demolitions stand in absolute violation of the right to adequate housing as enshrined in the International Covenant on Economic, Social and Cultural Rights, to which India is a state party and has been done to inflict punishment on the community for raising their voices against injustice.
“The State’s response to current protests is not only deplorable but also marks the latest escalation in the suppression of dissent. The Indian authorities must carry out a prompt, thorough, effective, impartial and independent investigation into all the human rights violations allegedly committed by law enforcement officials and other public officials against protesters and human rights defenders. Law enforcement officials who used the force excessively should be charged, whenever there is enough evidence. Victims should also have access to reparations including compensation,” said Aakar Patel.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Use of Excessive Force, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Community-based HRD, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jun 19, 2022
- Country
- India
- Initial Date
- Jun 13, 2022
- Event Description
Angered by the regime’s ‘bulldozer-raj’ the All India Students’ Association (AISA) on June 13, 2022 called for a citizens’ protest against police brutalities on Friday, and targeted demolitions of Muslim homes. Some students protesting near UP Bhawan were detained by the police.
Last week, on the afternoon of June 10, a Friday, Muslims across India engaged in huge protests to demand suspended BJP leader Nupur Sharma’s arrest for her insulting remarks about Prophet Mohammad and Islam. Although the protest ended within hours, what followed were widespread arrests in Uttar Pradesh, Jharkhand and West Bengal as well as illegal demolitions in parts of UP. Notedly, the Prayagraj (Allahabad) police illegally detained Javed Mohamad, local activists and father of anti-CAA activist Afreen Fatima. Later his wife and younger daughter were also illegally detained. On June 12, their house was brazenly demolished without following any due process, for allegedly “encroaching”. This act has now been challenged through a letter petition in the Allahabad high court.
It was against this state-sponsored violence of the Muslim community that the AISA students rose in protest and called for a demonstration at Jantar Mantar in Delhi. Members demanded that the government:
Stop police brutality in Ranchi, Allahabad and various places in India Cease witch-hunting of Afreen Fatima's family Stop targeting Muslims and bulldozing their houses
In a press release the AISA made a call for peace and appealed to people to end the BJP’s “vicious divisive rule”. In their statement, students condemned the government for failing to prosecute Sharma but attacking protesters with guns.
“Unsurprisingly, while no action has been taken against Sharma and Naveen Jindal, the police forces have come down heavily on those who protested against them,” said the AISA.
Further, the UP police arrested and penalised many prominent anti-CAA voices, active in late 2019-early 2020 against what was perceived to be an unjust amendment to the Citizenship Act. The AISA called this a deliberate act of harassment that reflects the BJP’s communal agenda.
“The practise of using bulldozers against Muslims has become a recurring tactic of the ruling government to curb dissenting voices. This is nothing but a state-sponsored attack on the minority communities and is against the secular ethos enshrined in our constitution,” said the AISA.
Aside from students from other parts of Delhi, Jamia Millia Islamia University students also joined the call to condemn the bulldozer-raj in India. However, heavy police was deployed outside the university campus. Barring entrance aspirants and PhD students, the police refused to allow protesting students.
The act of using bulldozers has become a disconcerting move by the ruling regime since the anti-CAA protests in 2019. This tactic has now been significantly used in Uttar Pradesh where many Muslim protesters now face the threat of forced eviction. In 2022, Khargone (Madhya Pradesh) Muslim residents were the first to suffer the ‘bulldozer raaj’ soon followed by Muslim communities in Delhi, Bengaluru and Assam.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jun 19, 2022
- Country
- India
- Initial Date
- Jun 12, 2022
- Event Description
Amid heavy police deployment, two JCB bulldozers reached Mohammad’s residence in the afternoon. The bulldozers, after taking down the front and the back gates, took out personal belongings from inside the house and dumped them onto an empty plot next to Fatima’s residence.
Representing Mohammad Javed, advocate KK Roy and a team of lawyers have filed a writ petition. Roy explained, “The demolition has taken place on dubious grounds. “The house is not in the name of Javed Mohammad, it is in the name of his wife Parveen Fatima. However, the notice served to the family has been served in the name of Javed. Another key point being that the notice served to the family is dated. No previous notice was given to them. Therefore, we have challenged this and have also written to the CJI demanding a compensation for the family and reconstruction of their home.”
The demolition began with the walls of their home before the entire structure was levelled.
Over 60 people have been arrested amidst a crackdown on protestors in Prayagraj (Allahabad) in connection with the violence on June 10, which saw stone pelting, the torching of vehicles and a subsequent lathi charge by the police.
Javed Mohammad, a prominent face in the anti-CAA protests, was named as a key conspirator by the Uttar Pradesh police alongside 10 others, and was taken into custody from his Kareli based residence on Friday.
Later that day, his wife and daughter were also detained, family members say, but the were subsequently released.
The police claim Javed Mohammad gave a call for the Friday protest against the controversial statements BJP leaders made on the Prophet.
A notice to demolish his residence had been handed over to the family on June 11 after which the police reportedly made efforts to get the family to leave the home, as several female members of his family were staying in the house.
Mohd. Umam Javed, the brother of Afreen Fatima, told The Wire that a team of policemen had reached their home and threatened the family with ‘bulldozer action’.
“A team of different officials reached us again tonight (June 11). They harassed us and warned us to leave our home immediately. We have been told that they will be back at 2 am to get us to empty our home,” he said.
The notice served refers to illegal construction of the family’s home and reads, “In a case pertaining to the matter a notice was sent to the family on the 10th of May and a hearing was to take place on the 24th of May. However, no response was given from the family.” As per the notice, the house is scheduled for demolition on Sunday at 11.00 am.
Mohd. Umam told The Wire that the notice is completely baseless, saying, “We did not receive anything and we had no information about construction pertaining to five floors or upwards.”
According to a letter released by activists, the action is illegal and highly dubious.
The letter states. “The fact that the notice was not even delivered in the name of the actual property holder (the property is in the name of Afreen Fatima’s mother) makes its authenticity highly dubious, as even basic proceedings would have uncovered this fact. Further, the notice was dated June 10 but pasted only late at night on June 11, a Saturday, even though police has continuously been present at the house since June 10. It seems clear that the notice was hastily issued on a weekend night to ensure that the family has no opportunity for legal recourse.”
On June 11, student activist Afreen Fatima had put out an appeal on social media, writing to the National Commission of Women highlighting safety concerns regarding her father.
Speaking to The Wire previously, Afreen Fatima said that two days prior to the violence a case was filed against her father under Section 107 (abetment) of the Indian Penal Code. She said, “Essentially, it meant that if anything was to happen in the city, my father would be held responsible for abetting it.”
Fatima’s brother told The Wire on Sunday that his mother and sister have been released from custody from Roshan Bagh area. As of noon, he said that bulldozers have reached their locality.
Police teams have reportedly raided locations to nab 10 of the “main accused.”
The list of accused persons issued by the police includes names of people who had been prominent in the anti-Citizenship Amendment Act protests of 2019. Others are leaders of the All India Majlis-e-Ittehadul Muslimeen, student activists and Left party workers.
Among those named are Imam Ali Ahmed of the Atala Badi Masjid, AIMIM district president Shah Alam and leader Zeeshan Rahmani, an activist who was active in the anti-CAA protests, Sara Ahmed, and Left leaders Ashish Mittal and Ali Ahmad.
Prayagraj ADG Prem Prakash, in a statement to the press, mentioned these names, and said that many others have been identified as having been behind this “well-planned” violence.
Samajwadi Party leaders have also reportedly been named by the police.
BJP MLA Shalabh Mani Tripathi posted a video on Saturday showing uniformed policemen mercilessly beating a group of young men in an undisclosed location, presumably a police station.
He captioned it, ‘Return gift to rioters’.
On Friday, UP chief minister Adityanath also called for unspecified exemplary ‘action’ against rioters so that those with ‘anti-social thoughts’ never again think of disturbing the peace.
- Impact of Event
- 4
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Administrative Harassment, Judicial Harassment, Raid
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to property, Right to Protest
- HRD
- Community-based HRD, Family of HRD, Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jun 19, 2022
- Country
- India
- Initial Date
- May 22, 2022
- Event Description
About the Human Rights Defender: Mr. Mrinal Kanti Shome is the General Secretary, Assam Majoori Shramik Union (AMSU). He is a retired school headmaster and who has been working to highlight the plight of tea garden workers since 2008.
Background of the incident: Since April 2022, there has been an ongoing protest by the Dolu tea estate workers against the illegal acquisition of land of tea estate for the new Silchar Airport and clearance of tea bushes which will affect the livelihood of more than 2000 tea workers of the Dolu tea estate. On May 11, 2022, CrPC 144 was imposed on Dolu and the protest gained momentum with more tea estate workers joining in. On May 12, the eviction was started and the tea estate surrounded by the police and the workers were asked not to leave the tea estate and leaders of tea workers were targeted and arrested. The tea workers are demanding that their concerns be heard and addressed which include, exploring alternative proposals for the new airport location, failing which the issue of re-employment, rehousing and rehabilitation must be addressed. Workers say that they must be heard through their legitimate representatives. They allege that the government has a memorandum of understanding with the tea estate company entered into with trade unions, who do not represent the workers nor can they demonstrate that they consulted the workers.
Amidst growing unrest among Doloo Tea Estate workers, Asom Mojuri Shramik Union (AMSU) General Secretary Mrinal Kanti Shome was detained by the Silchar police on May 22, 2022. Local democratic groups gathered in front of the District Magistrate’s office in protest of this detention on Monday.
On Sunday afternoon at around 3 PM, Silchar Sadar police officials picked up Shome from his house. Officers said that the Superintendent of Police (SP) wanted to meet him. However, after being taken to the SP’s office he was taken to the police station where he went through medical testing procedures.
Shome’s wife asked the SP about his condition but was only informed that Shome was being interrogated. According to AMSU member Arup Baishwa, as of Monday, “The police still haven’t stated the reason for his detainment nor confirmed his arrest.”
The local trade union leader was working with Doloo Tea Estate workers in opposing the Greenfield Airport project to be built on a part of the estate that could affect workers' livelihood. Recently, even other tribal groups like the All India Union of Forest Working People (AIUFWP) and even the Bhoomi Adhikar Andolan voiced their support for the workers. Therefore, multiple democratic forces in Assam called for a mass rally in front of the Silchar District Magistrate's office on Monday afternoon to condemn police harassment.
“Arresting of engaged leaders is a tool to fracture the strength of mass movements,” said the AMSU in a press release.
Meanwhile, a Congress delegation led by Opposition leader Debabrata Saikia visited the tea estate on the day of Shome’s detention. Saikia claimed he wanted to understand the issue in the region. However, state police blocked the group from entering the area.
To this, Saikia reportedly said, “The manner in which the Opposition was obstructed is a bad omen for democracy! We the people of Assam are the evidence that the BJP is destroying democracy in recent times!”
Mr. Shome said that the SP also threatened him that his son’s visa will be affected if he continues his activism and that his pension will also be stopped. She also falsely accused him of taking money from a certain Mr Rajendra Agarwal. He alleges that Ms. Kaur also treated him discourteously in a manner not befitting a senior citizen.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Labour rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jun 18, 2022
- Country
- India
- Initial Date
- Jun 9, 2022
- Event Description
Protesting against the proposed central status for Panjab University, student bodies alleged police used lathicharge to stop them from entering Chandigarh near the YPS roundabout in Mohali on Thursday.
As many as nine student organisations from Punjab, including Punjab Students Union (PSU-Lalkaar), Punjab Students Union (Shaheed Randhawa), Student Federation of India (SFI) and Students For Society (SFS), had gathered at Amb Sahib Gurdwara in Phase 8, where student leaders also addressed the protesters.
The protesting students later marched towards Chandigarh to reach the Punjab Raj Bhavan, but were stopped by police near YPS roundabout with the help of barricades.
Here, students alleged police used lathicharge, leaving several of them injured. When they managed to cross the barricades, they were stopped by Chandigarh Police from proceeding further.
Aman of PSU-Lalkaar said some students were injured while crossing the barricades and others due to police lathicharge. “A female student also fell unconscious and was taken to the hospital,” he said, adding that they gave a representation to the police officials for a meeting with a representative of the Punjab chief minister.
DSP (City 1) Sukhnaaz Singh said there was no lathicharge at the YPS roundabout. “Police only stopped the students from entering Chandigarh. Police managed to pacify the students and they returned amicably,” he said.
Last month, the Punjab and Haryana high court had directed the central government to consider the conversion of PU into a central University, evoking opposition from student bodies.
At 2 pm, they started a march from Mohali towards the Governor House and the house of the Chief Minister of Punjab against the centralization of Punjab University. When they entered the Chandigarh border, a large contingent of Punjab Police tried to stop them at the YPS roundabout and lathi-charged them without any provocation. Several students were injured in the lathi charge. After the lathi charge, senior policemen started a dialogue with the students and the officer on special duty (OSD) to the chief minister reached out to the protesting student leaders and called the nine representatives for a meeting at CM's residence. A student said that some students were injured while crossing the barricades and others were injured during the lathi-charge. He also said that they submitted a report to police officials for a meeting with a representative of the Punjab chief minister. Mr. Sukhnaz Singh, Deputy Commissioner of Police, Chandigarh city said that there was no lathi-charge and the police only stopped the students from entering Chandigarh.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jun 18, 2022
- Country
- India
- Initial Date
- Apr 28, 2022
- Event Description
About the Human Rights Defender: Mr. Kamlesh Yadav is an activist based in Jagdishpur in Bhojpur district of Bihar. He is a state committee member of the All India Students Association. Mr. Yadav has organised and participated in numerous peaceful agitations, rallies and programmes on students’ issues, corruption, rights and entitlements of poor, marginalised sections of society and relief work during the COVID-19 pandemic.
Background of the Incident On April 3, 2021, a young boy was killed in a hit and run case in the Pichadi Bazar area of Jagdishpur. Mr. Kamlesh Yadav and residents of nearby villages participated in a peaceful road blockade after the accident, demanding compensation for the victim. The same day, an FIR (132/21) was registered against protestors at the Jagdishpur Police Station under Sections 147 (rioting), 148 (rioting with deadly weapon), 353 (Assault or criminal force to deter public servant from discharge of his duty) and 504 (Intentional insult with intent to provoke breach of the peace) of the Indian Penal Code. Although Mr. Yadav was named as an accused in the case, he was not questioned by the police during the next one year.
Details of the Incident: On April 28, 2022, close to midnight, a team of 15-20 uniformed armed police personnel from the Jagdishpur police station arrived at Mr. Kamlesh Yadav’s house in three official vehicles. They were led by SDPO, Jagdishpur Mr. Shyam Kishore Ranjan and included Sub Inspector Mr. Rajkishor Singh and Assistant Sub Inspector Mr. Ravi Kumar. The police surrounded the HRD’s house from all sides including the terraces of neighbouring buildings and demanded entry into the house. They told Mr. Yadav that he was required to accompany them to the police station, but did not provide any details about whether he was being arrested. They asked him to sit in one of the vehicles and took him to Jagdishpur police station, where he was detained overnight in the lockup without a detention memo. On the morning of April 29, 2022, the police informed Mr. Yadav that he had been arrested in FIR no. 132/ 2021, but they did not provide him access to a lawyer or allow him to inform his family. Furthermore, Mr. Yadav was handcuffed while taking him from the police station to Ara court, and while being taken to Ara jail, where he was remanded for seven days. On May 05, 2022, Mr. Yadav was released from prison on bail.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, Student
- Perpetrator-State
- Judiciary, Police
- Source
Event shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Jun 4, 2022
- Country
- India
- Initial Date
- Apr 24, 2022
- Event Description
About the Human Rights Defenders: Mr. Tipu Sultan and Mr. Arka Goswami are activists residing in Bolpur in Birbhum district of West Bengal. They have participated in numerous struggles in the past 5-6 years highlighting instances of human rights violations and injustice, including cases of malnutrition, suicide and the rape and murder of minor girls from marginalised communities in the area.
Background of the incident: On January 27, 2022, an FIR (4/2022) was registered at the Barikul Police Station in Bankura district against Mr. Shiba Prasad alias Shibu Murmu, Mr. Mangal alias Daktar Hansda, Mr. Sabyasachi Goswami alias Kishore and other unnamed accused. The complainant in the case Sub Inspector Mr. Satyajit Mahanty claimed he and other police officers had busted a Maoist plot to attack the police and nabbed two alleged Maoists from the spot with incriminating material, while the remaining managed to flee. The accused were charged under Sections 148, 149, 120B (criminal conspiracy), 121 (waging war against the state), 121A (conspiracy to commit offences punishable by section 121), 122 (collecting men, arms, ammunition to wage war), 123 (concealing with intent to facilitate design to wage war), 124A (sedition) of the Indian Penal Code. It is important to note that neither Mr. Tipu Sultan nor Mr. Arka Goswami were named as accused in the case, nor were they questioned by police regarding their involvement in the said incident in the ensuing three months. Details of the Incident: On April 24, 2022, at around 11.30 AM, Mr. Arka Goswami heard someone call out his name when was on his way to the fish market in the Jamboni area of Bolpur. Suddenly two persons in civil dress abducted him and forced him into a vehicle. They took him to a lodge somewhere in Bolpur and confiscated his mobile and wallet. Although they did not reveal their identity or tell him why he was detained, they forged a document claiming to have found Maoist posters on Mr. Goswami and got it signed by two others who were present at the lodge.
On April 24, at around 12.30 PM, around 6-7 persons in civil dress arrived in front of Mr. Tipu Sultan’s house in a police vehicle. They identified themselves as attached to the Barikul Police Station in Bankura, barged into Mr. Sultan’s house and dragged the HRD forcibly into the vehicle without providing any reason or explanation and without allowing him time or opportunity to put on a shirt, trousers or slippers. Police officials refused to show any arrest warrant to Mr. Sultan’s family members despite repeated requests, and took Mr. Sultan away to the same lodge where Mr. Goswami was detained. The duo were then taken onward to the Barikul Police Station where they were kept overnight. Mr. Goswami and Mr. Sultan’s family members visited the Santiniketan and Bolpur Police Stations immediately thereafter to inquire if the HRDs had been arrested and/ or detained, but they were not provided any information. At around 8 PM, the families were hand-delivered letters from Inspector in Charge of Bolpur Police Station Mr. Siladitya Saha claiming that the HRDs had been arrested from their homes in connection with FIR no 4/2022 of Barikul Police Station. The HRDs were produced at the court of ACJM Khatra on April 25, and have been in judicial custody at the Khatra sub jail since then. The jail authorities also did not allow them to meet their families despite the relaxation of COVID protocols by state and central governments. On occasions when they were produced at the Khatra court for hearing, they were kept in a lock-up like enclosure, with two walls standing 10 metres apart separating them from family members. Further, police claimed in court that the HRDs were found in possession of several Maoist posters and incriminating literature, but refused to share seizure lists or other documents with their lawyers and family members. Police has also not returned Mr. Goswami’s mobile phone and wallet which were confiscated from him during his detention.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
Event shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Jun 4, 2022
- Country
- India
- Initial Date
- May 20, 2022
- Event Description
On Friday, Fahad Shah was arrested by the State Investigation Agency (SIA) for questioning in a case while he was detained under the Public Safety Act in the Kupwara Jail.
Shah’s custody was taken over from the Kupwara jail authorities for the investigation into the FIR number 01/2022 registered by the SIA at the Joint Interrogation Centre, in Jammu, against an op-ed written by a Kashmiri scholar Abdul Aala Fazili in 2011.
This is the fifth time Shah has been arrested consequently since 4 February 2022, or in the last 108 days.
As per FIR in this case, seen by The Kashmir Walla, Fazili has been booked under the Unlawful Activities (Prevention) Act (UAPA) sections 13 and 18 and sections 120B, 121, 124, and 153B of the Indian Penal Code (IPC). Unnamed editor of The Kashmir Walla and associates have been booked under sections 13 and 18 of the UAPA and section 120B of the IPC.
Shah was initially arrested by the Pulwama police on 4 February, under sedition and anti-terror law, after The Kashmir Walla reported the events of a gunfight between the government forces and militants in south Kashmir. On 26 February, he was granted bail by an NIA court in Srinagar. However, he was immediately re-arrested by the Shopian police in a case registered against the reporting in January 2021.
On 5 March, he was granted bail by a Shopian judicial magistrate – and was subsequently re-arrested again by the Srinagar police in a case registered for The Kashmir Walla’s reporting in July 2020. A day before the bail hearing in this case, on 14 March, Shah was detained under the stringent PSA and was lodged in the Kupwara Jail.
Shah, who founded The Kashmir Walla in 2009, is an award-winning journalist whose work has appeared in several reputed international publications, including Time, Foreign Affairs, Foreign Policy, and The Atlantic. He is also a correspondent for the US-based Christian Science Monitor.
For the team at The Kashmir Walla, it is yet another hard blow as we remain concerned about the health and wellbeing of Shah in the JIC in Jammu. We reiterate our appeal to Manoj Sinha-led Jammu and Kashmir administration to drop all the charges against Shah and The Kashmir Walla’s journalistic work and facilitate his immediate release
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Offline
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: Kashmir editor arrested on terrorism claims
- Date added
- Jun 4, 2022
- Country
- India
- Initial Date
- May 13, 2022
- Event Description
The Observatory has been informed about the ongoing arbitrary detention of prominent human rights defender Mr. Khurram Parvez, as well as the recent raid on his house. Mr. Parvez is the Coordinator of the Jammu and Kashmir Coalition of Civil Society (JKCCS) [1] and the Association of Parents of Disappeared Persons (APDP) [2], and the Chairperson of the Asian Federation Against Involuntary Disappearances (AFAD) [3]. Mr. Parvez is also a distinguished scholar with the political conflict, gender, and people’s rights initiative at the Center for Race and Gender at University of California, Berkeley.
On May 13, 2022, the National Investigation Agency (NIA) filed a charge sheet before the NIA Special Court in New Delhi against Khurram Parvez under Sections 120B and 121A of the Indian Penal Code (“criminal conspiracy” and “punishment for conspiracy to wage war against the government of India”, respectively), Section 8 of the Prevention of Corruption Act (“taking gratification, in order, by corrupt or illegal means, to influence public servant”) and Sections 13, 18, 18B, 38 and 39 of the Unlawful Activities (Prevention) Act (UAPA) (“unlawful activities”, “conspiracy”, “recruiting any person or persons for commission of a terrorist act”, “offence relating to membership of a terrorist organisation” and “giving support to a terrorist organisation”, respectively). The NIA accuses Khurram Parvez of “running a network of over ground workers of the [Pakistan-based terrorist organisation] Lashkar-e-Taiba (LeT) for furthering activities of LeT and to commit terrorist attacks in India”, according to the press release published by NIA on May 13, 2022. The document further states that the investigation into this case is ongoing.
The case will be heard on July 6, 2022, at the NIA Special Court in New Delhi. At the time of publication of this Urgent Appeal, Khurram Parvez remains detained at the Tihar maximum security prison in Delhi, where he faces high risk of ill-treatment.
The Observatory recalls that Khurram Parvez was arbitrarily arrested on November 22, 2021, by NIA officers following 14-hour raids on his house and the JKCCS office in the city of Srinagar, during which his electronic devices and several documents were seized. He was taken to New Delhi on November 24, 2021, where he remained detained under NIA’s custody until December 4, 2021. On that day, he appeared before the NIA Special Court in New Delhi, and Judge Parveen Singh ordered his pre-trial detention in the Tihar maximum security prison. On March 24, 2022, the NIA Special Court in Delhi extended his pre-trial detention by 50 days under Section 43d(2) (b) of the UAPA.
The Observatory further recalls that Khurram Parvez’s house in Srinagar was raided again on March 27, 2022, by NIA officers and local police in connection with another investigation launched in October 2020into several NGOs and trusts in India and abroad. This investigation is being conducted pursuant to Articles 120B, 124A of the Indian Penal Code and Sections 17, 18, 22A, 22C, 38, 39, and 40 of the Unlawful Activities (Prevention) Act (UAPA).
The Observatory strongly condemns the ongoing arbitrary detention on trumped-up charges of Khurram Parvez as well as the politically motivated attempts by Indian authorities to silence prominent human rights defenders and to discredit them by labelling them as terrorists.The Observatory reiterates its concern over the misuse of the UAPA by the authorities to target human rights defenders and silence dissent and condemns all acts of harassment and persecution of human rights defenders in India.
Moreover, the Observatory recalls that the arbitrary detention of Khurram Parvez takes place in a context of an increased crackdown on civil society by the Indian government, notably by bringing politically motivated criminal cases against human rights defenders, student activists, journalists, and other critics of the government under sedition, terrorism, and other repressive legal provisions, with the aim to silence critical voices in the country.
The Observatory urges the authorities of India to immediately and unconditionally release Khurram Parvez and drop all charges against him, as his detention is arbitrary and only aimed at punishing him for his peaceful and legitimate human rights activities.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to work
- HRD
- NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 28, 2022
- Country
- India
- Initial Date
- May 20, 2022
- Event Description
Reporters Without Borders (RSF) calls for an immediate and independent investigation into the murder of Subhash Kumar Mahto, a 26-year-old reporter known for his reporting on mafia who was shot in the head outside his home in Bihar state, in East India. His murderers must be brought to justice without delay, RSF says.
Subhash Kumar Mahto had just returned from a wedding party on the evening of 20 May and was in front of his home in Sakho village when a gunman fired a single shot to his head at close range. Rushed to a local hospital, he was pronounced dead on arrival.
A stringer for Hindi-language newspapers and a local TV channel and active on Public App, an Indian local news sharing platform, Mahto was known for his investigative reporting on the liquor and sand mafias.
His father said Mahto reported receiving death threats to the police six months ago. But, before carrying out an investigation, the local police ruled out any link between his murder and his journalism, suggesting that it was probably the result of his support for a candidate in the recent local elections.
“We are horrified by this execution-style murder and call on the Indian authorities to order an independent investigation so that Subhash Kumar Mahto’s killers can be brought to justice as quickly as possible,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “In view of his reporting implicating local criminal groups, it is crucial that the investigation should continue to consider the possibility of a link to his work until the facts prove otherwise.”
India is one of the world’s most dangerous countries for journalists, with an average of three or four killed in connection with their work every year. Mahto is the second to be killed since the start of 2022. The first was Rohit Kumar Biswal, a newspaper photographer in the eastern state of Odisha who was killed by improvised explosive device while reporting on 5 February.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Media Worker
- Perpetrator-Non-State
- Suspected non-state
- Source
- Monitoring Status
- Pending
- Date added
- May 28, 2022
- Country
- India
- Initial Date
- Apr 25, 2022
- Event Description
Chhattisgarh Police and CRPF on April 25,2022 charged Human Rights Defender (HRD) Rainu Oyam in multiple allegedly fabricated cases, and arrested him for being a wanted Maoist. Rights group Human Rights Defenders’ Alert (HRDA) condemned the whole matter as a violation of D.K. Basu arrest guidelines.
As a leading member of the adivasi rights group Moolwasi Bachao Manch, Oyam has organised numerous peaceful protests against militarisation and human rights violations by police and security forces. Around the time of his arrest, Oyam was closely involved in organising ongoing peaceful protests against CRPF camps in Silger and Pusnar in Bijapur district. Villagers allege these camps are being set up in violation of forest rights and land acquisition laws and without the consent of locals.
On the intervening night of April 24 and April 25, Oyam was forcibly taken away by police personnel one kilometre away from the Cherpal CRPF camp. He was forced out of his tractor and detained without providing any reason or information regarding the cases against him.
According to the HRDA, officials abused, pushed and shoved objecting villagers and threatened to assault them. Oyam was taken to the Gangaloor police station which issued a press release claiming that Oyam was a wanted Maoist with a bounty of ₹10,000. Police also claimed he was the Krantikari Adivasi Bal Sangathan President, an alleged front organisation of the banned Communist Party of India (Maoist).
A total of 11 cases were registered against him pertaining to various incidents of firing on security forces, planting of mines and explosives, arson and murder between June 2020 and January 2022. Arrest warrants were issued in eight cases and three cases were sub judice, claimed the police.
Rejecting all this, Oyam’s family and fellow activists in the village issued a press note offering a point-by-point rebuttal to police’s claims, especially that he was an underground Maoist. Oyam is in fact a farmer, a married man, with three daughters. He graduated Class 10 in 2017 and gave his Class 11 exam under the national open school in 2020.
“This is an abuse of the fundamental Right to Life and Personal Liberty granted by Article 21 of the Constitution as well as a violation of human rights as guaranteed by national and international laws… He is implicated in multiple false cases as reprisal for his involvement in ongoing peaceful protests seeking the protection of Adivasis’ constitutional and human rights,” said the HRDA.
It further pointed out how fellow HRDs similarly invested in protests against security camps in Pusnar, Silger and other places fear similar action to facilitate resource-grab. Therefore, the HRDA on May 17 demanded an independent inquiry into the atrocities faced by Oyam to be submitted to the National Human Rights Commission within two weeks.
It also called for stern action against errant police and CRPF officials who misused provisions of law and framed HRD Oyam.
“Ensure that HRDs in the Bastar region of Chhattisgarh are allowed to assemble peacefully and carry out their genuine human rights work as per the fundamental rights enshrined in the Constitution,” said the HRDA.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Indigenous peoples' rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 27, 2022
- Country
- India
- Initial Date
- May 21, 2022
- Event Description
Dr. GN Saibaba who has been on a hunger strike since May 21, 2022 was sent to prison hospital yesterday. The former Delhi University professor is a human rights activist and political dissenter and has been behind bars after being convicted in a case related to his alleged involvement with left-wing extremist groups. He is currently under the care of the prison's Chief Medical Officer (CMO) and the Superintendent who have agreed to extend the medical treatment.
In a press release dated May 26, 2022, the Committee for the Defense and Release of Dr. GN Saibaba has said that the former DU Professor is suffering through serious health problems due to four days of hunger strike. They say that from the third day of the strike, Prof. Saibaba started passing blood motions spilling all over the bed. Moreover, the Committee states how his skin has loosened and is now hanging from the muscles.
This is not the first time that Dr. Saibaba has gone on a hunger strike for the sake of upholding his fundamental rights. Previously, during the pandemic, he had gone on a strike demanding the immediate handover of medicines supplied by his family members and advocates, as well as supply of books, letters, etc.
As for this hunger strike, he is fighting for his fundamental right to privacy, life, liberty and bodily integrity. The jail authorities installed a CCTV camera in front of his Anda Cell without providing any valid reason which records everything 24X7 including use of toilet, bathing, and all his bodily activities. The letter claims that this is against the basic human rights and that the rights, even of a convicted person, should be upheld. In a letter dated May 14, 2022, Saibaba’s wife Vasantha Kumari and his brother G. Ramadevudu wrote to the Maharashtra Home Minister, Shri Dilip Walse Patil urging him to intervene in the matter and to protect his rights.
In the letter, his family reportedly pleaded, “How can Dr G N Saibaba live in these circumstances? The helpers are also intimidated by the closely watching camera since their bodies are constantly exposed to the eye of the camera. This is clearly to intimidate and insult him.”
Two weeks ago, it was reported that the Nagpur Jail authorities have been denying Prof GN Saibaba a plastic water bottle for three weeks. The former Delhi University professor, who is ninety per cent physically disabled and wheelchair-bound, has been finding it difficult to lift the small pot kept in his cell or even a glass bottle, and has reportedly been unable to hydrate himself adequately amidst soaring temperatures due to this.
The Committee lists out the following demands:
Removal of CCTV camera’s focus on his Anda Cell that keeps his privacy, dignity and body integrity at risk. Grant parole and enable him to get proper medical treatment for all his health issues. [His family members submitted applications several times to release him on parole.] Immediately shift him out of Anda Cell as he is unable to withstand heat/cold waves and unable to move on his wheelchair as the cell is very small and compact. Prison Transfer: He and his family members submitted letters to Jail Authorities and Maharashtra Home minister to transfer him from Nagpur Central Prison to Cherlapally Central Prison, Hyderabad. Implementation of all other demands of his earlier hunger strike that were not so far addressed.
Advocate Aakash Sorde informed the Committee that the jail authorities are now ready to give him a water bottle and they have claimed that they will accept all other demands one by one in due course of time.
As reported by the Wire, Dr. GN Saibaba suffers from ailments like hypertrophic cardiomyopathy, hypertension, paraplegia, kyphoscoliosis of the spine, anterior horn cell disease, acute pancreatitis and a cyst in the brain. It is also reported that Prof. Saibaba's left hand is on the verge of failure and there is acute pain spreading in both his hands.
Brief background of the case
The Sessions Court at Gadchiroli on May 7, 2017 sentenced Prof. Saibaba to life imprisonment under the Unlawful Prevention (Activities) Act (UAPA), for alleged links with banned organisation Communist Party of India (Maoist). He had appealed against the Judgment of the Sessions Court before the Nagpur Bench of Bombay High Court, but his appeal has been pending for the last five years.
Dr. Saibaba, who has been a long-time defender of the rights of India’s minorities, especially Dalits, Adivasis and forest dwelling communities, against vested corporate interests, was first arrested in in May 2014, and eventually sentenced to life imprisonment in March 2017, for “waging war against the state”.
As an activist and rights defender, Dr. Saibaba has campaigned against a push to end reservations for lower castes, as well as against “encounter killings” of innocent people in Andhra Pradesh. He launched the Forum Against War on People, in response to the Indian government’s Operation Green Hunt in India’s tribal belt, which allegedly cracked down on Adivasis in the region. He organised a national campaign against the operation that reportedly led to investors pulling out. In July 2015, he told The Hindu that the authorities felt “the best way to stop me was to throw me in jail.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Surveillance
- Rights Concerned
- Right to privacy
- HRD
- Academic
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 27, 2022
- Country
- India
- Initial Date
- May 25, 2022
- Event Description
Human Rights Defender Aabid Shekh has been accused of planning to disrupt the Vice President’s visit to Varanasi, Uttar Pradesh by the local police on April 22, 2022. Rights groups like the Human Rights Defenders Alert (HRDA) say that authorities are misusing the law to harass Shekh and curtail his constitutional rights.
Shekh is a human rights activist who has been a participant in many peaceful citizenship protests in the past including anti-CAA protests and raised his voice on public issues. On April 25, two police officers handed a notice against Shekh issued by the Special Executive Magistrates of Varanasi. It demanded a surety of ₹ 1 lakh or property of the same amount from him. The accused refused to furnish the surety bond because he says he has not done anything illegal. He also rejected claims of him trying to disrupt peace.
The notice referred to an investigation report prepared by Chetganj Sub-Inspector Jagdeesh Ram, and asked Shekh to appear before the court on May 6 and explain why he should not pay the surety bond.
“We believe this notice is a way to stifle dissent and freedom of speech and expression. Shekh has no past criminal record and there is no valid reason for the police and district administration to ask him to provide a surety bond for breach of peace. The main purpose of the notice is to harass and silence the voices of law abiding HRDs, who exercise their constitutionally granted right to peaceful protest. However, despite being an innocent citizen Mr. Shekh is at risk of arrest for no reason of his making,” said the HRDA.
As such, it demanded strict action against the official who insisted that Shekh file the bond and thus pressured him from protesting against the government. Further, it asked the Director general of Police to ensure that Shekh is not harassed or arrested in the future and asked the Sub Divisional Magistrate to cancel the notice against the HRD.
“Put an end to all acts of harassment and intimidation against all HRDs in Uttar Pradesh to ensure that in all circumstances they carry out their activities as defenders of human rights without any hindrances,” said the HRDA.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Offline
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 27, 2022
- Country
- India
- Initial Date
- May 17, 2022
- Event Description
Tripura police arrested a photo-journalist named Nitai Dey in the intervening nights of Tuesday and Wednesday.
He is working as a photo-correspondent for a Guwahati-based news channel.
Reportedly, Nitai was arrested when he went to cover the restrictions imposed by the Tripura government on sale of Petroleum Oil Products (POL) at a fuel station in Radhanagar area here in Agartala city.
Sources said that the photo-journalist got involved in a heated squabble at the fuel station where the policeman identified as Arindam Roy, OC of College Tilla Out Post was alleged to have used abusive languages and harassed him.
Later, he was immediately arrested and transported to East Agartala Police Station. He was alleged to have been forced to drink foreign liquor and started beating him.
Police station sources informed that the bailable charges under Indian Penal Code was lodged against the photo-journalist.
On Wednesday, Nitai was produced before the local court. The judge directed the West Tripura district’s SP to submit the report within 3 days. The judge took the statement of the persecuted photo-journalist Nitai Dey. The court further took a suo-moto case against the OC of East Police Station.
Meanwhile, Agartala Press Club president Subal Kumar Dey, vice-president Arun Nath and secretary Pranab Sarkar on Wednesday morning condemned the incident and demanded suspension of the OC of the College Tilla Out Post. Thereafter this noon, they held a siege at Police Headquarters.
Later, police sources informed that the policeman who was accused of harassing photo-journalist was suspended.
A Tripura court has taken suo motu cognisance of the statement of an arrested video journalist that he was tortured and forcibly made to drink alcohol in police custody on Tuesday night.
While granting bail to journalist Nitai Dey on Wednesday, judicial magistrate (first class) West Agartala, Ayan Chowdhary, directed the West Tripura police to submit a report in connection with the case within three days.
Dey, 33, was picked up by the officer in-charge of the College Tilla Police Outpost, Arindam Roy, from near a petrol pump where the video journalist had gone to cover the rationing of fuel from Tuesday night following the disruption in rail and road traffic because of landslides in Dima Hasao.
When Dey himself ran out of fuel at the petrol pump, the manager tried to help him but others in the long queue objected to it. The police, too, asked Dey to leave but he was picked up from a bank located nearby and taken to the East Agartala police station by Roy.
Dey was later charged under Section 90 of the Tripura Police Act, dealing with creating nuisance under the influence of alcohol, a bailable offence.
According to Dey’s counsel Bhaskar Debbarma, Dey in his recorded statement in the court said he was neither granted bail at the police station nor allowed to contact his family members.
On Wednesday, Dey narrated his ordeal to The Telegraph from a hospital where he was taken for a medical examination.
“The OC apparently took offence because I had referred to him as ‘dada’ and not as ‘sir’ because he was a gazetted officer. He also said we do negative news. I was beaten up, forcibly made to drink alcohol and asked to take my pants off. I have said everything in the court,” Dey said.
The police could not be contacted for their version.
Debbarma said besides the suo motu case, the complaint lodged by Dey in the police station had also been registered.
“Both the OC of College Tilla outpost and OC of East Agartala police station will face inquiry,” he said.
Local journalists protested against the police action,
with the Agartala Press Club seeking the intervention of chief minister Manik Saha who assumed charge on Sunday.
They also staged a dharna in front of the police headquarters in Agartala for an hour.
Pranab Sarkar, Agartala Press Club secretary and one of Dey’s counsel, told The Telegraph that the chief minister had not only condemned the arrest but also sought a report on the incident besides giving an assurance that OC Roy would be suspended.
Inspector-general of police (law and order) G.K. Rao also met the protesting journalists.
State BJP spokesperson Nabendu Bhattacharjee condemned the incident and said they had also demanded Roy’s suspension.
Roy was suspended with effect from Wednesday afternoon.
The suspension order, issued by West Tripura superintendent of police B.J. Reddy, said a departmental proceeding was under contemplation against Roy for “his gross misconduct” on duty in dealing with arrested accused person and lapses in following legal procedures.
It also said the officer “failed” to properly handle a sensitive matter besides not following the orders of superior authority while he was posted at the outpost.
The Tripura Trinamul unit hit out at the BJP-led state government for restricting freedom of press and asked how assaulting journalists could be acceptable.
The Trinamul tweeted: “ YET ANOTHER ATTEMPT BY @BJP4Tripura TO STRANGULATE DEMOCRACY! Journalist arrested, thrashed. New CM trying hard to prove himself? @narendramodiji, is this what you instructed @DrManikSaha2 to do? Attack the Fourth Pillar of Democracy? #ShameOnBJP.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Torture, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 27, 2022
- Country
- India
- Initial Date
- May 4, 2022
- Event Description
About the Human Rights Defender: Mr. B. Tamilselvan (38), hails from Chennimalai, a remote area in Erode District, Tamil Nadu. He is an environmental rights activist who has been working against illegal stone quarrying causing degradation to the environment in Ekkadampalayam, Chennimalai area. He runs an internet browsing centre.
Background of the Incident: On May 01, 2022, Mr. B. Tamilselvan he spoke about the illegal stone quarrying in the Ekkadampalayam grama sabha meeting and was instrumental in bringing a resolution to close the illegal quarries. The quarry owners who were also present in the meeting protested against the resolution. Later the quarry owners, namely V. Mohan S/o. P. Venkadachalam – AVM Blue Metals, K. Gowtham S/o. Kumarasamy – CKG Blue Metals; P. Mahendren S/o. V.K. Palanisamy; Periyanayaki Amman Blue metals; and P. Gopalakrishnan S/o. Palanisamy Gounder – Selvanayaki Amman Blue Metals threatened to kill Mr. Tamilselvan by beating him with an iron rod.
Details of the Incident: On 04 May 2022, Mr. B. Tamilselvan was at his internet browsing centre, when two unidentified men came in his shop and started hitting him with iron rods. A blow fell on his head and shoulders and caused him severe injuries. The other assaulter stopped Mr. Tamilselvan from escaping and hit him with a rod which fell on the glass cupboard, shattering it into pieces. The customers present in the centre ran out in fear. The staff pleaded with the assaulters to leave Mr. Tamilselvan alone but both the assaulters continued to beat him with the rods until he locked himself inside a room. Before leaving, the assaulters shouted and threatened Mr. Tamilselvan that they will not rest until they eliminate him. Mr. Tamilselvan was then admitted at L.K.M hospital in Chennimalai from May 04-May 07, 2022 and the hospital intimated the Chennimalai Police. On May 05, 2022, an FIR (No. 132 of 2022) was registered in Chennimalai Police Station, against unidentified people, under sections 448 (Punishment for house- trespass), 324 (Voluntarily causing hurt by dangerous weapons or means), 427 (Mischief causing damage to the amount of fifty rupees), 506(ii) – (attempt to commit offences) of IPC.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Environmental rights defender
- Perpetrator-Non-State
- Suspected non-state
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- May 27, 2022
- Country
- India
- Initial Date
- May 20, 2022
- Event Description
About the Human Rights Defender: Professor Ratan Lal is an Associate professor of History at the Hindu college in Delhi University. He is also an Dalit activist and the founder and editor-in-chief of Ambedkarnama, a news portal focusing on Dalit issues.
Details of the incident: In May 2022, Professor Lal made a Facebook post on his Facebook wall, which referred to claims of a Shivling been found at the Gyanvapi mosque. On May, 17, 2022, an FIR was registered against Professor Lal following a police complaint by a Delhi-based lawyer. In his complaint, Advocate Vineet Jindal said Mr Lal recently shared a "derogatory, inciting and provocative tweet on the shivling". On May 20, 2022, the professor was called to the police station for questioning. And at 10:30 pm on the same day, the Delhi police arrested the Hindu College history teacher under sections 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) and 295A (deliberate act to outrage religious feelings of any class by insulting its religion) of the Indian Penal Code. Defending his post Prof Lal said he had simply posed a question as a student of history. ““People can be hurt by anything. Academic discourse cannot be side-lined on account of perceived hurt. I had asked a simple question to enquire if the so-called shivling was broken or cut. Mullahs and Pandits don’t need to comment on it. An art historian should answer this question,”
A Delhi court on Saturday granted bail to Delhi University professor Ratan Lal, who was arrested on Friday over a social media post allegedly intended to outrage religious beliefs after the alleged discovery of ‘Shivling’ inside the Gyanvapi Mosque complex in Varanasi, on furnishing a bond of ₹50,000 and surety on the like amount. Lal was produced before the Tis Hazari Court, which granted him the bail.
The court, however, directed Lal to strictly refrain from posting any social media posts or interviews regarding the ‘shivling’ controversy.
An FIR was lodged against Lal, a Hindu College associate professor, on Tuesday night based on a complaint filed by a Delhi-based lawyer. In his complaint, advocate Vineet Jindal said the professor had recently shared a "derogatory, inciting and provocating tweet on the Shivling".
He was booked under Indian Penal Code Sections 153A (promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony) and 295A (deliberate act to outrage religious feelings of any class by insulting its religion).
On Saturday, Left-affiliated All India Students Association (AISA) activists staged a protest outside Delhi University's Arts Faculty against the arrest of the Hindu College associate professor.
The student activists held placards that read: "Stop attack on our teachers", "Stop curbing democratic voices" and "Release professor Ratan Lal".
There was a heavy deployment of police during the protest. Apart from the district police, four companies from an outside force, including women personnel, have been put in place, police said.
Lal had earlier said he had simply posed a question as a student of history. “People can be hurt by anything. Academic discourse cannot be sidelined on account of perceived hurt. I had asked a simple question to enquire if the so-called shivling was broken or cut. Mullahs and Pandits don’t need to comment on it. An art historian should answer this question,” said Lal.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to liberty and security
- HRD
- Academic, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 27, 2022
- Country
- India
- Initial Date
- Mar 23, 2022
- Event Description
About the Human Rights Defender: Ms. Jayeeta Das is a senior activist residing in Nadia district of West Bengal. She has participated in many people’s movements in the past two decades, including the Nandigram movement against forcible land acquisition and state repression and movements demanding justice for rape and murder victims. Mr. Pratik Bhowmik and Mr. Hasibur Sk are residents of Murshidabad district and members of Shramik Krishak Aikya Mancha, an organisation that works towards protecting the rights of workers, farmers and other marginalised groups in West Bengal. They have organised several public meetings and demonstrations and were actively involved in addressing the issues of migrant workers during the COVID-19 lockdowns.
Details of the Incident: On March 23, 2022, at around 10.30 PM, Mr. Pratik Bhowmik and Mr. Hasibur Sk were illegally detained by personnel from the Nowda Police Station when they were returning home from a nearby village. They were kept at the Nowda Police Station till the morning of March 25, but not told about any case against them or their arrest. While in detention, police forced them to sign a seizure memo claiming arms were found on them. Mr. Hasibur Sk was also beaten up by police officials on one occasion. On March 24, 2022, more than 12 hours after Mr. Bhowmik and Mr. Hasibur’s illegal detention and arrest, the Nowda Police Station registered an FIR against the HRDs under Sections 25 and 35 of the Arms Act. However, the police falsely claimed the HRDs were arrested on March 24 at around 3.30 PM. They were produced at the Berhampore court on March 25 and were remanded in police custody for seven days. On March 29, 2022, around 12 PM, personnel from Haringhata Police Station in Nadia district apprehended Ms. Jayeeta Das from the Boro Jaguli area. They ordered her to get into the police vehicle without providing any reason and took her to an empty house, where she was detained for nearly seven hours. She was not provided any reason for her detention or allowed to inform her family members or lawyer. At around 7 PM, personnel from the Special Task Force of Kolkata Police reached the spot and informed she was being arrested in FIR no 1/2022. They took her to Kolkata where she underwent a medical examination. On March 30, Ms. Das was produced at the Bankshall Court, and remanded in police custody for 14 days. On April 2, when Mr. Bhowmik and Mr. Hasibur were produced at the Berhampore court, the Special Task Force prayed for their remand, which was granted. On April 3, an arrest warrant was issued against the duo in connection with FIR no 1/2022 by the Bankshall Court in Kolkata, and they were remanded in police custody. On April 7, all three HRDs were booked under Sections 17, 18, 20, 38 and 39 of the Unlawful Activities Prevention Act following approval from the City Sessions Judge. They continue to remain in police custody.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment, Violence (physical)
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, NGO staff, WHRD
- Perpetrator-State
- Judiciary, Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- May 16, 2022
- Country
- India
- Initial Date
- Apr 2, 2022
- Event Description
The Observatory has been informed about the arbitrary detention and acts of torture and ill-treatment while in custody of journalist Mr. Kanishk Tiwari in the town of Sidhi, Madhya Pradesh State. Mr. Tiwari reports on local issues through his YouTube news channel MP Sandesh News 24, where he scrutinises the activities of local politicians and the police department and reports on human rights violations and social issues.
In the evening of April 2, 2022, Kanishk Tiwari went to the Kotwali Police Station, Sidhi, Madhya Pradesh State, to cover a peaceful protest for the release of Mr. Neeraj Kunder, a theatre artist who had been arrested earlier that day for allegedly running a fake Facebook profile of the nephew of a Member of the Legislative Assembly of Madhya Pradesh, Mr. Kedar Nath Shukla.
The police violently dispersed the 40 people who had gathered in front of the police station, beating them with sticks. Nine individuals were arbitrarily arrested, including Mr. Tiwari, who was reporting on the excessive use of force by the police against the protesters, and forcefully brought inside the Kotwali police station, where they were detained overnight.
Throughout the night, Mr. Tiwari and the eight peaceful protesters were verbally and physically tortured. According to them, Mr. Amar Singh Kallu, a close associate of Mr. Shukla, arrived at the site and started beating Mr. Tiwari with a pipe, while the policemen stood by and watched. Mr. Tiwari reported that the eight peaceful protesters and himself were taken one by one to a room where they were beaten with sticks, plastic pipes, punched, kicked and slapped by the policemen. While they were being beaten, Mr. Kallu, also present in the room, was making video calls to show the beatings to an unknown person. Then, the nine were regrouped, beaten once more and stripped of their clothes. The policemen ripped off from some of the men’s chests their janeu, a sacred thread worn primarily by men of the Brahmin caste.
They were left in their undergarments all night and paraded around the police station. A police officer from the Amiliya Police Station threatened Mr. Tiwari that he would be paraded naked through the whole town of Sidhi if he did not stop publishing critical information about the local police and Mr. Shukla.
On April 3, 2022, the nine men were formally arrested under Sections 151, 152, 153, 186, 341, 504 and 34 of the Indian Penal Code (“knowingly continuing in assembly of five or more persons after it has been commanded to disperse”, “obstructing a public servant when suppressing a riot”, “provocation with intent to cause riot”, “obstructing a public servant in discharge of public functions”, “wrongful restraint”, “intentional insult intended to provoke breach of peace” and “acts by persons with a common intention”, respectively). They were kept in their undergarments until almost 2pm, when they were produced before a magistrate and released on bail pending investigation at around 7pm on the same day.
On April 7, 2022, a video went viral on social media, showing the victims standing half naked in the Kotwali police station. After the video triggered public outcry, two policemen, Mr. Soni and Mr. Parihar, from Kotwali Police Station and Amiliya Police Station, respectively, were suspended. According to the media, when asked about the video, senior police officials termed this as a normal police process to prevent unwanted measures by the detainees. At the time of publication of this Urgent Appeal, no criminal complaint has been registered against the police officials involved into the above-mentioned acts of torture and ill-treatment against Mr. Tiwari and the eight peaceful protesters.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Torture, Vilification, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to protect reputation
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 2, 2022
- Country
- India
- Initial Date
- Apr 17, 2022
- Event Description
Authorities in Indian-administered Jammu and Kashmir must stop prosecuting The Kashmir Walla’s staff and contributors for their work, the Committee to Protect Journalists said Monday.
The State Investigation Agency (SIA) in Indian-administered Jammu and Kashmir arrested Abdul Aala Fazili, a former contributor to privately owned news portal The Kashmir Walla, on Sunday, April 17, in relation to a November 2011 opinion article, according to news reports. The SIA and Kashmir police also raided The Kashmir Walla office, the home of editor Fahad Shah—who was arrested in March—and Fazili’s home, seizing electronic devices including laptops.
According to the Indian Express, the SIA claimed that Fazili’s 2011 opinion piece supporting Kashmir’s separation from the Indian state was “highly provocative, seditious and intended to create unrest” and written to propagate “the false narrative which is essential to sustain [a] secessionist cum terrorist campaign aimed at breaking the territorial integrity of India.” The SIA did not give any information as to why it was acting now on the article.
“The Jammu and Kashmir authorities’ vindictive campaign against journalists has reached the point of absurdity with the arrest of former Kashmir Walla contributor Abdul Aala Fazili over an 11-year-old article,” said Steven Butler, CPJ’s Asia program coordinator, from Washington, D.C. “Indian authorities must drop its investigation into Fazili and immediately release him.”
Fazili is a former contributor to The Kashmir Walla who is currently a research scholar at Kashmir University, according to those news reports.
According to a statement by The Kashmir Walla, the SIA and Kashmir police raided Shah’s home and the outlet’s office for three hours on April 17. According to the outlet, officials seized two reporters laptops, a computer from the multimedia department, six hard drives, and five CDs. Officials also searched reporting notebooks and phones of two reporters who were present in the office during the raid.
The SIA accused Fazili of violating four sections of the Indian penal code, including criminal conspiracy, waging or attempting to wage war against the Indian government, sedition, and making assertions prejudicial to national integration, and two sections of the anti-terror Unlawful Activities (Prevention) Act (UAPA) for unlawful activities and terrorism, according to The Kashmir Walla.
Under the UAPA, Fazili could face up to seven years imprisonment. If found guilty of violating the four sections of the penal code, he faces a life sentence.
After the publication of this article, CPJ obtained a copy of the police force’s first information report, a document which opens an investigation.
That report only identifies Fazili by name, and says that police are also investigating the The Kashmir Walla’s editor, who it does not identify, for allegedly conspiring with Fazili and “endorsing the contents” of that 2011 article. It also says police are investigating an unspecified number of other people associated with The Kashmir Walla for alleged conspiracy-related violations of the penal code and the UAPA.
If charged and convicted of criminal conspiracy under the penal code, the accused could face up to six months in prison and a fine. Convictions for terrorist conspiracy under the UAPA can carry life imprisonment.
CPJ was unable to confirm Fazili’s current whereabouts. Shah is currently in preventive custody in Kupwara District Jail after he was granted bail in two investigations where he has been accused of violating the UAPA and other Indian laws, as CPJ documented and news reports.
Dilbag Singh, the director-general of the Jammu and Kashmir police, did not immediately respond to CPJ’s request for comment sent via messaging app. CPJ could not locate contact information for the SIA’s spokesperson.
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment, Raid
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: Kashmir editor arrested on terrorism claims, India: media outlet had Twitter account suspended after sharing about military violence
- Date added
- May 2, 2022
- Country
- India
- Initial Date
- Apr 4, 2022
- Event Description
Reporter Loknath Dalei was allegedly assaulted and mistreated by police officers from Nilagiri police station on April 6, for his prior reporting on the district’s alleged corruption. The International Federation of Journalists (IFJ) is deeply concerned by the journalist’s assault and urges the authorities to expedite their investigation into the incident and bring the perpetrators to justice.
According to India Times, Loknath Dalei, a reporter for Kanak TV in Balasore, attended Nilagiri police station regarding about a minor motorcycle accident on April 4. At the station, the journalist was confronted by the Inspector, Droupadi Das, who proceeded to assault him.
"The police made me sit for five hours. When I tried to get in touch with my friends, the local police officer thrashed me and I fell down. I almost fainted. Later on Wednesday evening, I was admitted to the Balasore district hospital," Dalei said in a statement to The Telegraph.
Dalei fell unconscious after the attack and was sent to the Balasore District Hospital that evening, where he was chained by police officers and left without a bed.
“Nearly seven guards carrying guns are guarding me [to the hospital]. On Thursday morning, two constables came and put iron shackles on my leg as if I would flee from the hospital”, Dalei said.
The journalist claims he was targeted for previous reports he had published on the police district’s alleged corruption.
Photos and videos of Dalei’s condition went viral on social media, with India’s Minister of Education and Skill Development, Dharmendra Pradhan, condemning the actions of the police officers.
Following public outcry, the Balasore Superintendent of Police, Shri Sudhansu Sekhar Mishra, informed reporters that an investigation into the incident would be undertaken, and that “strict action will be taken against those found guilty”.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Restrictions on Movement, Violence (physical)
- Rights Concerned
- Freedom of movement, Freedom of expression Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 13, 2022
- Country
- India
- Initial Date
- Mar 30, 2022
- Event Description
Uttar Pradesh police have arrested three journalists in the state’s Baila district after they broke the news about a school exam question leak. The International Federation of Journalists (IFJ) and its Indian affiliate, the Indian Journalists Union (IJU), urge the Indian authorities to immediately release the journalists.
Journalists Ajit Ojha and Digvijay Singh, associated with Hindi daily Amar Ujala, and Manoj Gupta of Rashtriya Sahara, were arrested on March 30 for their reporting on the leak of a Class 12 ‘English’ paper, scheduled to take place the same day.
The paper was leaked alongside the answer key of a Class 10 Sanskrit subject scheduled for March 29. Both Uttar Pradesh Board examinations were cancelled in 24 of the state’s 75 districts.
The local administration accused the three journalists of being involved in a scheme to lead the papers, and they were arrested along with over 30 others in connection with the case.
Uttar Pradesh Police filed a First Information Report (FIR) against the journalists at Ballia police station. The charges include ‘cheating and dishonesty inducing delivery of property’, under the Indian Penal Code’s Section 420, ‘unauthorised possession and disclosure of question papers’, under Uttar Pradesh’s Public Examination Act, ‘dishonestly receiving stolen computer resource or communication device’, under Section 66B of the Information Technology Act.
Following the arrests, local journalists held a protest in front of the Ballia police station demanding the reporters’ immediate release. Members of the Working Journalists of India deemed the arrest a strategy to hide the administration’s failure and organized demonstration in GPO Park in Hazratganj, Lucknow on April 7.
Ojha and Singh argued on social media that their arrests were retaliation for their critical reportage. Singh claimed to be held for not revealing his source to police, while Ojha also said that policemen vandalised his office and harassed his colleagues.
Cases are commonly filed against journalists in India under various pretences. In March, Fahad Shah, editor of The Kashmir Walla, who has faced multiple charges since his initial arrest on February 4, was sentenced under Jammu and Kashmir’s Public Safety Act.
- Impact of Event
- 3
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 13, 2022
- Country
- India
- Initial Date
- Apr 10, 2022
- Event Description
Authorities in Indian-administered Jammu and Kashmir must immediately and unconditionally release Kashmiri journalist Aasif Sultan and cease detaining journalists for their work and subjecting them to legal harassment, the Committee to Protect Journalists said Monday.
On Sunday, April 10, authorities in Jammu and Kashmir re-arrested Sultan, a journalist with the monthly magazine Kashmir Narrator, under the 1978 Jammu and Kashmir Public Safety Act days after he was granted bail in a separate case, according to various news reports and Sultan’s lawyer, Adil Pandit, who spoke to CPJ by phone.
The Public Safety Act allows for suspects to be held for up to two years in preventative detention without trial, according to those sources. Pandit told CPJ that the grounds for Sultan’s detention under the Public Safety Act were unclear, and he was expecting a copy of the detention order from an executive district magistrate soon.
“We urge police in Jammu and Kashmir to respect the decision of the judiciary, which has found no evidence to justify holding journalist Aasif Sultan in jail,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “Sultan should be released at once, having already spent over three and a half years in jail without being convicted of any crime, and authorities must cease weaponizing preventative detention and anti-terror laws against journalists to muzzle their work.”
Police arrested Sultan in August 2018 for allegedly harboring terrorists in violation of the anti-terror Unlawful Activities (Prevention) Act, shortly after he published an article about Burhan Wani, leader of the armed Hizbul Mujahideen group, who was killed by Indian authorities in 2016, sparking anti-government protests in Kashmir.
On April 5, 2022, a special court of the National Investigation Agency, which handles terror-related cases, granted Sultan bail in that case, claiming that the state had failed to provide evidence linking him to any militant organization, Pandit told CPJ.
However, authorities kept Sultan at the Batamaloo Police Station in Srinagar, and then re-arrested him under the Public Safety Act, Pandit said, adding that authorities said they would move the journalist to Jammu’s Kot Bhalwal jail, about 200 miles from Srinagar.
Sultan’s father, Mohammad Sultan, told CPJ by phone that, before he was re-arrested, authorities at the Batamaloo Police Station insisted that the journalist would be released soon.
In January, police similarly re-arrested Sajad Gul, a journalism student and trainee reporter at the online news portal The Kashmir Walla, under the Public Safety Act after he was granted bail in a separate criminal conspiracy case, according to news reports. On March 14, police re-arrested Fahad Shah, editor of The Kashmir Walla, also under that act, after he was granted bail in a number of separate criminal and anti-terror cases, according to a statement by his outlet.
In August 2020, CPJ joined nearly 400 journalists and civil society members in calling on Indian Prime Minister Narendra Modi to release Sultan. In February 2022, CPJ joined 57 press freedom organizations, rights groups, and publications in calling on the lieutenant governor of Jammu and Kashmir to release all arbitrarily detained journalists, including Shah, Gul, Sultan, and freelance photojournalist Manan Dar.
Dilbag Singh, the director-general of the Jammu and Kashmir police, did not immediately respond to CPJ’s request for comment sent via messaging app.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 13, 2022
- Country
- India
- Initial Date
- Apr 6, 2022
- Event Description
Responding to the Delhi Court order this morning directing Amnesty International India’s Board chair, Aakar Patel, not to leave the country without prior permission, Amnesty International‘s Deputy Secretary General, Kyle Ward said:
“The continued denial of Aakar Patel’s right to freedom of movement and freedom of expression is outrageous. The criminalization of activists and human rights defenders for making ‘a lot of noise’ and criticizing the authorities must stop. The Indian authorities must immediately revoke the travel ban on Aakar Patel.
“This is part of the wider crackdown and repression of civil society in India that we have seen over recent years. Amnesty International once again calls on the Indian authorities to respect, protect, promote and fulfil the human rights of all human rights defenders and civil society organizations. Those working to promote the human rights of other people must be allowed to carry out their activities without any hindrance or fear of reprisals.”
Background:
On 6 April 2022, Aakar Patel, Amnesty International India’s Board chair was prevented from leaving the country by immigration authorities to attend speaking engagements on the attacks on the civil society in India organized by several US universities. This was based on the ‘Look Out Circular’ issued by the Central Bureau of Investigation (CBI).
On 7 April 2022, a Delhi court order directed the CBI to withdraw the Look Out Circular against Aakar Patel and issue him a written apology
Later in the day, Aakar was stopped again by immigration authorities from travelling out of the country.
On 8 April 2022, interim relief was granted to the CBI which had sought revision of the Delhi Court order and the Delhi Court ordered Aakar Patel not to leave country without prior permission.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Restrictions on Movement, Travel Restriction
- Rights Concerned
- Freedom of movement, Freedom of expression Offline
- HRD
- NGO staff
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 13, 2022
- Country
- India
- Initial Date
- Mar 29, 2022
- Event Description
Indian authorities should immediately reverse their decision to block journalist Rana Ayyub from traveling outside India, the Committee to Protect Journalists said Wednesday.
On Tuesday, immigration officials at the Chhatrapati Shivaji International Airport in the western city of Mumbai stopped Ayyub, an investigative journalist and a Washington Post commentator who has frequently criticized the ruling Bharatiya Janata Party’s policies and politics, and told her she was not allowed to travel to London, according to news reports and the journalist, who spoke with CPJ by messaging app.
Airport officials told Ayyub that she could not leave the country because she is the subject of a recently opened money laundering investigation and that the Enforcement Directorate of the Indian finance ministry was sending her a summons to appear on April 1, 2022, Ayyub told CPJ. Ayyub received the emailed summons one hour before her flight departure.
“Preventing Rana Ayyub from traveling abroad is another incident in a growing list of unjustified and excessive actions taken by the Indian government against the journalist,” said Steven Butler, CPJ’s Asia program coordinator, from Washington, D.C. “Indian authorities should immediately cease all forms of harassment and intimidation against Ayyub.”
The Enforcement Directorate froze Ayyub’s bank account in February and accused her of laundering money that she raised to help those affected by the COVID-19 pandemic. Ayyub has denied the allegations and called it an attempt to intimidate her. The account also included income that Ayyub earned writing for The Washington Post and a newsletter on Substack, according to a Substack post by Ayyub.
Ayyub was flying to London to speak at an event about online violence against female journalists organized by the International Center for Journalists, a Washington, D.C.-based nonprofit, according to those news reports. Ayyub has been subjected to intense online trolling and received numerous threats, as CPJ has documented.
The Ministry of Home Affairs, which oversees the country’s immigration authorities, and the Enforcement Directorate did not immediately respond to CPJ’s request for comment sent via email.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Administrative Harassment, Judicial Harassment, Restrictions on Movement, Travel Restriction
- Rights Concerned
- Freedom of movement, Freedom of expression Offline
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 3, 2022
- Country
- India
- Initial Date
- Mar 29, 2022
- Event Description
The Observatory has been informed about the ongoing arbitrary detention of prominent human rights defender Mr. Khurram Parvez, as well as the recent raid on his house. Mr. Parvez is the Coordinator of the Jammu and Kashmir Coalition of Civil Society (JKCCS) [1] and the Association of Parents of Disappeared Persons (APDP) [2], and Chairperson of the Asian Federation Against Involuntary Disappearances (AFAD) [3]. Mr. Parvez is also a distinguished scholar with the political conflict, gender, and people’s rights initiative at the Center for Race and Gender at University of California, Berkeley.
On March 27, 2022, officers from the National Investigation Agency (NIA), assisted by the local police, raided Mr. Parvez’s residence in the Sonwar Bagh area, in the city of Srinagar, Jammu and Kashmir, seizing unrevealed documents related to financial transactions. This raid was conducted in connection with an investigation launched in October 2020 into several NGOs and trusts in India and abroad pursuant to Articles 120B, 124A of the Indian Penal Code and Sections 17, 18, 22A, 22C, 38, 39, and 40 of the Unlawful Activities (Prevention) Act (UAPA). According to the First Information Report (FIR) in this case, “the NGOs, trust and societies and their members, by words and written means, publish anti-national and incriminating material to bring into hatred, contempt and disaffection towards the Government of India”.
The Observatory recalls that on October 28, 2020, officials from the NIA, assisted by local police and central reserve police forces officials, conducted nine simultaneous raids in Srinagar and another one in Bandipora, in Jammu and Kashmir, on the premises of several NGOs and the houses of JKCCS members, including Khurram Parvez’s.
On March 24, 2022, Mr. Parvez’s pre-trial detention period in another case was extended by 50 days by the NIA Special Court in New Delhi, with the approval of Judge Praveen Singh under Section 43d(2) (b) of the UAPA. This section allows for the extension of the detention period for up to 180 days should the investigation agency be unable to complete the investigation of a case within a period of 90 days.
The Observatory recalls that on November 22, 2021, after his house and the JKCCS office in the city of Srinagar were raided for approximately 14 hours and his electronic devices and several documents seized, Khurram Parvez was taken into questioning to the premises on the NIA in Srinagar, in relation to an alleged terror funding case. Khurram Parvez was taken to New Delhi on November 24, 2021, where he remained detained under NIA’s custody until December 4, 2021. On that day, he appeared before the NIA Special Court in New Delhi. Judge Parveen Singh ordered his pre-trial detention in the Tihar maximum security prison, where he remained detained at the time of publication of this Urgent Appeal.The Observatory expresses its utmost concern over the high risk of torture and ill-treatment he faces while in custody.
The Observatory strongly condemns the raids on Khurram Parvez’s house as well as his ongoing arbitrary detention on trumped-up charges.The Observatory reiterates its concern over the misuse of the UAPA by the Indian authorities to target human rights defenders and silence dissent and condemns all acts of harassment and persecution of human rights defenders in India.
Moreover, the Observatory recalls that the arbitrary detention of Khurram Parvez takes place in a context of an increased crackdown on civil society by the Indian government, notably by bringing politically motivated criminal cases against human rights defenders, student activists, journalists, and other critics of the government under sedition, terrorism, and other repressive legal provisions, with the aim to silence critical voices in the country
The Observatory urges the authorities of India to immediately and unconditionally release Khurram Parvez and drop all charges against him, as his detention is arbitrary and only aimed at punishing him for his peaceful and legitimate human rights activities.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment
- HRD
- Minority rights defender, NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 3, 2022
- Country
- India
- Initial Date
- Mar 24, 2022
- Event Description
Responding to former Jawaharlal Nehru University (JNU) leader and student activist Umar Khalid being denied bail yet again while facing charges under the draconian Unlawful Activities Prevention Act (UAPA) simply for peacefully voicing his dissent against the discriminatory Citizenship (Amendment) Act, Amnesty International India’s Chair of Board, Aakar Patel, said:
The repeated denial of bail to Umar Khalid is a huge blow to everyone exercising their rights to freedom of expression and peaceful assembly in the country. Umar’s continued detention for over 18 months comes against the backdrop of a rapidly shrinking space for critical voices and sets a chilling precedent for anyone whose views the authorities disagree with. Aakar Patel, Amnesty International India’s Chair of Board
“The repeated denial of bail to Umar Khalid is a huge blow to everyone exercising their rights to freedom of expression and peaceful assembly in the country. Umar’s continued detention for over 18 months comes against the backdrop of a rapidly shrinking space for critical voices and sets a chilling precedent for anyone whose views the authorities disagree with.”
“Khalid’s continued detention under UAPA runs absolutely counter to the international human rights law and standards. Amnesty International India calls on the Indian authorities to immediately and unconditionally release Khalid and all other human rights defenders arbitrarily detained solely for expressing their opposition and peacefully protesting against the CAA.” Background
On Thursday, a Delhi Court denied bail to student activist Umar Khalid in connection with a case alleging a larger conspiracy into the February 2020 Delhi riots.
Khalid was arrested on 13 September 2020. He was charged with allegedly damaging public property, committing unlawful activities, raising funds for terrorist acts, and conspiring to defame the Indian government.
In 2021, he was granted bail in other criminal cases but continued to be imprisoned due to charges under the Unlawful Prevention (Activities) Act (UAPA) – India’s draconian anti-terror law which is characterized by slow investigative processes and stringent bail provisions.
Indian government routinely uses UAPA to intimidate and harass those who are critical of the authorities. It is a tool that effectively criminalizes peaceful dissent by ensuring human rights defenders and other critical voices face many years behind bars.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Date added
- Apr 3, 2022
- Country
- India
- Initial Date
- Jan 5, 2022
- Event Description
About the Human Rights Defender: Mr. Ashish Sagar Dixit (40) is an environmental activist, RTI activist and freelance journalist from Banda District, Uttar Pradesh. He is a founder of the Press Trust of Bundelkhand news portal and was the Digital Editor of Voice of Bundelkhand.
Details of the incident: On January 05, 2022, two policemen came to Mr. Ashish Sagar Dixit’s home at Vijli Khera, Banda. They showed a list to Mr. Dixit on their mobile and said that his name is in the history sheeter’s list. They also said, “we cannot give you the paper or more information, you should take information from the SP or via an RTI”. On January 6, 2022, Mr. Dixit sent an RTI application and sought information regarding him being mentioned on the history-sheet. In response, on January 09, 2022, the Civil Line Police Station Kotwali, through the Forest Department office, replied stating, “The history sheeter against the applicant has been opened on 23 November 2021 under the procedure as per 95A rules. The register is a confidential record. The copy of which is not possible to be given. The following cases are registered against the applicant.
- Case number 637118 section 147/452/504/352/427 of IPC at Thana Kotwali, Banda
- Case Number 633/18 section 63 of IT act at Thana Kotwali, Banda
- Case Number 187/18 sections 147, 323, 504, 427, 353 and 336 of IPC at Thana Kotwali, Banda
- Case Number 78/21 section 504, 507 of IPC at Thana, Janpura, Banda
- Case Number 56/16 section 376 D, 452, 504, 506 of IPC and B (1) 12 of SC/ST act at Thana Naisi, Banda
- Case number 279/20 section 200 of IPC and section 66 Of IT act at Thana Hameerpur, District Hameerpur. According to the malpractice register rules against the applicant, The history-sheeter procedure has been done by the Superintendent of Police according to procedure of the history-sheeter rules to control/monitoring to these following activities-maintaining- the family with the money earned through brokerage in the work of the people, hiding from the police and taking money from the general public in the name of the police, is its main profession, and harassing the public, mistreating civilized persons and tarnishing the image of other people etc.” On January 09, 2022, another notice was sent to Mr. Dixit by the city magistrate, Banda based on the report of the inspector incharge of the Kotwali police station, Banda. According to this, he is a person of criminal nature. Thus, the sub-city magistrate of Banda ordered him to be present in the district court on February 08, 2022, and tell the court why he should not submit 50000 rupees as a surety bond or two ‘bail bonds’ of same amount. On February 08, 2022, another notice was given to him by the office of the district magistrate of Banda, regarding his Facebook post. On February 07, 2022, Mr. Dixit had written a Facebook post saying that the current district magistrate of Banda had lodged an FIR on journalist Pawan Jaiswal earlier, for a news report on mid-day meals of salt with roti to school children. Now he is being targeted, named as a history-sheeter and given notices under goonda acts. On February 12, 2022, Mr. Dixit replied to district magistrate’s notice about his Facebook post stating that he was being harassed extensively with fabricated charges and apologised if his post hurt district magistrate’s image which was not his intention. On February 15, 2022, he wrote a letter to Superintendent of Police, Banda, saying that his name in the history-sheet should be removed because the cases against him were fabricated and politically motivated in nature because of his work as a journalist. He received no reply to his letter.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Offline
- HRD
- RTI activist
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Mar 29, 2022
- Country
- India
- Initial Date
- Mar 14, 2022
- Event Description
The Public Safety Act (PSA) dossier against incarcerated Kashmiri editor Fahad Shah accuses him, among other things, of “having radical ideology right from your childhood”, and not reporting on stories “related to good governance, or positive intervention by” the Indian government.
The document, which is undersigned by District Magistrate Srinagar, and forms the basis of Shah’s further internment under the controversial preventive detention law, offers a crucial insight into the Jammu & Kashmir government’s ways of looking at journalists in Kashmir at a time when critics accuse the administration of trying to throttle independent media.
“There have been many occasions when you have promoted separatism through your articles, tweets and social media posts, thus clearly trying to advance your own radical ideology,” the dossier reads. “You have been found guilty of misguiding common masses by circulating fake news against the government and its policies. A journalist is one who lifts the curtains of darkness, but you are always trying to bring the people in dark by misrepresenting facts.” A Series of Arrests
Shah was arrested on 5 February following a story regarding a gun battle in Naira village in Pulwama, in which four militants were killed. The family of one of the militants, Inayat Mir, had claimed that he was innocent.
This claim was reproduced in the story published in The Kashmir Walla, the publication that Shah heads. He was slapped with the Unlawful Activities (Prevention) Act (UAPA) and also charged with sedition (Section 124A of the IPC), and incitement to offence (Section 505 of the IPC).
When police remand of Shah was prolonged, Shah’s lawyers moved to a special court designated under the National Investigation Agency (NIA) Act.
When the court issued an interim bail on 26 February, he was released from the Pulwama police station but placed in the custody of Shopian district police under a different FIR 06/2021 pertaining to a story in which the army was accused of forcing students of a religious seminary in Shopian to celebrate a Republic Day function. The Army has denied allegations of coercion.
Earlier this month, Shah was again granted bail by Shopian magistrate Sayeem Qayoom on the grounds that “in a barbaric society you can hardly ask for bail, in a civilised society you can hardly refuse it. In other words, ‘bail is a rule and its refusal is an exception’.”
However, just moments after getting the bail, he was arrested the third time under FIR 70/2020 regarding the publication’s reporting on a gunfight in the Nawa Kadal area of Srinagar. 'Anti-India Modus Operandi', 'Scheming Person'
On 14 March, Shah was lodged at police station Safa Kadal when the police from Soura, a different police jurisdiction in the city, came to take his custody. This was his fourth arrest in the past 40 days.
“Sensing that the Hon’ble Special Court may grant bail as the allegations levelled against the accused do not prima facie connect him with the commission on any offence, the authorities have taken recourse to J&K Public Safety Act,” said Shah’s lawyer, Umair Ronga, on Twitter.
Shah is presently lodged at the district jail in Kupwara in north Kashmir.
Shah’s PSA document, which is with this reporter, also blames him for imperilling the security of the nation as his “stories mostly highlight the allegations of Kashmir conflict and Indian State highhandedness”.
This kind of journalism, the document suggests, exposes Shah to charges of disseminating “a particular narrative which is in line with ISI/separatist propaganda”, it reads. “Over the last two years, you have followed a very selective/particular pattern of disseminating anti-India sentiment in a very subtle manner mostly though some of the stories are brazenly provocative as well.”
Shah has been accused of operating along a certain “modus operandi” that stipulates publishing “one to two stories per month which are based entirely on the victimhood narrative that portrays anti-India sentiment, glorifies stone pelters, terrorists, and justifies separatism and violence”.
The document states that Shah has been deemed as a “hard-headed and scheming person … who is ... creating fears among the majority population based on radical and unethical journalism”. 'Instigating Bent of Mind'
The invocation of the PSA became “imperative”, the document states, as Shah failed to make amends after the administration tried resorting to substantive laws to prevent him from committing “illegal and anti-national activities”.
Most interestingly, the document accuses Shah of possessing an “instigating bent of mind”. And because Shah is “well-qualified”, it reads, he can “brainwash people easily”. Other incriminating details include having a “good number of followers on social media”.
The issue of diminishing press freedom in Jammu & Kashmir is an enduring one, with rights groups accusing the Narendra Modi-led Central government of arm-twisting regional reporters into self-censorship.
A delegation of the Press Council of India visited the state last year in October following a request by former Chief Minister Mehbooba Mufti, who had solicited a fact-finding mission to probe the allegations of harassment and persecution of media personnel.
The fact-finding report, which came out recently, makes a number of observations, including the fact that Jammu & Kashmir’s Lt Governor perceived a large number of Kashmir journalists as having an ‘anti-national’ persuasion. “He conceded that when he was first appointed, he used to encourage open press conferences, but now had gone back to a ‘selective engagement’ with preferred journalists,” the report observed.
In its recommendations, the report suggests that “the security establishment cannot label writing against government policies, or quoting a family or civilian sources in a story about excesses of the armed forces, or tweeting a point of view as ‘fake news’ or ‘anti-national activity’ and then arresting the journalist for sedition”.
It suggests that it was not the business of journalists to support government policies or development work. “A journalist’s job is to report the news as it happens, even if it is unpalatable to government officials,” the report reads. “The tendency to see all critical reporting and opinions as ‘anti-national’ must stop. A conflict zone has many players and many aspects of events that unfold. A journalist cannot and should not ignore the government version; at the same time, he is not the spokesperson of the government.” PSA Remains a Kashmir-Specific Law
Critics and rights advocates say that Fahad Shah’s PSA dossier reveals the prevalence of institutional malice against journalists in Kashmir. “The Supreme court has referred to administrative detention laws, which are laws under which people are kept in jail without a crime, and the court has called it a lawless law,” said Aakar Patel, former chair of Amnesty International India and author. “It gives the state the authority to jail the people it does not like without the commission of a crime.”
Patel said, “On the one hand, the Modi government says it abrogated Article 370 to make laws uniform across India, yet they haven't repealed the PSA, which is a Kashmir-specific law. The PSA doesn’t exist in any other part of the country. The victimisation of Kashmiri journalists, especially Fahad, should stop immediately.”
Geeta Seshu of the Free Speech Collective said that the arrest of journalists in Kashmir is having a “chilling effect” on news production from the region. “Very severe laws like the Public Safety Act require some kind of substantial evidence, especially when you are denying civil liberties to an individual. I am unsure what to make of something like ‘he was a radical from childhood’. What does it even mean?” she asks. “In Kashmir, so many young people are exposed to very stark realities of the conflict on a daily basis. Instead of using a draconian law like the PSA, we need to ask what other avenues the government explored to address what they call the problem of ‘incitement and fake news’.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 29, 2022
- Country
- India
- Initial Date
- Mar 4, 2022
- Event Description
An FIR was registered against journalist and author Rana Ayyub in Dharwad district of Karnataka for allegedly referring to anti-hijab protesters in Karnataka as 'Hindu terrorists' during a television interview. The FIR was registered under section 295 A (acts intended to outrage religious feelings) of the Indian Penal Code after a complaint by Ashwath, a volunteer of the Hindu IT Cell, an organisation that claims to protect Hindus by legal means.
In his complaint, Ashwath claimed that Rana Ayyub called anti-hijab protesters in Karnataka 'terrorists' in an interview with the BBC. The complaint quoted Rana Ayyub as saying, "These girls have been wearing the hijab for a long time, so why suddenly has this group of young students, young terrorists for that matter, who are hoisting a saffron flag in an educational complex in Karnataka, why are male students holding a saffron flag in an educational institution, what does that mean?"
Though the complaint was sent to the police station on February 21, an FIR was registered only on Friday, March 4 at the Vidyagiri Police Station in Dharwad. The Hindu IT Cell had claimed that at least five similar complaints were filed against Rana Ayyub over her comments in the video. The video interview mentioned in the complaint is from a YouTube account called 'rana ayyub' and it was uploaded on February 10. In the video, Rana Ayyub is discussing the recent controversy over disallowing the hijab in educational institutes in Karnataka.
Responding to the FIR, Rana Ayyub took to Twitter to say, "Another case has been registered against me, in Karnataka, by the same Hindu right wing group, for ‘hurting Hindu sentiments’ in my interview on the Hijab ban and the intimidation of Muslim women. To the government and its cronies, THIS WONT STOP ME FROM SPEAKING THE TRUTH."
Last year, a co-founder of the Hindu IT Cell had filed a police complaint in Uttar Pradesh against Rana Ayyub accusing her of "illegally acquiring money from the general public in the name of charity". The complainant mentioned three relief campaigns on Ketto that were crowdfunded by Rana Ayyub.
An FIR was registered in the case, and the Enforcement Directorate last month locked assets worth over Rs 1.77 crore belonging to Ayyub.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Online
- HRD
- Media Worker, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Mar 20, 2022
- Country
- India
- Initial Date
- Feb 19, 2022
- Event Description
About the Human Rights Defenders:
Ms. Sarita, an advocate associated with Human Rights Law Network, is a well-known human rights defender in Odisha. Mr. Pradipta Satpathy, Ms. Kali Swain, Mr. Manas Kar and others active members of JSW Pratirodh Samiti, which is spearheading the movement against JSW Utkal’s proposed steel complex in Odisha’s Jagatsinghpur district. They have participated in numerous peaceful, democratic protests demanding scrapping of the project, and have also filed appeals regarding police repression and eviction in the project area in Odisha High Court.
Background of the incident: JSW Utkal plans to construct a 13.2 million tonne per annum steel plant with captive jetty, thermal power station and cement grinding unit in Jagatsinghpur district of Odisha. But villagers residing in the area fear the project could cause loss of livelihoods and environmental degradation, and have been participating in a peaceful movement demanding its discontinuation. In November-December 2021, peaceful protests by villagers intensified , after the state government approved the creation of two new revenue villages in the project area, which locals feared was a ploy to fracture their movement. In subsequent weeks, police registered over 27 fabricated cases against villagers, arrested them without due procedure, and lathi-charged unarmed protestors without any provocation on several occasions, leaving many seriously injured. Three PILs were filed in the Orissa High Court regarding these police excesses and reprisals, and sought direction to the authorities to withdraw all fabricated cases against villagers, as well as the police force stationed in Dhinkia panchayat. HRDA has also filed multiple appeals before the NHRC regarding these violations. On February 16, 2022, the three PILs were taken up for hearing by a division bench of the Orissa High Court, which ordered counsels Mr. Prasanta Kumar Jena, Mr. Omkar Devdas, Mr. Sukanta Kumar Dalai and Additional Government Advocates, Mr. Debakanta Mohanty and Mr. J. Katikia to visit Dhinkia on February 19, 2022, and file a joint report.
Details of the Incident: On February 19, 2022, the High Court-appointed committee reached Dhinkia village to hold an enquiry on people’s opinion on the project around noon. Prior to their arrival, police organised a flag march in the village and threatened residents including petitioners Ms. Kuni Mallick and Ms. Santi Das not to say anything against JSW or the police and administration.
Meanwhile, goons backed by JSW captured entry points to the meeting venue and attacked those who gave statements against the company. Videos of the incident showed villagers being dragged, beaten, slapped and violently assaulted by the rival group in the presence of the high-court appointed committee. The district administration and police failed to ensure security of the villagers. As many as five villagers, including two women and one child, were seriously injured in the attack by JSW goons. These attacks took place in the presence of senior police officials from the Abhaychandpur police station – namely IIC Mr. Jibananda Jena and SI Mr. Ashutosh Hota. Senior police and administrative officials of the district, including Additional SP Mr. Nimain Sethy and Erasama Tehsildar Mr. C Pragyananda Das, who reached the spot after the incident, also took no action against the assailants. The police registered three FIRs against villagers opposed to the project who were present to meet the court-appointed committee, claiming they assaulted fellow villagers and police personnel, and abused them using casteist slurs. The complainant in FIR no 77/ 2022 was Mr. Jibananda Jena, IIC, Abhaychandpur PS. He claimed that on February 19 at 12.30 PM, when the court-appointed committee was visiting Dhinkia, Mr. Manas Kar, Ms. Kali Swain, Ms Sarita Bardhan (a misrepresentation of Ms. Sarita from HRLN), and six other named accused along with 10-15 unnamed others created disturbance, assaulted other villages and abused them in casteist terms. The accused were charged under Section 160 (committing affray) of the Indian Penal Code and Sub Inspector Mr. Ashutosh Hota was assigned as Investigating Officer in the case. The complainant in FIR no 78/ 2022 was Dhinkia resident Mr. Jogendra Malika. He claimed that Mr. Manas Kar, Mr. Pradipta Satpathy, Ms. Kali Swain, Ms Sarita Bardhan, and six other named accused along with 50 unnamed others assaulted him and other villages and abused them in casteist terms. The accused were charged under Sections 341, 323, 294, 307, 34 of the Indian Penal Code, and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ ST Prevention of Atrocities Act. Deputy Superintendent of Police Mr. Rashmi Ranjan Sahoo was assigned as Investigating Officer in the case. The complainant in FIR no 79/ 2022 was Dhinkia resident Mr. Akshaya Behera. He claimed that when he and some others were on their way to meet the court-appointed committee, Mr. Pradipta Satpathy, Ms. Kali Swain, Ms Sarita Bardhan, and five other named accused obstructed and abused them, assaulted them with stones and threatened to kill them. The accused were charged under Sections 341, 323, 294, 324, 307, 34 of the Indian Penal Code and Assistant Sub Inspector Mr. JN Patra was assigned as Investigating Officer in the case.
- Impact of Event
- 5
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Corporation Extractive industries
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Mar 11, 2022
- Country
- India
- Initial Date
- Feb 7, 2022
- Event Description
About the Human Rights Defenders: Mr. Malay Tiwari, Ms. Chandrasmita Chaudhury, Mr. Rudra Prabhakar Das, Mr. Soumendu Mitra, Ms. Soumi Jana, Ms. Barsha Boral and others are activists associated All India Students’ Association (AISA) and other wings of CPIML (Liberation). They have participated in several protests and movements against enforced land acquisition, environmental degradation, police repression and human rights abuse.
Background of the incident: On February 01-02, 2022, social activist Mr. Saradindu Biswas put up two posts on Facebook calling for banning of all kinds of religious rituals in government-funded educational institutions, including during Saraswati Puja. The posts quoted passages from Hindu mythological texts. On February 04, 2022, Mr. Biswas received a call from the cyber cell police to remove the posts and he deleted one. However on February 04, the police registered an FIR (no. 141/ 2022) against him under Sections 504, 505 of the Indian Penal Code. He was illegally detained and questioned at the Narendrapur Police Station for several hours the same day. A number of civil society groups and parties such as AISA, CPIML (Liberation), and Association for Protection of Democratic Rights called for a rally condemning the police repression on Mr. Saradindu Biswas. The rally was scheduled to begin at around 5.30 PM from Kamalgazi junction located on the outskirts of Kolkata and end at Narendrapur Police Station. Activists had intimated police in advance over email that they wanted to submit a deputation to the police at the end of the rally.
Details of the Incident: On February 7, at around 5.00 PM, when activists from AISA and other groups began assembling at the starting point of the rally, policemen in plain clothes told them the rally was not allowed. But activists said they had intimated the police about the same and continued gathering at the spot. At around 5.30 PM, 20-22 activists including women HRDs who had assembled there began the rally. Police personnel in plain clothes present at the spot launched an assault immediately. They threatened to lodge cases of rioting against activists, baton- charged them and forcibly pushed, shoved and dragged six protesters from the spot to the Narendrapur police station located around 200 metres away. Mr. Rudra Prabhakar Das, Mr. Akash Gupta, Ms. Chandrasmita Chaudhury and three other HRDs were detained at the police station for over five hours before being released on personal bond. Meanwhile, a large number of activists including Mr. Malay Tiwari as well as past and present students of Jadavpur University gathered in front of Narendrapur Police Station to protest against the police excess on the rally and the detention of six activists. At around 10.30 PM, they greeted the six HRDs released from police custody on personal bond with slogans and cheers. At this, police officials started another assault of them, punching, slapping and baton-charged activists, and physically assaulting WHRDs. When police personnel spotted Mr. Malay Tiwari recording the assault on his mobile phone, they snatched his phone and pushed him to the ground face down in the middle of road. When Ms. Chandrasmita Chaudhury tried to defend Mr. Tiwari, police assaulted and abused her. In all, police detained 11 HRDs from the spot this time, including Mr. Malay Tiwari, Ms. Chandrasmita Chaudhury, Mr. Rudra Prabhakar Das, Ms. Soumi Jana, Ms. Barsha Boral and Mr. Soumendu Mitra. Police confiscated their mobile phones and other belongings and detained them in two separate rooms inside the police station for about half an hour. During this time, male and female police personnel present at the police station including Officer in Charge Mr. Prabir Sasmal abused the HRDs and threatened to shoot them or register false cases under serious charges. They repeatedly kicked and slapped HRDs; pinned them to the ground; hit them with batons on their backs, chest, abdomen and legs; shoved batons in their mouths to gag them when they tried to speak; and rubbed the underside of their shoes on HRDs’ cheeks. Police, including female personnel, were particularly brutal with women HRDs. They resorted to misogynist abuses, kicked and hit the WHRDs on their chest and abdomen with lathis, asking why they had been hugging their male colleagues and if they were drug addicts. One policeman dragged WHRD Ms. Soumi Jana’s legs and ordered the other to hit her between her legs. At around 11 PM, the injured HRDs were shifted to lock-ups inside the police station premises. They complained of severe pain, swelling and blood clots on their backs, legs and faces and repeatedly requested police to take them for medical examination, but their pleas were turned down. Police also turned down pleas for medical treatment from Ms. Soumi Jana who was suffering from urinary tract infection and was in considerable pain. At around 2 AM, police told Mr. Malay Tiwari and Mr. Chandrasmita Chaudhury that they were being released, and took them for medical examination to Baruipur Hospital. But the HRDs were not medically examined – they remained seated in the police vehicle with 4-5 policemen, while their colleagues asked staff on duty to provide them two fitness certificates, which had been filled out in advance. Mr. Tiwari and Ms. Chaudhury were brought back to Narendrapur Police Station and released at around 2.30 AM on February 8 on personal bond. The other nine HRDs were held in the lockup till the morning of February 8, 2022. Barring Ms. Soumi Jana, none were taken for medical examination. The Police registered a case (FIR no 147/22) against the 9 HRDs, at the Narendrapur police station, claiming they were involved in assaulting police personnel and damaging a police vehicle outside the Narendrapur Police Station premises. They were charged under Sections 186, 353,332, 333, 506, 509, 34 of the Indian Penal Code. At around noon on February 8, they were produced in the Baruipur ACJM Court bound by a rope. Seven male HRDs were remanded in Baruipur Jail and two WHRDs were remanded in Presidency Jail. They were subsequently released following acceptance of their bail applications but are severely traumatised, carrying injuries, and fearful for their safety.
- Impact of Event
- 12
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Gender Based Harassment, Intimidation and Threats, Judicial Harassment, Vilification, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to protect reputation
- HRD
- Student, WHRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Mar 11, 2022
- Country
- India
- Initial Date
- Feb 22, 2022
- Event Description
About the Human Rights Defender Mr. Chetan Kumar also known as Chetan Ahimsa, is a Kannada human rights defender and film actor. An American citizen and a Fulbright scholar, Chetan Kumar is a Dalit rights activist and has supported progressive youth and student organizations, women's collectives, farmers' groups, trade unions, and Dalit and Adivasi movements for equality and justice. His social work/activism includes participating in India against Corruption, Anti-Superstition, LGBTQIA, Lake Rejuvenation, "I am Gauri" campaign”. He is the founder of the Chetan foundation.
Details of the Incident: On February 16, 2022, Mr. Chetan Kumar re-tweeted his old tweet about justice Krishna Dixit who had granted pre-arrest bail in an alleged rape case. On June 27, 2020, he had tweeted, “This week KA (Karnataka) High Court Justice Krishna Dixit granted (granted) pre-arrest bail to rape-accused Rakesh B claiming ‘it is unbecoming of Indian woman to sleep after rape; that is not way women react when they are ravished.’ What’s ‘unbecoming’ is 21st c (century) misogyny of this judiciary Dixit fossil. It is noteworthy that the comments of Justice Dixit were later deleted from the order after they resulted in outrage and were described as regressive. Re-tweeting the same, on February 16, 2022, he tweeted, “This is a tweet I wrote nearly two years ago regarding a Karnataka High Court decision. Justice Krishna Dixit made such disturbing comments in a rape case. Now this same judge is determining whether #hijabs are acceptable or not in govt schools. Does he have the clarity required?” On February 19, 2022, Mr. Chetan Kumar participated and tweeted in support of a massive citizen rally demanding action against a Karnataka district judge who had allegedly ordered the removal of B.R. Ambedkar’s portrait. On February 22, 2022 the Sheshadripuram police station registered a Suo motu FIR (No. 0040/2020) against Mr. Chetan Kumar under sections 505(2) (statements creating or promoting enmity, hatred or ill-will between classes) and 504 (intentional insult with intent to provoke breach of the peace).
On February 22, Mr. Chetan Kumar went missing from his house. In the evening the police issued a statement, announcing that Kumar had been arrested for his tweet under “Intent to incite a class or community to commit offence against another class or community” and for “intentionally insulting, thereby giving provocation to any person to break public peace” of the Indian Penal Code. Mr Kumar's wife Megha held a live chat on Facebook and alleged that the actor "had gone missing from the house", "No one informed us [about his arrest], his phone is switched off, so is our gunman's [bodyguard]," She also alleged that when she went to the Sheshadripuram police station to get information they did not give her any information for four hours.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Abduction/Kidnapping, Administrative Harassment, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Online, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Artist, Minority rights defender
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Mar 11, 2022
- Country
- India
- Initial Date
- Feb 7, 2022
- Event Description
About the Human Rights Defender: Mr. Ajay Prakash (39) is a journalist and the founder of news portal, Janjwar.com. He was associated with Dainik Bhaskar as a News Editor till 2018. Mr. Ankit Goyal is the camera person of Mr. Ajay Prakash and Mr. Vinod Kumar was the cab driver of Mr. Ajay Prakash. Details of the incident: On February 07, 2022, Mr. Ajay Prakash with a camera person were going for election coverage in Uttarakhand by a taxi. Around 12:30 pm Mr. Ajay Prakash’s taxi was stopped by Mr. Vipin Kumar, Asst. Regional Transport Officer (ARTO), Udham Singh Nagar at Kichcha area, Udham Singh Nagar. After stopping the taxi, the ARTO told the journalists that their car was being requisitioned for election duty, and that they had to find some other transport. Mr. Ajay Prakash protested that they are going to cover the election, but ARTO didn’t listen to him. Mr. Ajay Prakash then started asking questions to ARTO and streaming them live. At that Mr. Vipin Kumar, made a phone call to the police department and called the police. Video link: https://fb.watch/br3UYtUnqu/ A magistrate and a lady police officer with other policemen arrived in response to Mr. Vipin Kumar’s call and the mobile phones of all three were forcibly snatched by the policemen. Then they were forcibly put in the jeep and taken to the police station, Pulbhatta Thana. On the way they were also verbally abused by the police.
Around 01:00 pm they reached the Udham Sigh Nagar police station and were locked in the lockup till 10 pm. There too they were verbally abused. Mr. Vipin Kumar, the ARTO also sat in the station officer's office in the police station till 06:00pm. After he left, their mobiles were given back to them. Around 10:00 pm policemen gave them a notice under section 41 of the criminal code procedure which said that an FIR had been lodged against them and they will be asked to come for investigation or face arrest. On February 07, 2022, at 03:21 pm an FIR 0024 was registered by Mr. Vipin Kumar Singh, Assistant Regional Transport Officer, Udham Singh Nagar against Mr. Ajay Prakash, Mr. Vinod Kumar Gangwar and Mr. Ankit Goyal at Pulbhatta Thana, Udham Singh Nagar. The FIR was registered under sections of IPC 186 Obstructing public servants in discharge of public functions, 188 Disobedience to order duly promulgated by public servant, 269 Negligent act likely to spread infection of disease dangerous to life, 270 Malignant act likely to spread infection of disease dangerous to life, 353 Assault or criminal force to deter public servant from discharge of his duty and Section 56 of the Disaster Management Act, 2005 Failure of officer in duty or his connivance at the contravention of the provisions of this Act.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Mar 11, 2022
- Country
- India
- Initial Date
- Feb 27, 2022
- Event Description
Hours after being granted bail by a National Investigation Agency (NIA) court on Saturday, journalist Fahad Shah was arrested again in another case and shifted to a different police station in south Kashmir’s Sophian district, his lawyer Omair Ronga said.
As the family and friends of Shah were waiting outside Pulwama police station for his release on Saturday, police informed them that he has been arrested in another case registered at Imamsahib police station in Shopian, the lawyer added.
“Pulwama police handed him over to a police party from Shopian. Though we were not served any notice recently in this case, they (police) have simply changed the custody,” said Ronga.
Shah, 33, was arrested on February 4 for allegedly glorifying terrorism, spreading fake news and inciting people of Jammu and Kashmir. Police have claimed that three separate first information reports (FIRs) were registered against Shah, who runs a news portal and magazine — Kashmiri Walla — in the last four years.
“Fahad Shah is wanted in 3 cases for glorifying terrorism, spreading fake news & inciting general public for creating L&O situations: FIR No. 70/2020 of PS Safakadal Srinagar, FIR No. 06/2021 of PS Imamsahib, Shopian & currently has been arrested in FIR No. 19/2022 of PS Pulwama,” Inspector General of Police, Kashmir Range, Vijay Kumar had said soon after Shah’s arrest.
Earlier on Saturday, the NIA court granted interim bail to Shah till March 12. “The police have been informed of the court decision through a docket and we are waiting for his release,” Ronga told HT.
Shah’s arrest triggered widespread condemnation and demands of his release by national and international media and human rights activists and organisations.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 6, 2022
- Country
- India
- Initial Date
- Feb 23, 2022
- Event Description
Authorities in Uttarakhand and Indian-administered Jammu and Kashmir must release journalists Kishor Ram and Fahad Shah immediately and cease arresting members of the press, the Committee to Protect Journalists said Tuesday.
On February 23, police in the northern state of Uttarakhand’s Pithoragarh district arrested Ram, a reporter with the privately owned news website Janjwar, according to news reports and Ram’s editor Ajay Prakash, who spoke to CPJ in a phone interview.
Separately, on Sunday, February 27, police in Jammu and Kashmir arrested Shah, editor of the privately owned news portal The Kashmir Walla, hours after he was granted interim bail in another case, according to news reports.
Both journalists remained in detention as of Tuesday evening, according to those sources.
“The arrest of Kishor Ram and re-arrest of Fahad Shah show India’s escalating intolerance toward journalists who are simply doing their jobs,” said CPJ Program Director Carlos Martínez de la Serna, in New York. “Authorities must immediately release Shah and Ram, drop any investigations into their journalistic work, and create a safe and free atmosphere for journalists to report the news.”
A police first information report, which CPJ reviewed, accused Ram of promoting enmity between castes in two articles: one featuring interviews with relatives of a murdered man in the Dalit community, the lowest strata of the caste system, and another that included an interview with the father of a Dalit girl who was allegedly raped.
Ram himself belongs to the Dalit community, and covers news and human rights issues affecting the community, according to Prakash and those news reports.
If charged and convicted of promoting enmity under the Indian penal code, Ram could face up to three years in prison and an unspecified fine.
CPJ emailed Uttarakhand Police Director-General Ashok Kumar for comment, but dd not receive any reply.
In Shah’s case, police previously arrested him on February 4 for allegedly publishing “anti-national” content, and began investigating him for sedition and making statements causing public mischief under the Indian penal code and the anti-terror Unlawful Activities (Prevention) Act, as CPJ documented at the time.
Shah was granted bail in that case on Sunday, but was then re-arrested in relation to The Kashmir Walla’s reporting on alleged official pressure on a Kashmir school, according to a report by his outlet.
Police accuse Shah of violating two sections of the Indian penal code in that reporting: provocation with intent to cause a riot, and publishing statements conducive to public mischief, according to The Kashmir Walla. Each of those offenses can carry a prison sentence between six months and three years and an unspecified fine, according to the law.
Similarly, police released The Kashmir Walla trainee reporter Sajad Gul on bail on January 15, but re-arrested him the following day in a separate case, according to news reports.
CPJ texted Jammu and Kashmir Police Director-General Dilbag Singh for comment, but did not receive any reply.
On February 14, CPJ joined 57 publications, press freedom groups, and human rights organizations in a letter to Jammu and Kashmir Lieutenant Governor Manoj Sinha demanding Shah’s release, along with Gul and journalists Aasif Sultan and Manan Gulzar Dar.
In an unrelated incident on February 7, Uttarakhand police commandeered a taxi Prakash had rented while covering local elections and, after he identified himself as a journalist and protested the seizure, police detained him for about nine hours, according to Prakash and news reports.
Police opened an investigation into Prakash for allegedly obstructing public servants from doing their jobs, according to the journalist and police documents reviewed by CPJ. If charged and convicted, he could face up to three months in prison or a fine of up to 500 rupees (US $7), according to the penal code.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Media Worker, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 6, 2022
- Country
- India
- Initial Date
- Jan 24, 2022
- Event Description
A Delhi court Monday framed charges against JNU student Sharjeel Imam for allegedly making inflammatory speeches at Aligarh Muslim University and in Delhi’s Jamia area against the Citizenship Amendment Act (CAA), based on an FIR filed on January 25, 2020.
Additional Sessions Judge Amitabh Rawat framed the charges under IPC sections 124A (sedition), 153A (promoting enmity between different groups on grounds of religion, etc), 153B (imputations, assertions prejudicial to national integration), 505 (statements conducing to public mischief) along with Section 13 (punishment for unlawful activities) of the UAPA.
The court also rejected Imam’s bail in this case, which was argued by his lawyer, Tanvir Ahmed Mir. The prosecution, during arguments, told the court that his speeches give a clear indication that Muslims have no hope and his alleged call to burn detention camps was not peaceful. Imam’s lawyers had submitted that without criticism, a society dies and becomes a heap of sheep.Mir argued that there was nothing in the impugned speech made by Imam that “directly or indirectly calls for violence”.
The 2020 FIR, filed at the Crime Branch police station, was in connection with speeches made in Delhi’s Jamia area on December 13, 2019. The Delhi Police Crime Branch has accused him of giving “inflammatory and instigatory speeches against the Government of India on the issue of CAA and NRC”.
“He, through his speeches, repeatedly incited the public to commit acts which would jeopardise public tranquillity, attempts to cause disaffection towards lawfully elected government of the country in the garb of democratically opposing the CAA. His oration and acts are seditious in nature,” states the chargesheet.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- India: student leader arrested in connection to riots occurred while he was under custody
- Date added
- Feb 22, 2022
- Country
- India
- Initial Date
- Feb 11, 2022
- Event Description
Relentless misogynistic and sectarian attacks online against journalist Rana Ayyub must be promptly and thoroughly investigated by the Indian authorities and the judicial harassment against her brought to an end at once, UN human rights experts* said today.
Independent investigative journalist and woman human rights defender Rana Ayyub continues to be the victim of intensifying attacks and threats online by far-right Hindu nationalist groups, the experts said. They pointed to the attacks as being a result of her reporting on issues affecting minority Muslims in the country, her criticism of the Government for its handling of the pandemic and her comments on the recent ban on hijabs in schools and colleges in Karnataka.
“In response to Ms. Ayyub’s efforts to shine a light on public interest issues and hold power to account through her reporting, she has been maliciously targeted with anonymous death and rape threats by organised groups online,” said the experts.
“The lack of condemnation and proper investigation by the Government, coupled with the legal harassment it has itself inflicted on Ms. Ayyub, has only served to falsely legitimise the attacks and attackers and further endangered her safety.”
Ms. Ayyub has been subjected to legal harassment by the Indian authorities in relation to her reporting for a number of years, the experts said. On 11 February, for the second time in six months, Ms. Ayyub’s bank account and other assets were frozen in response to seemingly baseless allegations of money laundering and tax fraud, related to her crowd-funding campaigns to provide assistance to those affected by the pandemic. As with many of the spurious and defamatory accusations made against Ms. Ayyub in retaliation for her reporting, the experts said, the false allegations can be traced back to a far-right social media group.
UN human rights experts have previously written to the Government on a number of occasions to express their concern in relation to the threats against and legal harassment of Ms. Rana Ayyub.
“The Government is not only failing in its obligation to protect Ms. Ayyub as a journalist, but through its own investigations of Ms. Ayyub, it is also contributing to and exacerbating her perilous situation. It is imperative that the authorities take urgent measures to protect her from the onslaught of threats and hate online and end the investigation against her.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to property
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- India: Continuous online vilification of journalist Rana Ayyub, India: journalist victim of online hate campaign after sharing a Tweet, India: media worker receive online rape and death threats for reporting and commenting police killing of civilian in Kashmir, India: prominent media worker and WHRD targeted again, India: three media workers, media outlet face criminal investigation
- Date added
- Feb 22, 2022
- Country
- India
- Initial Date
- Feb 4, 2022
- Event Description
Kashmir-based journalist Fahad Shah, editor of the news portal The Kashmir Wala, was arrested Friday night for allegedly “glorifying terrorist activities and “inciting the public”.
The case, filed in Pulwama, also accuses him of “provoking the public to disturb law and order” through his posts on his website and social media. According to the FIR, the case pertains to alleged social media posts made by Shah.
Kashmir Police said Saturday that he was named in two similar cases in the past.
One case was registered in 2020 in Srinagar, and another in Shopian in 2021, they added.
The arrest has been criticised as an attack on press freedom by Kashmiri personalities as well as journalists from other parts of India.
The Pulwama FIR invokes sections 505 (referring to statements conducing to public mischief, intent to inciting a community against another, among other things) and 124 (A) or sedition of the IPC, besides Section 13 of the Unlawful Activities (Prevention) Act.
“It was reliably learnt by Pulwama Police that some Facebook users and portals have been uploading anti-national content including photographs, videos and posts with criminal intention to create fear among public and the content so uploaded can provoke the public to disturb law & order,” says the FIR, a copy of which is with ThePrint.
“It was also learnt that these Facebook users are uploading such posts which tantamount to glorifying the terrorist activities and causing dent to the image of law enforcing agencies besides causing ill-will & disaffection against the country.”
During the course of the investigation, police said, Fahad Shah was identified as an accused and arrested.
Kashmir Inspector General of Police Vijay Kumar said the facts of the case are being looked into. “The journalist has been arrested in the case lodged in Pulwama… The investigation is on. Action will follow in other FIRs also,” he added. “We appeal to journalists to not spread fake news and verify all details from the police before circulating.” ‘Bid to silence media’
Kashmiri writer Mirza Waheed expressed shock at Shah’s arrest, and alleged “a brazen campaign to silence the media in Kashmir”.
He added that Shah’s “arrest is part of the sustained campaign that started well before the erasure of 370”.
“Delhi has known for some time that the press in Kashmir has evolved into a powerful force for good. India doesn’t like Kashmiris speaking to the world in their words,” he said.
Senior journalist Naresh Farnandes called for Shah to be released immediately.
Meanwhile, in a separate development, the executive magistrate of Shopian district has directed journalist Gowhar Nazir Geelani to appear in court on 7 February for “acting in a manner prejudicial to public interest that have a tendency to disturb public peace (sic)”,
The notice to initiate preventive action was sent by the magistrate under Section 107 of the CrPC. The notice is issued in cases where an executive magistrate receives information about any person who is “likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act”.
According to the notice, a copy of which is with ThePrint, on 1 February, terrorists shot at a policeman in Amshipora, following which Geelani disseminated information on social media that would have “endangered the life of injured individuals and other persons”.
“After the incident, you have acted in a manner prejudicial to public interest that have tendency to disturb public peace, tranquillity and security, and I have strong apprehensions that you will continue with such activities that will have an impact upon maintainable (sic) of peace and public tranquillity in my jurisdiction,” the notice says.
In 2020, Geelani was booked under the UAPA in connection with his social media posts.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 16, 2022
- Country
- India
- Initial Date
- Jan 14, 2022
- Event Description
On 14 January 2022, human rights defender Narendra Mohanty, was arrested by Odisha police officers at Dhinkia, in the state of Odisha. His arrest was due to his support for the peaceful protest by the local community against the forcible destruction of their betel vine plantations. Police reportedly violently repressed the protest, injuring many including women and children, and baton charged those present. Narendra Mohanty and two community leaders were arrested, alongside with over 500 villagers from the protest site. They are currently held at the Samagola sub-jail under First Information Report (FIR) 0021 after being denied bail. Narendra Mohanty is the Coordinator of Indian Social Action Forum (INSAF) for the State of Odisha, a national forum of over 700 NGOs working to protect the livelihood of marginalized communities and to ensure an ecologically just society. Narendra Mohanty is also the Secretary of the Campaign for Peace in Kandhamal, Odisha, and is associated with the Campaign against fabricated cases, Odisha. On 14 January 2022, the villagers of Dhinkia, in Odisha's Jagatsinghpur district, organised a protest against the acquisition of land and the destruction of their betel vine plantations by the authorities. The Odisha government has promised the land to JSW Utkal Steel Limited, a multinational company owned by the O.P. Jindal Group, to build a 13.2 million tonnes per annum (MTPA) integrated steel plant comprising of a 900 MW captive power plant and a 10 MTPA cement grinding and mixing unit on the land. The project is worth approximately 8.7 billion USD and it was handed over to JSW Utkal Steel Limited after the South Korean steel making company POSCO exited from the deal in 2017 due to a decade-long protest by the villagers. Establishing the steel plant would mean depriving the villagers of their land, which would consequently deny them access to livelihoods. At least twelve armed police units were reportedly deployed in the region to demolish the betel vineyards and clear the land to make space for the steel plant. Local leaders of the protest claim that police did not obtain consent from the villagers to demolish their plantations. Odisha police authorities charged the protesters in response to the villagers resistance to the arbitrary destruction of their plantations. Human rights defender Narendra Mohanty, who had travelled from his residence in Cuttack to support the protest, was arrested alongside with local activists and protesters. The Odisha police has registered FIR number 0021 against Narendra Mohanty, local activists and more than 500 persons who were participating in the protest. Under the Indian Penal Code, the FIR states offences include “rioting armed with deadly weapons” (Section 148), “attempt of murder” (Section 307), “voluntarily causing grievous hurt” (Section 325), “assault of criminal force to woman with intent to outrage her modesty” (Section 354), “obstructing public servant in discharge of public functions” (Section 186). They were also charged under Section 7 the Criminal Law (Amendment) Ordinance and Section 4 of the Public Property (Prevention of Damage) Act. Police authorities demolished three bamboo barricades constructed by the villagers at the entry point to Dhinkia village. The villagers also reported that they had to arrange private ambulances to provide medical support to the injured people, as the police failed to do so. Front Line Defenders condemns the arrest of human rights defender Narendra Mohanty, local activists and the villagers involved in the protest, as it believes that they are facing reprisals for their legitimate human rights activities. The crackdown on the protest and the use of excessive force by the police violates the democratic principles of tolerating dissent and allowing peaceful forms of protest.
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Environmental rights defender, NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 1, 2022
- Country
- India
- Initial Date
- Jan 22, 2022
- Event Description
Indian authorities must immediately conduct a swift and thorough investigation into threats made to Mumbai-based Washington Post columnist and freelance journalist Rana Ayyub, the Committee to Protect Journalists said Thursday.
Ayyub, who has long been a victim of online trolling and threats, told CPJ that she began receiving an onslaught of threats on Twitter after she tweeted her criticism of the Saudi Arabia government’s role in the ongoing Yemen war on January 22.
Since then, she has received over 26,000 tweets in response, including many rape and death threats, from social media users who posted in support of the Saudi government and India’s ruling Bharatiya Janata Party (BJP), which she has criticized in recent columns in The Washington Post.
“No journalist should have to suffer the intense online harassment and threats repeatedly directed against Rana Ayyub,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “Indian authorities must take action against anyone who has threatened violence against Ayyub and ensure her safety.”
On Wednesday, the news website Scoop Beats published a video that included a doctored photo of a tweet purportedly by Ayyub, saying, “I hate India and I hate Indians,” according to the journalist and a screenshot of the video, which CPJ reviewed. Scoop Beets later took down that video, but Ayyub told CPJ that the threats against her increased after it was published.
Ayyub filed a complaint to the Mumbai police against Scoop Beats, which CPJ reviewed; the complaint accuses the website of spreading false information about her and inciting threats.
CPJ emailed and messaged Scoop Beats founders Divya Gandotra Tandon and Akhilendra Sahu on Twitter for comment, but did not receive any replies. BJP spokesperson Syed Zafar Islam did not respond to CPJ’s emailed request for comment.
Critics of Ayyub in India claim that she is sympathetic to Yemeni militants who orchestrated a rocket attack on Saudi Arabia on December 20 in which two Indian nationals were killed; she told CPJ that her criticism of the Saudi government is solely based on its role in the Yemen war.
Social media harassment of Ayyub had included recent incidents when she was subjected to doxxing by an anti-Muslim app and was on a list of women journalists who have been subjected to targeted trolling allegedly by social media users sympathetic to the BJP.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Death threat, Intimidation and Threats, Vilification
- Rights Concerned
- Freedom of expression Online, Right to healthy and safe environment, Right to protect reputation
- HRD
- Media Worker, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Related Events
- India: Continuous online vilification of journalist Rana Ayyub, India: journalist victim of online hate campaign after sharing a Tweet, India: media worker receive online rape and death threats for reporting and commenting police killing of civilian in Kashmir, India: prominent media worker and WHRD targeted again, India: three media workers, media outlet face criminal investigation
- Date added
- Feb 1, 2022
- Country
- India
- Initial Date
- Jan 10, 2022
- Event Description
“My husband works for the needy day and night and I support him in his noble works. But as a wife, I am in constant fear. I fear that the Chhattisgarh Police is trying to kill my husband," said Priya Jaiswal, the wife of Jitendra Jaiswal, a journalist currently in Raipur central jail.
"I wasn’t informed about his arrest and when I got the news from mediapersons and somehow managed to contact the SP (superintendent of police) of Raipur, I was told that Jitendra’s brother has been communicated about his arrest,” Priya further stated.
Chhattisgarh Police arrested Jitendra Jaiswal under the Indian Penal Code (IPC) sections 151, 107, and 116 as conveyed by them in the notice of arrest sent to Priya Jaiswal. "Jitendra Jaiswal has been arrested on 10 January and will be produced in Raipur court on 10 January," the notice read.
Raipur Police, in a statement to the media, said, "PS Tikrapara, Distt Raipur has intimated Kumar Jitendra Jaiswal family (his brother who is in police deptt in Balrampur). He has been arrested under preventive sections in relation to police family related protest. He and 3 others were produced before magistrate after which they have been admitted to Raipur Central Jail."
In October 2020, another scribe and strong voice for tribal rights in Chhattisgarh, Kamal Shukla, was assaulted outside the police station in Kanker district of Chhattisgarh. Ironically, he was covering a story of another scribe being beaten at the time.
Jitendra’s wife said that she wasn’t informed by the police about the arrest of her husband initially and got the news from the media. Jitendra lives with his wife and two children, aged eight and six years respectively, in Chhattisgarh’s Ambikapur district and is the editor of Bharat Samman.
Akeel Ahmad, an activist and a professor, and a close aide of Jitendra, told The Quint that this is being done under the pressure of the government.
“Jitendra has been very vocal about a lot of issues that point out the lacunae in governance. One such incident was the custodial death of one tribal person in Ambikapur. Jitendra covered it extensively. From then on, he caught the eyes of the officials. Some of them also threatened him,” Ahmad said.
“Recently he was covering the protest by the families of police personal in Chhattisgarh and on 9 January he had done a news piece showing their problems and exposed a big corruption. After that he was picked up and is being kept in jail, even though the sections under which he has been booked are bailable,” he further claimed.
Journalist Kamal Shukla said that the government and chief minister himself had promised to bring a law to protect journalists but till date there hasn't been any progress on that front. He further opined that the state is witnessing assaults on the journalists and voices trying to expose the faults in the governance and this is not right.
Nilesh Mahobia, lawyer of Jitendra Jaiswal, told The Quint: "Jitendra Jaiswal is in Raipur central jail at present under the IPC section 151. I went to meet and talked to him. He was presented in the court on the night of 10 January and was sent to jail from there. He was presented in the SDM (Sub-Divisional Magistrate) court on 11 January. The court has sought investigation report and further process will follow post this report is filed.”
Journalists in Chhattisgarh have been fighting for a law to protect scribes in the state, however, the bill is in the draft stage and hasn't been tabled in the Assembly.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 19, 2022
- Country
- India
- Initial Date
- Jan 14, 2022
- Event Description
Two months after the arrest of activist Khurram Parvez and ten days after the arrest of journalist Sajad Gul, the Jammu and Kashmir Police have now arrested human rights activist Ahsan Untoo.
Untoo – the chairman of the International Forum for Justice and Human Rights Jammu and Kashmir – was arrested on Friday, 14 January, for allegedly spreading a secessionist agenda and inciting disaffection against India.
The J&K Police issued a statement to the media on Friday regarding his arrest, claiming he has been part of secessionist discussions on Twitter Spaces (audio discussion rooms):
“It was reliably learnt that Mohammad Ahsan Untoo, resident of Diver (Lolab) Kupwara, a proactive secessionist, is an active participant and speaker at Twitter spaces titled 'Radio Resistance Kashmir' led by two known secessionists namely Muzzammil Ayyub Thakur and Dr Asif Dar. These known secessionists, who are accused in several cases along with Ahsan Untoo, are actively spreading hatred against the Union of India on the social media platform.”
A police spokesperson claimed that Untoo's actions threaten the peaceful atmosphere of the Union Territory and spread "disaffection, ill-will and disharmony" against the Union of India. The police claims that he is inciting youth to resort to violence and indulge in unlawful activities.
They have not yet publicly announced the charges against Untoo, only saying that these activities amount to cognisable offences.
Sajad Gul, a young journalist with The Kashmir Walla, was arrested on 5 January, for posting a video of the protests following the killing of militant Saleem Parray, which included slogans by the militant's family calling for 'Azadi'.
Well-known rights activist Khurram Parvez, the coordinator of the J&K Coalition of Civil Society (JKCCS), was arrested by the NIA on 22 November 2021 on terror charges under the UAPA.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to liberty and security
- HRD
- Community-based HRD, NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 19, 2022
- Country
- India
- Initial Date
- Jan 16, 2022
- Event Description
Kashmiri journalist Sajad Gul has been booked under the draconian Public Safety Act (PSA) and had been shifted to Kot Bhalwal jail in Jammu, Inspector-General of Police Kashmir zone Vijay Kumar confirmed to The Kashmir Walla on Sunday, 16 January.
The PSA is a preventive detention law under which a person is taken into custody to prevent them from acting harmfully against "the security of the state or the maintenance of the public order" in Jammu and Kashmir. Under the PSA, a person can be detained for a period of 3 to 6 months without trial.
The arrest under the PSA comes a day after the journalist was granted bail by a local court in a criminal conspiracy case. The Case Against Gul
Gul, a trainee reporter at the The Kashmir Walla, had been arrested on 6 January. He has been booked under criminal conspiracy and other charges for posting a video of a family shouting anti-India slogans after their kin was killed in a gunfight in Srinagar.
In the video, the family members could be seen protesting against the killing of alleged Lashkar-e-Taiba commander Salim Parray, who was gunned down 3 January.
A police statement in this regard had said, “The said person (Sajad Gul) under the garb of a journalist is habitual of spreading disinformation, false narratives through different social media platforms in order to create ill will against the government by provoking general masses to resort to violence and disturb public peace and tranquillity… his overall activities are prejudicial to the sovereignty, integrity and unity of India.”
On Saturday, the journalist was granted conditional bail by a local Bandipora court. The police was directed to release Gul against a bond of 30,000 rupees if he was not involved in any other crime, The Kashmir Walla reported.
Gul, however, was not released as his he had been named in another case registered earlier this month, under sections Indian Penal Code 153B (Imputations, assertions prejudicial to national-integration), 147 (rioting), 148 (rioting, armed with deadly weapon), 149 ( every member of unlawful assembly guilty of offence committed in prosecution of common object), 307 (attempt to murder) Indian Penal Code. ADVERTISEMENT 'Journalist Is Not a Crime': Scribes Condemn Case Against Gul
A number of journalists took to Twitter to condemn the case against Gul.
"Police's decision to open a fresh investigation into Sajad Gul even as he was granted bail on previous allegations is a transparent effort to hold him, no matter what the court decides. Authorities must drop the investigation and set him free," the Committee to Protect Journalists (CPJ) Asia said in a tweet.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of expression Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 19, 2022
- Country
- India
- Initial Date
- Dec 25, 2021
- Event Description
"They are abusing Babasaheb Ambedkar, they are abusing me, threatening to assault and rape me. It's become difficult to go outside my house. It is easy for them to attack me because I am a Dalit woman and they feel they can do anything to me."
Meena Kotwal
Journalist Meena Kotwal has been facing a relentless barrage of death threats and rape threats ever since she posted a video on social media of her burning the Manusmriti on 25 December 2021. She claims that those making the threat calls identified themselves as members of the VHP, Bajrang Dal, and Karni Sena.
Kotwal tells The Quint, "I have said nothing wrong in the video. The Manusmriti contains a lot of anti-women and anti-Dalit content. Babasaheb Ambedkar had also burned the Manusmriti, on 25 December 1927. Since then, Ambedkarites have been observing the day as Manusmriti Dahan Divas." "Every year, lakhs of people burn a symbolic image of the Manusmriti as an act of resistance. I have done the same, but I am being constantly abused for it. I think it is because I am a Dalit woman who is vocal about the rights and issues of the community."
Meena Kotwal, journalist
Following a complaint by Kotwal, the Delhi Police have registered an FIR on the threats against her, under provisions of the SC/ST (Prevention of Atrocities) Act and two sections of the IPC (criminal intimidation and intention to insult the modesty of a woman). ‘They Threatened That I Will Suffer the Same Fate as Gauri Lankesh’
"Those threatening me are calling and telling me that I will suffer the same fate as slain journalist Gauri Lankesh. I am a journalist, my work is on the field. But the way these people have been threatening me, I am worried that they may physically attack me. "
Meena Kotwal
Kotwal adds, "If they try to fight me legally, I am ready for that. If they wish to register an FIR or a case against me, I am ready for that because I have not done anything wrong. I request the police and the government to provide me security arrangements because anything untoward could happen, at any time."
On December 30, 2021, Ms. Kotwal filed a complaint with the Ambedkar Nagar Police Station in New Delhi, with details of the numbers she was being threatened and abused from and enclosing screenshots of the abuses and threats. The SHO of the Ambedkar Nagar police station Mr. Mukesh Kumar Moga asked the Sub inspector Mr. Bansi Lal to file Ms. Kotwal’s complaint. According to her the SI Mr. Lal made her sit for a long time and advised her on not to do such things instead of filing her complaint. On her saying that she needs the receipt of the FIR, he said that it will take time. Ms. Kotwal said that she will meet the DCP and return to take the paperwork for the FIR. After she submitted a copy of the complaint to the Addl. DCP South West Delhi Ms. Benita Mary Jaiker, she was told that her FIR will be filed in the Ambedkar Nagar Police Station. She went back there but an FIR based on her complaint was not filed and since then she has been running pillar to post to get her FIR filed. According to the guidelines issued by the Delhi Police, a woman can lodge a complaint via email or registered post or even send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement. The FIR has to be filed and then an investigation takes place. However, so far no FIR has been lodged on Ms. Kotwal’s complaint. We fear that this apathy of the police is a sign of indifference and negligence of the Delhi Police towards crimes against Dalits, specially Dalit women, who often face apathy and hostility towards them in a police station. We are shocked that the FIR based on the complaint of a Dalit WHRD was not filed despite her repeated attempts. This inaction of the Delhi police has put the Dalit WHRD in grave danger from the death threats she is getting.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Death threat, Intimidation and Threats, Online Attack and Harassment, Vilification
- Rights Concerned
- Freedom of expression Online, Right to healthy and safe environment, Right to protect reputation
- HRD
- Media Worker, Minority rights defender, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Jan 16, 2022
- Country
- India
- Initial Date
- Dec 9, 2021
- Event Description
The prospect of the establishment of a police camp in Nahadi village, 70 km away from the Dantewada district headquarters, has had members of the tribal communities in 13 villages in Kuakonda development block in Chhattisgarh protesting for over a month now.
The residents of these villages are primarily demanding the establishment of a hospital, a school and an anganwadi, rather than a police camp.
Their demonstrations are also in support of the ongoing agitation in Silger village at the border of the rural Bijapur-Sukma district, where three people were killed and several others injured this May when the police opened fire on a group of tribes people protesting against the establishment of a Central Reserve Police Force camp in Sukma.
“If a police camp is set up here, it will be difficult for us to even leave our houses,” a resident of one of the 13 villages told The Wire. “It is always difficult to visit other villages or even the forest in the presence of a camp. The police personnel harass us and the women in our families. That’s why we don’t want a camp here. We need hospitals, anganwadis and schools instead.”
‘Afraid of the police’
Demanding action against the culprits of the Silger police firing this May, the 2012 killing of 17 Adivasis by the police in Sarkeguda in Bijapur, and the killing of four minors and four adults in Edesmetta of the same Bijapur district in 2013, the residents of the 13 villages began their agitation in support of a protest already in progress in the district.
But on December 9, 2021, personnel of the District Reserve Guard (DRG) including women commandos suddenly raided the protest site in Nahadi’s Karka area, assaulted the protestors and ordered them to vacate the premises.
Witnesses said that the DRG personnel had set fire to the stage at the protest site by lobbing burning logs at it from chulhas (earthen stoves) set up in the protestors’ makeshift kitchen.
However, soon after the incident, a video went viral on local WhatsApp groups in which villagers state that the fire had started in a nearby paddy field and moved to the protestors’ stage and that the DRG personnel had in fact extinguished the fire.
Locals claim that the police had shot the video themselves and circulated it.
The villagers also allege that the DRG personnel dismantled the boundary around the stage, uprooted the protestors’ tent and seized all the material the villagers had used to set up the protest site to prevent them from starting another camp. The police also allegedly ignited firecrackers while raiding the protest site.
This action by the DRG personnel has caused panic among villagers in Karka, claim residents of other villages. Rumours in the area claim that if the villagers of Karka even step out of their houses, they are interrogated by police personnel and threatened with dire consequences.
The Wire tried to confirm these rumours with local sources, but the villagers claim to be too afraid to speak to the media.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Raid, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 16, 2022
- Country
- India
- Initial Date
- Dec 5, 2021
- Event Description
The candlelight march on Sunday, called by a group of teachers aspirant protesting in the state capital Lucknow over alleged irregularities in the 2019 Uttar Pradesh exam to recruit 69,000 assistant teachers in the state, ended in indiscriminate lathi-charge by police, leaving about a dozen protesters injured.
Enraged by the police action, the unions have called for a state-wide demonstration this week in protest against lathi-charge on the youth march.
According to eye-witnesses, the lathi-charge took place when a group of teacher aspirants were demonstrating at a prominent junction and were headed towards Chief Minister Yogi Adityanath's residence. The police stopped them and resorted lathi-charge, leaving several protesters seriously injured. Videos of the incident also went viral on social media.
In 2019, the Uttar Pradesh government had held a mega recruitment drive and examination for hiring 69,000 assistant school teachers. However, the entire process was marred with allegations of bias and irregularities, including on allocation of quotas in the merit list of those selected.
As a result, candidates belonging to Scheduled Castes and Other Backward Classes (OBC) categories had been protesting since the past two years.
The protesters alleged that a recent scam in the appointment of 69,000 teachers has revealed that instead of 27%, the OBC candidates were given just 4% reservation, while SC aspirants were provided with just 16% reservation instead of 22.5% .
They said that according to the reservation policy, the total number of OBC candidates should have been 27% of the total 69,000 vacancies, that is, 18,598 seats. But, according to this calculation based on the cut-off percentage given by the state, the total seats for OBC candidates are a measly 2,637. The candidates also alleged that general category persons had ‘adjusted’ seats of the OBC candidates.
Amit Tiwari, as aspirant teacher, who was injured during in the police crackdown, said: “Chief Minister Yogi Adityanath said plenty of government jobs are available in the state, but there is a dearth of educated and suitable candidates who can qualify for those jobs. We are protesting for the past two years close to his residence in Lucknow, but instead of recognising our talent, he and his police has chosen to beat us. We will not keep silent until our demands met. The youth of Uttar Pradesh are ready to teach a lesson to this government.”
The protesting candidates are demanding that 22,000 of 69,000 posts still lying vacant for assistant teacher should be opened for recruitment. They alleged that even after the Supreme Court’s order, they are not being appointed.
The candidates said their strike would continue till their demands are met. The teachers’ union is now mobilising students to support them and reach Lucknow’s Eco Garden on Tuesday to launch a “mass movement” ahead of Assembly elections due early next year.
Meanwhile, Sunday’s lathi-charge by Lucknow police on protesting teachers was criticised by several political parties, including Samajwadi Party.
“We will remember this lathi-charge while casting our votes in the upcoming elections,” Yudveer Singh, an applicant of Deoria, who is on his way to Lucknow along with 20 others to join protest told NewsClick.
“The CM who denied reservation to Dalit and backward communities during the recruitment of 69,000 assistant school teachers, is now lashing out on them with lathis. Amid a peaceful candle march of the 69,000 teacher recruitment candidates, the police started lathi charge is sad and shameful! The youth unemployed will be revolutionized, there will be a change in twenty," a tweet by Samajwadi Party handle reads.
Meanwhile, Varun Gandhi, ruling Bhartiya Janata Party (BJP) leader and MP from Pilibhit, who was vocal in support of the farmers’ movement, attacked his government over the police crackdown.
Criticising police action against protesting candidates of UP teachers' test in Lucknow, Gandhi asked why recruitments were not taking place when there were vacancies in the government. Sharing a video of police action against candidates holding a candlelight march over alleged irregularities, Gandhi said: "These children are also 'Sons of Mother India', let alone accepting their demands, no one ready to listen to them. Above this, barbaric 'lathicharge' on them. Put your hand on heart and think they would be treated the same if they were your own children. You have vacancies as well as qualified candidates, so why are recruitments not taking place."
Teacher applicants from across the state are reaching Eco Garden in a large number after police brutal crackdown. They are angry with the government and planning to play a major role to defeat
BJP in the upcoming elections.
TIMELINE
-
On December 1, 2018, the Adityanath-led state government issued an order for filling up 69,000 vacant posts and on December 6, 2018, the posts were advertised. On January 6, 2019, examination for the recruitment of 69,000 assistant teachers was conducted.
-
On January 7, 2019, the government revised the passing criterion, at 65% (97 out of 150 marks) for general candidates and 60% (90 out of 150 marks) for reserved category candidates. This led to outrage and some candidates approached the high court.
-
On March 29, 2019, hearing the case, the court gave its verdict in favour of the candidates and set 40% and 45% for reserved and general category candidates, respectively.
-
On May 6, 2020, HC disposed of the case by upholding the state government’s revised eligibility criteria of passing reserved and general category candidates (60% and 65% marks) in the examination held.
-
On May 12, 2020, the result of written test was announced. A total of 1.46 lakh candidates - 36.6% - were declared as having qualified.
-
On May 13, 2020, the counselling schedule was announced for appointment of 69,000 assistant teachers to be recruited according to the merit and districts of their choices and vacancies available.
-
Between June 3 and 6, 2020, counselling of the selected candidates and verification of documents was scheduled to be held.
-
On June 3, 2020, the Lucknow bench of Allahabad high court stayed the appointment process of 69,000 assistant basic teachers.
-
Candidates took the matter to the SC. On June 9, SC issued an interim order to fill 31,277 posts, with the remaining posts to be filled later after the final verdict of the apex court.
-
On October 16, CM distributed appointment letters to 31,227 assistant teachers.
-
On Nov 18, SC allowed the UP government to fill up vacancies for 69,000 assistant basic education teachers in the state, as per the results declared in May 2020.
-
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Labour rights defender, Public Servant
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 16, 2022
- Country
- India
- Initial Date
- Oct 29, 2021
- Event Description
The police on Friday detained tribal leaders and sent back people who were staging a sit-in protest against a mining project at Surjagarh in Etapalli tehsil of Maharashtra's Gadchiroli district. Since the last five days, locals in the area have been staging a dharna against the iron ore mining project in Surjagarh, demanding cancellation of the lease granted to a private company.
According to the police, the locals were given permission to hold a morcha and not a sit-in agitation.
Local tribals along with Zilla Parishad member Sainu Gota and member of Shetkari Kamgar Paksh Ramdas Jarate had launched an indefinite sit-in protest under the aegis of 'Surjagarh Paramparik Ilaka Gotul Samiti' on Monday.
Speaking to PTI, Gadchiroli superintendent of police Ankit Goyal said some leaders at the dharna were detained and people were requested to leave and they left.
"They were given permission for a morcha and not a dharna. However, they had been staging a dharna for the last four to five days. The police and district collector visited the spot and requested protestors to withdraw the agitation," the official said.
Background of the Incident: Local Adivasi communities in Gadchiroli have been fiercely opposing the 25 government sanctioned mines in Gadchiroli, which includes the mine at Surjagad. The Adivasi communities state that the decision to grant mining licenses is illegal as the gram sabhas in the region have not given the permission for the same. On October 25, 2021, there was a peaceful morcha carried out against the mining leases and had nearly 4,000 protestors from local Adivasi villages. The morcha ended at Etapalli, where several protestors camped. Details of the Incident: On October 29, 2021, at around 5.45 a.m. a large police force, of around 300 police personnel, some in uniform and some in plain clothes, swooped down at the protest sites and detained Mr. Sainu Gota, Ms. Sheela Gota, Mr. Ramdas Jarate, Ms. Jaishree Velda, Mr. Nitin Pada and Mr. Amol Marakwar. They were put in vans and taken to a police camp in Aheri. They were not even allowed to wear chappals and had to walk barefoot until they were presented before the judicial magistrate. Mr. Jarate was not allowed to wear clothes and was taken to the police camp in his shorts and half shirt that he had been wearing when the raid happened. No paperwork was given to any of them for either detention or arrest. At Aheri police camp, they were made to sit in a separate room until 1 p.m. like criminals. Thereafter, each one of them were called by Mr. Anuj Tare, Additional Superintendent of Police, who asked them what they are planning to do next. On October 29, 2021, at around 4 p.m., they were taken to Aheri police station and were formally charged. An FIR (0036/2021) was registered at the Etapalli police station against nine HRDs and 100 unnamed individuals under Indian Penal Code sections 188 (Disobedience) and 269 (Negligent act likely to spread infection of disease dangerous to life), Section 2 of Epidemics Act which gives power to state government to take special measures and prescribe regulations as to dangerous epidemic disease and the Maharashtra Police Act sections 37 (1), 37 (3), 135. The FIR has named Mr. Sainu Gota, Ms. Sheela Gota, Ramdas Jarate, Ms. Jaishree Velda, Nitin Pada, Amol Marakwar, Mr. Lalsu Nagoti, Mr. Prajwal Namulwar, Ms. Premila Kulyami. At 5.30 p.m. they were taken to the district court and were granted bail. Their lawyers were present at the court, but they were not allowed to speak with them at any time prior to this. At 6.15 p.m. they were taken to back to the police camp, even after being granted bail where they were held stating that they were being issued a notice by the sub-divisional magistrate of Etapalli. At 9.15 p.m. they were issued a notice under section 107 of the Code of Criminal Procedure (CrPC), which provides powers to an executive magistrate if he is convinced that individuals are likely to commit a breach of the peace or disturb the public tranquility to ask individuals to show cause as to why they should not execute a bond. After the notice was issued, they were released. During their illegal detention and arrest, Inspector Patil of Etapalli police station, confiscated two phones belonging to Mr. Jarate and Ms. Velda. On October 30, 2021, Mr. Jarate called Mr. Patil and asked him to return the mobile phone. In response, Mr. Patil said that he had not taken the mobile phone. The phones were later found in the same police station and returned to Mr. Jarate a few days later.
- Impact of Event
- 4
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Environmental rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 14, 2022
- Country
- India
- Initial Date
- Nov 22, 2021
- Event Description
About the Human Rights Defenders: Ms. Anita Das and Mr. Dipak Kumar Singh are General Secretary and President, respectively of the Ranchi Footpath Dukandar Hawker Sangh (RFDHS), a trade union of hawkers, street vendors and shopkeepers in Ranchi. They are also associated with the National Hawkers Federation, and have participated in many struggles seeking recognition and protection for hawkers and street vendors for several years. Background of the incident: On November 22, 2021, at around 10 AM, 5-6 officials from the Enforcement team of Ranchi Municipal Corporation arrived in the Birsa Chowk area in Ranchi in an official vehicle and launched a hawker eviction drive. Although there were many female hawkers and vendors in the stretch between Birsa Chowk and Hinu Chowk, all the officials were men. They forcibly seized the goods and properties of hawkers and street vendors leading to heated arguments, pushed and shoved hawkers when they came in the way, and loaded their goods in the official truck. Some hawkers also tried to unload their goods from the truck. The eviction drive was illegal as the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, mandates that eviction drives can be conducted only after clearance from the local town vending committee. In case of Ranchi, the Town Vending Committee (TVC) met on October 26, 2021, and cleared eviction drives in some areas enlisted in Notice no. 665/DAY-NULM of Ranchi Municipal Corporation, however, there was no mention of the stretch between Birsa Chowk and Hinu Chowk in this list. Details of the Incident: Around 11 AM, leaders of the RFDHS Ms. Anita Das and Mr. Dipak Singh arrived at the eviction spot, and demanded to see the TVC’s permission and the seizure list, as required under Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. Enforcement officials claimed the eviction was being conducted following orders from the Commissioner of Ranchi, but they failed to show any official papers, and had prolonged arguments with the HRDs. Meanwhile, the enforcement team informed the Daronda Police Station, and at around 12 PM, 3-4 police personnel including Officer in Charge Mr. S Mahasha, arrived at the spot and intervened on behalf of the enforcement team. They left after 15-20 minutes. The arguments and counter-arguments between the enforcement team and the HRDs continued till 1 PM, after which the eviction was called off. Enforcement officers video- recorded most parts of the argument on their mobile phone. On November 22, 2021, a fabricated case (FIR no 261/ 2021) was registered in the Doranda Police Station against Ms. Das, Mr. Singh and others in reprisal for opposing the illegal eviction drive. They were charged under Sections 341 (wrongful restraint), 186 (obstructing public servant in discharge of official duties), 34 (common intention) of the Indian Penal Code, and Section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act. The case was based on a complaint signed by Mr. Manoj Kumar and 10 other enforcement team officials, who alleged some people led by Ms. Das prevented them from conducting the eviction drive, misbehaved with them and abused them. Ms. Das and others also damaged the official vehicle and forcibly unloaded some seized goods, they claimed. The FIR was registered by the Officer in Charge of Doranda Police Station Mr. S Mahasha, and Sub Inspector Mr. Om Prakash Toppo was designated as the Investigating Officer in the case. It is clear that the police and enforcement team officials acted with malafide intentions to target the HRDs who were opposing the violation of laws protecting the interests of street vendors and hawkers. Police officials were present at incident spot and witnessed a large part of the arguments and counter-arguments. Yet, they registered an FIR against the HRDs immediately upon receiving the complaint from enforcement officers without even conducting a preliminary probe.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to Protest
- HRD
- Labour rights defender, WHRD
- Perpetrator-State
- Police
- Source
Case shared by Human Rights Defenders Alert - India
- Monitoring Status
- Pending
- Date added
- Jan 14, 2022
- Country
- India
- Initial Date
- Dec 1, 2021
- Event Description
About the Human Rights Defenders: Mr. Muralidhar Sahoo, Mr. Bibekananda Swain and others are residents of Dhinkia panchayat under Erasama block in Odisha’s Jagatsinghpur district. They have been opposing efforts to set up large industries in the coastal belt for over 20 years fearing ecological destruction and loss of forests and livelihoods. Mr. Sahoo and others participated in a peaceful movement opposing a steel plant and port by South Korean steel giant POSCO for 15 years. Although the Odisha government forcibly acquired land for the project in 2013 and cut down over 3 lakh trees, opposition against the project remained strong, and in 2017, POSCO exited. A year later, the state government announced that the Jindal Steel Works (JSW) would set up a mega project at the site comprising steel, power and cement plants and captive jetties. Mr. Muralidhar Sahoo, Mr. Bibekananda Swain and other HRDs in Dhinkia panchayat renewed their movement and in subsequent months and years, they conducted numerous public meetings, rallies and demonstrations opposing the JSW project. In recent months, they also opposed the project in public hearings conducted by the administration. Background of the Incident: Mahala and Patana under Dhinkia panchayat in Erasama block of Jagatsinghpur district were accorded the status of revenue villages by the Odisha government in April 2020 and August 2020 respectively. Local villagers feared the decision was taken to facilitate the JSW project and fracture the movement, and held several meetings and allies opposing the move. On November 30, 2021, administrative officials undertook demarcation in Patana amidst the presence of 14 platoons of police personnel. Residents of the village held a peaceful demonstration beside the local temple. Armed policemen were deployed to intimidate the protestors and they had been given only a day’s notice regarding demarcation. Delimitation work in Mahala village was scheduled the next day. On December 1, 2021, when revenue officials led by Erasama Tehsildar Mr. C Pranjyananda Das reached Mahala for demarcation work along with a large contingent of police personnel. Local residents protested by forming a human chain. Eventually, the demarcation wo rk was called off and revenue officials and police left the area. Details of the Incident: On December 1, 2021, at 8 PM, an FIR (123/ 2021) was registered at the Abhayachandpur Police Station against 34 HRDs including Mr. Muralidhar Sahoo and Mr. Bibekananda Swain and 300 other unnamed villagers for blocking the entry of officials into Mahala. The accused were charged under 143 (unlawful assembly), 341 (wrongful restraint), 294 (absence of complainant), 506 (criminal intimidation), 353 (assault or use of criminal force on a public servant), 186 (voluntarily obstructing any public servant in the discharge of his public functions), and 149 (common intent) of the Indian Penal Code. The FIR was registered by Inspector In Charge of Abhyachandpur police station Mr. Pradyumna Behera on the basis of a complaint by Erasama Tehsildar Mr. Choudhury Pranjyananda Das, who alleged that around 200 women and 100 men led by Mr. Muralidhar Sahoo, Mr. Bibekananda Swain and others obstructed revenue officials from carrying out their work. Sub Inspector Mr. K. Ch. Nayak was designated as the Investigating Officer in the case. Though no one has been arrested in the case yet, Mr. Sahoo and other HRDs in the area fear they might be detained and arrested in violation of due procedure.
On December 4, 2021, at about 3 AM, a police contingent under the leadership of Assistant Superintendent of Police of Paradeep Mr. Nimaichran Sethi, including Sub Inspectors Mr. Ashutosh Hota and Mr. Chinmaya Pany and 4 platoons of armed police, reached Mr. Swain’s house in 10 police vehicles. When HRD’s mother went to open the door, Mr. Hota shouted at her in filthy language. When she and other family members objected to police entering their house, the police broke open the door. Butas many villagers rushed to the spot after hearing the commotion, police beat a hasty retreat. Coinciding with the police raid on Mr. Swain’s house, Gobindpur resident Mr. Prabhat Kumar Rout submitted a written complaint at the Abhayachandpur Police Station. He alleged that at around 2 AM on December 4, 2021, Mr. Basanta Gochayat, Mr. Chuguna Jena and others hurled bombs towards his house and fled on motorcycles towards Dhinkia, and that he saw the miscreants entering Mr. Swain’s house when he followed them. He also claimed Mr. Swain had threatened to kill him in the past, including during demarcation work in Mahala village on December 1, 2021 Abhayachandpur Police Station Inspector In Charge Mr. Pradyumna Behera registered an FIR (125/ 2021) against Mr. Swain, Mr. Gochayat, Mr. Jena and three others on the basis of Mr. Rout’s complaint and directed Sub Inspector Mr. Hota to investigate the case. The accused were charged under Sections 294 (absence of complainant), 506 (criminal intimidation), 307, 34 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substances Act. Around an hour later, at .05 AM on December 4, 2021, Sub Inspector Mr. Hota submitted a written complaint at Abhayachandpur police station. He alleged that while was on his way to Gobindpur village with two other policemen to investigate FIR no 125/ 2021, at 3.20 AM Mr. Swain and 20-25 anti-socials obstructed their way, abused them in filthy language, assaulted them and forcibly snatched Mr. Hota’s service revolver forcing them to retreat. Based on Mr. Hota’s complaint, Mr. Behera registered a second FIR (126/ 2021) against Mr. Swain, Mr. Gochayat, Mr. Jena and others. In all, the FIR named 15 persons as accused apart from 15-20 unnamed others and they were charged under Section 395 (dacoity) of the Indian Penal Code. Sub Inspector Mr. C R Pany was directed to investigate the case. Around three hours later, at 7 AM on December 4, 2021, a third FIR (127/ 2021) was registered against Mr. Swain, Mr. Gochayat, Mr. Jena and others. Mr. Behera, the complainant in the case, claimed that when he along with Sub Inspectors Mr. Swetapadma Dash, Mr. Hota and Mr. Pany and other police personnel reached Mr. Swain’s residence at 4.30 AM to recover Mr. Hota’s service revolver, around 100 villagers who were waiting in ambush attacked them. They pelted stones, abused and assaulted policemen and damaged two police buses, forcing the police to retreat. In all, the third FIR named 60 persons as accused apart from 100 unnamed others, charged under Sections 147, 148, 341, 333, 353, 307, 427, 294, 379, 186, 149, 332, 506 of the Indian Penal Code, Sections 3 and 4 of Prevention of Damage to Public Property Act and Section 7 of the Criminal Law Amendment Act. Mr. Swain, Mr. Gochayat, Mr. Jena and many other HRDs named in the FIRs fear they will be arrested in violation of due procedure and subjected to custodial torture.
- Impact of Event
- 5
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Raid
- Rights Concerned
- Freedom of assembly, Freedom of expression Offline, Right to Protest
- HRD
- Environmental rights defender
- Perpetrator-State
- Police
- Source
Case shared by Human Rights Defenders Alert - India
- Monitoring Status
- Pending
- Date added
- Jan 14, 2022
- Country
- India
- Initial Date
- Jan 8, 2022
- Event Description
The Central Bureau of Investigation’s registration of a case against human rights organisation People’s Watch under the Foreign Contribution (Regulation) Act highlights the worsening situation of shrinking civic space in India, the Asian Forum for Human Rights and Development (FORUM-ASIA) said.
On 8 January, a team of nearly ten officers from the Central Bureau of Investigation (CBI) conducted search operations in the office of People’s Watch, a member organisation of FORUM-ASIA, in Madurai, India. The search was conducted based on a court order related to a First Information Report (FIR) registered by the CBI on 6 January alleging violations by People’s Watch in receiving and utilising foreign funds. The FIR is filed under sections 120B (criminal conspiracy) and 420 (cheating) of the Indian Penal Code and sections 33, 35, 39 r/w sections 7, 8, 9 of the Foreign Contributions (Regulations) Act (FCRA) for alleged offences committed between 2010 and 2014.
People’s Watch has been working on the protection and promotion of human rights in India for more than two decades, as a programme unit under its legal holder, the Center for Promotion of Social Concerns (CPSC). CPSC is duly registered under the Foreign Contributions (Regulations) Act to receive foreign funds. In 2012, the Ministry of Home Affairs suspended CPSC’s FCRA registration thrice for a period of 180 days each time. Only after the intervention of the Delhi High Court in a writ petition by CPSC challenging the suspension of their FCRA registration, did the court allow CPSC to use their FCRA account.
Meanwhile in 2016, CPSC applied to the Ministry of Home Affairs to renew their registration under the Foreign Contributions (Regulations) Act, and was rejected due to a ‘field agency report’ by the Ministry. Failing to cite any financial irregularities, the Ministry stated in a written response before the Delhi High Court that the reason for non-renewal was due to People’s Watch Executive Director Henri Tiphagne’s communications with embassies as well as UN Special Rapporteurs. CPSC has challenged the non-renewal of their registration before the Delhi High Court and the case is still pending.
‘People’s Watch is clearly facing reprisals in the form of non-renewal of their FCRA registration. Working with UN human rights mechanism is not a crime. The continuous harassment against People’s Watch is highly condemnable and deeply concerning. It is surprising that after nearly ten years, the CBI has registered a case against CPSC and People’s Watch. This is a clear case of targeted harassment and reprisal against the human rights work of People’s Watch,’ said Shamini Darshini Kaliemuthu, Executive Director of FORUM-ASIA.
The Foreign Contributions (Regulations) Act is used arbitrarily to harass and impede the work of civil society organisations, especially those working on human rights issues. The FCRA registration of nearly 6,000 organisations[1] on 31 December 2021. Many applications for renewal, including that of Oxfam India, were rejected by the Ministry of Home Affairs.
Recent amendments to the Foreign Contributions (Regulations) Act which prohibit sub-granting of foreign funds has affected countless grassroot organisations at rural level.[2] The amendment also enables authorities to freeze the funds of any organisation based merely on ‘preliminary inquiry’. Previously, an organisation had to be proven guilty of contravening the provisions of FCRA for the government to be able to freeze its funds. The new provisions are arbitrary and unjust as they can be easily used to target and harass civil society organisations and human rights defenders, who very often express criticism and dissent towards the government.
The Indian government should uphold its voluntary pledge[3] made during the UN Security Council elections by continuing to ‘foster the genuine participation and effective involvement of civil society in the promotion and protection of human rights’.
‘FORUM-ASIA reiterates its earlier call for a repeal of the FCRA[4] and urges the Government of India to ensure an enabling environment for civil society to freely promote and protect human rights. It must cease its harassment of civil society organsiations and human rights defenders through repressive laws,’ said Shamini.
‘We also call upon the National Human Rights Commission of India (NHRCI) to intervene in this case of harassment against a civil society organisation, and to ensure protection in accordance with the Regional Action Plan on Human Rights Defenders[5] of the Asia Pacific Forum. We strongly encourage the NHRCI to revisit the appeal[6] submitted by human rights defenders from 24 countries gathered in Colombo for the 7th Asian Regional Human Rights Defenders Forum, 2016, regarding non-renewal of CPSC’s FCRA registration,’ said Shamini.
The Indian government must put an end to the targeted harassment and reprisal against People’s Watch, and unconditionally drop all charges against them.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment, Raid, Reprisal as Result of Communication
- Rights Concerned
- Right to access to funding, Right to healthy and safe environment, Right to work
- HRD
- NGO
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 13, 2022
- Country
- India
- Initial Date
- Jan 1, 2022
- Event Description
An app pretending to “auction” prominent Muslim women including journalists was posted online in India on 1 January. After talking to many Muslim women journalists, Reporters Without Borders (RSF) calls on the Indian authorities to intervene to put a stop to this form of harassment, which is both revolting and potentially dangerous for its targets.
“It started on the 1st of January,” said Ismat Ara, a journalist who works for The Wire news website. “One of my friends sent me an image and I opened it thinking it’s a Happy New Year wish, but it wasn’t. It was quite shocking to see my picture there.” Underneath her photo were the words: “Your BulliBai of the day.”
“BulliBai” is the name of the app posing as a special kind of auction house that appeared on 1 January on GitHub, a software development platform popular in India, and has been widely downloaded since then. A term of unclear origin – it refers to a penis in southern India and a female servant in northern India – “Bulli Bai” is now an insult for Muslim women throughout the country, one widely used by online trolls who support the Hindu nationalist right.
Photos of around 100 women – stolen from their social media accounts – and personal information about them have been posted on the app as if they are being “auctioned off” or “made available” to the app’s users. The victims include many journalists like Ismat Ara.
Commodification
Ara told RSF that she has filed a complaint about the app. “In my complaint I have called it a conspiracy because it’s also a sort of coordinated attack against a type of Muslim women,” she said. “It’s very dehumanising – people are commodifying you, objectifying you.”
The outcry in India has been such that Microsoft, GitHub’s owner, has taken the app down and India’s Electronics & Information Technology minister, Ashwini Vaishnaw, said in a tweet on 2 January that the police were looking into it. The police in Mumbai announced this morning that an initial arrest had been made.
“The appearance of this kind of app, offering to place women journalists at the disposal of its users as if they were objects, is absolutely chilling,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “We urge the Indian authorities to do whatever is necessary to bring those responsible for such apps to justice. To do nothing would be to condone an extremely violent form of harassment, a form of intimidation that discriminates against an entire sector of the journalistic community and exposes those targeted to potential physical attacks.”
No place in public life
Ara told RSF: “As a journalist, it becomes risky to have pictures of this kind floating around because I am in the field quite a lot. What if people physically harm me? I wouldn't want this to happen to anybody else.”
This phenomenon is all the more shocking because it’s not the first time that Muslim women journalists have been “auctioned off” on social media. As RSF reported at the time, an app almost identical to BulliBai, called “SulliDeals,” appeared on GitHub in July 2021. “Sulli” is yet another degrading term for Muslim women that is much used by far-right activists linked to Hindu fundamentalism.
The Print website editor Fatima Khan, who was one of several journalists advertised as “deal of the day” on SulliDeals, described the effect of this especially shocking form of harassment to RSF. “The common thread among all the targets is that these are all vocal Muslim women who aren’t afraid of expressing themselves,” she said. “The idea is to humiliate them and send the message that they don't belong in public life.”
The most vocal women journalists are the favourite targets of the trolls who use these apps. “This has been happening to me for four to five years now,” well-known Radio Mirchi presenter Sayema told RSF. “What with the morphing of my photos and the use of undiplomatic language, this method of silencing a woman is not new. It’s as if they want to put me back in my place after I’ve been pretty vocal on Twitter.”
Impunity
The users of this kind of app seem to think that a certain category of people should not be allowed to be journalists. “In India we have seen a rise in communal targeting,” Sayema said. “Everything about you is targeted – firstly, you’re a woman, secondly you’re a Muslim and thirdly you are a popular and progressive liberal voice.”
The most worrying aspect, in her view, is the impunity accompanying the emergence of this phenomenon. “In July, there was systematic auctioning and that should have been a wakeup call, but nothing happened,” she said. Complaints were registered with the police, “but what happened after that?” she asked.
No one was charged and no one was arrested. This complicit lack of reaction from the authorities encourages those responsible for the harassment, who are steeped in the climate of hatred towards India’s Muslim minority that is fostered by Hindutva supporters. Hindutva is the Hindu nationalist ideology that spawned the Bharatiya Janata Party, the party led by Narendra Modi, India’s prime minister since 2014.
Vicious circle
For journalists from these minorities, especially women journalists, a vicious circle is slowly but surely closing on them. Harassment, impunity, intimidation, self-censorship, silence...
Hida Beg, who writes for The Quint, described this mechanism on Twitter. “You did nothing to stop this the last time, and here it is again. I have censored myself, I hardly speak here anymore, but still, I am being sold online, I’m being made ‘deals’ out of.”
Quratulain Rehbar, a freelance journalist from Muslim-majority Kashmir who was among those offered for sale on BulliBai, experienced the devastating effects of this harassment in a very personal way.
“I come from a conservative society, but I felt this was something we had to talk about,” she said. “This is a serious issue and I felt I should tell somebody who is also a victim that they are not alone. But I couldn’t tell my mother.” She explained that her mother recently asked her: “Do you think you should do something else?” The implication was that she should quit journalism for the sake of her personal safety. “I have no hope,” Rehbar added.
India is ranked 142nd out of 180 countries in RSF's 2021 World Press Freedom Index.
- Impact of Event
- 3
- Gender of HRD
- Woman
- Violation
- Online Attack and Harassment, Vilification
- Rights Concerned
- Right to protect reputation, Women's rights
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Jan 11, 2022
- Country
- India
- Initial Date
- Dec 21, 2021
- Event Description
A group of unidentified assailants beat up a Right to Information activist and pierced his legs with nails in Rajasthan’s Barmer district on Tuesday night, the Hindustan Times reported.
The activist, Amra Ram Godara, had filed a police complaint against alleged illegal liquor trade in the area some days earlier.
Godara was allegedly abducted on Tuesday when he was going to his home from a bus stand, the police said. The assailants reportedly fled the spot believing that he was dead.
The attack took place at Godara’s native village of Pareyu, PTI reported.
Barmer Superintendent of Police Deepak Bhargava said that Godara has suffered fractures in his leg and hands, and has been referred to a hospital in Jodhpur. The activist is reportedly out of danger.
The accused persons are absconding. “Prima facie, people involved in the illegal liquor trade are behind the attack,” Bhargava said, adding that police teams have been formed to arrest the accused persons.
On Wednesday, Omaram Banjara, an activist based in the Pali district, filed a complaint on Godara’s behalf to the Rajasthan State Human Rights Commission, according to PTI. The commission took cognisance of the case and directed the state director general of police, excise commissioner, the district collector and superintendent of police to file reports in the matter.
Banjara claimed that Godara had also filed a complaint about alleged irregularities in developmental work carried out by the Kumpaliya panchayat in Barmer district. He demanded an investigation into the role of the local police and excise officials.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Abduction/Kidnapping, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to information
- HRD
- RTI activist
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Jan 10, 2022
- Country
- India
- Initial Date
- Nov 22, 2021
- Event Description
Ms. Anita Das and Mr. Dipak Kumar Singh are General Secretary and President, respectively of the Ranchi Footpath Dukandar Hawker Sangh (RFDHS), a trade union of hawkers, street vendors and shopkeepers in Ranchi. They are also associated with the National Hawkers Federation, and have participated in many struggles seeking recognition and protection for hawkers and street vendors for several years.
On November 22, 2021, at around 10 AM, 5-6 officials from the Enforcement team of Ranchi Municipal Corporation arrived in the Birsa Chowk area in Ranchi in an official vehicle and launched a hawker eviction drive. Although there were many female hawkers and vendors in the stretch between Birsa Chowk and Hinu Chowk, all the officials were men. They forcibly seized the goods and properties of hawkers and street vendors leading to heated arguments, pushed and shoved hawkers when they came in the way, and loaded their goods in the official truck. Some hawkers also tried to unload their goods from the truck. The eviction drive was illegal as the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014, mandates that eviction drives can be conducted only after clearance from the local town vending committee. In case of Ranchi, the Town Vending Committee (TVC) met on October 26, 2021, and cleared eviction drives in some areas enlisted in Notice no. 665/DAY-NULM of Ranchi Municipal Corporation, however, there was no mention of the stretch between Birsa Chowk and Hinu Chowk in this list.
Details of the Incident: Around 11 AM, leaders of the RFDHS Ms. Anita Das and Mr. Dipak Singh arrived at the eviction spot, and demanded to see the TVC’s permission and the seizure list, as required under Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014. Enforcement officials claimed the eviction was being conducted following orders from the Commissioner of Ranchi, but they failed to show any official papers, and had prolonged arguments with the HRDs. Meanwhile, the enforcement team informed the Daronda Police Station, and at around 12 PM, 3-4 police personnel including Officer in Charge Mr. S Mahasha, arrived at the spot and intervened on behalf of the enforcement team. They left after 15-20 minutes. The arguments and counter-arguments between the enforcement team and the HRDs continued till 1 PM, after which the eviction was called off. Enforcement officers video- recorded most parts of the argument on their mobile phone.
On November 22, 2021, a fabricated case (FIR no 261/ 2021) was registered in the Doranda Police Station against Ms. Das, Mr. Singh and others in reprisal for opposing the illegal eviction drive. They were charged under Sections 341 (wrongful restraint), 186 (obstructing public servant in discharge of official duties), 34 (common intention) of the Indian Penal Code, and Section 3 (mischief causing damage to public property) of the Prevention of Damage to Public Property Act. The case was based on a complaint signed by Mr. Manoj Kumar and 10 other enforcement team officials, who alleged some people led by Ms. Das prevented them from conducting the eviction drive, misbehaved with them and abused them. Ms. Das and others also damaged the official vehicle and forcibly unloaded some seized goods, they claimed. The FIR was registered by the Officer in Charge of Doranda Police Station Mr. S Mahasha, and Sub Inspector Mr. Om Prakash Toppo was designated as the Investigating Officer in the case. It is clear that the police and enforcement team officials acted with malafide intentions to target the HRDs who were opposing the violation of laws protecting the interests of street vendors and hawkers. Police officials were present at incident spot and witnessed a large part of the arguments and counter-arguments. Yet, they registered an FIR against the HRDs immediately upon receiving the complaint from enforcement officers without even conducting a preliminary probe.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to Protest
- HRD
- Labour rights defender, WHRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Dec 9, 2021
- Country
- India
- Initial Date
- Nov 17, 2021
- Event Description
Police complaints filed against an Indian comedian for a monologue he gave on the different facets of India, along with the cancelation of a series of shows that were to be given by two other comics have raised concerns about a growing climate of intolerance in India.
Stand-up comedy has become hugely popular in recent years in a country where young, savvy audiences are growing. However, a swelling tide of nationalism has also brought comedians under fire for jokes that poked fun at politicians, appeared to demean the country, or made references to religion or national icons.
The latest uproar was triggered by a six-minute speech given by one of India’s top comedians, Vir Das, in Washington in November at the end of a show.
He said that he came not from one India but two Indias. “I come from an India where we worship women by day and gang rape them at night,” he said.
"I come from an India where we take pride in being vegetarian, and yet run over the farmers who grow our vegetables," went another line referring to the deaths of eight people in October when a car linked to a federal minister allegedly ran over several people during a protest of controversial farm laws.
As the speech went viral on social media, many hit out at him for what they said was vilifying the country while others supported him for the hard-hitting satire.
Two people associated with the ruling Hindu nationalist Bharatiya Janata Party filed police complaints against him – Aditya Jha, a party spokesperson in Delhi, and Ashutosh Dubey, a lawyer who said he is associated with the party. They accused the comedian of making derogatory statements against India and Indian women and maligning India’s image internationally.
Delhi BJP vice-president and spokesperson on Wednesday, November 17, 2021, filed a complaint against actor-comedian Vir Das at Tilak Marg police station alleging that he used ‘derogatory’ statements against the country on an international platform maligning the image of women and India.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of expression Online
- HRD
- Artist
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Dec 6, 2021
- Country
- India
- Initial Date
- Oct 13, 2021
- Event Description
Tipu Sultan, alias Mustafa Kamal, a former student leader at Visva Bharati University and a left-political activist was arrested by West Bengal police in a five-year-old case under the draconian Unlawful Activities Prevention Act (UAPA).
On Wednesday, the cops in a midnight raid, stormed the house of Tipu Sultan and whisked him away from his residence in Gurupally, Santiniketan in Birbhum district, according to a GroundXero.in report.
Tipu was produced in Jhargram court on Thursday and the court remanded the activist in police custody for seven days.
The family members, activists and several rights organisations condemned the arrest and have alleged that Tipu has been falsely tagged to a five year old case with the sole purpose of harassing and intidiminate him into silence.
When the time of midnight raid and subsequent arrest, Tipu was not given a custody memo as per Section 50 of the Criminal Procedure Code and the police did not say where he was being taken or whether he was arrested or not, Groundxero.in reports.
Human rights organisations Association for Protection of Democratic Rights (APDR), Committee for the Release of Political Prisoners (CPDR)- WB, anti-fascist citizen’s forums and student organisations have demanded his immediate release.
Rights groups alleged that the left activist was not produced in court within the mandatory 24 hours of his arrest and the police falsely showed his arrest on 13/10/2021.
“The manner of the arrest of Tipu and slapping of UAPA shows the Mamata Banerjee government is no different from BJP when it comes to dealing with political opponents and dissidents in her state,” read a solidarity statement.
Five year old case
In 2016, Belpahari police had arrested a youth named Jairam Murmu allegedly with a weapon and a poster bearing the Maoist party name. A case was filed against him under the draconian UAPA. However, there was no investigation into the incident from 2016 to 2021. Jairam was released within a year and now he is doing a job.
Tipu’s colleagues and family members allege that his name has been tagged into that “dormant case and he has been arrested now.”
“January 2016! We were college-going kids holding street corners. And weapons? The only weapons we had was our consciousness and the zeal to work for an egalitarian society. Needless to say, these are the weapons they fear the most. As for guns and bombs : none have been seized from him. After an illegal arrest they tagged him in a case that dates back 5 years! The ridiculousness of the charges is limitless,” one of Tipu’s friends said to the news website.
Second arrest
In November 2018, Tipu Sultan was arrested along with three other student leaders by the West Bengal police from Jangalmahal.
The police had claimed that Tipu and friends were “Maoist operatives” and the police recovered “Maoist leaflets” from their possession.
All four were charged under sections 149 (unlawful assembly), 120 (concealing design to commit offence), 121 (waging, or attempting to wage war), 122 (collecting arms with intention of waging war), 124A (sedition) of the Indian Penal Code.
One year after the arrest, Tipu was released in 2019, as the police couldn’t produce even a chargesheet against him in court.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 30, 2021
- Country
- India
- Initial Date
- Nov 15, 2021
- Event Description
About the Human Rights Defender: Mr. Abdul Rashid is a resident of Kirdoli village in Sikar district of Rajasthan. He has filed RTIs with regards to development works in his village and has helped victims of atrocities seek justice. Background of the Incident: Approximately three months ago, Mr. Rashid had filed RTIs seeking information on the allotment of pattas (land titles) in his village of Kirdoli. On November 14, 2021, the first appeal officer provided information on the same which showed that the pattas had been allotted to benefit the current sarpanch of the panchayat at Kirdoli, Ms. Haseena and her family. The RTI also revealed that the inquiry officer at district development office had found the panchayat guilty of the act. Details of the Incident: On November 15, 2021, Mr. Rashid and his friend Mr. Javed were on their way to Sikar from their village Kirdoli. At around 9 AM, about 200 meters from Chailasi Bus Stand, a white SUV (Scorpio) overtook their car and blocked their way. At the same time, another SUV (Bolero) blocked the path of the car from behind. Around 10 - 12 men emerged from both the SUVs armed with sticks, iron rods and pipes. They pulled the HRD out and started beating him with the intent to kill. They also smashed his car. One of the assaulters that the HRD could identifi was Mr. Imran, who tried to hit the HRD on the head, but the HRD managed to shield himself by raising his arms. His friend tried to stop the attackers but was also beaten up by the group. The group inflicted multiple blows to the HRD’s hands and legs. The attackers openly told the HRD that they had been sent my Mr. Maksood, who is the husband of the Sarpanch Ms. Haseena. During the attack men in the group told him that the attack was a consequence of his RTIs against them. The brutal attack rendered the HRD unconscious. His friend, Mr. Javed, called up other friends and relatives and the HRD was rushed to SK Hospital in Sikar. The doctors stated that his situation was grave and shifted him to Sawai Mansingh Hospital in Jaipur, where he received treatment for his injuries. Bones in both his hands and legs were broken as result of the attack. He is currently recovering from his injuries. On November 15, 2021, since the HRD was in an unconscious state, his friend, Mr. Javed, filed an official police complaint based on which the police registered an FIR (0400) at Sikar police station under sections 143 (unlawful assembly), 323 (causing voluntary hurt), 341 (wrongful restraint), 327 (voluntarily causes hurt, for the purpose of extorting from the sufferer), 427 (Mischief leading loss and damage). Till date, the police have only arrested two persons involved in the incident, while the Sarpanch and her family continue to be out. According to the HRD, among the group of men there were nephews of Mr. Maksood - Mr. Ekram and Mr. Nizamuddin. Mr. Nizamuddin’s son Mr. Javed was also part of the group. The way the attack was carried out shows a clear intent to kill the HRD. The police, however, have not shown the alarm and urgency that such a heinous assault should register. The attackers should be booked and arrested under section 307 (attempt to murder), which is a non-bailable offence as well as a cognizable offence.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to information
- HRD
- RTI activist
- Perpetrator-Non-State
- Non-state
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Nov 30, 2021
- Country
- India
- Initial Date
- Nov 22, 2021
- Event Description
THE NATIONAL Investigation Agency (NIA) on Monday arrested human rights activist Khurram Parvez in Srinagar in connection with a case filed under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA), including terror funding.
Earlier in the day, the NIA raided Parvez’s residence and also carried out searches at the office of the Jammu and Kashmir Coalition of Civil Society (JKCCS) in Srinagar. Parvez is the programme coordinator of the JKCCS, a federation of human rights groups and individuals working in J&K founded in 2000 by human rights lawyer and activist Parvez Imroz.
While Parvez was initially detained for questioning, the NIA formally arrested him in the evening. The arrest memo says he was arrested in the case, FIR RC-30/2021/NIA/DLI filed on November 6, under IPC Sections 120B (criminal conspiracy), 121 (waging, attempting to wage, abetting waging of war against the government), and 121A (conspiracy to commit offences punishable by Section 121); and Sections 17 (raising funds for terrorist act), 18 (conspiracy), 18B (recruiting of any person or persons for terrorist act) and 40 (raising funds for a terrorist organisation) of the Unlawful Activities (Prevention) Act. Sources said Parvez’s family was informed about his arrest in the evening, and he is likely to be taken to New Delhi on Tuesday. The arrest memo says his brother, Sheikh Shaharyar, was informed about his arrest.
In October last year, the NIA had raided Parvez’s residence and office in Srinagar, along with the residences of several activists and journalists. Following the protests after the killing of militant commander Burhan Wani in 2016, Parvez was booked under the Public Safety Act (PSA) by the then Mehbooba Mufti-led government.
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to privacy
- HRD
- Minority rights defender, NGO, NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: Kashmiri activist blocked from leaving the country, India: NGOs, their staff raided by security agency
- Date added
- Nov 22, 2021
- Country
- India
- Initial Date
- Nov 17, 2021
- Event Description
Police in Indian-controlled Kashmir on Wednesday detained relatives of two civilians killed in a controversial gunfight after the families staged a protest in Srinagar demanding that local police return the bodies for traditional burial.
The two civilians were among four people killed in a shootout with government security forces in Indian-administered Kashmir earlier this week, and their families have accused those troops of lying about how the raid unfolded.
Police say the civilians died in the crossfire between government troops and rebels. But witnesses and families of the civilians say Indian troops used those civilians as human shields during the standoff.
On Tuesday, police in the disputed region’s main city said that four people were killed in the raid.
The fight, according to police, left dead a foreign "terrorist," Hyder — whose alias, according to police, is Bilal Bhai — along with his "associate," Aamir Ahmad, and "two sympathizers," Mudasir Gul and Altaf Ahmad Bhat.
Vijay Kumar, police inspector general for the Muslim-majority Kashmir region, told reporters that police had information about the presence of militants in the area.
"The joint teams of police, central reserve police force and army set up a cordon and searched," he said, adding that when government forces knocked on the door of a room where the militants were hiding, militants shot at them, and in "self-defense, troops opened fire."
The gunfight took place inside a three-story shopping center owned by Bhat, who sold cement and hardware on the ground floor. Gul rented the first floor, where he operated a construction business and a call center where he employed Ahmad as a helper.
'Gunfight was staged'
"I believe the gunfight was staged," eyewitness Mohammad Shafi told VOA. "Police have constantly changed their statements."
Shafi disputed the police claim of killing four people, including a foreign militant.
"Following the gunfight, I saw only three bodies being taken out from the building before leaving the spot,” he said. “I wonder, who was the fourth one?"
Another eyewitness, who requested anonymity for fear of retaliation, said he knew the three people killed, especially Bhat, who was a "classmate and neighbor." He believes all three were innocent civilians.
The eyewitness told VOA that police first rounded up everyone on the premises and led them to a nearby showroom.
"Then a few policemen asked [Bhat] and [Gul] to accompany them inside Bhat's building, and they obeyed," he said.
Police went inside and came back out multiple times before taking Gul's worker Ahmad inside as well.
Soon after, bystanders heard gunshots.
A picture of Bhat's bloodied body started circulating on local Facebook pages. Later, police tweeted that militants had been killed in the encounter.
'Human shield'
Journalist Saima Bhat, Bhat's niece, accused police of using her uncle as a human shield.
"You killed my innocent uncle Mohammad Altaf Bhat in cold-blooded murder in Hyderpora [neighborhood], you used him as human shield and now saying he was ‘OGW.’ Return us his body," she tweeted, using an acronym for "over ground workers," a regional colloquialism for people who provide logistical support to militants or terrorists.
Bhat's brother Abdul Majeed told VOA the authorities have falsely accused his brother of supporting militancy.
"I challenge the inspector general of police to prove that my brother was an OGW," Majeed said with tears in his eyes before criticizing police for risking the lives of ordinary citizens by including them in search operations.
"If [police and army] had information about the presence of militants, they should conduct their own searches without risking innocent lives," he said.
According to Majeed, Ahmad was a poor worker who did odd jobs for Gul.
"The first time government forces entered inside the building, they frisked [Ahmad] and asked him to wait downstairs,” Majeed said. “Had he been a militant, they would have nabbed him right then."
'At least return his body'
Gul, the third person killed in the fight, was a physician who had switched to the construction business. Police labelled him a "white-collar terrorist," but his family and friends called his killing "cold-blooded murder."
Gul's father, Ghulam Mohammad Rather, is calling for a judicial probe.
"My son had nothing to do with any militant organization," he said. "At least return his body so we can perform his last rites."
One of Gul's friends alleged that the police were "cooking up something" because they kept changing their statement.
Police account
Inspector Kumar says police approached the families of Gul and Bhat about participating in the burial.
"Since we have apprehensions of law-and-order problems, we cannot hand over bodies to families,” he said. “We took bodies to Handwara — some 90 kilometers from Srinagar — where burial took place."
In a statement, police said that two pistols were recovered from the site of the encounter, and that the call center in Bhat's building had been used for terrorist activities.
Police initially said both Bhat and Gul were injured and eventually killed by "terrorists firing," but later said that both men may have been caught in the crossfire between the alleged militants and police.
"I'm saying [Bhat] was killed in cross-firing,” Kumar said. “I'm not saying if he was killed by militants or if we fired at him. During the encounter, whose bullet hit him is a matter of investigation. If he was hit by a pistol bullet, then terrorists have killed him; if hit by AK rifle, then we can say he was hit by our bullet."
Demand for independent inquiry
The incident has sparked outrage across the valley, and various political parties have condemned it.
The former chief minister of Kashmir, Mehbooba Mufti, accused the Indian government of atrocities.
"Using innocent civilians as human shields, getting them killed in cross firing & then conveniently labelling them as OGWs is part of [the government of India's] rulebook now,” Mufti tweeted. “Imperative that a credible judicial enquiry is done to bring out the truth & put an end to this rampant culture of impunity."
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 19, 2021
- Country
- India
- Initial Date
- Aug 17, 2021
- Event Description
About the Human Rights Defenders: Ms. Gayathri Srikanth is a teacher, writer and women’s rights activist. She heads a Women’s forum called Iraivi Pengal in Puducherry, working against violation of women’s rights and for the welfare of the women in the community. Details of the Incident: On August 09, 2021, a woman victim went to the Lawspet Police Station in Puducherry to register a complaint against her husband for domestic violence. At the police station, Mr. Shanmugam, a police constable, harassed the victim by using inappropriate language describing her physical appearance and asked for an oil massage in return for helping her get a lawyer for her case. The victim left the police station and approached Ms. Gayathri Srikanth and told her about the harassment she faced at the Lawspet police station. To collect evidence against Mr. Shanmugam and to confirm his conversation with the victim at the police station, Ms. Srikanth asked the victim to call Mr. Shanmugam over the phone in her presence on August 11, 2021. The conversation of this phone call was recorded. On the same day, Ms. Srikanth then called the police station, complained to the SP that she had the evidence in form of recording and asked them to take a stern action against Mr. Shanmugam. However, no action was taken against him, and he was transferred to the armed forces dept on August 12, 2021. On August 16, 2021, the woman victim registered an FIR in the Lawspet police station against Mr. Shanmugam for harassment. Since then, on multiple occasions Mr. Shanmugam called both the victim and Ms. Srikanth over the phone and threatened them repeatedly. He also sent them malicious messages over social media and WhatsApp targeting saying that Ms. Srikanth was extorting the police for compensation regularly. He called and threatened victim’s husband and posted lewd and filthy messages regarding the victim in whatsapp groups. His harassment of the original victim and the WHRD has caused much mental agony to both the women. On August 19, 2021, Ms. Srikanth and the victim wrote an email complaint to the cybercrime police at Puducherry against Mr. Shanmugam for threats and malicious messages he had sent. On August 20, 2021, Mr. Shanmugam was suspended from duty. However, no FIR was registered against him by the cybercrime police. Furthermore, the cybercrime police told Ms. Srikanth that since article 66 (A) of the IT Act has been struck down, her complaint had been closed. On August 24, 2021, Ms. Srikanth wrote a letter to the Senior Superintendent of Police, Puducherry, asking for his help as there was no FIR filed by the cyber police on the incident but received no reply.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Online Attack and Harassment, Vilification
- Rights Concerned
- Access to justice, Right to healthy and safe environment, Right to protect reputation, Women's rights
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Nov 19, 2021
- Country
- India
- Initial Date
- Nov 9, 2021
- Event Description
The charred dead body of an RTI activist and journalist who had ‘exposed’ illegal medical clinics that were operating in his village was recovered on Friday night. The body of Buddhinath Jha, also known as Avinash Jha, was found five kilometres away from Benipatti village in the Madhubani district of Bihar, where the 22-year-old lived. He was working with a local Hindi news portal, BNN News Benipatti.
Buddhinath went missing on the night of November 9, when he left his house. He was last seen crossing the road near his clinic at around 9:58 pm that day, according to close circuit TV camera (CCTV) video footage. He was seen talking to somebody over the phone and pacing near the main road, according to the footage.
There was no information about his whereabouts after that. B.J. Bikash, his cousin, told The Wire.
Family members said they suspected the medical mafia’s role in the killing, as Jha – in his capacity as a journalist and transparency activist – had filed complaints against illegal clinics, resulting in the closure of some and fines against others.
Family members told The Wire, “When we went to his room in the morning, we found his bike near his clinic. His laptop was on, which means he planned to go out only for a few minutes.”
On November 10, his family members informed the local police. According to family members, his mobile phone was traced to a village around five kilometres away on the morning of November 10.
On November 11, Chandrashekhar Jha, his elder brother, lodged a complaint at the Benipatti police station. “My brother has been missing since November 9. His mobile phone is switched off,” the application says.
His complaint named 11 private nursing homes in the area, saying they may have played a role in Buddhinath’s disappearance as the journalist had filed complaints against them under the Public Grievances Redressal Act.
Meanwhile, his friends and relatives wrote about his disappearance on Facebook. On November 12, B.J. Bikash got a call from a village about five kilometres from Benipatti. “At around 6:41 pm, I got a call. The caller told me that a dead body has been found beside a state highway. We, along with the police, went there and found his charred body. We identified him and his body was cremated after a postmortem,” he says.
Arvind Kumar, SHO of Benipatti police station told The Wire, “We have taken a few suspects into custody. The matter is being investigated.”
Jha’s complaints and action on unauthorised clinics
Buddhinath Jha had exposed many unlicensed private clinics which were operating in the area. His complaints to district public grievances redressal officers had resulted in fines and actions against private clinics since 2020. In August this year, after Jha’s complaint, district health officials had searched eight private nursing homes which were allegedly run without proper licenses. Four clinics were slapped with a fine of Rs 50,000 each.
Some clinics had changed their address to evade action. The police had also lodged FIRs against some clinics.
Dr Sunil Kumar Jha, the civil surgeon of Madhubani district, confirmed that after Buddhinath Jha’s complaints, action was taken against unauthorised clinics.
His relatives said that he had opened a nursing home in 2019, where doctors from different areas would visit and treat patients. That had angered local doctors and they had got the clinic closed, he said. It was then that he decided to identify unauthorised clinics in the area and started filing RTIs and complaints, according to his relatives.
Trilok Jha, another elder brother, said, “Due to action taken against private nursing homes, the operators were angry. They had threatened him many times and also offered money if he stopped filing complaints. But he was adamant to expose them.”
Planned another campaign against illegal clinics
Buddhinath’s colleague Kanhaiya Kashyap told The Wire, “Despite the action taken by health officials, some illegal private clinics were still operating under new names. He was planning another round of complaints against them.”
“A week ago, Buddhinath told me that he will again start lodging complaints with health officials. On Facebook, he had posted on November 7 that the ‘game will start’ from November 15, indicating that he would file complaints against unauthorised clinics on that day,” Kashyap says.
“We suspect the medical mafia hatched a conspiracy and burnt him to death after kidnapping him,” Trilok Jha said.
When The Wire asked the station house officer (SHO) about the motive behind the murder, the officer said he will only comment when more information is available.
The opposition Rashtriya Janata Dal (RJD) party has criticised the Nitish Kumar government over Kha’s killing. It said, “Telling the truth and protesting against wrong actions is the biggest crime in the Nitish Kumar regime. People who are running the government have increased the morale of criminals and mafias for their own benefits.”
Bihar Congress chief Madan Mohan Jha also tweeted about the incident, saying, “Yesterday social worker Navin Jha and today RTI activist Avinash Jha have been murdered. Nitish Kumar ji, leave your last 15 years performance, show your performance now.”
RTI activists in the crosshairs
Jha’s murder has once again highlighted the dangers that transparency activists face in Bihar. In September, East Champaran-based RTI activist Vipin Agarwal was murdered in broad daylight when he was returning from the block office. He had filed more than 20 RTIs against government land encroachment.
More than 20 RTI activists have been murdered in the state since 2006. Rarely have the accused been brought to justice in these cases, which has only emboldened criminals, activists say. RTI activists have demanded security for those working in remote areas.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- RTI activist
- Perpetrator-Non-State
- Suspected non-state
- Source
- Monitoring Status
- Pending
- Date added
- Nov 18, 2021
- Country
- India
- Initial Date
- Sep 13, 2021
- Event Description
Mr. John Miran Munda is a well-known labour leader and President of the Jharkhand General Kamgar Union and the Akhil Bhartiya Krantikari Adivasi Mahasabha. A resident of Joda Pokhar area within the limits of Jhinkpani Police Station in West Singhbhum district, he has been raising important issues of public interest such as lack of rehabilitation and compensation for those displaced by the ACC Cement mines and factory in the district, and illegal mining by the company leading to loss of royalty to the state exchequer. Mr. Munda is a trade union activist and has a record of upholding and protecting the rights of marginalised tribal communities.
Background of the incident: In 2008, ACC Cement Limited began operations in West Singhbhum district and owns a cement factory and two limestone mines in that district, which displaced several hundred tribal families in Jhinkpani and Tonto blocks. The Jharkhand General Kamgar Union (JGKU), which has been leading the struggle for recognition of the rights of workers and tribal communities residing in the area since 2009, alleges that the company did not compensate land losers or provide them with jobs, routinely violated laws and legal provisions and engaged in illegal mining. As JGKU’s president, Mr. Munda had organised and participated in numerous peaceful rallies and agitations during this period, and met senior government functionaries as part of various delegations. He was also arrested and imprisoned on several occasions, most recently in March 2020, after the local police and factory administration filed fabricated cases against him. In recent months, media reports indicate that limestone reserves in ACC Cement’s existing mines in the district have been fast depleting, and the company was keen to acquire the lease for another mine. The JGKU and the Akhil Bhartiya Krantikari Adivasi Mahasabha (ABKAM) strongly opposed this move, and wrote to various government authorities highlighting the company’s record of flouting various laws and government orders and sought their intervention. On August 4, 2021, Mr. Munda wrote to the Governor of Jharkhand on the official letter pad of the ABKAM and the letter was co-signed by the Pradhan of Kondwa Gram Panchayat and four other land owners. The signatories alleged that the company was trying to expand mining activities forcibly in violation of important laws and government orders, and specified some of these in the letter: • They stated that ACC Cement Limited had violated Order no 20 of the ministerial council dated October 25, 2019, which mandated that mining on 63 acres of land acquired earlier be commenced within 12 months or the land be returned to the land reforms department. The company had also not compensated land losers. • They stated that while the company was obtaining a new lease for pit F3, it had issued appointment letters to only 45 out of 175 persons who lost their land to pit F2, whereas those who would lose land to pit F3 were not being considered for jobs. Further, a probe by the mines department found ACC Cement carried out illegal mining worth Rs 900 crore in pit F2 and the company was directed to pay a fine in court. • Given that West Singhbhum was a Schedule V area, the company’s failure in returning land for which lease had expired back to the original owners was rendering tribal communities landless and if the company continued to take over their land through the government, landlessness would increase manifold. Mr. Munda and others stated that the company’s agents were threatening and intimidating tribal villagers and trying to acquire the lease for pit F3 by flouting existing laws, and demanded that illegal mining and attempts to terrorise locals be halted, tribal land losers be duly compensated and provided jobs, and land on which lease had expired be returned to original owners. The letter was received and signed by the Governor’s office on August 6, 2021. Details of the Incident: On August 2, 2021, the Superintendent of Police (SP), West Singhbhum, Mr. Ajay Linda approached the District Magistrate (DM) Mr. Ananyan Mittal vide letter no 387/DCB, asking that externment proceedings be initiated against ‘notorious history-sheeter’ Mr. Munda as his presence was disturbing peace in the area.
The DM issued a show cause notice to Mr. Munda under Section 3 of the Jharkhand Crime Control Act, 2002 on August 19, 2021, enlisting 29 cases where he was named as accused, and asking him to explain why he should not be externed. The HRD appeared before DM on August 27, 2021, and stressed that he was not a criminal, but engaged in protecting the rights of workers and tribal villagers affected by the ACC mine and factory, and that influential contractors had filed many false cases against him, and he had been acquitted in several of these cases. Mr. Munda asked that he be provided with copies of all recent complaints against him pertaining to the show cause notice and 15 days’ time to respond to the same, and reiterated these points when he appeared before the DM again on September 7, 2021. Disregarding the HRD’s plea and without providing him with a copy of the complaints, on September 13, 2021, the DM issued an order externing Mr. Munda from the limits of Tonto and Jhinkpani Police Station areas for six months; he was also required to mark his attendance at the Jaraikela Police Station, located over 130 km from his residence in Jhinkpani, every day during this period. The order stated that Mr. Munda was closely involved with other criminals, terrorised people in the area, routinely collected levies from contractors and businessmen and incited workers at ACC Cement and tribal villagers, leading to frequent disruptions in mining activities and loss of revenue for the state exchequer. It listed 29 cases in which the HRD was named as an accused, and noted that “his activities were disrupting peace and harmony in the Tonto and Jhinkpani Police Stations and nearby areas.” Complying with the order, Mr. Munda took up a house on rent in Manoharpur under the limits of Jaraikela Police Station and has been marking his attendance at the police station every day since. He has also not ventured into Tonto and Jhinkpani Police Station areas. Mr. Munda’s absence in the mining area has dealt a heavy blow to the movement to protect the rights of tribal communities. Restricted from entering his area, Mr. Munda is unable to confer on a day-to-day basis with other activists about violations of existing laws and ways to counter them through democratic means. The implications of this are grave, especially because very few people in the area are educated or conversant with laws and state institutions. We firmly believe that the externment order was issued to Mr. Munda in reprisal for his activism, and with the intent of muzzling dissent against the illegal mining. All 29 cases against him were lodged in Tonto and Jhinkpani Police Stations on complaints by policemen or contractors, indicating possible collusion of the police in targeting the HRD. Meanwhile, the local administration has taken advantage of Mr. Munda’s externment from the area to organise mandatory public hearings so as to secure the mine expansion lease. On November 1, 2021, the DM of West Singhbhum issued a notice to village mundas (traditional tribal leaders) in the mouzas of Dhokatta and Kondwa, informing them that a public meeting regarding land acquisition for the ACC Cement mine was scheduled the very next day. Residents were not provided with any information regarding the project, its impact etc, nor given time to reach the meeting from villages located in remote, hilly areas, in violation of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Offline
- HRD
- Community-based HRD, Labour rights defender
- Perpetrator-State
- Judiciary, Police
- Source
Case shared by FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Nov 15, 2021
- Country
- India
- Initial Date
- Nov 3, 2021
- Event Description
Police in the Indian state of Tripura must immediately drop a terror investigation into journalists for their social media posts about anti-Muslim violence during the last week of October, the Committee to Protect Journalists said today.
In a complaint filed November 3, Tripura police claimed 102 social media accounts were responsible for spreading “objectionable news items/statements,” according to news reports and the police complaint reviewed by CPJ. CPJ has identified five of the 102 accounts under police scrutiny as belonging to journalists.
Tripura police allege the accounts violated the Indian Unlawful Activities Prevention Act (UAPA), an anti-terror law, and sections of Indian Penal Code including promoting enmity, forgery, and criminal conspiracy. If tried and convicted under the UAPA, the journalists face up to five years in prison with fine, according to Indian statutes
“Indian police in Tripura need to accept that reporting on sectarian violence, on Twitter or elsewhere, is a normal activity for journalists and hardly a crime,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “The police must stop harassing the journalists for doing their job and drop the terror investigations immediately.”
The social media probes come after a civil society-led fact-finding report found the Tripura government was complacent in controlling the violence in which mosques and properties owned by Muslims were vandalized, according to news reports and a copy of the police complaint reviewed by CPJ.
These are the journalists whom CPJ has identified as having their social media accounts investigated by police.
Meer Faisal, a journalist with news website Maktoob: The police pointed to a Twitter post by Faisal, in which he reported an October 28 attack on a Muslim man, as to why they are investigating him, Faisal told CPJ by phone. In addition to opening the investigation, Tripura police asked Twitter to block his account for violating India’s Information Technology law, which Twitter declined to do, citing its policy to defend and respect “the voice of its user,” according to Faisal and a copy of an email from Twitter to Faisal, which CPJ reviewed. Shyam Meera Singh, senior editor with news website Newsclick: The police pointed to a October 27 Twitter post by Singh in which he commented on the violence in Tripura, as the reason they’re investigating him, Singh told CPJ by phone. Police also asked Twitter to block his account for allegedly violating India’s Information Technology Act, which Twitter also declined to do, according to Singh and a copy of an email sent to Singh from Twitter, which CPJ reviewed. Singh regularly uses Twitter to comment and report on news events, according to a review of his tweets by CPJ. Sartaj Alam, freelance journalist with The Guardian, BBC, and The Telegraph: The police pointed to a now-deleted tweet by Alam in which he questioned the failure of the state government in controlling violence, according to Alam who spoke to CPJ by phone. “I’m a serious journalist who is very careful about his tweets. I have broken a lot of news on social media,” he said. “I’m shocked that the Tripura police claimed that I spread fake news through my handle.” Alam said neither police nor Twitter have contacted him. C.J. Werleman, global correspondent of London-based monthly newspaper Byline Times: The police named a tweet by Werleman in which he shared photographs and a report of a mosque allegedly set on fire. CPJ was unable to contact Werleman. The police also mentioned tweets by freelance journalist Arif Shah in their complaint, however CPJ was unable to find those tweets or contact information for Shah.
Currently, at least five journalists — Aasif Sultan, Siddique Kappan, Gautam Navlakha, Anand Teltumbde, and Manan Dar are imprisoned in India on allegations of violating the UAPA, according to CPJ documentation.
Today the Indian Supreme Court accepted a petition challenging the Tripura police’s investigation, according to news reports. The Tripura Police director general, V.S. Yadav, did not respond to CPJ’s email requesting comment.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 15, 2021
- Country
- India
- Initial Date
- Nov 14, 2021
- Event Description
Two journalists covering the recent anti-Muslim violence in Tripura were taken into police custody on Sunday on charges of spreading communal disharmony, ANI reported. The action has sparked widespread condemnation from press organisations. The channel they work for, HW News, and civil liberties activists have questioned the legality of their detention.
On Sunday morning, Tripura Police handed over the first information report to journalists Samriddhi Sakunia and Swarna Jha, filed on the complaint of a person named Kanchan Das. He had alleged that Sakunia and Jha made an “instigating speech” against the Hindu community and the Tripura government while visiting people from the Muslim community in the Unakoti district’s Paul Bazaar area.
In tweets posted in the morning, Sakunia and Jha alleged that they were being held captive in a hotel in Dharmanagar sub-division of North Tripura district. They finally managed to leave the state in the afternoon, but the police of neighbouring Assam detained them in Karimganj district and handed them over to the Tripura Police.
In a video statement issued on Sunday morning, Sakunia said that they were served a copy of the first information report on Sunday morning and more than 15 policemen were deployed outside the hotel where they were staying.
The police also took Aadhaar and transport details of the two journalists, Sakunia said.
Tension has been prevailing in Tripura after a mosque and several shops were attacked in the Panisagar sub-division during a Vishwa Hindu Parishad rally on October 26. The Hindutva outfit was protesting about the attacks on Hindus in neighbouring Bangladesh. The police have claimed that no mosque had been burnt in the violence.
In his complaint against the journalists, Kanchan Das had also said that Sakunia and Jha had blamed the Vishwa Hindu Parishad and Bajrang Dal for burning a mosque in the Paul Bazaar area.
The complainant alleged that the journalists were a part of the criminal conspiracy to damage the communal harmony of Tripura and malign the Vishwa Hindu Parishad and the Tripura government.
Meanwhile, in its statement on Sunday afternoon, HW News said that the police do not have a case against its journalists.
The statement said that section 46 of the Code of Criminal Procedure does not allow women to be arrested after sunset or before sunrise without the order of the magistrate. It said that this procedure was not followed by the police.
It cited Assam police saying that the two journalists will be taken back to Tripura for questioning. The statement said this was done despite police earlier allowing them to leave the hotel in Tripura where they were staying. The police had also given the journalists seven days to record their statement.
“This is sheer harassment and targeting of the press on the part of Tripura Police and Tripura Government to suppress us from reporting facts of the case,” the statement added.
Meanwhile, the Ministry of Home Affairs on Saturday said that no mosque had been damaged in Tripura, The Indian Express reported. The Centre denied reports of injury, rape or death in any clash in the state.
“There have been news reports that have been circulating that a mosque in Kakraban area of Gomati district in Tripura has been damaged and vandalised,” the ministry said in a statement. “These news reports are fake and are a complete misrepresentation of facts.” Police’s claims misleading: AltNews
Meanwhile, fact-checking website AltNews on Saturday reported that the Tripura Police’s claim of no mosques being vandalised in the state’s Panisagar town was incorrect. On October 28, the Tripura Police had made the claim in a statement replying to a tweet posted by Sakunia.
Sakunia had tweeted a video showing a Muslim man in an ambulance following an attack by unidentified people.
The police have maintained that no mosques were burnt and that images of the alleged incident shared on social media were fake. The police had shared the images of Rowa Jame Masjid to claim that no mosque was burned down.
However, AltNews said that multiple people, including local journalists, told the website that a mosque at the former Central Reserve Police Force camp in Panisagar was vandalised and torched.
This mosque is located about 3 kilometres away from the Rowa Jame Masjid, according to AltNews.
Besides AltNews, Al Jazeera and Article 14 had also shared images of the mosque in the former CRPF camp being torched.
- Impact of Event
- 2
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Judicial Harassment
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 15, 2021
- Country
- India
- Initial Date
- Nov 3, 2021
- Event Description
Two days after an independent fact-finding team of Supreme Court lawyers visited Tripura and expressed discontent at the incidents of alleged vandalism in houses, shops and a few mosques in the aftermath of the vandalism in Bangladesh, Tripura Police booked them under different charges, including criminal conspiracy, Unlawful Activities Prevention Act (UAPA) and asked for immediate deletion of social media posts and report before the police within November 10.
In a notice to the four Supreme Court lawyers from different organisations, including Lawyers for Democracy, National Confederation of Human Rights Organization (NCHRO) and the PUCL, Tripura Police Sub-Inspector Srikanta Guha said they were booked in a case with charges of promoting disharmony enmity or feelings of hatred between different groups on the grounds of religion, forgery, threatening, provocation to break public peace and criminal conspiracy under Sections 153A, 153 B, 469, 471, 503, 504 and 120B of the Indian Penal Code and Section 13 of the Unlawful Activities Prevention Act (UAPA).
The case was registered at the West Agartala Police Station on November 3 against social media posts purportedly circulated and statements made by the lawyers during their visit to Tripura.
During a visit here Tuesday, a fact-finding team comprising advocate Estesham Hashmi, a Supreme Court lawyer, advocate Amit Srivastav, Co-ordinator of Lawyers for Democracy, NCHRO national secretary Ansar Indori and PUCL member Mukesh Kumar claimed minority communities were targeted at Panisagar in North Tripura and alleged their houses were ransacked, women were misbehaved with and mosques were attacked.
The team visited Tripura for three days and went to areas of alleged attacks on minority communities in the aftermath of religious vandalism at Durga Puja pandals and temples in Bangladesh.
The lawyers demanded the police to register separate complaints filed by each victim, compensation for damage sustained in the alleged attacks, reconstruction of damaged religious places, action against people spreading fake news on social media, action on officials who might have failed to take proper steps during the purported cases of violence and initiate a judicial probe.
The notice claimed the statements were made for “promoting enmity between religious groups” as well as “provoking the people of different religious communities to cause breach of peace”.
“During the investigation, your involvement has been found in connection with the case. As such, there are reasonable grounds to question you to ascertain the facts and circumstances relating to the case. Hence, you are hereby asked to immediately delete these fabricated and false statements/comments made/circulated by you in the social media and also to appear before the police by November 10,” said a notice police sent to the lawyers.
In a video message Wednesday, DIG (Southern Range) G K Rao had said, “Some mischievous incidents” have been happening in the state since the last few days.
“There were some minor losses of property and some incidents of disturbance occurred. Tripura Police registered 11 cases filed earlier, including four in North Tripura, three in West Tripura, one in Gomati district and three cases in Sepahijala district,” the official said.
The official also said five persons were arrested so far in connection with these cases and notices were served to three others to appear before the police.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Censorship, Judicial Harassment
- Rights Concerned
- Internet freedom, Online
- HRD
- Lawyer
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 9, 2021
- Country
- India
- Initial Date
- Oct 18, 2021
- Event Description
The Chairman of Kashmir Institute of International Relations (KIIR), Altaf Hussain Wani and the Chairman of Pasban-e-Hurriyat Jammu and Kashmir, Uzair Ahmad Ghazali have condemned the torture of veteran rights activist, Muhammad Ahasan Untoo by Indian forces in Indian illegally occupied Jammu and Kashmir.
Altaf Hussain Wani in a statement issued in Islamabad, while highlighting Untoo’s peerless contribution in highlighting Indian brutalities and the plight of common Kashmiris, said that the IFJHR chairman had been tortured and incarcerated many times in the past for his human rights activism. “He is one of the bold and brave voices of the territory who is being victimized just for standing up for the rights of common Kashmiris, calling spade a spade and speaking truth to the power”, Wani said
Urging the world human rights organization to take effective notice of the Indian brutalities, he said that the BJP government was hell bent on silencing every dissenting voice in Kashmir. “Intimidation, torture, arbitrary arrests of rights defenders and terrorizing their families remain to be one of the extreme measures the Indian government has been using as a state policy to enable complete silence on Kashmir and to subdue critical voices who dare to speak truth to power”, Mr. Wani said adding that it was high time that the world should break its silence and hold Indian government accountable for the past and ongoing human rights abuses in the region.
Uzair Ahmad Ghazali in a statement in Muzaffarabad said that the Indian agencies were using force to silence every voice for freedom and justice in the disputed state. He said that violence against a well-known human rights activist, Ahsan Untoo in the occupied territory was a heinous crime and urged the international community to take note of the deteriorating human rights situation in IIOJK.
It is worth recalling here that Mr. Untoo’s was ruthlessly thrashed and beaten to a pulp by the CRPF and police cops on October 19 while he was on a private visit to Watergam village of Rafiabad area of Baramulla district. He has been under fire over the role he played in exposing India’s dodgy and destructive role in Kashmir. His organization (IFJHR) is a regular contributor to the human rights mechanism especially sending parallel reports to Universal periodic reviews.
Earlier, Untoo received death threats from unknown and unidentified numbers, especially after attending an online webinar organized as a sideline event of 48th Session of UN Human Rights Council.
In Indian illegally occupied Jammu and Kashmir, the Jammu and Kashmir Peoples Freedom League (JKPFL) and Jammu and Kashmir Young Mens League have condemned an attack by Indian police and RSS goons on human rights activist, Muhammad Ahsan Untoo.
The JKPFL spokesman in a statement issued in Srinagar deplored that Muhammad Ahsan Untoo was thrashed for raising the question of Indian oppression before the press.
He warned that killings, fake encounters, arrests, forced disappearances and termination of employees from services had reached a horrible stage, with daily search operations and persecution by the Indian infamous National Investigation Agency (NIA) as a permanent reprisal policy, but the world was not taking due notice of these tragedies, which was highly deplorable.
The spokesman urged the world human rights institutions and the UN Secretary General to take cognizance of the grim situation in IIOJK by stopping India from perpetuating terror in the territory.
He also paid glowing tributes to the Bijbehara martyrs of 22 October 1993.
Vice Chairman of Jammu and Kashmir Young Men’s League, Zahid Ashraf in a statement, denouncing the attack on Muhammad Ahsan Untoo, said that the world community and international human rights bodies must take notice of the Indian state terrorism.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Vilification, Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 5, 2021
- Country
- India
- Initial Date
- Oct 16, 2021
- Event Description
Members of farmer unions in several parts of western Uttar Pradesh and Awadh region carried placards demanding the resignation of MoS Mishra, whose son Ashish Mishra allegedly mowed down farmers in Uttar Pradesh's Lakhimpur Kheri on October 3, leaving four of them dead.
The delay in action against Union Minister of State (MoS) Ajay Mishra, whose convoy had allegedly run farmers at Banbirpur in Tikonia village, Lakhimpur Kheri district during a black flag protest, has outraged thousands of farmers, who on Saturday took out a protest march in Uttar Pradesh against the BJP government and burnt effigies of its leaders on Dussehra.
The farmer outfits burnt multi-headed Ravana-like effigies of Prime Minister Narendra Modi, pinned with faces of Home Minister Amit Shah and Uttar Pradesh Chief Minister Yogi Adityanath under a national call given by the Samyukta Kisan Morcha (SKM), a national-level collective of farmer unions.
The effigies read out in Hindi: “I am Narendra Modi, I am anti-farmer.” As it burnt, slogans were raised against the government, demanding the repeal of three contentious farm laws and a law guaranteeing Minimum Support Price (MSP).
Members of farmer unions in several parts of western Uttar Pradesh and Awadh region carried placards demanding the resignation of MoS Mishra, whose son Ashish Mishra allegedly mowed down farmers in Uttar Pradesh's Lakhimpur Kheri on October 3, leaving four of them dead.
“Keeping up with the spirit of the festival—the victory of good over evil—we burnt effigies that symbolised BJP, PM Modi and CM Yogi as evil. The reason behind this is that both Central and State governments have forgotten all democratic values and are working to benefit select corporates while they act against farmers,” Narendra Malik, a farmer leader of Bharatiya Kisan Union (BKU) told Newsclick.
Voicing dissatisfaction over the probe into the Lakhimpur Kheri violence, Mukut Singh, UP state secretary of All India Kisan Sabha (AIKS) said, “the farmers’ agitation will get stronger, and their voice louder till MoS Ajay Mishra is sacked from his post and arrested. We will not let the farmers’ sacrifice go to waste,” Singh told Newsclick, adding that “Yogi government’s hatred for farmers is evident. Whenever they raise their voices, either police opens fire on them or they are put under house arrest. Even their leaders are trampled under vehicles.”
Meanwhile, to prevent farmers from burning effigies, more than 100 farmers leaders have been allegedly put under house arrest in Meerut, Bulandshahr, Aligarh, Agra, Etawah, Rampur, Sitapur and other districts.
Choudhary Savit Malik, president of Kisan Union, who claimed to be put under house arrest ahead of SKM’s call to burn effigies, claimed that dictatorship, not democracy prevailed in the country, with farmers being “systematically attacked” by the state.
“Ajay Mishra was responsible behind the conspiracy to eliminate farmers at Lakhimpur. He gave a provocative speech that incited violence against farmers. But instead of taking action against him, the Yogi government put farm leaders on house arrest and implicated false cases against them,” said Malik.
In Hastinapur, adjacent to Meerut, officials of the Bharatiya Kisan Union tried to burn an effigy of the Central government on Saturday. However, the police reached the spot and snatched the effigy from BKU workers. During this, BKU workers also had a heated argument with the police. Nearly a dozen farmers were put under house arrest.
Farmer unions said that almost every prominent leader in the state was put under house arrest by the UP administration to thwart any plans of effigy burning.
Meanwhile, members of the Socialist Party (India) led by general secretary Sandeep Pandey on Friday were detained by the police when they had gathered near Shaheed Smarak in Lucknow to burn the effigies of Prime Minister Narendra Modi and Union Home Minister Amit Shah in the wake of Lakhimpur Kheri violence.
“As soon as we reached Shaheed Smarak and were about to climb the stairs for the event, a group of police landed at the spot and stopped us from proceeding further. We were protesting in a democratic manner on the call of SKM, and still, the police detained us,” said Pandey.
In Sitapur and Bahraich, effigies of BJP leaders were burnt in several blocks of the district including grain markets.
“Out of the 19 blocks in Sitapur, effigy burning took place in 12 blocks including Akbarpur, Jhariya, Jagamalpur and Nevada in a peaceful manner. Anger among farmers was palpable against the current regime for shielding Ajay Mishra, and its autocratic behaviour for harassing farmers. The Lakhimpur Kheri incident united peasants. The battle against this government will continue till the three agricultural laws are withdrawn,” Brij Bihari, general secretary of Mazdoor Kisan Manch told Newsclick.
“The ruling government is the biggest Ravan in today’s time, as they are ignoring the legitimate demands of farmers due to a stubborn attitude. Hundreds of farmers have lost their lives, but the authoritarian government has not broken its silence,” Bihari said.
Demonstrating at the Rambagh intersection in Agra has cost the officials and workers of the Bharatiya Kisan Union (Lok Shakti). The police arrested seven of its office-bearers; later, however, these leaders got bail.
SKM will hold up rail traffic for six hours on October 18, to protest against lack of action against Union Minister Ajay Mishra.
BKU’s Harinam Singh Verma shared how preparations for Rail Roko had already begun. “Farmers from every district will stage blockades on their nearest rail lines. We will not get justice if Mishra remains the Union Minister. So, unless he is sacked, we are going ahead with our Rail Roko programme.” Verma said, adding that a grand Mahapanchayat is scheduled to be held in Lucknow on October 20, for which, preparation is underway.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Restrictions on Movement
- Rights Concerned
- Freedom of assembly, Freedom of movement, Freedom of expression Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, Land rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 3, 2021
- Country
- India
- Initial Date
- Sep 18, 2021
- Event Description
The family of RTI activist Rai Singh Gurjar, who died in a road accident last week, has alleged foul play, claiming he was killed by people he had exposed in graft cases over the last five years. Police have registered a case of murder against four to five people on the basis of a complaint lodged by Gurjar's family and began a probe. However, they said it appeared to be a case of accident and the exact cause will be known after receiving the postmortem report. The deputy sarpanch of Titarwasa gram panchayat in Jhalawar district suffered a critical head injury in a road accident late Saturday night and died during treatment. In September 2019, the 27-year-old RTI activist had raised his voice against corruption in developmental work being carried out in Titarwasa gram panchayat, which was adopted by Vice President Venkaiah Naidu under the MP model village scheme in May 2017. Later also, he continued to speak against corrupt practices by local officials and public representatives. On Saturday night, Rai Gurjar suffered a critical head injury after his motorbike was hit by an auto rickshaw in Madhopura village. He was rushed to Jhalawar district hospital, where he succumbed to injuries during treatment later in the night. "There was no mark of injury or scratch all over the body but a deep wound into his head and no mark of accident all over the place, where the accident reportedly occurred on Saturday night,” Sujan Singh Gurjar, brother of the RTI activist said. "The deep wound into his head apparently appeared to have been lashed with some sharp weapon," he said, alleging his brother was attacked with a sharp weapon and was murdered as he had been pursuing to expose corruption at various levels in different government projects being carried out in the area. The murder was projected as a road accident, Sujan Gurjar claimed, adding that he lodged a complaint with the police on Sunday against Titarwasa gram sevak Chandra Singh, village sarpanch Kalulal Bheel, who is an accused in a graft case, Dinesh Patidar, who is involved in illegal transportation of soil, and Naipal Singh, a resident of Titarwas village. An FIR was registered under sections 302 (murder) and 34 (acts done by several persons in furtherance of common intention) of the IPC against four to five persons, SHO at Jhalrapatan police station Jitendra Singh Shekhawat said. The body was handed over to the family members after postmortem on Sunday and the exact cause of death would be clear only after receiving the postmortem report, the SHO said. Shekhawat, however, said it appeared to be a case of accident.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- RTI activist
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Nov 3, 2021
- Country
- India
- Initial Date
- Jun 5, 2021
- Event Description
Mr. Kaleem Ansari (51) is a disabled person and social activist. He has been working for education, social justice and tribal rights for 30 years. He and his wife also run an institute where underprivileged children are given free education. Mr. Ansari is paralyzed and uses a wheel chair with an attendant for mobility.
Ms. Amina Khatoon (16) is the minor daughter of Mr. Kaleem Ansari.
Background of the Incident: Mr. Ansari had been working for Dalit and tribal rights in the locality for 30 odd years. He has also been an active participant in anti-CAA citizen protests in Sonbhadra. In 2019, during the anti-CAA protests, his house was ransacked by the police and extreme pressure was put on him not to take part in the peaceful citizen protests. In 2020, he along with 5 other HRDs, was picked up by the local police and tortured in the police station all night. The draconian Gunda Act was imposed on him by the police which he is fighting against in the court of law.
Details of the Incident: On June 05, 2021 around noon, some social workers including Mr. Kaleem Ansari submitted a peaceful memorandum against three farms law to the Sub Divisional Magistrate of Robertsganj. Following this, Mr. Ansari was going for his physio-therapy on his wheelchair with his daughter as an attendant. As he was about 200 metres away from the physiotherapy clinic, Mr. Yogendra Singh, in-charge police chowki Robertsganj police station, along with a few other policemen in uniform, stopped them near the municipality office and started slapping and assaulting Mr. Ansari. When his daughter tried to stop the policeman and asked him the reason for beating her father; Mr. Singh abused the HRD with slurs saying “langda bahut haraami hai” (the lame man is a Bas****); “bahut shor machata hai” (he makes a lot of noise); “Muslims-Dalits ke Hamdard bantey ho” (he is a sympathiser of Dalits and Muslims) etc. As Mr. Ansari’s daughter tried to stop the policemen, Mr. Singh he also slapped her, abused her verbally, grabbed her hair and pushed her down on the street. He forcibly climbed on the child’s body and snatched her mobile. After snatching their mobile the police left, leaving the disabled father and his minor daughter on the street. Beaten and shocked, Mr. Ansari and his daughter got up and went to the Ashirwad Physiotherapy Centre which was about 200 metres away and Mr. Ansari’s regular physiotherapy clinic. Around 2 pm, as Mr. Ansari was being given treatment in the physio-therapy clinic, several police jeeps stopped outside with 30-35 policemen along with circle officer, inspector and chowki in-charge. The policemen first turned off the CCTV cameras when they entered the clinic. Inside the clinic, Mr. Singh abused and slapped the minor daughter, at which Mr. Ansari protested and then 3-4 policewomen came inside and the SHO told them “maro isey” (beat her) to assault the child at which the policewomen slapped the child repeatedly. After that the policemen started punching and slapping Mr. Ansari and took both the father-daughter duo forcibly to Robertsganj police station in a police jeep without any due procedure or paperwork. In the jeep, they were abused further, and after reaching Robertsganj police station, they were taken to two separate rooms. In one room Mr. Ansari was beaten with kicks, punches, sticks and belts by 3-4 policemen including SHO and Mr. Singh. In the other room his daughter was also beaten. They were also given casteist, religious and lewd abuses by the policemen. Around 4 pm, Ms. Khatoon was released by the police; but between 4:30 pm to 6 pm Mr. Ansari was taken to the hospital for a cursory medical check-up, then taken to the magistrate and sent to Sonbhadra Central jail around 6 pm. The police did not inform his family or relatives nor did they give an arrest memo or FIR. On June 05, 2021, an F.I.R (274/21) was filed by Mr. Singh against Mr. Ansari, under IPC sections 332-Voluntarily causing hurt to deter public servant from his duty, 353-Assault or criminal force to deter public servant from discharge of his duty, 504-Intentional insult with intent to provoke breach of the peace, 506-Punishment for criminal intimidation, 427-Mischief causing damage to the amount of fifty rupees and 336-Act endangering life or personal safety of others. On June 09, 2021, Mr. Ansari was released from the prison. On September 22, 2021, Mr. Ansari, his wife and his minor daughter was sent a notice by the district administration under IPC 107/16 to give reason as to why they should not be made to submit a bond of 1 lakh each for provoking breach of peace. Mr. Ansari objected to the notice and wrote a rejoinder to it. On October 15, 16, 18, 2021, Mr. Ansari was again house arrested in his home by the local police, as the farmers agitation peaked.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification, Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security, Right to protect reputation
- HRD
- Community-based HRD, Family of HRD
- Perpetrator-State
- Police
- Source
Case shared by HRD Alert India - from FORUM-ASIA member People's Watch
- Monitoring Status
- Pending
- Date added
- Nov 3, 2021
- Country
- India
- Initial Date
- Sep 23, 2021
- Event Description
An East Champaran-based Right to information (RTI) activist who had raised the issue of illegal encroachment by land mafias in the district through his queries was shot dead in broad daylight on Friday.
45-year old Vipin Agarwal had gone to Harsiddhi block for some work when unknown assailants shot him and fled. He was taken to hospital in Motihari around 30 km away, where he was declared dead on arrival.
He was a resident of Harsiddhi panchayat and had been working as an RTI activist for more than a decade. Apart from his activism, he also ran a business.
“Four bullets were fired at him,” Pramod Paswan, SHO of Harsiddhi police station told The Wire.
He said that Vipin was going to the block office for some land-related matter around 11:30 am that day when two bike-borne criminals fired on him and fled.
The district SP has formed a special investigating team (SIT) to probe the matter.
According to family members, Vipin was continuously raising the issue of land encroachment. He had last year requested police protection as his house was attacked by unknown persons.
“He had filed many RTI queries regarding encroachment of government land in Harsidhi,” his father Vijay Agarwal said. “Last year, my house was attacked. We had informed the local police about it, but nothing was done.”
Targeted for a long time
According to locals, Vipin had filed many RTI applications, and in some cases, action was initiated which might have irked the land mafias.
Family members said that he had been targeted by the local administration as well as encroachers for some time.
He was arrested in 2015 for allegedly selling grain and rations available under government PDS. His family believes the charges against him were trumped up, in order to discourage him from exposing corruption.
On July 5, 2015, his wife Monica Devi had written a letter to the DM (district magistrate) when Vipin was in jail.
The letter said, “He had recently complained of irregularities against a local PDS dealer. His allegation was proved right and the licence was cancelled.” She had also mentioned that government land in Harsiddhi market was encroached upon by influential persons.
“On June 3, the dealer and a few land mafias together framed him for black marketing government ration and got him arrested,” she wrote in the letter.
He also filed a case in the Patna high court in 2013 over eight acres of land in the Harsiddhi market, which belongs to the government.
According to his relatives, he had first sought RTI response on the encroached land and then provided documents to district officials for further action. But the administration didn’t act. Then he filed a case at Patna high court. The court had issued notice to 90 persons to vacate the government land.
The Harshiddhi SHO said, “He was an RTI activist and around dozens of illegal houses which were built on government land were razed. Another case related to encroachment is pending with Patna high court.”
Areraj DSP Abhinav Dhiman, who is heading the SIT, said: “We have been conducting raids in search of the suspects. The matter looks to be related to land encroachers.”
Opposition parties demand security for RTI activists
Opposition parties have criticised the Nitish government after the news came to light.
CPI(ML) Liberation leader Kunal said, “We have sent a team to investigate the reason behind his murder. But the way RTI activists are being murdered in the state is a serious issue. We condemn the murder of Vipin Agarwal. Police should investigate the matter and arrest culprits.”
“RTI activists bring truth which exposes the government, administration and mafias. So they are angry with them. We demand security for RTI activists to be provided across the state”, he said.
RJD leader Nawal Kishore told The Wire, “RTI is the strongest weapon to expose corruption. Good governance will be a reality only when RTI activists act fearlessly. But in Bihar the murder of RTI activist shows that the government is not protecting RTI activists.”
“Police should immediately arrest the culprit and state government should ensure RTI activists’ security,” he said.
’20 RTI activists murdered since 2006′
Bihar has been notorious for the murder of RTI activists. Last year in January a Patna-based RTI activist Pankaj Kumar was murdered by unknown criminals. He too was active against encroachment of government land.
The first reported murder of an RTI activist in Bihar took place in the year 2010. Shashidhar Mishra, a resident of Phulwaria village in Begusarai, was shot dead near his house on the night of February 14, 2010. He exposed several scams and had sent out 1,000 RTI applications in a span of two years.
Since then, there have been reports of RIT activists being murdered almost every year.
So, far around 20 RTI activists have been murdered in Bihar, according to Shiv Prakash Rai, who is also an RTI activist and is the convenor of Nagrik Adhikar Manch.
“The state information commission should have stood by the side of RTI activists, but it is working for the state government. RTI activists are being humiliated by the information commission when they seek information. This gives criminals and land mafias a sense of state protection, so they are committing murders. The state government is completely failing in protecting RTI activists,” he told The Wire.
Bhagalpur-based RTI activist Ajit Singh told The Wire, “Bihar has become a risky place for RTI activists. The system has collapsed.”
“Many times I had written letters to the home ministry asking the state government to protect RTI activists. The home ministry writes a letter to the Bihar government, but the administration does not act,” he said.
“The irony is such that out of dozens of murders, only in one case, culprits were punished,” Shiv Prakash Rai said.
Rohtas-based RTI activist Narayan Giri says, “I was framed in a molestation case by police for exposing their wrongdoings which had resulted in departmental inquiry and fine against top district police official. Later, charges against me proved false.”
“But this is not an isolated case. We are being harassed continuously,” he said.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- RTI activist
- Perpetrator-Non-State
- Suspected non-state
- Source
- Monitoring Status
- Pending
- Date added
- Nov 1, 2021
- Country
- India
- Initial Date
- Oct 13, 2021
- Event Description
Since October 8, authorities in Jammu and Kashmir have detained four journalists, subsequently releasing two of them, and questioned one other, according to various news reports and other people familiar with the incidents, who spoke to CPJ via phone.
The five journalists are:
Salman Shah, editor of Kashmir First, the online weekly magazine of the privately owned news website The Kashmiriyat Suhail Dar, a freelance journalist contributing to the privately own news website The Kashmiriyat and the privately owned Urdu-language newspaper Sach News Mukhtar Zahoor, a freelance journalist contributing to the BBC Majid Hyderi, a freelance journalist and commentator Sajad Gul, a freelance journalist contributing to privately owned news websites The Kashmir Walla, Maktoob Media, and Mountain Ink
Authorities formally arrested Dar and Shah yesterday, and both remain detained at Anantnag district jail, according to news reports and family members of the two journalists, who spoke to CPJ via phone. Yesterday, a local magistrate ordered Shah and Dar to remain detained for two days, according to The Kashmir Walla.
“India needs to move quickly to improve its shameful record of harassing and detaining critical journalists in Jammu and Kashmir in a complete abandonment of India’s once-proud tradition of press freedom,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “Police must immediately release Salman Shah and Suhail Dar and allow journalists to do their jobs without fear of reprisal.”
On the evening of October 8, authorities summoned Dar to the Sadder police station in Kashmir’s Anantnag district for questioning before detaining him, according to news reports and Dar’s brother, Tariq Dar, who spoke to CPJ via phone. Tariq Dar told CPJ that the police had not informed the family of any reasons for his brother’s detention.
Separately, at approximately 7:00 p.m. on October 12, officers with the Sherbagh police station in Anantnag district detained Shah from his home in the Sheerpora area of Anantnag district for questioning, according to The Kashmir Walla and his brother Imran Shah, who spoke to CPJ via phone. Imran Shah said that his family had not been informed of any police investigation into Shah until his formal arrest yesterday.
Both journalists have been detained under two sections of the Code of Criminal Procedure that allow authorities to hold an individual in preventative custody on an executive magistrate’s order to prevent a “breach of peace,” and to prevent the commission of cognizable offenses, according to The Wire.
Tariq Dar and Imran Shah told CPJ that they have not received a copy of a police report detailing the accusations against Dar and Shah.
Masrat Mir, the station house officer of the Sadder police station, did not respond to CPJ’s request for comment on Dar’s ongoing detention sent via messaging app. Majid Nadeem, the station house officer of the Sherbagh police station, did not respond to CPJ’s request for comment on Shah’s ongoing detention sent via messaging app.
Shah was previously detained from April 5, 2020, to May 8, 2020, on accusations of violating a section of the Indian penal code pertaining to “statements conducing to public mischief,” according to The Kashmiriyat, citing Shah and his lawyer.
Separately, at approximately 12:30 a.m. on October 13, officers with the Ram Munshi Bagh police station detained Zahoor from his home in the Dalgate area of Srinagar and confiscated his camera and his sister’s phone, according to various news reports citing Zahoor and his family.
Zahoor told The Kashmir Walla that he was detained overnight and later questioned about his location on September 1, the same day that a 91-year-old Kashmiri separatist leader died in the city of Srinagar, leading authorities to shut down the internet in Kashmir valley and increase security patrolling in the area. Officers also questioned him about the photos on his phone before releasing him at 2:00 p.m. later that day, Zahoor told The Kashmir Walla.
Tauseef Meer, the station house officer of the Ram Munshi Bagh police station, told The Kashmir Walla that authorities were questioning Zahoor on the basis of an unnamed “suspicion.” Meer did not respond to CPJ’s request for comment on Zahoor’s detention and questioning sent via messaging app.
Separately, on October 13, the Special Operations Group, the anti-insurgency unit of the Jammu and Kashmir police, summoned Majid Hyderi for questioning at its headquarters in Srinagar, according to The Kashmir Walla and Hyderi, who spoke to CPJ via phone.
Upon arriving at the headquarters, Hydrei was asked to relinquish his phone, but refused to do so, and subsequently switched off his phone upon request, according to the journalist. Hyderi told CPJ that three men in civilian clothing questioned him about his source of income and choice of profession before demanding explanation for three of his Facebook posts. Officers specifically questioned Hyderi for approximately one hour about a post in which he criticized the police’s use of force against participants of Muharram processions earlier this year, he said.
After the questioning finished at around 1:00 p.m., Hyderi was kept in lockup until his release around 5:30 p.m., he said, adding that he was not allowed to offer two Muslim prayers during the questioning and during his detention.
Iftikhar Talib, the superintendent of the Special Operations Group, did not respond to CPJ’s request for comment on Hyderi’s questioning and detention sent via messaging app.
Separately, October 13, officers with the Hajin police station in Kashmir’s northern Bandipora district summoned Gul for questioning in relation to his news report in Mountain Ink and a video he posted on Twitter regarding a Kashmiri man who was killed in a police encounter on October 11, according to The Kashmir Walla and the journalist, who spoke to CPJ via phone. Gul told CPJ that he was questioned for approximately one hour about his journalistic activities.
Zahid Malik, senior superintendent of police of Bandipora district, did not respond to CPJ’s request for comment on Gul’s questioning sent via WhatsApp.
In February, Jammu and Kashmir police opened an investigation into Gul on accusations of taking part in an illegal demonstration against home demolitions, as CPJ documented. Gul told CPJ at the time that he denied participating in such a demonstration.
Dilbag Singh, the director general of the Jammu and Kashmir police, did not respond to CPJ’s request for comment on all five cases sent via messaging app.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 21, 2021
- Country
- India
- Initial Date
- Sep 22, 2021
- Event Description
The Adivasis and Dalit farmers of Odisha have been resisting bauxite mining at their sacred shrine of Mali Parbat for more than two decades. Spanning across 270 acres, the Mali Parbat mine is in Koraput district, in south Odisha.
The 2007 mining lease of Hindalco Industries expired after it operations were halted due to the tribe’s stiff resistance. In April, the company’s lease was extended by 50 years and it applied for fresh environmental clearance.
When the tribal activists protested the September 22 public hearing of the company, some of them received alleged death threats. Activist Sharanya Nayak, who participated in the hearing, told Newsclick that “325 objections had been raised against the EIA [environmental impact assessment] reports that gave the go-ahead to mining”.
Explaining how officials ensured that there was no opposition during the hearing, Nayak said, “The villagers of Doliamaba had geared were all set to participate in the hearing. There were more than 700 written physical objections against the proposed mining. However, the police, company officials and hired goons had blocked the three roads leading up to the venue. The officials started the meeting before the scheduled time of 11 am to ensure there was no opposition.”
Alleging that “company officials or people hired by them are threatening and singling out the activists who had opposed the public hearing and mining”, Nayak said, “One such activist, Abhi Sadepelli who is secretary of the Mali Parbat Surakhya Samiti, and his wife were threatened that they would be killed if he does not support mining in the region. The activists have registered police complaints against the ongoing death threats.”
When the lease was awarded to Hindalco in 2007, the EIA report mentioned that there was no water body in Mali Parbat.
According to The Hindu, Hindalco failed to mine bauxite till 2011and its environmental clearance expired. However, it started illegal mining in 2012-2014 without an environmental clearance, which was resisted by the tribe.
Locals allege that neither the company nor the state government have clearly explained the adverse impact mining to the villagers. The villagers contend that the EIA report, prepared by VIMTA Laboratory Private Limited of Hyderabad, disregarded the impact of mining on the water sources and subsequent effects on agriculture and horticulture.
The villagers said mining will affect more than 44 villages directly and 200 villages indirectly. While the EIA report shows that there are no water bodies, the villagers said that there are 32 perennial streams and four canals emerging from this hill. Nearly 2,500 families inhabiting 44 villages relying on this water for irrigation will be adversely affect as mining will impact the streams and soil moisture, they added. Other likely hazards are water and soil pollution due to dumping of oil, lubricants and other waste material by the company.
Besides, significant land degradation caused by mining has not been mentioned in the EIA report. Odisha is among the states with the highest soil erosion caused by mining and deforestation. Koraput already has other bauxite mines, including Deomali. Serious soil erosion and land degradation have adversely impacted the region.
Rajan, an anti-mining activist and supporter of Adivasi movements, said, “The Naveen Patnaik government is acting as a stooge for Hindalco and all the other extractive industries; it is against Adivasis and Dalit farmers. The leaders of the Mali Parbat Surakhya Samiti are being harassed and threatened for opposing the proposed Hindalco mining at Mali Parbat.”
Alleging that the public relations officer and the company’s staff are instigating fights at villages, Rajan told Newsclick, “The Koraput local administration and the police, who are hand in glove with the company, are trying to book villagers and tribal leaders who opposed mining under false charges.”
Besides the environmental concerns, the villagers have religious and cultural sentiments attached to the hill. There Adivasis have a place of worship in the Mali Parbat known as Pakuli Pahar Gumpha (sacred cave). The deity is worshiped by the natives of the surrounding villages of Aligon, Kachiguda, Daleiguda, Rajaniguda, Pakijhola and Mania. This old religious place will be destroyed if mining resumes. Attempts by Newsclick to contact Hindalco didn’t get any response.
On September 22, 2021, the public hearing commenced in the presence of Mr. Deben Kr Pradhan, ADM of Koraput and other officials at 9 AM, around two hours prior to the scheduled start at 11 AM. Angered by this breach of due procedure, residents of 44 villagers from four panchayats – Kanti, Sorisha Padar, Daleiguda and Pakujhola – who arrived for the hearing shouted slogans and demanded the hearing be cancelled. The authorities postponed the public hearing. On September 22, 2021, an FIR (91/2021) was registered in Semiliguda Police Station by Assistant Sub Inspector Padma Charana Nayak against the 36 Mali Parbat Surakhya Samiti activists, including the organisation’s president Mr. Bijaya Khila were named in the FIR. They were charged under Sections 147 (rioting), 148 (rioting with deadly weapon), 149 (unlawful assembly), 294 (obscene words in public place), 307 (murder), 323 (voluntarily causing hurt), 326 (causing grievous hurt), 332 (causing grievous hurt to a public servant), 379 (theft), 427 (mischief causing damage up to Rs 50), and 506 of the Indian Penal Code; Section 17 of the Criminal Law Amendment Act; Section 3 of the PDPP Act; and Sections 25, 27 of the Arms Act. On September 24, 2021, police arrested seven HRDs including Mr. G Hemant Kumar (42), Mr. Rabi Khora (43), Mr. Mahanta Khosla (35), Mr. Samba Pangi (45), Mr. Bhikari Guntha (43), Mr. Dambaru Guntha (38) and Mr. Ratan Kadia (28). On October 5, five more HRDS were arrested in connection with the incident, including Mr. Khila, ex-sarpanch Mr. Dasi Nandibali, Mr. Giridhar Khila, Mr. Gobardhan and Mr. Mangudu.
On October 1, at 8.30 PM, police arrested 16-year-old Mr. Bikram Khara – a student of class 9 whose father Mr. Dasa Khara is named in the FIR; although he was a minor and Section 10 of the Juvenile Justice Act mandates that an apprehended juvenile be placed under the charge of the special juvenile police unit and produced before the Board within 24 hours, these provisions were not extended to him. None of the arrested HRDs were shown any arrest memo, or allowed access to a lawyer, in flagrant violation of DK Basu guidelines. They were all produced in court and are currently lodged in jail. Whereas other HRDs named in the FIR fear being arrested in violation of due procedure and are extremely concerned about their physical safety.
- Impact of Event
- 18
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Death threat, Intimidation and Threats
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, Environmental rights defender, Family of HRD
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Suspected non-state
- Source
- Monitoring Status
- Pending
- Date added
- Oct 18, 2021
- Country
- India
- Initial Date
- Sep 24, 2021
- Event Description
About the Human Rights Defenders: Mr. Ba Singh Hassa is a resident of Dadgama village in Khunti block of Khunti district. An activist with Adivasi Adhikar Manch – a civil society group that protects the land, water and forest rights of indigenous groups, Mr. Hassa has organised and participated in numerous peaceful movements, demonstrations and meetings in Khunti and other places in the past decade, including in the Pathalgadi movement in 2018-19, and ongoing protests against the new farm laws. He is well-educated and offers advice and support to innocent villagers falsely accused of being Maoists.
Details of the incident: On July 14, 2021, Khunti Sub Divisional Officer (SDO) Mr. Sayyed Riyaj Ahemed issued a notice under Section 107 of the Code of Criminal Procedure (which allows an Executive Magistrate to show cause any person likely to disturb peace or disturb the public tranquillity). It mentioned the names of 25 people, including Mr. Ba Singh Hassa and his brothers/ cousins Mr. Bahadur Hassa, Mr. Kinu Hassa and Mr. Jugal Munda, who were likely to disturb peace and security in the area according to information with the SDO. All 25 persons were asked to report to the SDO court in Khunti on July 22, 2021 and show cause why they should not be asked to furnish a bond of Rs 50,000 and two supporting witnesses. Mr. Bahadur Hassa received a call from the Khunti Police Station on July 17, 2021, when he was informed about the notice. He collected the notice from the police station the next day, and reported to the SDO court with Mr. Ba Singh Hassa and other brothers/ cousins on July 22, 2021, and two more subsequent hearings. On September 24, 2021, the day of the fourth hearing, Mr. Ba Singh Hassa, Mr. Kinu Hassa, Mr. Jugal Munda and Mr. Bahadur Hassa reached the court at around 10 AM, whereas their turn came up at 2.30 PM. When they presented themselves before SDO Mr. Ahemed, he asked them not to leave the court premises without his permission. He then called someone from his phone and said that three absconding accused in the murder case (FIR no 88/2018) were sitting in front of him. At around 4.30 PM, Khunti PS Officer in Charge Mr. B Thakur reached the court in civil clothes with three other policemen in uniform. They arrested Mr. Ba Singh Hassa, Mr. Kinu Hassa and Mr. Jugal Munda from inside the court premises. The HRD and his relatives were not informed about why they were arrested, nor shown any arrest warrant or allowed access to a lawyer. All provisions of the DK Basu guidelines were violated. Mr. Hassa and others were taken to the Khunti Police Station in a police vehicle and detained there overnight. They were taken for medical examination at 2 PM, produced in court at around 4.30 PM on September 25, 2021, and remanded to Khunti jail. We firmly believe that the HRD and his relatives were ensnared by the SDO and arrested by police in a case that was over three years old in violation of due procedures. The SDO referred to them as absconding even though Mr. Ba Singh Hassa had communicated and met several police and government officials in his capacity as an activist and participated in many public programmes in Khunti and Ranchi in the intervening period. He was also detained and interrogated by police in Khunti in April 2019. Whereas, the notice against the HRD and his arrest coincided with his active involvement in peaceful meetings and protests against the new farm laws in Khunti. This indicates that the action against Mr. Hassa and others is an act of political vendetta, and aimed at muzzling the freedom of speech, expression and assembly, which are guaranteed under national and international legal frameworks.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of expression Offline, Right to liberty and security
- HRD
- Community-based HRD, Indigenous peoples' rights defender
- Perpetrator-State
- Police
- Source
Case shared to FORUM-ASIA by HRD Alert India
- Monitoring Status
- Pending
- Date added
- Oct 14, 2021
- Country
- India
- Initial Date
- Oct 4, 2021
- Event Description
After disappearing while covering a farmer protest in Lakhimpur Kheri, a reporter for Sadhna Prime News was found dead on October 4. The International Federation of Journalists (IFJ) and its Indian affiliates, the Indian Journalists Union (IJU) and National Union of Journalists- India (NUJ-I) condemn the tragic incident and urge for a judicial inquiry into the case.
Local journalist Raman Kashyap’s body was found in a mortuary a day after his reported disappearance while covering the violent demonstrations in Lakhimpur Kheri, where local farmers and political supporters collided. Kashyap was among eight others allegedly killed in the demonstration involving hundreds of farmers.
The farmers gathered to protest the visit of Uttar Pradesh’s deputy chief minister, Keshav M to the village of the union minister of state for home affairs, Ajay Kumar Mishra, in Tikunia. The incident marks a lethal intensification of the unrest in India since the introduction of controversial agricultural laws.
There are conflicting accounts of the circumstances in which Kashyap died. The editor of the Sadhna Prime news channel, Brij Mohan Singh, alleged that while covering the protest Kashyap was ‘wounded by miscreants’. A complaint filed by Kashyap’s father, Ram Dulare Kashyap, claims that Kashyap was “shot at” for filming a VIP convoy that killed farmers.
Another journalist said that in addition to being shot in the hand, Kashyap was hit by a car that was allegedly carrying Mishra’s son, Ashsih Misra. Samyukta Kisan Morcha, a coalition of Indian farmers' unions protesting against the agricultural laws, also claimed that a vehicle carrying Ashish Misra ran over the protesting farmers, killing at least eight people. An FIR has been lodged against Ashish Mishra and 15 others for murder and inciting violence with Lakhimpur Kheri police.
The Indian journalist fraternity has strongly condemned the killing of the journalist. The Editors Guild of India called for a “court-led special investigation team” to investigate the case. The Lucknow Journalists’ Association wrote a letter to the Additional Chief Secretary seeking justice. Local journalists are demanding compensation and the immediate arrest of the accused in the case.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Media Worker
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Oct 14, 2021
- Country
- India
- Initial Date
- Aug 20, 2021
- Event Description
About the Human Rights Defenders: Mr. Gigraj Verma is a resident of the village Joharli in Sikar district of Rajasthan. He is a human rights defender and has worked with Dalit communities in the region for several years and has been active in getting legal help and representation for Dalit victims of atrocities. He has also worked with several organisations such as CORO India and Action Aid in programmes and projects aimed at empowering Dalit and marginalized communities. Background of the Incident: Mr. Verma helped victims of Dalit atrocities register cases against the perpetrators with relevant sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. In this year, for instance, he has helped with the registration of three such FIRs: No 375/2021 with the Neem Ka Thana police station, FIR 391/2021 with the Ajitgadh police station and FIR 228/2021 with the Neem Ka Thana police station. The persons against whom the FIRs were registered belong to the dominant caste group in the region. Details of the Incident: Around 8 PM on August 20, 2021, Mr. Verma was at his residence along with his family when a group of approximately 8-10 persons comprising members of the Gurjar caste surrounded his residence. They were armed with sticks, axes and other weapons and had arrived with the intent to kill the HRD. The crowd initially hurled casteist abused on the HRD and his family. Hearing the abuses, the HRD called the police station multiple times during this period. Inspector Mr. Kastoor Verma was present at the police station and attended the call. Despite informing him of the crowd outside his home and the gravity of the situation, no help was sent immediately. The HRD and his sisters went outside and saw the group, who were armed. The group then beat up the HRD and his sisters. They even snatched the HRD’s gold chain and took it away with them while leaving. They also threatened to kill the HRD, if he were to leave his home. Hearing the commotion, neighbours of the HRD came out of their homes, and the group left the HRD. The HRD and his family went back to their home. A larger group, of around 18-20 persons of the Gurjar caste, returned around 8.30 PM and tried to break the HRD’s door. The HRD and his family then shouted for help. Hearing their plea, residents of his village came to help. Seeing the villagers come out of their homes, the assailants stopped their attempt to break in but openly threatened the family with death if they left their home. Around 8.45 PM, the HRD called the Deputy Superintendent of Police (DSP) Mr. Girdhari Lal Sharma and the Superintendent of Police Mr. Kuwar Rastradeep. The police finally arrived after 10 PM. According to the HRD, the police even went to the homes of the persons whom he had identified but did not arrest them. The police returned. The HRD then went to the Neem Ka Thana police station along with others around 11.30 PM and stayed there. They found the Inspector Mr. Verma to be in an inebriated state and the HRD even posted about this on Twitter tagging the Sikar Police’s Twitter handle. The HRD’s complaint was filed at the Neem Ka Thana police station the same night, which was then registered as an FIR (No. 0411/2021) at 2.36 AM on August 21, 2021. In his statement, the HRD was able to identify 18 people in the group that attacked him and his family and stated there were 7-8 people he did not know. The police applied sections 143 (unlawful assembly), 341 (wrongful restraint), 323 (voluntarily causing hurt), 379 (theft), 504 (intentional insult to prove breach of peace) of the Indian Penal Code and sections of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: Section 3(1)(r) – Intentionally insults or humiliates in any place within public view, Section 3(1)(s) – Deliberately insults or humiliates by caste name in public view and Section 3(2)(va). No arrests have made in the case yet. On August 21, 2021, an FIR was registered (FIR No. 0375/2021) against the HRD and two others (Vinod Saini and Sarjeet Mahrania) by the police at the Neem Ka Thana police station. The FIR has been registered by Mukesh Kumar, a constable at the police station. The HRD and others were charged under sections 143 (unlawful assembly), 332 (voluntarily causing hurt to a public servant), 353 (assaults or use of criminal force on a public servant), 342 (wrongfully confining a person), 341 (wrongful restraint), 188 (disobedience to order by public servant), 269 (Negligent act known to be likely to spread infection of any disease dangerous to life), 270 (malignant act which may spread disease), 186 (obstructing public servant), 189 (threat of injury to public servant). The FIR states that the HRD along with 50-60 people sat outside the police station and blocked the gate stating that they would not leave the premises until the perpetrators were arrested and they resorted to crowding, pushing, and shoving as well as told the police officials that they would not be allowed to leave until the perpetrators were arrested. The HRD and along with others were protesting outside the police station due to the inaction of the police in registering a complaint and arresting the members identified by Mr. Verma in the group that assaulted him and his family. The FIR registered by the police states that the HRD and others started their protest started at 10 AM on August 21, 2021. Police officials had nearly eight hours to initiate immediate action against members of the group, which prompted a protest from the HRD and others. The HRD and the others were only demanding that the police take swift action against the crime. The quantum of punishment that the sections in the FIR against the HRD is as much if not more than the punishment laid down in the sections that the perpetrators of the caste atrocity have been charged with.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- Death threat, Intimidation and Threats, Judicial Harassment, Violence (physical)
- Rights Concerned
- Access to justice, Right to healthy and safe environment
- HRD
- Family of HRD, Minority rights defender
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Non-state
- Source
Case shared by FORUM-ASIA member HRD Alert India
- Monitoring Status
- Pending
- Date added
- Sep 22, 2021
- Country
- India
- Initial Date
- Sep 7, 2021
- Event Description
On September 7, the Uttar Pradesh police filed an FIR against journalist Rana Ayyub at the Indirapuram police station. It was based on a complaint by Vikas Sankrityayan, co-founder of Hindu IT Cell, a Hindu supremacist group with a talent for targeted harassment.
Sankrityayan accused Ayyub of “illegally acquiring money from the general public in the name of charity” on Ketto, a crowdfunding website. He added that the Washington Post opinion writer violated the Foreign Contribution Regulation Act, 2010, or FCRA, because she was a “journalist by profession” and was “receiving foreign money without any approval certificate or registration from the government”.
Ayyub was booked under four sections of the Indian Penal Code dealing with dishonest misappropriation of property, criminal breach of trust and cheating. She was also booked under section 66D of the IT Act, which criminalises cheating by personation, section 4 of the Prevention of Money Laundering Act, 2002.
The journalist has raised money for three relief campaigns on Ketto since early 2020 for those affected by Covid, floods and the migrant crisis caused by last year’s lockdown. In an email on August 27, 2021, Ketto told donors of Ayyub’s campaigns that she had raised Rs 2.69 crore, of which she spent Rs 1.25 crore and would pay Rs 90 lakh in taxes.
“The balance funds, after these debts, are still retained by the campaigner,” the platform said, adding that the collection was being investigated by “Indian law enforcement” agencies which suspected that the funds "were not utilised for the purpose for which they were raised”.
Ketto did not disclose if the law enforcement agencies had given the platform any evidence to support the allegations. A questionnaire sent to Varun Sheth, the founder and CEO of Ketto, did not elicit a response.
This is not the first FIR filed against Ayyub this year. In June, the Ghaziabad police booked her for tweeting out a Muslim man’s allegations of assault by a Hindu mob. She had moved the Bombay High Court and obtained protection from arrest for four weeks.
In a Twitter statement on Sunday, Ayyub called the latest FIR “baseless” and “malicious” and maintained that the “entire donation received through Ketto is accounted for and not a single paisa has been misused”.
She implied that the money from the fundraisers had gone into her personal account. “The receipt of donations did not violate any law,” the journalist added. “My accounts and the donations have both been scrutinised by the IT department, and a fair investigation will bring out the truth for all.”
Locus standi?
In his complaint to the Ghaziabad police, Sankrityayan didn’t claim to be an aggrieved party, that is, he did not say he had donated money to Ayyub’s fundraisers and, so, had stakes in the alleged FCRA violation.
We contacted Sankrityayan for clarification, but he wouldn’t comment. “Newslaundry is a biased, anti-Hindu news portal,” he declared. “I’m not going to talk to you.”
He, however, told the Print that he had found “proof” for his police complaint.
We put the same question to Abhay Kumar Mishra, the circle officer at the Indirapuram police station. “You should pose this query to the complainant,” he replied. “I can’t comment on whether he is an affected party. We are investigating the case.”
‘There are two violations’
According to lawyer Vikas Pahwa, Ayyub’s fundraisers violated the FCRA on two counts. “First, she did not have a registration certificate from the government,” Pahwa said. “And she seems to have accepted the funds in her personal account.”
Section 11 of the FCRA states that no person can accept foreign contributions unless they “obtain a certificate of registration or prior permission of the central government”.
Pooja Madhan, a chartered accountant at the Delhi firm Pooja Jagdish and Associates, told Newslaundry that FCRA applies to individuals . “As per section 2(1)(m) of the FCRA, “person” includes “an individual”, so the provisions of the FCRA also apply to an individual”, she said, adding that Ayyub was not eligible to receive foreign contributions if she wasn’t registered under the FCRA.
In her statement, Ayyub did not state whether she had prior permission to accept funds from foreign donors, or whether she was registered under the law. Newslaundry reached out to Ayyub as well as her lawyer Vrinda Grover for comment. Ayyub did not respond, and Grover declined to comment.
The FCRA, Pahwa said, was designed to give the government control over foreign contributions. “It crystallises a couple of things,” the lawyer explained, “that if you receive a foreign contribution you have to put it in a special account that the state can monitor. You can’t put it in your personal account. You also cannot transfer that contribution to anyone else.”
On the other point of the controversy – of funds remaining unused in the journalist’s account – Pahwa said the FCRA was silent. “If a person accepts foreign contributions for a particular purpose and a part of it is achieved, it does not mean that the person is under an obligation to return the contribution,” he noted. “He or she can still continue to work on the same lines, especially if the objective is public service.”
As for likely punishment for a violation, section 35 of the FCRA prescribes an “imprisonment for a term which may extend to five years, or with fine, or with both”. “‘Or’ is an important word here,” Pahwa explained. “It is not an ‘and’. The court will not necessarily imprison a violator. It has the option of only imposing a fine.”
‘Enough to initiate proceedings’
Anshu Bhanot, a commercial litigator, told Newslaundry that the way Ayyub raised the money would enable the Indian law enforcement agencies to initiate legal proceedings against her. “The moment money from foreign donors comes into a personal account, only the account holder has control over it,” Bhanot explained. “Ayyub will have to explain what she did with the money. Whether the agencies are able to establish an FCRA violation would depend on the material presented in court.”
The onus to prove the money wasn’t misused, however, would be on Ayyub. “That is the sad part in the judicial system,” he said. “In criminal law the onus is on the prosecution. But the moment a proceeding is initiated, this becomes a theoretical aspect. Even if the case is ultimately quashed, there are no repercussions for bodies like the Enforcement Directorate, the Crime Branch, and there are few precedents for it.”
Sarwar Raza, an advocate who specialises in taxation law and FCRA, said Ayyub could not be charged with violating the law if the donors were Indian citizens living abroad. It would count as a violation only if they were foreign citizens.
“If she accepted the money in personal capacity and was not associated with an NGO with an FCRA licence or did not have prior permission from the government, then there is probably some kind of violation,” he said. “It would help her case if she doesn’t utilise a single rupee from the collections anymore. It would be seen as a bonafide step.”
‘FCRA violations are compoundable’
In May this year, Ayyub announced on Ketto that she had tried to tie up with an Indian NGO that had FCRA permissions. “But owing to restrictions on physical movement during the pandemic and the lockdowns,” she wrote, “we have not been able to find a suitable donor to trust to channelize the benevolence.”
She also declared that her team would be returning the money from foreign donors because of the “hit jobs by propaganda websites targeting our relief work”. “To make sure we do not cause inconvenience to the donors and us,” she added, “I have decided to refund all contributions from foreign donors back to those who donated.”
Raza said Ayyub’s pledge to return money to foreign donors was a sensible decision. “FCRA violations are compoundable,” he explained. “If she has violated any provision, the fact that she claims to have returned the money makes a case for compounding the matter. If your action has violated a law and you undo the act, it can be condoned if you pay a penalty. But the discretion will rest with the government.”
For Bhanot, returning funds to foreign donors would not absolve Ayyub of alleged wrongdoing. “It could be a tricky stand as the courts might interpret this as an admission of guilt or a desperate measure to wriggle out from the criminal liability.”
Anand Mangnale, the former director of Our Democracy, an online crowdfunding platform, said if Ayyub transferred the collections to her own account, she would have to pay taxes. “Even if you’re a journalist, if you pay taxes on the money you raised and explain how you spent it, then it is not a violation of FCRA,” Mangnale said. “The email Ketto sent to her donors, however, claimed she had unspent money in her bank account – and that is a triggering point.”
In her statement, Ayyub said she had paid a “heavy amount of tax on the donations”, directed by the Central Board of Direct Taxes, or CBDT.
Madhan, however, told Newslaundry paying tax on the money would not make a difference. “Since FCRA and Income Tax Act are different laws, paying income tax on foreign contributions will not suo moto lead to complying with FCRA provisions,” she said.
‘Ignorance of law’
According to Raza, FCRA violations were commonplace and often went unnoticed. “But with big amounts or big names, like Rana Ayyub, they won’t,” he said.
Section 3 of the FCRA specifically bars “correspondents”, “columnists”, “editors” of registered newspapers from accepting any foreign contribution. This also applies to “correspondents”, “columnists” and “editors” of a company “engaged in the production or broadcast of audio news or audio visual news or current affairs programmes through any electronic mode, or any other electronic form” as defined in the IT Act, 2000 or “any other mode of mass communication”.
Though this seemingly covers Ayyub, Raza said the journalist could still defend herself by arguing that she didn’t raise the money for any “journalistic activity”.
Raza pointed out that Vikas Sankrityayan, the complainant, wasn’t a donor in Ayyub’s campaign and so did not have a locus standi. “Ideally, it should have been the ministry of home affairs that initiated the proceeding, not an individual with no stakes in the matter,” the advocate said. “This can be an argument in court.”
But Bhanot disagreed. “Anybody can lodge a complaint and highlight an alleged wrongdoing,” he said. “The complainant in such matters would be more of an informant of the alleged offence, and not a complainant who would be allowed to intervene in the trial. In such FIRs, the state steps into the shoes of the complainant and takes over as prosecution.”
Pahwa, on the other hand, argued that Ayyub could defend herself on two counts. “One is the ignorance of law – a plea people make in such cases,” he said. “Rana Ayyub is a renowned journalist, so I don’t know if that plea would work for her. But she can also claim that she raised the money during Covid, when many were suffering and needed help. In those circumstances, she was out to provide aid rather than thinking about compliance with law.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Right to access to funding, Right to work
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 20, 2021
- Country
- India
- Initial Date
- Sep 16, 2021
- Event Description
The Enforcement Directorate Thursday conducted searches at offices and residential premises associated with social activist Harsh Mander, in connection with a case of alleged money laundering.
The ED’s case is based on another case registered by Delhi Police’s Economic Offences Wing against the Centre for Equity Studies (CES), where Mander is a director.
An ED official confirmed the agency was conducting searches at premises associated with Mander, but did not give details of the probe against him. The searches, sources said, were conducted at Adchini, Mehrauli and Vasant Kunj in South Delhi.
“Searches are going on. Our case is based on the Delhi Police FIR in the matter,” an ED official said.
Mander had left for Germany around 3.30 am on Thursday on a fellowship at the Robert Bosch Academy in Berlin. The board of the CES, in a statement, said they were committed to cooperating with the ongoing searches, and would provide all necessary information to the ED.
Delhi Police had registered two cases against CES — one under the Juvenile Justice (JJ) Act and another over alleged financial irregularities — following a raid conducted by the National Commission for Protection of Child Rights (NCPCR) last October at two children’s homes run by the centre. NCPCR had alleged various irregularities, including financial, in the running of the two homes at the time.
In July this year, in response to a petition in the Delhi High Court by CES, the NCPCR had said it had recommended action against the two children’s homes linked to Mander only after finding various violations and discrepancies on the part of the management. Among the alleged violations, NCPCR mentioned that it had been informed by the children that they were taken to protest sites, including Jantar Mantar.
“During the inspection, prima facie many violations of Juvenile Justice (Care and Protection of Children) Act, 2015, and its Model Rules, 2016, and various other irregularities came to the notice of NCPCR, including financial irregularities as the institution was reluctant in disclosing their sources of funding and other relevant document to the inspection team,” NCPCR said in the reply.
With regard to the boys’ home, the NCPCR told the court that an employee had “informed” it about cases of child sexual abuse being reported there, and inaction by the management.
“The Commission observed this to be a gross violation of the provisions of the POCSO Act, 2012, and had immediately reported this to Delhi Police for further investigation as well,” it said.
In a statement, the CES board said the ED search was “a continuation of harassment and coercion of CES and Harsh Mander for being an outspoken and passionate defender of human rights”.
It said, “As you are aware, the Enforcement Directorate has been conducting raids at the office of the Centre for Equity Studies (CES), Umeed Ghar (Children’s Home), and Harsh Mander’s residence from 9.30 am… Over the last several months, the organisation has been subjected to raids, investigations, and inquiries by different government agencies including Delhi Police, and NCPCR. CES has cooperated with every government agency by providing all organisational details requested…including balance sheets and other financial and programmatic documents…
“It is deeply distressing for the entire team of CES and this continued harassment has created hurdles in the path of our organisational vision of working for the poorest of the poor and most marginalised sections of society.”
On Thursday morning, employees who reached the CES office in Adchini after the searches started, were not allowed inside. They said most of their work involved research pertaining to human rights.
A statement signed by 565 signatories, including several activists and public intellectuals, condemned the ED action and said the searches were part of a “continuing chain of abuse of state institutions” to silence its critics.
The signatories include Congress MP Shashi Tharoor, former Planning Commission member Syeda Hameed, economist Jean Dreze, senior advocate Indira Jaising, DU professor Apoorvanand, women’s activists Kavita Krishnan and Annie Raja, social and environmental activist Medha Patkar, and former IPS officer Julio Ribeiro.
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to privacy, Right to work
- HRD
- Community-based HRD, NGO, NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 17, 2021
- Country
- India
- Initial Date
- Aug 27, 2021
- Event Description
The home ministry has suspended the foreign funding licence of a prominent Kerala-based NGO linked to influential Sunni leader from the state, Sheikh Aboobacker Ahmed, after detecting violation of provisions of the Foreign Contribution Regulation Act, 2010 (FCRA). The suspension of FCRA registration bars Markazul Ighasathil Kairiyathil Hindiyya – the top foreign-funded entity in Kozhikode, with over Rs 146-crore receipts from abroad in the last three years – from receiving funding from international donors without prior permission or till revocation of the suspension order. The association, funded mostly by charities based in the Gulf, can make a representation against the suspension order, following which the home ministry may either review the suspension or go ahead with permanent cancellation of its FCRA registration after a 180-day period, extendable by another 180 days. The prime violations cited by MHA in its suspension order issued on August 27, 2021 include misutilisation and diversion of foreign contributions by Markazul, which also operates under the brand ‘Relief and Charitable Foundation of India (RCFI)’; misrepresentation of facts; and failure to submit annual FCRA returns for the year 2019-20. A senior functionary of the NGO confirmed to TOI that the association had received the suspension order. “Some clerical errors are cited as reasons for suspension. We will clarify everything after a careful reading of the order,” he said. The suspension of Markazul’s FCRA licence followed a due inquiry process, with an MHA questionnaire sent to it on 05.04.2018. A government official told TOI that the reply to the questionnaire revealed that the association had violated Section 12(4)(a)(vi), Section 18 and Section 19 of the FCRA. According to sources, a foreign contribution amount of Rs 50 lakh withdrawn by the NGO for purchase of land was received back on 13.01.2015 upon cancellation of the land deal. This amount was however not deposited in the foreign contribution-designated bank account, but retained in cash in the NGO’s office. Markazul claimed Rs 50-lakh cash was distributed for its orphan care programme. However enquiry and NGO’s records showed that Rs 50 lakh cash was distributed between July 2014 and December 2014, before the amount was received back on 13.01.2015. “Hence the amount of Rs 50 lakh received on account of cancelled land deed is not accounted for and appears to have been diverted/misutilized,” the order said adding this was a violation of Section 12(4)(a)(vi), 18 and 19 of the FCRA, 2010. The order also points to purchase of a vehicle in name of an individual and not the association, citing it as another violation of Section 12(4)(a)(vi) of FCRA. It further stated that the NGO had utilised foreign funds for construction of a building on land taken on lease by Islamic Education Board of India from Waqf Board of India. The MHA cited utilisation of foreign contribution for creation of assets on land on which the association has no claim, as a “violation of Section 12(4)(a)(vi) of the Act”. Markazul also failed to file its annual returns for the year 2019-20, a violation of Section 18 of FCRA. A Markazul official told TOI that the “online window” for filing annual returns was closed just before they could upload the returns. Markazul was founded in 2000 as a vision of Kanthapuram A P Aboobacker Musliyar, a popular figure with politicians in Kerala and referred to as ‘Grand Mufti of India’ by supporters. The organisation, which has Aboobacker's son Muhammed Abdul Hakkim as its general secretary, works in fields like education, cultural restoration, disaster management, health and sanitation, etc. It claims presence in 24 states and runs 233 schools.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment
- Rights Concerned
- Right to access to funding, Right to work
- HRD
- NGO
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Sep 15, 2021
- Country
- India
- Initial Date
- Jul 15, 2021
- Event Description
About the Human Rights Defender: Mr. Nitesh Alawa works as a patwari (revenue officer) in the village of Badi Khattal in Jobat tehsil of Alirajpur district in Madhya Pradesh. Mr. Alawa has been active in the advocating for the rights of Adivasis in the region and has in the past raised his voice against atrocities committed against the Adivasi communities. Mr. Alawa is the district president, Alirajpur of the Madhya Pradesh Patwari Union, the Media In-charge of Tribal Employees-Officers Organization and is the district vice president of the Sched- uled Caste-Scheduled Tribe Officer Employee Organization.
Background of the Incident: On May 13, 2021, five members of an Adivasi family, including three minors were murdered in Nemawar village in Madhya Pradesh by members of the dominant caste community. Their bodies were buried on the farm of one of the accused and were discovered on June 29, 2021, 48 days after the crime. The incident triggered several large protests in the region by organisations against the lackadaisical attitude of the police and the administration in investigating the murders.
Details of the Incident: On July 4, 2021, and July 11, 2021, Mr. Alawa attended peaceful citizen protests in Nemawar and Manpur respectively. Both were Sundays. The third protest in Kasarvad was held on July 14, a Wednesday. Mr. Alawa was present as a promoter of Adivasi rights at the protests and expressed peaceful dissent against the administration’s han- dling of the case. On July 15, 2021, Mr. Alawa received an order suspending him from his work under Rule 3(1), 5 (1), 6(1) of the Madhya Pradesh Civil Services (Conduct) Rules, 1965 and Rule 9 of the M.P. Civil Services (Classification, Control and Appeal) Rules, 1966, which authorizes suspensions pending disciplinary actions.
The order stated that it had come to the administration’s notice that he had made incendiary and inflammatory speeches at Adivasi meetings held in the village of Nemawar in Devas district, village Manpur in Indore district and village Kasarvad in Khargone district. The order stated that the speeches made by Mr. Alawa featured in videos that went ‘viral’ on social media.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment
- Rights Concerned
- Offline, Right to Protest, Right to work
- HRD
- Minority rights defender
- Perpetrator-State
- Government
- Source
Case shared by FORUM-ASIA member
- Monitoring Status
- Pending
- Date added
- Sep 15, 2021
- Country
- India
- Initial Date
- Jul 15, 2021
- Event Description
After a court battle, the workers were getting salaries even after the mill shut down. But on June 29, the company put up an order stating all the workers will have to take VRS and put a deadline of July 13.
The Dadar police Friday detained several unemployed mill workers of Century Yarn & Denim Mills in Madhya Pradesh along with social activist Medha Patkar, while they were protesting against the company at its headquarters in Worli.
The protestors were let off at night.
Over 50 people, including unemployed workers, had come from MP to take part in the protest.
“After a court battle, the workers were getting salaries even after the mill shut down. But on June 29, the company put up an order stating all the workers will have to take VRS and put a deadline of July 13. We want the company to give workers back their employment by reopening the mill,” Jagdish Khairaliya of Shramik Janta Sangh said.
Around 200 policemen from four different districts - Khargone, Khandwa, Burhanpur and Dhar - assembled at the protest site outside the factory premises. The SDM in-charge stated that Section 144 of the CrPC was in force in the area and the protestors had to leave and vacate the protest site immediately. The workers refused to leave the area. Then the police manhandled and roughed up workers, physically picking up each worker and pushing them into vehicles brought by them. When the police ran out of vehicles, private buses were organised to put protestors inside. Nearly 600 protestors were picked and transported out of which around 200 were just left on the road. Many women HRDs were injured, and one was even admitted by the police to the hospital where she was kept in the intensive care unit as she had fainted. The injuries were not only sustained during the police action but also due to the reckless driving of the drivers of the vehicles in which women were transported. In all 331 men were transported to ITI School in Kasrawad, where they were detained and let go at midnight. Around 70 women were transported to Saski Mahavidyalaya, where they were detained till 10 p.m.
The protest site and tents where workers had been camping for years were demolished and their belongings confiscated. The protestors have still not got their belongings despite a detailed list having been sent by the protestors to the SDM. It is crucial to note that the police personnel present at the protest site did not have name tags or badges on while acting against peaceful protestors. The protestors have not been provided a copy of the FIR, however they have learnt Section 151 of the Indian Penal Code has been invoked, carries a sentence for punishment of up to six months imprisonment, if five or more persons knowingly join or continue any assembly likely to cause a disturbance of the public peace, after such assembly has been lawfully commanded to disperse.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Violence (physical), Wounds and Injuries
- Rights Concerned
- Labour rights, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Labour rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 15, 2021
- Country
- India
- Initial Date
- Jul 15, 2021
- Event Description
Two Right to Information (RTI) activists have been killed in separate incidents within a week in Karnataka.
While T Shridhar (40) was attacked with iron rods and bricks by a group of assailants on Thursday, July 15, in Harapanahalli town in Vijayanagara district, Venkatesh S (43), a resident of Tavarekere, was attacked on the same day in Bengaluru. Shridhar was rushed to the hospital, however, he succumbed to his injuries on on Thursday. Whereas, Venkatesh passed away on Sunday.
Venkatesh was brutally attacked by unknown assailants in Magadi Road of Southwest Bengaluru. According to police, five armed, motorcycle-borne assailants attacked the activist near his farmland and fled.
While the investigation into the case is ongoing, a senior police officer from Tavarekere police station told indianexpress.com, that by preliminary investigation, it looks like “a revenge attack”.
A group of 5 men came in 3 scooters and kept honking near his farm land at Tavarakere where Mr. Venkatesh had his office. When he came out to see the people who were honking, they got down from the scooters, attacked him and chopped his right hand and right leg. While Mr. Venkatesh was shouting in pain, passer-by from the neighbouring Ashram and his brother heard his cries. The assaulters then ran away.
His brother and others called an ambulance and rushed him to hospital. Doctors operated Venkatesh, and he was declared to be out of danger. On July 15, 2021, the police registered a FIR 233/2021, U/s- 307 and 34 against unknown people. In the statement given to the police, Mr. Venkatesh stated that this attack was due to the RTI application filed by him against the following land surveys i.e. Yelachaguppe survey No. 116 land encroachment, survey no. 60, Tavaraekere, Yelachaguppe survey No. 18/1, Yelachaguppe Rampura survey No. 04, Tavaraekere Gangammana lake, survey no. 60 Yelachaguppe. These RTIs related to developmental activities in the locality. His family also corroborated the same.
On July 18, 2021, Mr. Venkatesh was taken to Hosmat Hospital, Bengaluru where he underwent extensive surgery to reattach his right arm and leg. He was later admitted to the Bangalore Sagar Hospital. However, he died on Sunday, July 18, 2021. After his death the Article 302 IPC was added and 9 people were arrested. On July 19, 2021, the Bangalore police said in its press statement that it could be a revenge attack but didn’t mention it was because of his RTI activism.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- RTI activist
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Sep 15, 2021
- Country
- India
- Initial Date
- Jul 15, 2021
- Event Description
T Shridhar (40) was attacked with iron rods and bricks by a group of assailants on Thursday, July 15, in Harapanahalli town in Vijayanagara district.
Speaking to indianexpress.com, Murthi Rao, Deputy Superintendent of Harapanahalli town police, said, “Shridhar was allegedly attacked by four unidentified persons, armed with lethal weapons, when he was having tea on the backside of a canteen in a college compound in Harapanahalli Thursday night.”
“The investigation is based on a complaint registered by the victim’s wife. An FIR has been registered under Section 302 (murder) and other sections of the Indian Penal Code (IPC),” he said. Rao added that Shridhar’s wife, Sheela, has alleged that he was killed because he used to file RTIs, which did not go down well with some people.
The complaint filed by Shridhar’s wife mentions the name of Congress MLA P T Parameshar Naik’s son Bharath. Bharath had posed a death threat to her husband, Sheela has stated.
The Harapanahalli police have arrested four to five suspects in the case, whose identities are yet to be revealed as the investigation is ongoing.
On July 13, 2021. Mr. T. Shridhar called his wife Shilpa and informed her that he feels his life is under threat as he has filed a case against Mr. Bharath, the son of a politician Mr. PT Parameshwara Naik and HK Halees, also a relative of a powerful politician, for land encroachment.
An FIR No. 0108/2021 was filed under IPC U/s – 34, 302 (Murder) at the Harapanahalli Police station and 5 people along with Vagish were arrested for murder. However, no action has been taken against the people against whom, associated with powerful politicians, Mr. Shridhar expressed feared for his life. He had already expressed this fear of his life being at stake due to RTIs filed by him against relatives of powerful politicians.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- RTI activist
- Perpetrator-State
- Suspected state
- Source
- Monitoring Status
- Pending
- Date added
- Sep 15, 2021
- Country
- India
- Initial Date
- Sep 5, 2021
- Event Description
Police in Indian-administered Kashmir have opened a case against the family members of late resistance leader Syed Ali Shah Geelani under a harsh anti-terror law for allegedly raising anti-India slogans and wrapping his body in the Pakistani flag, officials say.
Geelani, who died on Wednesday at the age of 91, was the emblem of Kashmir’s defiance against New Delhi and had been under house arrest for years. The officials said they opened the case on Sunday.
His son, Naseem, told Al Jazeera the Indian authorities buried Geelani’s body in a local cemetery without any family members present after police snatched his body from the home. Police denied that and called it “baseless rumours” by “some vested interests”.
A video widely shared on social media purportedly showed Geelani’s relatives, mostly women, frantically trying to prevent armed police from forcing their way into the room where his body, wrapped in a Pakistani flag, was being kept.
The video showed women wailing and screaming as police took the body and locked his family and relatives inside the room.
Police said they registered a case against unspecified family members and some others on Saturday and began probing the case under the Unlawful Activities (Prevention) Act or UAPA. They have not yet been taken into custody.
In India, booking of a case by the police may not necessarily lead to a formal charge but is an incident that is officially recorded.
Critics say bookings under the vaguely worded UAPA legislation have been used across the country to intimidate or silence opposing voices, calling the law draconian.
The anti-terror law was amended in 2019 to allow the government to designate an individual as a terrorist. Police can detain a person for six months without producing any evidence, and the accused can subsequently be imprisoned for up to seven years.
Geelani’s son Naseem on Sunday said a police officer visited the family on Saturday and informed them a case had been registered. Naseem did not provide further details about the meeting but said there were scuffles as the police removed his father’s body.
“Amid the chaos, we didn’t really know what was happening. We were mourning,” said Naseem.
Kashmir has long been a flashpoint between India and Pakistan, which administer parts of the Himalayan region while claiming it entirely.
Geelani spearheaded Indian-administered Kashmir’s movement for the right to self-determination and was a staunch proponent of merging India’s only Muslim-majority region with Pakistan.
For many in Kashmir and beyond, he was an enduring icon of defiance against India.
In a tweet on Sunday, Pakistan’s Prime Minister Imran Khan slammed India’s removal and hasty burial of Geelani’s body as well as the case against the family, calling it “shameful”.
“Snatching the body of the 92 year old Syed Ali Geelani, one of the most respected & principled Kashmiri ldrs (sic), & then registering cases against his family is just another shameful example of India’s descent into fascism under the Nazi-inspired RSS-BJP govt,” Khan posted, referring to India’s governing Bharatiya Janata Party (BJP) and its far-right ideological mentor, the Rashtriya Swayamsevak Sangh (RSS).
India describes the armed rebellion as Islamabad’s proxy war and state-sponsored terrorism. Most Muslim Kashmiris consider it a legitimate freedom struggle and support the rebel goal that the territory be united, either under Pakistani rule or as an independent country.
Rebels have been fighting against Indian rule since 1989. The region is one of the most heavily militarised in the world. Tens of thousands of civilians, rebels and government forces have been killed in the raging conflict.
Tensions flared in the region in 2019 after New Delhi stripped Kashmir’s semi-autonomy, scrapped its statehood and removed inherited protections on land and jobs.
Authorities have since brought a slew of new laws, which critics and many Kashmiris fear could change the region’s demographics.
Meanwhile, on Sunday, authorities eased some restrictions that had been imposed since Geelani’s death, allowing private vehicles on roads and vendors to operate in some parts of Srinagar.
However, most shops and businesses stayed closed as government forces patrolled roads and streets in the city.
Mobile phones were restored late on Friday but mobile internet and restrictions on the assembly of people continued in many parts of the Kashmir valley.
Paramilitary soldiers remained stationed outside the graveyard where Geelani was buried.
Ruwa Shah, Geelani’s granddaughter, wrote on Twitter they were horrified by “what followed after our old man passed away.”
His “home was a jail for over a decade and now his graveyard is a jail too,” she wrote.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Offline, Right to privacy
- HRD
- Family of HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 14, 2021
- Country
- India
- Initial Date
- Sep 8, 2021
- Event Description
Four Kashmir-based journalists, including a senior editor, were raided on Wednesday and later detained at a police station in Srinagar in an Unlawful Activities (Prevention) Act case that was filed by Jammu and Kashmir Police last year.
Rights activists see the detentions as part of a wider crackdown by the Narendra Modi government on the free media in Kashmir after Article 370 was read down in 2019 and the erstwhile state divided into two union territories.
At least four journalists have been booked under the anti-terror law since 2019 by the J&K Police, and several others in Kashmir claim to face obstruction and harassment by officials in their line of work.
Reporters Without Borders (RSF), an international non-profit based in Paris, condemned the latest detentions, saying that journalism was not a crime.
In a tweet, the RSF said it “condemns as crude intimidation this morning’s police raids at the residence of 4 journalists – @KashmirNarrator editor Showkat Matta, @trtworld & @HuffPost’s @mirhilaal, and freelancers @AzharQadri and Abbas Shah. #JournalismIsNotACrime.”
Officials said the residences of Motta, Hilal, Abbas and Azhar in Srinagar were raided simultaneously by teams of police and paramilitary forces on Wednesday. They have been asked to reappear for questioning on Thursday.
Motta is the editor of Kashmir Narrator magazine whose journalist, Aasif Sultan, has been jailed since 2018. Hilal is a freelancer who was previously working with Hindustan Times at its Delhi office. His work appears in Turkey-based TRT World and Anadolu agency.
Abbas is associated with a Srinagar-based daily and Qadri is a freelancer whose work has appeared in The Tribune and The Guardian. All four live in Srinagar and the raids took place simultaneously in the early morning hours.
“They seized a hard drive which contained my work, a desktop, hardcopies of the magazine’s archives and phones. I was later taken to the police station and set free in the evening,” Motta, 52, said, adding that he has been asked to return for questioning on Thursday.
Police claimed to have seized several documents and electronic devices belonging to the journalists and their spouses during the raids, which lasted for several hours. The journalists were detained for the whole day at Kothi Bagh police station.
“They showed me the warrant but they were very polite. At the police station, a cop noted my basic details and then asked to wait. No one spoke with me the whole day. I was not informed about the charges against me,” another detained journalist, who didn’t want to be named, told The Wire.
According to the police, the detentions were made in connection with a case filed last year against unknown persons at Srinagar’s Kothi Bagh police station (FIR No. 82/2020) under Section 13 of the UAPA and 506 IPC.
Section 13 of UAPA deals with suspects who “advocate, abet, advise or incite the commission of any unlawful activity” while 506 IPC is filed in the cases of “criminal intimidation”.
The case was filed against the unknown handlers of a blog (kashmirfight.wordpress.com) which has been issuing death threats against Kashmir-based journalists and political activists, accusing them of acting as the “collaborators” of New Delhi.
The names of senior editor Shujaat Bukhari and human rights lawyer Babar Qadri had also figured in the articles posted on the blog before their assassination in 2018 and 2020. The two killings were linked by investigators to Pakistan-based militant outfits.
“These posts uploaded on the said URL are prejudicial to the integrity, the sovereignty of country and maintenance of peace and tranquillity as the handler of the above-said URL is propagating secessionist and terror-related ideology with the intention to achieve the goal of separating UT of J&K from Union of India,” a police spokesperson said in a statement last year.
In May this year, the Kothi Bagh police station filed another case (FIR No. 41/2021) under similar sections of UAPA after another post on the blog issued threats to social activists, government officers, political leaders and journalists.
The J&K Police claimed to have made a breakthrough in the case in July by arresting Mohammad Akbar Sofi, a top officer in the Srinagar Municipal Corporation, his son Nazish Yasrab Rehman, daughter Tabish Akbar Rehman, fiancé of Sofi’s daughter Javed Khalid, and Rafiq Mukhdoomi, a law student in Srinagar.
The latest detentions in the case took place barely a day after the blog, which has been banned by the Government of India, issued fresh threats against the owners of four English newspapers and an Urdu daily published from Srinagar.
After the reading down of Article 370, local print media in Kashmir have stopped critical coverage of the government, fearing reprisal in the form of harassment, intimidation and curtailment of advertisements.
According to the RSF, which ranked India at 142 out of 180 countries in terms of media freedom, press freedom has significantly shrunk in the country following Modi’s re-election in 2019.
“India is one of the world’s most dangerous countries for journalists trying to do their job properly. They are exposed to every kind of attack, including police violence against reporters, ambushes by political activists, and reprisals instigated by criminal groups or corrupt local officials,” the RSF said in its latest report.
Since the last two years, the UN special rapporteur for protection of right to freedom of expression has written on at least three occasions to the Government of India over the reports of “arbitrary detentions and intimidation of journalists” in Kashmir .
In its latest communication sent to the Indian government on June 3 which was made public on August 25, the UN Rapporteur flagged the alleged incidents of harassment of Kashmir-based journalists Fahad Shah, Qazi Shibli, Sajad Gul and Auqib Javeed.
The letter also mentioned the closure of the office of the Kashmir Times newspaper.
“We express serious concern at the reported acts of harassment and seemingly arbitrary detention and criminal proceedings and detentions levied or imposed against the aforementioned journalists, which is reportedly related to their journalistic activities on the situation in Jammu and Kashmir,” the letter reads.
- Impact of Event
- 4
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment, Raid
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 14, 2021
- Country
- India
- Initial Date
- Aug 28, 2021
- Event Description
Senior BKU leader Gurnam Singh Chaduni said Sunday that a farmer who had been injured in the police lathicharge in Karnal on Saturday has died of a heart attack.
“Sushil Kajal, who owned one and a half acres of land, had been participating in the farmers’ agitation for the past nine months. He had suffered serious injuries in the police lathi charge at Karnal Toll Plaza yesterday and at night he succumbed to a heart attack… The farming community will always remember his sacrifice,” Chaduni said in a tweet on Sunday.
The Haryana Police had Saturday cracked down on farmers protesting in Karnal, leaving several injured in a lathi charge at the Bastara Toll Plaza on the national highway.
The farmers had been protesting against a BJP meeting chaired by Chief Minister Manohar Lal Khattar on the upcoming panchayat polls. Police detained several people using force to disperse a crowd that was blocking the highway in Karnal in the afternoon.
Condemning the police action, farm union leaders urged farmers across Haryana to protest on the roads. By evening, farmers blocked several stretches on the highway and toll plazas across the state, resulting in traffic snarls.
With farmers threatening to create more blockades in neighbouring states as well, vehicles were diverted via alternative routes. Later, however, the highways were reopened after police released the activists detained in Karnal.
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- Death, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to life, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 6, 2021
- Country
- India
- Initial Date
- Aug 17, 2021
- Event Description
Background of the Incident:
A lab technician named Uma Maheswar at Gandhi Hospital at Mahbubnagar Telangana, allegedly raped two sisters, aged 38 and 40, from Mahabubnagar district and confined one of them to a room for four days. The victims had accompanied the patient. While the patient was admitted to the hospital on August 5, 2021, and discharged on August 11, 2021, the two women who accompanied him went missing. After the patient was discharged, his son returned to the Gandhi Hospital in search of his mother and aunt (victims). On August 15, 2021, the son received communication that his aunt was found in a secluded place in the hospital premises in an unconscious state lying naked with visible abuse marks on her body. When she regained her consciousness, she shared her ordeal of sexual abuse and rape with her family members. The aunt told the family that while she was at the hospital, she lost her way and asked Uma Maheswar, a lab technician, for help. Taking advantage of this, he directed her into a room, where he drugged her and raped her repeatedly on multiple occasions and raped her elder sister who is still missing. On August 15, 2021, the victims approached the Mahabubnagar police station, but the police didn’t register the complaint because they said it was not within their jurisdiction. They were then to a different police station for registering the complaint and registered the complaint at Chilakaluguda police station.
Details of the Incident:
On August 17, 2021, an all-women activist’s fact-finding team with members belonging to various women rights organisations like All India Democratic Womens Association (AIDWA)- Ms. Mallu Lakshmi, WT-JAC V (Ms. V. Sandhya), POW, Ms. B. Jyoti (CMS), Ms. Krishnakumari (NFIW) and Ms. Vijaya Bhandaru (Progressive Writers Association) went to enquire about the report regarding the rape of two sisters at the Gandhi Hospital. However, they were not allowed inside the hospital and one of the HRDs on Facebook Live was stopped by the police. They were arbitrarily detained at the Lalguda Police station by the police which was already present there. Later in the evening they were released and were allowed to meet the hospital superintendent and were allowed to do the fact finding. We believe that this is an example of the misuse of power by police officials. Complete ignorance of law was displayed by the police officials in turning away the woman victim in registering the FIR from the Mahabubnagar police station. According to law, a Zero FIR can be filed in any police station regardless of the place of incident or jurisdiction. The provision of Zero FIR came up as recommendation in Justice Verma Committee Report in the new Criminal Law (Amendment) Act, 2013. The concept of Zero FIR is a free jurisdiction FIR, brought up in order to avoid the delay in filing the crime and to avoid wastage of time that adversely impacts the victim. According to Clause (e) of Section 460 of the Criminal Procedure Code (CrPC), if at the time of initiation of FIR, it looks evident that the crime was committed outside the jurisdiction of the concerned police station, then the police must be appropriately ordered to register a Zero FIR, and ensure that the FIR is transferred to the jurisdictional police station. If there is a failure in compiling with the instruction of FIR registration on acknowledgement of information about the offence, it will invite prosecution of the police officer under section 166A which provides a rigorous imprisonment of six months be extended to two years. This evasion of responsibility may invite the departmental action for the police officer. Furthermore, the detention and harassment of women activists who were undertaking a fact-finding was completely unwarranted. In violation of the DK Basu guidelines, the WHRDs were not given any reason for their detention, nor were they given any detention memo as per the guidelines.
- Impact of Event
- 5
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Right to information, Right to liberty and security
- HRD
- NGO staff, WHRD
- Perpetrator-State
- Police
- Source
Case shared by a FORUM-ASIA member
- Monitoring Status
- Pending
- Date added
- Sep 6, 2021
- Country
- India
- Initial Date
- Aug 17, 2021
- Event Description
Police in Indian occupied Kashmir (IoK) fired tear gas and warning shots on Tuesday to disperse members of the Shia Muslims community who attempted to participate in processions marking the month of Muharram. Dozens of people were detained.
Hundreds of Muslims chanting religious and pro-freedom slogans took to the streets in the main city of Srinagar despite security restrictions banning the traditional procession.
Government forces used batons to beat journalists covering the procession, according to a local reporter. Authorities erected steel barricades and barbed wire to block the crowds.
“We respect the religious sentiments and practices of all, but at the same time, it is also our joint responsibility to defeat the ill designs of vested interests who try to disturb the peaceful atmosphere,” Inspector General of Polce Vijay Kumar said on Twitter.
Muharram is among the holiest months for Shia Muslims across the world and includes large processions in which people recite elegies to mourn the death of Prophet Muhammad’s (PBUH) grandson. The mourning reaches its peak on Ashura, the 10th day of the month in the Islamic lunar calendar. Tuesday’s procession marked the eighth day on the calendar.
The traditional religious procession turned violent last year as Indian forces fired shotgun pellets to disperse crowds, injuring dozens.
Some main Muharram processions have been banned in Indian occupied Kashmir since 1989 when the locals demanded the region’s independence from India or its merger with Pakistan.
Kashmiri Muslims have long complained that the government is curbing their religious freedom on the pretext of maintaining law and order while promoting an annual Hindu pilgrimage to the Himalayan Amarnath Shrine in Kashmir that draws hundreds of thousands of visitors. The pilgrimage has been cancelled for the last two years because of the coronavirus.
A group of journalists were chased and assaulted with batons by police in full public glare to prevent them from covering the Muharram procession in the nerve centre of Srinagar on Tuesday.
The police action resulted in injuries and damage to equipment of journalists when they were merely doing their professional duties. Videos and photos splashed on social media platforms Facebook and Twitter showed policemen including their officer holding sticks chasing away and beating journalists on the road with utter disregard.
Some of the journalists who were present at the spot and received the thrashing told Kashmir Reader that the attack came when a police officer named ‘Aftab Ahmad’ abused and pushed some photojournalists who were capturing police lathi charge on Shia mourners. The mourners carrying black flags had taken out a procession in Lal Chowk to commemorate Muharram. Early in the morning, government forces including police and CRPF were deployed in strength in several Srinagar areas to prevent the mourners from taking out procession.
Amid this, many people carrying flags were able to reach Jehangir Chowk. A photojournalist Sajad Hameed who was at the spot covering the Muharram procession that he received a few baton thrashing on his legs and his camera was broken too. “It resulted in damage worth over Rs 20,000,” he added.
“Police officer Aftab Ahmad abused another journalist. We asked him not to do so. In response he attacked us, charged on us, in which many were minorly injured,” Sajad added.
According to him, the police officer Aftab Ahmad also pushed photo journalist of Hindustan Times Wasim Andrabi for nothing. He said the journalists were spread in groups capturing the procession from various angles when they were beaten.
“It was when another police officer joined in and asked them not to beat us that the beating stopped,” he added.
Andrabi told KNO that the policemen “from Shergarhi Police Station led by SHO Aftab Ahmad, beat them to the pulp for no reasons”. “We were even told that (an) FIR will be registered against us,” he added.
A video in social media showed that Aftab went berserk on a group of journalists on Tuesday morning.
“We were Covering the protest. When I saw a policeman attacking a fellow journalist l, I rushed to the spot to check what was happening. In between there was a lathi charge. We moved to a secure place, ” said photojournalist Faisal Khan.
“The cop did not listen to us for a moment and we found wisdom in escape” he added.
In the past police have said that police will act professionally while handling journalists on the ground and will make efforts to prevent the attacks.
Senior Superintendent of Police Srinagar Sandeep Choudhary was not available for the comments when reached by Kashmir Reader.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of Religion and Belief, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, Media Worker, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 23, 2021
- Country
- India
- Initial Date
- Aug 8, 2021
- Event Description
Chennakeshavalu, who was working with a local news channel, was reportedly stabbed by a police constable.
A journalist of a local news channel EV5 was done to death allegedly by a Two Town Police Constable and his brother in Nandyal town, Kurnool district late on Sunday night for allegedly exposing the illegal activities of the cop identified as Venkatasubbaiah.
Superintendent of Police, Sudheer Kumar Reddy, said that Venkatasubbaiah and Nani called the reporter Chennakeshavalu, 35, to a place in NGO Colony to discuss the news telecast by him regarding the alleged sale of gutkha and matka activities being carried on by the police constable. When Chennakeshavalu. arrived at the spot, the constable and his brother allegedly stabbed him to death with a screwdriver and fled the scene.
“The eyewitnesses immediately took him to the hospital at about 11 p.m., but he did not survive. We have formed teams to nab the accused brothers,” the SP added. The Two Town Circle Inspector said that the search was still on and cases under section 302 of IPC were registered against both of them. The Superintendent of Police reached Nandyal after midnight and is supervising the investigation into the case.
Meanwhile, the Andhra Pradesh Union of Working Journalists and the APWJ Federation have expressed dismay at the turn of events and have demanded immediate arrest of the constable and his brother.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 10, 2021
- Country
- India
- Initial Date
- Aug 1, 2021
- Event Description
At approximately 1:00 a.m. on August 5, police raided the home of Shibli, editor of the news website The Kashmiriyat, in Anantnag city in central Jammu and Kashmir, for approximately two hours while he was not there, according to Shibli, who spoke with CPJ via phone.
Shibli’s mother, two sisters, sister-in-law, two brothers, nephew, and niece were present during the raid at his home, according to Shibli, who said that police confiscated the adults’ phones and computers. Shibli said his own laptop and phone were with him at the time of the raid.
At approximately 1:30 a.m. the same day, Kashmir police also searched the homes of Shibli’s cousin and grandmother for roughly 20 and 30 minutes respectively, he said.
“The raids on the homes of Qazi Shibli and his family members add to the ongoing pattern of targeted harassment against journalists in Jammu and Kashmir, which must come to an end immediately,” said Steven Butler, CPJ’s Asia program coordinator. “Police should cease harassing Shibli and allow him and other members of the press in Jammu and Kashmir to report freely.”
Police broke the lock of Shibli’s home and forcibly entered the premises without demonstrating a warrant or providing a justification for the raid, according to Shibli. Police also broke several glasses, window panes, and a security camera outside Shibli’s home, and confiscated a CCTV intercom monitor, according to Shibli and photos of his home following the raid, which CPJ reviewed.
Police asked Shibli’s family members for his location, which they refused to provide, he said. Police also called Shibli’s mother and sister, who were at his home at the time of the raid, “prostitutes,” Shibli said.
Shibli said he did not know what, if any, of The Kashmiriyat’s reporting may have triggered the raids. Hours before the raids, The Kashmiriyat reposted a 2017 article on its Facebook page about Kashmiri militant Yawar Nisar, who was allegedly killed by Indian forces.
The Kashmiriyat covers general news about Kashmir, including politics and current affairs, according to CPJ’s review.
Kashmir Police Inspector-General Vijay Kumar did not respond to CPJ’s request for comment via email.
Authorities detained Shibli from July 2019 to April 2020 under the Public Safety Act without trial, according to CPJ research and news reports. In July 2020, Shibli was detained again for 18 days after he was summoned for questioning by the cybercrime division of the Jammu and Kashmir police, as CPJ documented and news reports said.
- Impact of Event
- 11
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- Intimidation and Threats, Raid, Vilification
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to property, Right to protect reputation
- HRD
- Family of HRD, Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 8, 2021
- Country
- India
- Initial Date
- Jul 15, 2021
- Event Description
Day 2 of the demolition drive in Faridabad’s Khori village was marked by confrontation between residents and police, with nine people being taken into preventive custody for allegedly making “provocative speeches” during a protest Thursday.
According to police, the incident took place around 8.30 am. An FIR has been registered based on a complaint submitted by a police officer who was at the spot. “Around 100-125 men and women gathered there and started staging a demonstration and shouting slogans against the administration. Three-four men and four-five women also started provoking the crowd by making provocative speeches,” alleges the complainant.
The complaint said additional police force was called and those making “provocative” speeches were taken into custody. Speaking to The Indian Express, DCP (NIT) Anshu Singla said, “We took nine people into preventive custody from Khori village this morning.”
Residents in the village, however, alleged police lathi-charged them before the demolition began. In a statement, National Alliance of People’s Movements reiterated these allegations: “Today morning, on July 15, police resorted to violence against Khori residents who protested peacefully on the streets of Khori Gaon.”
In a video purportedly from Khori village that has been circulating online, a person in plainclothes can be seen slapping and pushing a man, believed to be a resident of the village, until the latter hits a brick wall and falls. The person can then be seen helping the man get up, joined by two other persons — one wearing riot gear — and leading him away from the spot.
DCP Singla said: “There is a video that is circulating but it is impossible to comment on the nature of the video, when it is, who are the people, whether it is doctored, not doctored. However, if we receive any formal complaint, we will certainly enquire into it and deal with the matter according to law.”
On allegations of lathicharge, Singla said: “The demolition took place peacefully to my knowledge, I don’t know what is being alleged but there was no lathi charge done by Faridabad Police.”
Commissioner of the Municipal Corporation of Faridabad, Garima Mittal, also said: “The demolition proceeded smoothly and peacefully today. There was no violence.”
The demolition comes after the Supreme Court on June 7 had directed the MCF to clear all encroachments on “subject forest land” in Khori village in six weeks. The civic body had finally started the work on Wednesday morning.
Although a rehabilitation policy was released by the MCF earlier this week for relocation of residents, wherein they will be allotted flats in Dabua Colony and Bapu Nagar, only those people are eligible for it who have an annual income up to Rs 3 lakh and meet one of three conditions – the name of the head of the family is on the voter list of the Badkhal assembly constituency as of January 1, 2021; the head of the family has an identity card issued by the Government of Haryana as of January 1, 2021; or any family member has an electricity connection issued by the Dakshin Haryana Bijli Vitaran Nigam (DHBVN).
“We have set up a camp near Khori village where residents can sign up for the rehabilitation scheme. However, it has only been a day, we are still waiting for applications,” said the MCF Commissioner.
Residents said the rehabilitation policy is unfair since it will not cover several people who have documentation from Delhi and not Haryana. Those eligible like Shipali Das (35), who works as a domestic help and is a single mother to a teenage daughter, are not aware of the policy at all.
“I have a Parivar Pehchan Patra from Haryana, but I have not heard of any rehabilitation scheme, nobody has told me anything about it,” said Das.
The demolition of her home, she said, will undo all the progress she has made since her husband abandoned the family several years ago: “I paid Rs 1 lakh just to purchase this land; I did the labour myself and built a house on it at a cost of Rs 2.5 lakh. Now all of that is going to be taken from me in a single day… I have nobody else to depend on… I do not know where we will go if our home is demolished. I am still hoping for a miracle.”
On July 15, police again repeatedly told Pal to stop filming at a protest site in the village, she told CPJ. A police officer attempted to block her camera as she filmed, as seen in a video she posted to Twitter that day.
Also that day, police forced Mohit Kumar, a Newsclick camera operator, to leave a crowd of protesters and move to another location, placed a baton between his feet to stop him from moving, and threatened him, saying, “we can do anything to you,” according to Kumar, who also spoke to CPJ. Police then told him to leave the area, and he complied, Kumar said.
Multiple police officers also threatened to break and confiscate Kumar’s camera and delete its footage on July 15, according to Pal and Kumar, who both said that they carried their press identification cards and repeatedly identified themselves as members of the press to police.
Also that day, two police officers armed with batons approached Hrishikesh Sharma, a reporter at the YouTube-based news channel Mojo Story, while he was filming a home that was about to be demolished, and threatened to break his phone if he did not stop filming and leave the area, he told CPJ. Sharma continued to discretely film in another area, he said.
Multiple police officers threatened to break the camera of Prabhat Kumar, a freelance journalist who filmed demolitions in the area, Kumar told CPJ, adding that an officer threatened to arrest him if he did not stop filming. Police also locked Kumar in a building after he had ascended to a terrace to film a protest, he said, adding that local residents opened the door and allowed him to leave about 15 minutes later.
On July 16, police officers armed with guns and batons threatened to arrest Naomi Barton, an audience editor with the news website The Wire who was reporting on the demolitions, if she did not stop filming at a demolition site, she told CPJ. Barton showed officers her press identification card but they insisted she leave the area, and she complied, she said.
Also that day, an unidentified individual in plain clothes approached Nikita Jain, a freelance journalist, and told her not to take pictures at a demolition site, and threatened to inform the police if she did not stop, she said.
A group of about 10 police officers surrounded Jain as she attempted to leave the village, and a senior officer told her that press coverage was prohibited in the area, she said. When Jain asked that officer to show her an official order prohibiting coverage, he refused and instructed Jain to show him her phone and delete its footage, she said, adding that she refused to comply.
That officer then instructed a group of female officers to escort Jain to another area, and told them to beat her if she resisted; the officers pushed Jain to another area, where a police officer threatened to break her phone and others ordered her to enter their car, she said. Jain told CPJ that she refused to comply and left the village on her own.
- Impact of Event
- 8
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to property
- HRD
- Community-based HRD, Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 1, 2021
- Country
- India
- Initial Date
- Jul 17, 2021
- Event Description
On 17 July Aakash Hassan, an independent journalist and human rights defender based in Indian administered Kashmir, was assaulted by Jammu and Kashmir Police in the Anantnag District. The defender was stopped by police while travelling home on Saturday evening, slapped and beaten with poles. The police deliberately targetted the defender while clearing routine traffic congestion, when they identified him through the press pass on his vehicle. Aakash Hassan is an independent journalist based in Srinagar in Indian administered Kashmir. He has contributed to reports in the Guardian, Al Jazeera, Intercept and other international publications. His reporting is focused on the impact of the conflict and militarisation on the lives of ordinary citizens in Kashmir, especially women. Recently he has written on increasing surveillance by State police and military on ordinary civilians, and human rights violations including torture by the Jammu and Kashmir police and military. Hassan has been targetted in the past, by local police, through summons and interrogation, based on his reporting on human rights issues. On 17 July at around 9 pm, Aakash Hassan was travelling home, when he was caught up in traffic congestion near Sangam Bridge in Anantnag town. He was driving slowly, when the police officer directing traffic, saw the press sticker on his vehicle, and shouted ‘press press’. Immediately at least two police officers surrounded his vehicle and reportedly beat him including with batons. Aakash Hassan told Front Line Defenders that one officer grabbed him by the collar and beat him on his face and tried to drag him out of the vehicle. The journalist was able to drive away from the scene and seek immediate medical treatment for his injuries. Images shared with Front Line Defenders and also on the journalist’s twitter handle show the defender with visible injuries to his face and hands. Hassan believes that he was targetted due to his identity as a journalist. In response to widespread condemnation of the attack, the district police in Anantnag stated that “Cognisance taken. Circumstances that led to this being looked into...”. A local superintendent had also contacted the journalist and informed him that action would be taken. Despite these assurances, at the time of this appeal, the journalist is not aware of any action taken against those responsible. The attack on Hassan, is emblematic of the violence and impunity for threats, harassment against human rights defenders in the region. Journalists and human rights defenders in Kasmir have been under severe pressure from State authorities especially the police and military, due to their human rights work. Documenting and reporting on violations from inside the region, has always carried significant risk. The dangers include false arrest, prosecution, and violence, increased since the unilateral abrogation of Statehood and lockdown imposed post 5 August 2019. Front Line Defenders has documented cases of journalists and human rights defenders targeted through legal and police action including preventive detention under the draconian National Security Act, which is applied in Kashmir. Surveillance of communications and movement, and intimidation is routine.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 1, 2021
- Country
- India
- Initial Date
- Jun 30, 2021
- Event Description
On June 30, officials from the national Income Tax Department visited the offices of Newsclick in New Delhi and questioned its editor-in-chief, Prabir Purkayastha, and another editor, Pranjal, who uses one name, for five hours each, according to a report by the local newspaper The Telegraph and an editor with the outlet, who spoke to CPJ on the condition of anonymity, citing fear of official reprisal.
The tax officials questioned both editors in relation to a money laundering investigation, according to those sources. Delhi police previously opened a separate money laundering investigation into the outlet in August 2020, according to a police document reviewed by CPJ, and the Finance Ministry’s Enforcement Directorate is pursuing a third investigation into the outlet, also for alleged money laundering, according to that editor and The Indian Express.
During questioning, both editors were given summons from the Economic Offenses Wing of the Delhi police, ordering Purkayastha to attend questioning tomorrow and Pranjal on July 9, the editor said, adding that both journalists plan to comply.
A second Newsclick editor, who also spoke to CPJ on the condition of anonymity due to fear of reprisal by authorities, said they believed that authorities had opened the investigations in retaliation for the outlet’s coverage of the nationwide farmers’ protests last year.
“The ongoing investigations into Newsclick and its editors by three government agencies are a blatant intimidation tactic aimed at chilling critical reporting,” said Steven Butler, CPJ’s Asia program coordinator. “Authorities should drop the investigations, cease their harassment of Newsclick and its employees, and allow them to report freely.”
On June 23, the Finance Ministry’s Enforcement Directorate announced that it would provide the defendants with the specific allegations against Purkayastha and PPK Newsclick Studio Private Limited, the website’s parent company, according to The Indian Express. The ministry had not provided that information as of today, the first editor told CPJ.
During the June 30 questioning, officials ordered Newsclick to submit a number of tax documents from the last four years by July 5, that editor told CPJ, adding that the outlet complied and sent some documents yesterday, and received permission from the Income Tax Department to send more by July 8.
Umakant Lakhera, president of the Press Club of India, told CPJ via messaging app that the organization supported Newsclick, which he said had “paid for its critical reporting” with the investigations.
PPK Newsclick Studio Private Limited, Purkayastha, and Pranjal have each filed requests to the Delhi High Court to drop the police investigation, the first editor told CPJ. Purkayastha and Pranjal have also filed for anticipatory bail and interim protection from police action, that editor said.
The Delhi High Court previously granted such protections to Newsclick’s parent company and Purkayastha in relation to the investigation by the Enforcement Directorate, according to The Indian Express, which said that the court yesterday extended those protections until July 29.
Previously, in February, the Enforcement Directorate raided Newsclick’s office in New Delhi, as well as the homes of Purkayastha, one other editor, and two members of its management, as CPJ documented at the time. Authorities seized the outlet’s equipment during those raids, including the communication devices of its directors and senior management, according to news reports.
In a statement issued in February, Newsclick’s editorial team wrote that the outlet had “nothing to hide” and was cooperating with authorities. The statement also accused authorities of attempting to “cow down an independent and progressive voice through a vindictive course of action.”
CPJ emailed the Income Tax Department and Enforcement Directorate for comment but did not receive a response. Chinmoy Biswal, a Delhi police spokesperson, did not respond to CPJ’s request for comment via messaging app.
- Impact of Event
- 3
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Jul 19, 2021
- Country
- India
- Initial Date
- Jun 28, 2021
- Event Description
Pateshwari Singh, a journalist associated with Bharat Kanak and Jana Sandesh Times, was hit by a vehicle and beaten up on June 29 after publishing critical news about a politician in Uttar Pradesh. The International Federation of Journalists (IFJ) and its Indian affiliates, the Indian Journalists Union (IJU) and the National Union of Journalists – India (NUJ-I) urge for the impartial investigation into the case.
The bureau chief of Bharat Kanak and the Ayodhya correspondent for Jan Sandesh Times was on his way from Tatarganj to JB Nagar Colony on the morning of June 29 when he was hit byblack car while riding his motorcycle in the city of Kotwali. Five to six unidentified assilants who were in the car then beat up Singh with canes and rods, leaving him critically injured. The assailants also snatched his mobile phone. He suffered serious head and skull injuries was rushed to a district hospital before being shifted to a private hospital.
According to a video shared on Twitter by Singh, during the assault the attackers talked of his critical news reports about Indra Pratap Tiwari, a local lawmaker with the ruling Bharatiya Janata Party (BJP), and Vikas Singh Deogarh, an associate of the lawmaker. He said the attackers threatened to kill him. “They would have killed me if some locals had not rescued me,” he added in the video testimony.
Singh had published news about the lack of development in Tiwari’s constituency. A few days before the attack, an elderly man had reached out to journalist Singh and advised him not to write critical news stories about the BJP lawmaker. Tiwari denied any involvement in the attack.
Following the incident, a First Information Report (FIR) was filed in Kolwali Police Station, Uttar Pradesh against unidentified persons. The FIR was registered under sections 147 (rioting), 148 (rioting, armed with deadly weapon), 323 (voluntarily causing hurt) and 506 (criminal intimidation) of the Indian Penal Code (IPC), however doesn’t mention of the BJP lawmaker and his associate. Police say they have started an investigation on the case.
The brazen attack follows the killing of Sulabh Srivastava, a journalist with private television channel ABP News from Uttar Pradesh. He died under mysterious condition on June 13, a day after filing a complaint to Uttar Pradesh police seeking protection.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Jul 19, 2021
- Country
- India
- Initial Date
- Jul 4, 2021
- Event Description
The Sadar Bazar police in Shahjahanpur have registered an FIR against Newslaundry journalist Nidhi Suresh pursuant to a defamation complaint filed by journalist Deep Srivastava. The FIR was filed at 3.43 pm on July 4.
Srivastava filed his complaint on grounds of defamation. The Uttar Pradesh police accepted it and filed an FIR under Sections 500 and 501 of the Indian Penal Code. The FIR was filed on the basis of a tweet by Suresh; it does not clarify which tweet.
It should be noted that the Supreme Court of India has held that for criminal defamation, the complainant must file a complaint before a magistrate under Section 200 of the Code of Criminal Procedure as the said offences under Section 500 and 501 of the Indian Penal Code are non-cognizable.
At 11.07 am on July 5, Suresh received a phone call from the investigating officer (without any formal notice) asking her to record a statement in Shahjahanpur on the basis of the FIR.
She received a second phone call at 6.05 pm the same day, asking that she “go to the station personally and give a written and oral statement”. When she said she was in Delhi, not Uttar Pradesh, the officer said, “You need to be here in person.”
On July 1, Suresh had reported on a woman named Ayesha Alvi who had petitioned the Delhi High Court on being “harassed” by the media after she converted to Islam. In her petition, Alvi had mentioned receiving a call from a mobile number and the caller “threatened that he will publish the news about my conversion and that I would get arrested and he demanded money from me and when we denied he threatened again. Thereafter he forcefully took 20 thousand rupees from us”.
This information reported by Suresh was in the public domain.
In her report, Suresh said that she called the number and the person “identified himself as Deep Srivastava, reporter at News18”.
The report said that Srivastava “told Newslaundry there was ‘no truth’ in the claim that he had extorted money from Ayesha. When asked if Ayesha had initially refused to give him a video statement, Srivastava said, ‘I can’t talk about this over the phone.’ He then cut the call.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Jul 19, 2021
- Country
- India
- Initial Date
- Jul 3, 2021
- Event Description
On July 3, the police headquarters of the Kashmir zone issued a legal notice to Varadarajan, editor-in-chief of the independent news website The Wire, indicating that police were considering legal action against the outlet for allegedly “propagating concocted stories” and “rumor mongering,” and requesting Varadarajan’s response to those allegations within one week, according to a copy of the order, which CPJ reviewed, and Varadarajan, who spoke to CPJ via messaging app.
The police document cites a June 7 article regarding the killing of a Kashmiri resident in police custody, and a June 28 article on the killing of a police officer in the region’s Pulwama district. Varadarajan told CPJ that The Wire stood by both stories.
“Jammu and Kashmir authorities’ notice threatening legal action against journalist Siddarth Varadarajan only adds to the ongoing targeted harassment of The Wire in obvious retaliation for its critical reporting,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “Authorities should immediately withdraw the notice and allow The Wire and all media outlets to report freely on issues of public interest.”
Rohit Kansal, a Jammu and Kashmir government spokesperson, did not respond to CPJ’s request for comment sent via messaging app. CPJ also emailed Kashmir Police Inspector-General Vijay Kumar for comment, but did not receive any reply.
Last month, police in the state of Uttar Pradesh opened a criminal investigation into The Wire and three other journalists for allegedly sharing an unverified video that could cause social unrest, as CPJ documented at the time.
Previously, in April 2020, Uttar Pradesh police filed a criminal complaint against Varadarajan for allegedly spreading discord, enmity, and rumors during the COVID-19 lockdown.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 17, 2021
- Country
- India
- Initial Date
- Jun 16, 2021
- Event Description
Mr. Saddam Khan (26) is a correspondent in a daily newspaper “Jan Sandesh” in Elia, Chandauli, since last five years. He has written articles on various issues of public concern including on illegal mining in the area.
On the evening of June 10, 2021, Mr. Saddam Khan was at the government wheat selling centre in Janakpur-Gandhinagar area, when a stone-loaded tractor-trolley passed by. Being a journalist, Mr. Khan clicked photographs of that tractor-trolley with an intention to further research and publish them in a story in case of illegal transportation of stone. A man riding on a bike along with the tractor stopped him from taking photographs. The man identified himself as Mr. Komal Yadav and had an argument with Mr. Khan. During the argument, Mr. Khan called the SDM Mr. Ajay Mishra to provide information about the tractor transporting stone. Upon hearing the SDM being called on phone, Mr. Yadav rode away hurriedly. On June 12, 2021, news related to this incident was published in 'Jan Sandesh newspaper' with the heading “च"कया म' हो रहा प,थर. का अवैध खनन” (Illegal mining of stones in Chakia). The news article said that despite the administrative vigilance, the illegal mining of stones continued in the hilly area of Chakiya. According to this news article, as soon as dusk settles, tractor-trolleys laden with stones from illegal mining move to different areas of Chakia, Elia and Shahabganj. The entire mafia network is involved in this illegal activity and it is being alleged that the local police is also in collusion. Perhaps that is the reason why the illegal mining mafia are fearless. Villagers alleged that the illegal mining mafia does not fear the local administration. DFO Mr. Dinesh Singh’s statement was also included in the article, who was quoted as saying that two tractor-trolleys had been caught with illegal stones in the past. He
said that the forest department was keeping a close watch on the mining and transportation of illegal stones, however, asked for cooperation from the local police. He also said that the role of the local police was doubtful and questionable but the forest department is making continuous efforts to act strictly against the vehicles involved in such acts, their owners and mafia. On June 15, 2021, at 8 pm, Mr. Khan got a call from an unknown number. The caller identified himself as Mr. Yadav. He used abusive language on the phone, repeating the incident of taking photos, and threatened Mr. Khan with dire consequences. On June 16, 2021, at 10 pm, Mr. Khan filed an FIR No. 0063/2021 in the Elia police station against Mr. Yadav on the above incident in detail, The FIR included IPC Sections 504 Intentional insult with intent to provoke breach of the peace and 506 Punishment for criminal intimidation. But no action was taken against the perpetrator by the police. Mr. Khan alleges that he sought information about 3-4 times from Mr. Mithilesh Tiwari, SHO, Elia police station on actions taken on the FIR, however, the SHO had one answer - the police is doing its work and the accused person was not found at home when the police went to arrest him.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
Case shared by FORUM-ASIA member
- Monitoring Status
- Pending
- Date added
- Jul 16, 2021
- Country
- India
- Initial Date
- Jul 10, 2021
- Event Description
Mr. Nitin Verghese is a human right defender associated with the Jagrit Adivasi Dalit Sangathan (JADS), a tribal and Dalit Rights Collective which has been working for fourteen years in Madhya Pradesh.
On July 10, 2021, Mr. Nitin Verghese, along with eight other activists, visited the site where houses and fields of adivasis were being demolished. Upon reaching the spot, they saw four members of the affected families. Some of them were Budia wife of Lalu (40), her twelve-year-old daughter Pooja and son Ramlal along with Sheka son of Harsing. They were forcibly picked up and taken away by forest officials. When Mr. Verghese and others complained about this to the Deputy Forest Officer (DFO) Mr. Charan Singh, who was at the spot, they were also picked up and their phones snatched. The actions of the DFO are consistent with abduction, absolute disregard to the laws and rules to be followed in case of arrests. There is no official information confirming the place of detention, condition of detention, calls to relatives or colleagues of the HRDs and any communication with the legal services authorities. Even if Mr. Verghese and the other HRDs are to be placed under arrest, none of the guidelines laid down by the Supreme Court with regards to the arrest have been followed. These guidelines are also a part of ‘The Wildlife Crime Investigation Handbook’ of the Wildlife Crime Control Bureau of the Ministry of Environment, Forests and Climate Change, which are applicable to forest officials. The Wildlife Crime Investigation Handbook states that the proceedings of the arrest should be recorded on an Arrest cum Personal Search Memo and the reasons for the
arrest should be mentioned in the Memo. All pages of the Arrest cum Personal Search Memo should be signed by the accused, the independent witnesses and the investigating officer or the officer making the arrest. Left hand thumb impression of the accused is also to be obtained on the last page of the Arrest cum Personal Search Memo. Copy of the same should be supplied to the accused under acknowledgment. It states that preferably the arrests should be made “in the presence of a relative or well-wisher of the accused or in the presence of two independent witnesses.” Furthermore, it states that intimation of arrest should be given immediately to a family member/relative/well-wisher of the accused, which has been suggested by the accused and also to the jurisdictional police station. If the intimation is given telephonically, the same should be confirmed in writing at the earliest.
- Impact of Event
- 9
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- Abduction/Kidnapping
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Source
Case shared by FORUM-ASIA member
- Monitoring Status
- Pending
- Date added
- Jul 16, 2021
- Country
- India
- Initial Date
- Jun 30, 2021
- Event Description
Over 500 residents of Khori village who lined up on the border of Delhi and Haryana in Faridabad on Wednesday were stopped from protesting against the eviction orders of the Supreme Court. The court had ordered the eviction and the demolition of the residential colony in a bid to protect the green cover of Aravalli mountain range. In its judgement on June 7, the court had sought compliance reports from Haryana government officials within six weeks.
Section 144 was imposed in the village prohibiting the gathering of four or more persons following the apex court judgement. On Wednesday, at the congregation, the residents were expecting to show symbolic resistance and send out a message to the Haryana government that they cannot be evicted in the midst of the ongoing pandemic without any arrangements for rehabilitation.
As residents lined up to enter Ambedkar Park in their locality for the protest gathering, they were faced with enormous backlash from the police forces who later resorted to lathi-charge. The police said that they could not let a protest gathering take place in the view of the orders of the Supreme Court and the state government.
Sushil Kumar, a resident of Khori village who had come to participate in the gathering, said, “This is what they do to innocent people like us–we have no space to even raise our voice and share our anxieties. Today was so symbolic to us and we have been treated with lathis. If there is COVID scare associated with our gathering, does the same not apply to the 400 police persons stationed across our village?”
The police were seen dragging out protestors and using force on them. Two student activists from the group BCEM, Ravinder Kaur and Rajveer Singh, were also detained at the Surajkund police station amid the crackdown on protesters. The police while confirming their detention stated that the activists have been called in for questioning as they violated Section 144.
Breaking down during the protests, Sameena Khan, who has lived in the village for over two decades, said, “No one wants to stand in the scorching Delhi heat. All we want is for the roof over our heads to stay. For me, it is death first and then the house–I would rather die. The police are asking us to go back to our homes and not protest but they are taking away our homes too, where do we go?”
The anxieties of the residents continue to rise with their voices being suppressed and no clear means of rehabilitation in sight. While the date for the demolition has not been finalised yet, many fear that demolitions are scheduled to take place as soon as next week.
The residents, who are being labelled as encroachers, reiterated that they had bought the land from builders who worked in connivance with the forest department and the state police. “The BJP has betrayed us, they had promised to protect us, instead we have been used as scapegoats and vote banks. When we do come out to raise our voice this is what happens to us. We are being cornered from every side and asked to leave, but where do we go?” one of the protesters asked.
Post the SC order, electricity and water supply in the village remain snapped causing deep distress amid the rising heat in Delhi. The residents have been going as far as three kilometres away to the Lal Kuan area to get water supply.
The residents of Khori had previously staged a protest on June 11. However, about 100 persons now face charges for participating in the protest while others were detained. The charges against the residents include Sections 109, 114, 147, 149, 186, 188, 269, 283, 341 and 506 of the IPC, and Section 61 of the Disaster Management Act. The residents had gathered on the main road raising slogans against the state government and municipal corporation authorities. The arrests had led to the creation of an atmosphere of fear and anxiety.
Currently, the residents have pledged to keep their movement alive to demand answers from the state administration and refuse to leave their homes.
- Impact of Event
- 3
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- #COVID-19, Freedom of assembly, Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, Land rights defender, Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 16, 2021
- Country
- India
- Initial Date
- Jun 15, 2021
- Event Description
Kannada actor and anti-caste activist Chetan Kumar said the Basavanagudi police in Bengaluru questioned him on June 14 (Wednesday) for four hours in the case where he was booked for allegedly "hurting religious beliefs through his recent tweets on Brahminism. The actor said that the police summoned him for his posts on social media, where he criticised Brahminism, quoting Dr BR Ambedkar and Periyar.
Following his four-hour interrogation, the actor took to Twitter and said, "I stood by truth and democracy. I am proud to contribute in my own small ways to the global movement for equality, justice and non-violence. Fight goes on!" On June 15, the actor received a notice from the Basavanagudi police station to appear for inquiry about his social media posts against Brahminism.
There are two first information reports (FIRs) registered against Chetan Kumar in two police stations — Ulsoor Gate and Basavanagudi police stations. According to The Hindu, while Brahmin Development Board filed the complaint with Ulsoor police station, a community organisation filed the complaint with Basavanagudi. He has been booked under section 153B (imputations, assertions prejudicial to national integration) and 295A (deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs) of the Indian Penal Code.
The Karnataka Brahmin Development Board had submitted a complaint against Chetan to the Bengaluru Police Commissioner Kamal Pant. The Board claimed that the actor's views hurt "religious beliefs." The complaint against him read that Chetan's remarks were “making imputations prejudicial to national integration.” Shivaram Hebbar, the Minister of Labour Department, too, alleged that Chetan hurt the Brahmin community’s sentiments and insulted the Constitution. The Minister also called for action against the Kannada actor.
The actor had written posts against Brahminism two weeks ago, in response to actor Upendra's remarks that talking about caste perpetuates it. On June 6, the actor tweeted a photo of himself and captioned it, "Brahminism is the negation of the spirit of Liberty, Equality, Fraternity... We must uproot Brahminism — Ambedkar. While all are born as equals, to say that Brahmins alone are highest and all others are low as untouchables is sheer nonsense. It is a big hoax — Periyar."
Chetan's stand has earned him support from several Ambedkarites and anti-caste activists. Amid the complaints, Chetan Kumar said that he will continue to talk about caste. The actor said that he has been highlighting and placing the anti-caste ideas of Ambedkar, Periyar, and Kuvempu for a decade in a modern context.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Artist, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jul 16, 2021
- Country
- India
- Initial Date
- May 23, 2021
- Event Description
Buxar-based journalist Umesh Pandey is facing threats and a police case for publishing a news report that said Union minister Ashwini Choubey had on May 15 relaunched old ambulances with new posters.
Umesh Pandey said that a Bharatiya Janata Party (BJP) leader has threatened his family, warning him against publishing such news reports in the future. The case registered against him invokes charges such as defamation and intimidation, among others.
Pandey, 40, works as a correspondent in Buxar for the news portal ETV Bharat – a division of the multi-dimensional business conglomerate Ramoji Group. He has been associated with ETV Bharat since July 2018.
Pandey had written a series of stories which revealed that Choubey, the BJP MP from Buxar and Union minister of state for health and family welfare, was part of a programme in which old ambulances were relaunched with new posters.
He also reported that the same ambulances were “inaugurated” multiple times at different locations. Choubey even tried to send them to Bhagalpur, his home district, according to the reports. Pandey claimed that Choubey had launched the same ambulances four times.
The latest launch was done virtually on May 15 at the Buxar collectorate by Choubey. This revelation went viral and was shared widely on various social media platforms.
Bihar’s leader of opposition Tejashwi Yadav tweeted a screenshot of the story, commenting in Hindi, “This great man is Central minister Ashwini Choubey. He brings all the ambulances, paying one day’s fare to just inaugurate them. After the inauguration, the owner drives back it. After one year again he brings them and inaugurates them.”
It seems the latest story has irked the BJP. The eight-page complaint letter typed in Hindi by Parshuram Chaturvedi, a BJP leader, and submitted to the Buxar town police station on May 23 detailed nine stories which were done by Umesh Pandey.
In his written complaint, Chaturvedi alleged, “Umesh Pandey through news articles and personally is threatening and mentally harassing us. He is also breaking the social fabric and creating tension among people during the COVID-19 pandemic. He is blackmailing for money and ruining the image of the state government, Central government and minister Ashwini Choubey.”
They revolve around six ambulances which were given by SJVN Limited – a Central public sector enterprise under the administrative control of the Ministry of Power which is establishing a 1,320MW thermal power plant in the Chausa area of Buxar – to the district health society in March, just before the 2019 Lok Sabha elections as part of its corporate social responsibility (CSR) duties. Choubey reportedly directed authorities to redirect these ambulances to SJVN after the Lok Sabha elections.
This caused a lot of outrage, which prevented the company from taking the ambulances out of Buxar for over a year. They were kept in the Sardar Hospital’s premises. These same ambulances were launched with new posters by Choubey, the reports allege.
Police have confirmed to The Wire that a first information report (FIR) has been registered on the basis of the complaint. The FIR has been lodged under various sections of the Indian Penal Code, including defamation, criminal intimidation, public nuisance and cheating.
It is believed that the FIR was filed at Ashwini Choubey’s behest. The complainant Parshuram Chaturvedi is the son of veteran Congress leader Jagat Lal Chaturvedi and is very close to Ashwini Choubey.
According to sources, Choubey had successfully lobbied to get Chaturvedi the Buxar ticket during the 2020 assembly election. He, however, lost to the Congress. Indeed, Choubey’s pressure forced the Janata Dal (United) [JD(U)] to drop its plans of giving the seat to Gupteswar Pandey, the former DGP who took voluntary retirement and joined the party.
Umesh Pandey was initially unaware of the police complaint against him.
“On May 28, I was sitting at a closed betel shop and chatting with local people when someone said that an FIR had been lodged against me in the town police station. I was surprised,” he told The Wire.
While Chaturvedi alleges that the stories were baseless and targeted the minister’s image, Umesh stands by his reporting. He said, “Whatever I have written is with proof and I am ready to fight.”
Before lodging a police complaint, Parshuram paid a visit to Pandey’s house. Umesh usually leaves around 10 am to report the news. He did so on May 20 too. When he returned in the evening, his family members looked frightened and his father told him about Parshuram’s visit.
Pandey lives with his father, mother, wife and five-year-old child. “My father told me that Parshuram had come here with a gunman, though he is neither an MLA nor holds any government post. My father served him tea. He told my father that I should stop reporting about the ambulances, or things could ‘get out of hand’. He also talked about taking legal action,” Pandey told The Wire.
“My family members are scared. It was an open threat against me. They should send a legal notice to my office if they thought the news was incorrect. He should not have come to my house when I was not there nor should an FIR be lodged against me,” the journalist said.
Chaturvedi confirmed to The Wire that he had visited Pandey’s house but denied making any threats. “I just went there to make him understand that he should not do these things (write such news). I have no personal fight with him.”
“He was continuously publishing news against the party (BJP) and leader (Ashwini Choubey) and misguiding people. I advised him 20 times that if he wants to do journalism, he should remain a journalist. If you become a spokesperson of any party, then leave journalism. But he did not listen. He kept diminishing our party and our leader and Central minister Ashwiniji. So I had no other option except lodging a complaint,” Chaturvedi claimed.
The Wire asked him if Umesh Pandey had called him or any other member of his party to ask them for money, as the complaint alleges. He said, “My simple point is, why he should make baseless comments? He has threatened many times that he will run such news.” The Wire asked him why he had accused Pandey of forgery, to which Chaturvedi said, “He was making wild allegations without any proof and misguiding people. Is it not forgery?”
When asked for more information about Pandey’s alleged blackmailing, Chaturvedi disconnected the phone.
Umesh Pandey dismissed these allegations outright, saying that he repeatedly called Ashwini Choubey between May 16 and 18, but only for his comment on the report. The Union minister did not pick up the call, he said. “Then I contacted Rahul who takes his (Ashwini Choubey) photos but could not talk to Ashwini Choubey. Apart from Choubey and Rahul, I never called any BJP leader. If I have done so, then they must make those calls public,” he told The Wire.
“I believe that the FIR has been filed for reporting the wrongdoings of a public representative. My institution is standing by me.”
Umesh Pandey is yet to be questioned by the police in this case. Ranjit Kumar Sinha, in-charge of the Buxar town police station, told The Wire that the matter is under investigation. He did not offer any other information.
The FIR against Pandey is the latest in a slew of cases registered against journalists in Bihar for doing their job.
On May 25, the superintendent of the Magadh Medical College and Hospital in Gaya had lodged an FIR under the Epidemic Diseases Act against Dainik Bhaskar journalist Ranjan Sinha and his associate, accusing him of entering a COVID-19 ward.
On February 20, rumours had spread about a leak of the English exam paper during the board examinations. The education department had lodged an FIR lodged at the Kotwali Police station in Patna against two journalists who had tweeted the allegations.
Last year, state authorities had lodged a police complaint against many journalists for merely reporting on the government’s mismanagement of COVID-19.
Across the country, around 55 journalists faced arrest, registration of FIRs, summons or show-cause notices, physical assaults, alleged destruction of properties and threats for reportage on COVID-19 or exercising freedom of opinion and expression during the national lockdown from March 25 to May 31, 2020, as per a report prepared by the Rights and Risks Analysis Group (RRAG).
In the last decade, 154 journalists in India were arrested, detained, interrogated or served show-cause notices for their professional work. Sixty-seven of these instances were recorded in 2020 alone, according to a report titled ‘Behind Bars: Arrests and Detentions of Journalists in India 2010-2020’.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Family of HRD, Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Jun 25, 2021
- Country
- India
- Initial Date
- May 17, 2021
- Event Description
The Allahabad High Court Bench of Justices Siddhartha Varma and Ajit Kumar had recently observed that the entire medical system in the state of Uttar Pradesh pertaining to the smaller cities and villages can only be called ‘Ram Bharose’ (at the mercy of God). However, even this does not seem to have made the Uttar Pradesh government do a course correction.
This sarkari apathy seems to have also emboldened groups of right wing workers who have taken the law into their hands, and decided to crack the whip on individuals who are working on issues of public health and are raising awareness of the ongoing health crisis in the most populated state. According to a report in The Wire, a group of social activists campaigning for the ‘Right to Public Health’ was attacked in Lucknow on Monday.
Things took an ugly turn and the mob suddenly attacked the activists, after verbally abusing them, reported The Wire. A woman activist has also alleged that a mobster twisted her hand and abused her. However when the police arrived, they detained the three activists! The activists were taken to Hasanganj police post where they were interrogated for nearly three hours. The attackers are reportedly from the right wing and accused the activists of being ‘urban naxals’, a derogatory term made popular by so called ‘celebrities’ of the right wing.
According to the report a public campaign titled ‘Right to Public Health’ was launched in Uttar Pradesh by two groups: Naujawan Bharat Sabha and Stri Mukti League. Their demands included “nationalisation of health services as well as food and shelter for the poor during the entire lockdown.” Three social activists, Anupam, Avinash and Rupa were pasting posters and distributing pamphlets raising awareness about the campaign in the Hasanganj locality on Monday morning, when they were allegedly confronted by a group of locals. As per the report, the locals accused the activists of “misleading the public” and said they were pasting “pro-Muslim” posters near a temple. The locals continued to fuel hate and made the accusations communal. Even when the activists tried to reason with them and tell them about what the Right to Public Health was, showing them public interest information pamphlets, the mood did not change, stated the report.
Citizen’s groups, and some lawyers stood up in support of the detained activists, who were eventually released. However, police said there was no assault on the social workers! The Wire quoted the Hasanganj police station house officer, Yashkant Singh as saying, “We arrested three activists from Panna Lal Road for violating lockdown protocols and pasting posters illegally”.
Activist Rupa told the reporter that a man “twisted her hand” while snatching pamphlets from her; she added that she had already emailed senior police officers for registering a first information report against the miscreants. However, the police said no FIR was registered against anyone so far in this incident.
Anupam, one of the activists, however alleged that the mob were “sympathisers of the right wing as they were annoyed with our questioning on mishandling of the Covid-19 situation and the devastating condition of rural areas by the Bharatiya Janata Party government. They beat us as we were pasting posters featuring shortage of oxygen,” stated the news report. The other activist Avinash told The Wire, “The mob was saying that ‘everything is fine in the country, and there is no shortage of anything, neither in the country nor in the state. You people are falsely defaming the Modi and Yogi government’. While they were kicking us, they were calling us ‘urban naxals’.” The activists alleged that a local woman corporator was also a part of the mob and said the activists were “anti-Modi-Yogi people”.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Gender Based Harassment, Intimidation and Threats, Judicial Harassment, Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Minority rights defender, Student, WHRD
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Jun 25, 2021
- Country
- India
- Initial Date
- Jun 3, 2021
- Event Description
On June 3, masked men in plain clothes grabbed Raghu, a reporter with the news website Tolivelugu, outside his home in Hyderabad, and forced him into an unmarked car with its license plates covered, according to news reports, CCTV footage of the abduction shared with CPJ by Tolivelugu senior reporter Magham Srinivas, and the journalist’s wife, Praveena, who spoke to CPJ over the phone.
Later that day, police announced that Raghu was in custody, and a local court ordered him to remain in detention for 14 days pending an investigation into allegations that he participated in a clash between a local tribe and the police in Telangana’s Suryapet district in February, according to those news reports.
Srinivas told CPJ that Raghu covered those clashes as a journalist for the local broadcaster Raj News, where he worked at the time.
On June 4, Raghu’s family filed a petition with the Telangana High Court for his release, according to The Hindu. The petition was transferred to a local district court, and a hearing for his bail is scheduled for June 10, Praveena told CPJ.
“Police in the Indian state of Telangana need to be reminded that covering civil clashes is not a crime, but a normal part of reporting,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “Police should immediately release Ganji Raghu, drop their investigation into his work, and apologize to him for the crude manner of his arrest.”
The February clashes with police stemmed from protests the tribe held in opposition to Saidi Reddy, a lawmaker in the state assembly with the ruling Telangana Rashtra Samithi party, who allegedly encroached on their land, Srinivas said.
He added that Reddy had threatened Raghu in the past over his reporting, but did not provide details about those threats.
CPJ was unable to find contact information for Saidi Reddy; CPJ contacted Telangana Rashtra Samithi spokesperson Abid Rasool Khan for comment via messaging app, but did not receive any reply.
If charged and convicted of rioting, Raghu could face a fine and up to three years in jail, according to the Indian penal code.
CPJ texted Mahendra Reddy, Telangana’s director-general of police, and Home Minister Mohammed Mahmood Ali, of the Telangana Rashtra Samithi party, for comment, but did not receive any responses.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Judicial Harassment
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Date added
- Jun 22, 2021
- Country
- India
- Initial Date
- Jun 16, 2021
- Event Description
Authorities in India’s Uttar Pradesh state must immediately drop their criminal investigation into journalists Rana Ayyub, Saba Naqvi, and Mohammed Zubair, and the independent news website The Wire, the Committee to Protect Journalists said today.
Yesterday, Uttar Pradesh police filed a criminal complaint stating that they were opening a investigation into The Wire as well as Ayyub, a Washington Post columnist; Naqvi, a freelance journalist; and Zubair, co-founder of the fact-checking website Alt News, according to various news reports and a copy of the complaint, which CPJ reviewed.
The complaint alleges that the three journalists and the news outlet, as well as several politicians from the opposition Congress Party, shared an unverified video that could cause social unrest.
“Indian authorities singling out journalists, some of whom are known for critical coverage of the ruling Bharatiya Janata Party, for sharing and commenting on a video looks suspiciously like selective law enforcement and amounts to a serious attack on press freedom,” said Steven Butler, CPJ’s Asia program coordinator, in Washington, D.C. “Uttar Pradesh police must withdraw their complaint immediately and stop harassing journalists and news outlets.”
On June 14, The Wire and many other leading news outlets reported on a widely shared video from Uttar Pradesh’s Ghaziabad district, which allegedly depicted a group of Hindu men beating an elderly Muslim man, cutting off his beard, and forcing him to chant a Hindu slogan. Ayyub, Naqvi, and Zubair tweeted about the video, according to those news reports and the complaint.
The complaint, filed by an inspector at the Loni Border police station in Ghaziabad, accuses Ayyub, Naqvi, and Zubair of posting tweets police alleged were misleading and unverified.
The complaint states that police are investigating the three journalists and The Wire for violating Sections 153 (provocation to cause a riot), 153A (promoting enmity between religious groups), 295A (insulting religious beliefs), 505 (public mischief), and 120B (criminal conspiracy) of the Indian penal code.
Each of those sections carry prison penalties of up to one year for convictions, except for criminal conspiracy, which carries up to two years, according to the Indian penal code.
In posts on Twitter after the criminal complaint was filed, Ayyub, Naqvi, and Zubair noted that their descriptions of the video were based on initial news reports.
CPJ texted Uttar Pradesh Police Director-General Hitesh Awasthy for comment but did not receive any reply.
Last year, Uttar Pradesh police filed opened criminal investigations into The Wire’s Siddharth Vardarajan for allegedly “spreading discord” related to the COVID-19 lockdown, as CPJ documented at the time.
- Impact of Event
- 4
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Monitoring Status
- Pending
- Date added
- Jun 22, 2021
- Country
- India
- Initial Date
- May 17, 2021
- Event Description
As the Congress government in Chhattisgarh expands the footprint of militarisation and continues to set up security camps, tribals in the state have been conducting sustained protests against the infiltration of more forces, saying that the increased presence leads to brutal repression.
On May 12, security forces set up their latest camp in Silger village in Sukma district, despite stiff opposition from the locals. The opening of the camp had led to widespread protests in the region, also spreading to other villages. However, on May 17 security forces opened fire on a gathering of about 3,000 tribals, killing three. While the police forces claim they were targeting naxals in a crossfire, tribal villagers have been asserting that the unprecedented move was aimed dispersing the crowds and suppressing their movement.
Inspector General of Police (Bastar range) Sundarraj P. reportedly said, that a preliminary investigation revealed that the deceased were allegedly linked with frontal organisations of the banned CPI (Maoist). The deceased had been identified as Uska Pandu from Timmapur village (Sukma), Kowasi Waga, DAKMS (Dandakaranya Adivasi Kisan Majdoor Sangthan) member from Chhutwahi and Kursam Bhima, militia member from Gundem village (Bijapur), the IGP said.
Activists and locals on the ground are saying that the larger context of suppression in the name of protection is not being highlighted and innocent villagers, who were fighting for their rights, have been injured and attacked with impunity.
Speaking to Newsclick, activist Kamal Shukla said: “The camp opened on May 12, despite opposition mounting against it from the beginning. As the camp opened, villagers were coming in everyday in huge numbers to protest against the increased militarisation and the consequent repression. Attempts were being made to disperse the crowds; water was being used, stones were being thrown on them, they were being tear-gassed as well. However, the tribals did not give up. Throughout the protests, over 200 people have been injured, several are also languishing in Sukma jail.”
Questions are also being raised about the claims made by the security forces. “This incident of firing was unprecedented. Never, even in Bastar’s very violent history, has this happened. While the police claim that those who were killed were Maoists, it becomes necessary to ask how did the forces identify who was a Maoist among 3,000 people?” Shukla added.
Moreover, tribal leaders like Soni Sori and lawyer Bela Bhatia were also stopped by the state police from visiting the locals on Wednesday. Speaking to Newsclick, Soni Sori said that while "the violence has been a part of our history, but the key question is why is the government not letting people like me to go and assess the situation on the ground. A large number of people have been rendered injured by the forces, there is widespread anger on the ground. People are deeply hurt and anguished and troubled by the firing. I was denied a visit on the grounds that I need to seek permission in advance. When I did the police came to my house early in the morning to tell me I should not make a visit because of the Naxal movement; there is a widespread presence of forces blocking us from uncovering the truth.”
“The question is: How did the police fire at the tribals? If there was counter fighting then how is there no evidence of any attack on the forces. Whatever is being shown in the media is a cover-up as activists are also not being allowed to go in for any fact-finding missions,” she added.
Protests against security camps such as the one in Silger have been ongoing in the state since last year, when the Congress-led state government had proposed the setting up of eight new security camps in the state, including in Bijapur, Dantewada and Sukma among many others. The local population suspects that the bid is not as much about increasing security cover in the region as it is about suppressing the Adivasi culture and their voice. The villagers also fear that these camps may end up as centres of the use of brutal force and violence against women.
Newsclick had previously reported about the injuries several tribal protestors had faced while opposing the camps in Bijapur; several were also arrested for staging protests.
Tribals had also dug up roads as a symbolic means of protest to keep the security forces out of the region.
The CPI-M has condemned the firing on the tribals opposing the camp, saying a military solution was not acceptable and that the camp be removed. CPI (M) State Secretary Sanjay Parate said that if the people of the region do not want the camp, then the government should remove it for the restoration of peace. Parate said that the provisions of PESA and 5th Schedule also do not allow the government to open camps of military forces in "an arbitrary manner in the area." He said that the "militarisation of this area is not to protect the rights of the tribals, but for the violation of their rights and the suppression of the democratic right to protest".
The CPI (ML) Liberation also condemned the CRPF "brutality on Adivasis". In a statement, it said that the land in question has "historically" belonged to the local Adivasis and that it was not aware of security forces taking prior permission from the Gram Sabha before building camps in the area. "CPI (ML) Liberation demands unconditional release of the arrested Adivasis and that all the perpetrators of this brutality must be brought to justice. We also demand that the Congress-led Chhattisgarh government immediately intervenes and stops illegal construction of camps," it added.
Speaking to Newsclick, journalist Ashutosh Bhardwaj, who has been covering the area extensively, said: “Not long ago, the area where this incident took place had expansive wilderness. Silger is not the only police camp, the government has been constructing one camp after another in the region to counter Naxalism. It has led to resentment among the locals. This incident, therefore, needs to be seen in a larger context. The protests against the Silger camp marked the accumulation of Adivasi unrest. While the police claims that the protest was led by Naxals, local reports suggest that there wasn't any Naxal presence. Bastar is not new to Adivasi protests, but it is perhaps the first instance in a decade when the police opened fire on unarmed protestors.”
The firing has also triggered the immediate demand of a fair probe into the matter, as several members of the tribal community remain locked up in jail. Chhattisgarh Bachao Andolan (CBA), a group of activists, put out a public statement claiming that the police opened fire on the tribals who were protesting against the camp. They demanded that the incident be probed by a retired high court judge in a time-bound manner and that an FIR be registered against those found guilty.
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Killing, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of association, Offline, Right to healthy and safe environment, Right to liberty and security, Right to life
- HRD
- Community-based HRD, Indigenous peoples' rights defender, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: community-based defenders prevented from meeting with victim of police violence
- Date added
- Jun 21, 2021
- Country
- India
- Initial Date
- Apr 8, 2021
- Event Description
A journalist and founder of news portal ‘The Ink’ has been booked by the Hisar police on charges of promoting communal disharmony and making assertions prejudicial to national-integration under the Indian Penal Code for allegedly posting “inflammatory” messages on various social media platforms. He also been charged under the Information Technology (Amendment) Act, 2008.
Haryana Congress president Kumari Selja condemned the registration of the case, saying Mr. Kundu was “vocal” in raising the farmers’ voice during the ongoing agitation against three farm laws. She demanded the immediate withdrawal of the case and added that the voice of journalists could not be suppressed through such action.
Haryana Working Journalists Union vice-president Anil Sharma condemned the registration of the case as an “attack on the freedom of press” and said it was prejudicial to democracy. He said a meeting would be convened soon on the matter.
According to the First Information Report, registered at the behest of Hisar police spokesperson and Head Constable Vikash, journalist Rajesh Kundu allegedly posted a message on a Whatsapp group on April 8 saying a “script was ready for instigating caste-related violence in Hisar in a week’s time and a blueprint was ready to further implement it at state and national level.”
Mr. Vikash, in his complaint, said Mr. Kundu posted a similar message on his Facebook page and it amounted to an attempt to “provoke” and “instigate” people.
Demanding action against the journalist, Mr. Vikash said the post could be prejudicial to the nation’s integrity and sovereignty.
When contacted, Mr. Kundu told The Hindu that his post was actually aimed at “warning” the people against a possible conspiracy to instigate caste-related violence in the city and prevent riots. He said he also did a news story on the matter.
He said the registration of the case against him was an attempt to harass him since he had exposed the conspiracy to instigate riots.
Station House Officer, Hisar Civil Lines, Inspector Balwant Singh said the police had enough evidence against the accused in the form of his posts on social media platforms and the matter was under investigation.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jun 1, 2021
- Country
- India
- Initial Date
- May 17, 2021
- Event Description
Prominent activists Bela Bhatia and Jean Dreze alleged on Monday that they were not allowed to proceed to Silger in Chhattisgarh, where three persons were killed in a police firing on May 17 in what the police claimed was an 'encounter' with Maoists present in a crowd of people.
The activists were also allegedly interrupted when they were meeting people injured in the firing that took place on the inter-district border of Bijapur and Sukma in Bastar region on Wednesday. The duo were asked to undergo COVID-19 tests before being allowed for any further movement.
Bela Bhatia, talking to THE WEEK on telephone from Bijapur, said that she and Dreze both underwent repeat COVID-19 tests (both rapid antigen test and the RTPCR) on Wednesday and got negative reports on Thursday. “We are now waiting to talk to the Bijapur district collector and show him the reports. On our part, we think we have cooperated fully with the administration despite both of us being vaccinated with both the doses. Now we want to be allowed to meet the injured as well as to visit Silger and interact with the local people,” Bhatia said.
District Collector Ritesh Agrawal told THE WEEK that he was yet to confirm the COVID-19 test reports of the two activists and any further decision or action would be taken only after that. He refused to comment further.
Questions have been raised on the “encounter” after videos of local villagers claiming death of nine persons and injuries to about 18 people in a “unilateral” firing by the police on a crowd of protesting villagers on May 17, made rounds on social media. The villagers were seen claiming that there was no Maoist presence in the crowd.
The villagers had gathered in the area to protest against a newly set up camp of security forces which, they said, had infringed on their livelihood and natural resources like forest, land and water.
Bastar Inspector General Sudarraj P. had claimed that three persons were killed in an encounter with Maoists present in the crowd who had fired at the camp of security forces in Silger. He, however, added that it was not yet confirmed whether those dead were Maoists or villagers. The state government has not made any official statement regarding the incident or the villagers' allegations.
Civil society organisations have demanded a judicial probe into the incident and filing of criminal cases against responsible police officers, apart from compensation to the families of those dead.
Bhatia told THE WEEK that she and Dreze were interrupted by the authorities when they tried to speak to five injured persons in the district hospital on Wednesday and were asked to leave the place.
“We saw three seriously injured persons with bullet injuries in back, shoulder and leg respectively and two others—one man and one woman—with injuries due to alleged lathicharge by the police. Later, relatives of these people, who were present on the hospital campus, told us that they, too, had been present at the protest rally for five days before the incident and that there was firing from the police side,” she said.
Later in the evening, the activist said, they were stopped at the Chiramangi CRPF camp before Avapalli on their way to Silger and told that they could not proceed. “I saw a document with my name and photograph that said I should not be allowed to go to Silger. I was not given any reason and the only thing they asked us was to get COVID-19 tests done, which we have fulfilled. We saw journalists and others from outside Bijapur proceeding to Silger and coming back while we were waiting at Chiramangi camp,” Bhatia said.
“We want to talk to the local people around Silger to know their version of the incident and what they felt. We have always found that no counter-complaint of such incidents (disputed 'encounters') are ever entertained. But if the villagers feel so, we will help them with the legal action,” Bhatia said.
She said there seemed to be further attempts to hold up their (activists') plan. On Thursday morning, she was initially told that her COVID-19 test sample was invalid and re-sampling would have to be done. “However when Jean went to get his report, my report, too, was handed over to him and we both have tested negative in both the tests. So now, we want to proceed with our plan,” Bhatia said.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Administrative Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Right to information
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: community-based defenders prevented from meeting with victim of police violence
- Date added
- Jun 1, 2021
- Country
- India
- Initial Date
- May 11, 2021
- Event Description
The family of Delhi University Associate Professor Hany Babu, who is standing trial in the 2018 Bhima Koregaon violence case and is lodged in Taloja Central Jail near Navi Mumbai, has alleged that he is being denied treatment for an acute eye infection. Jail authorities have, however, denied the allegation and said he was taken to hospital for a second time Wednesday.
Speaking to ThePrint, Hany Babu’s wife Jenny Rowena, who teaches at DU’s Miranda House, said he had first complained about the eye infection to the prison authorities on 3 May. “He was taken to the Civil Hospital, Vashi, only on 7 May. The medication he was given there hasn’t been working, and we have made repeated requests to the authorities to take him to the hospital again, but they still haven’t taken him. Even now, we don’t have any information on whether he has been taken to the hospital or not,” Rowena said.
However, Taloja jail superintendent Kaustubh Kurlekar told ThePrint: “We have already sent him for a check-up today. He has not been denied any treatment. We had earlier taken him to the ophthalmologist on 7 May as well when he was given medicines.”
But this claim was denied by Babu’s lawyers, who said they had received no information about him being taken to a hospital Wednesday.
“Between 3 and 6 May, Hany Babu himself told the jail authorities multiple times about his infection and tried to get himself treated, but to no avail. Since 6 May, we have sent two emails, and called the superintendent and authorities 13 times to request them to take him to the hospital, but we still don’t have any information on him being taken there,” said a member of Babu’s legal team, who did not wish to be named.
The lawyer added that the authorities had been promising since 10 May to take him to hospital. “On 10 May, we were told that they have sent a requisition request for guards to take him to hospital on 11 May. After five calls on that day, we were told that he hasn’t been taken to the hospital, and maybe taken today.”
ThePrint approached Maharashtra Home Minister Dilip Walse Patil and MoS Home Satej Patil through phone calls for a comment, but did not receive any response.
The family has also alleged that the infection has got worse due to delay in treatment. “He has little or no vision in his left eye due to the swelling, which has spread to the cheek, ear and forehead, compromising other vital organs as well, and posing a significant risk to his life if it spreads to the brain. He is in agonising pain and is unable to sleep or perform daily chores,” said a statement issued by the family Tuesday.
Rowena also alleged that Babu does not have access to clean water to help treat his eye. “There is a water shortage in the prison; he doesn’t have access to clean water to bathe his eyes. He is being given soiled towels to dress his eyes, which is only making it worse,” she told ThePrint.
Superintendent Kurlekar, however, denied any such crisis. “There are no such problems in the jail. He is getting clean water access; the family is saying what they want,” he said.
This is not the first time that an accused in the 2018 Bhima Koregaon violence case has alleged denial of medical treatment — lawyers for Gautam Navlakha, Father Stan Swamy and Anand Teltumbde had also made similar claims in the past.
Swamy, who suffers from Parkinson’s disease, was allegedly denied a straw sipper, while Navlakha was allegedly denied access to spectacles. Other accused Sudha Bharadwaj and Shoma Sen, lodged in Mumbai’s Byculla Women’s jail, have also raised health issues.
With Maharashtra clocking the highest Covid-19 cases in the country, Hany Babu’s family is also concerned about him contracting the virus.
“The jail is very crowded. At least 40 people stay together in one hall. If one person contracts the virus, there will be a severe outbreak in the jail. Some people said eye infection can be a Covid symptom, but we don’t know for sure,” said Rowena.
Babu’s lawyers acknowledged the Covid threat, but said they were focussing on getting his eye treated first. “He got a rapid antigen test done, which came back negative, and then an RT-PCR test done on 7 May. We are assuming that it is negative because high court rules ordain that prison authorities have to inform us if any inmate is positive,” said the anonymous lawyer quoted above.
“While there is a Covid threat, since he is not showing any other symptoms, our focus is to get his eye infection treated,” the lawyer added.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment, Violence (physical)
- Rights Concerned
- Right to health, Right to healthy and safe environment
- HRD
- Academic
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: another academic arrested on spurious accusations
- Date added
- May 14, 2021
- Country
- India
- Initial Date
- Apr 21, 2021
- Event Description
Members of diverse people’s movements across India, including many prominent activists, including Medha Patkar, Aruna Roy and Nikhil Dey, have asked the government to withdraw the FIR filed against activist Prof Kusumam Joseph. The FIR was filed against her for posting an appeal on Facebook to the government to ensure food and kits for dalit and adivasi families at Arippa in Kollam.
Her FB post highlighted the dire situation of over 160 families, including older people and children, who are part of communities struggling for the right to cultivable land on which they had built their huts for over a decade. Their condition had aggravated during the Covid-induced lockdown. Kusumam had posted the appeal in April 2020 and Kulathupuzha police had registered a case against her based on the complaint by Kulathupuzha gram panchayat secretary on April 18, this year. But, Kusumam was notified about the FIR only on April 28 through a notice asking her to surrender her mobile phone within 72 hours, said the activists.
The FIR is based on a facebook appeal by her to the state government in April 2020, to ensure food kits for Dalit and Adivasi families in Arippa, Kollam District. Deeming it completely arbitrary act of the administration and seeking immediate intervention of chief minister of Kerala they demanded for the withdrawal of the impugned FIR.
Prof. Kusumam Joseph is a respected retired academic in the educational and social circles of Kerala. She has been an active human rights defender, environmental crusader and has also previously been the Kerala state-coordinator and currently one of the Convenors of the National Alliance of People’s Movements. As per information available, the Kulathupuzha police, based on the complaint of Panchayath Secretary, Kulathupuzha Gram Panchayat registered Cr. 415/2020 on 18th April, 2021, under section 153 of IPC and Sec.118(b), 120 (b) of Kerala Police Act. However, Kusumam herself was notified of this FIR only on 28th April, 2021, through a notice asking her to surrender her mobile phone within 72 hours.
During the beginning of the pandemic, in April 2020, Ms. Joseph made a public demand on facebook that the Kerala Government ensure food kits for Dalit and Adivasi families in Arippa, Kollam. Her facebook post highlighted the dire situation of more than 160 families, including older people and children, who are part of communities struggling for the right to cultivable land on which they had built their huts for over a decade.
With the lockdown declared due to the Covid-19 pandemic, they had lost all means of subsistence and their income. While acknowledging the efforts of the Kerala Government to provide food kits for those in need including migrant workers and even birds and animals, Prof. Kusumam Joseph drew attention to the failure of the State to ensure food security for the Dalit and Adivasi people at Arippa, even after the local authorities received multiple requests from different quarters. Her demand for immediate supply of food grains to the affected people was in line with the promises made by the Kerala government that the people in Kerala will not be allowed to starve.
The case against Prof. Kusumam claims that ‘by concealing the Government’s social security measures she incited insurrection among communities’! It was alleged that her post constituted ‘wantonly giving provocation with intent to cause riot.’ This is a malicious accusation made against an activist who was fighting to ensure basic necessities for survival for communities already living under precarious circumstances. The attempt to suppress her voice, using police force is a disappointing departure from the principles of a state claiming to fight for all working classes and oppressed sections including Dalit, Adivasi and minority peoples.
They appealed that the Kerala government withdraws the pending FIR/s against Prof. Kusumam Joseph, that the govt upholds the principles of democracy, including the right to protest and the right to publicly hold government agencies responsible for denial of social entitlements and rights.
The Kerala government must guarantee that activists and human rights defenders are not targeted and persecuted for bringing issues to public notice, and instead state mechanisms are employed to address the violations of human rights they point out. Towards this end, police and administrative personnel must be given necessary training and direction.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Online
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- May 5, 2021
- Country
- India
- Initial Date
- Apr 7, 2021
- Event Description
On 7 April 2021, human rights defender Laishram Herojit Singh, alias Sintha, was arrested at his home by officers from the Thoubal Police station in the North East Indian state of Manipur. The defender was arrested on charges under the Unlawful Activities (Prevention) Act for his alleged membership of a militant group. On 12 April 2021, the court accepted the human rights defender’s bail application, however the charges against him remain.Laishram Herojit Singh, alias Sintha, is a human rights defender and a strong advocate against the increasingly powerful drug nexus in the region. He is the Secretary General of the Coalition Against Drug and Alcohol (CADA) in Thoubal District, a civil society organisation campaigning against the impact of drug and alcohol abuse. In his capacity, the human rights defender has led several campaigns to further awareness on the topic. Sintha also actively engages with and advocates against the issues of violence against women and children, mining and its impact on rights of Indigenous communities and the protection and preservation of the environment in the state of Manipur. On 7 April 2021, about 20 police officers from the Thoubal station arrested human rights defender Laishram Herojit Singh from his home in Thoubal, on charges under Section 39 of the Unlawful Activities Prevention Act (UAPA), which relates to the offence of giving support to a terrorist organisation. Neither the human rights defender nor his family, who were present in the house at the time of his arrest, were shown an arrest warrant. Sintha was then taken to the Thoubal police station where, according to the human rights defender, he was slapped and asked to sign an arrest memo, claiming he worked with a militant group, which he refused to sign. Contrary to the fact that he was arrested from his home in Thoubal, the First Information Report (FIR) filed by the police against Sintha states that he was detained in Wangjing, after the police reportedly received information that members of the United National Liberation Front militant group, were in Wangjingat the time. The FIR claims that Sintha was detained for the suspicious manner in which he was behaving while allegedly in Wangjing.Earlier that day, Sintha had participated in a peaceful protest against the acquittal of an influential individual accused in a highly publicised drug haul case from 2018. Along with placards condemning the acquittal, protestors also carried placards with messages calling for the resignation of the chief minister of the state, for his complacency in the case. Once the protest dispersed, a local police official contacted one of the protest organisers and mentioned that the authorities were unhappy about the slogans directed against the chief minister.The following day, on 8 April 2021, Sintha appeared before the court of Chief Judicial Magistrate in Thoubal, and was asked whether he accepted the charges against him, which the human rights defender categorically denied. Sintha was then remanded to four days in police custody and on 12April 2021, was granted bail by the Chief Judicial Magistrate in Thoubal District. The charges against the human rights defender remain however. Human rights defenders and colleagues of Sintha believe that his arrest and the charges levelled against him are in direct reprisal for his human rights work, advocating against powerful forces within the state and the interests of powerful criminal entities. Front Line Defenders condemns the judicial harassment of human rights defender Laishram Herojit Singh, as it believes he is being targeted as a result of his human rights work to protect the local community against powerful and corrupt interests in Manipur. It believes that the use of the UAPA against him and other human rights defenders is aimed at vilifying them as terrorists and silencing their work in defence of human rights.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Apr 22, 2021
- Country
- India
- Initial Date
- Mar 2, 2021
- Event Description
A 50-year-old dalit RTI activist, Amrabhai Boricha, was reportedly hacked to death in Sanodar village, Bhavnagar district, Gujarat on March 2. About 50 men belonging to the Darbar (Kshatriya) caste allegedly attacked Boricha with spears, iron pipes and swords after barging inside his house. He succumbed to his injuries en route the hospital in Bhavnagar city.
“Around 50 members of the Darbars from our village passed by our home playing loud music when my father and I were standing outside. A while later, they returned and started throwing stones at us. When my father ran inside (for protection), they barged in and started attacking him with swords, spears and iron pipes, despite us having police protection,” said Boricha’s daughter Nirmala, who got injured in attempts to save her father and was rushed to Sir Takhtasinji General Hospital in Bhavnagar city. Nirmala has broken fingers and injuries on her head.
Notably, Amrabhai Boricha, from the sole dalit family of Sanodar village in Ghogha taluka, Bhavnagar, has been the target of several attacks allegedly by the upper caste men of his village since 2013.
A month ago, Boricha, a farmer by occupation, had approached Ghogha Police Station to file a complaint after an attempt of attack on him by members of the Darbar community of the village. However, sub inspector PR Solanki, a Darbar by caste did not take his complaint, claimed his daughter Nirmala.
In 2013, Boricha was severely injured and broke his leg in another attack. Following which, he had filed a complaint under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 against the Darbar men of his village. However, the accused got bail and had been harassing and pressuring Boricha to take back the case.
Following the attack on him in 2013, Boricha had also sought the right to keep arms for his protection but was instead granted two home guard personnel, who couldn’t prevent the attack that killed him, his daughter said.
After his daughter’s complaint was registered, 10 accused were booked and the sub-inspector of Ghogha Police Station, PR Solanki, was suspended. Two FIRs have been lodged – one against PR Solanki who has been accused of ignoring the victim’s concern regarding threat to his life and another against Bhailubha Gohil and 9 others.
The 10 accused have been booked under IPC sections 302 (murder), 307 (attempt to murder), 452 (house trespass after preparation for causing hurt, assault or wrongful restraint), 506 (2) (criminal intimidation), 324 (voluntary causing hurt with dangerous weapons or means), 294(b) (recital or singing abusive songs in public place), 120 B (unlawful assembly and rioting) and under SC/ST (Prevention of Atrocities) Act.
It is to be noted that this is not the first time that a dalit RTI activist has been killed by upper caste men in Gujarat. In 2018, Nanji Sondarva was reportedly killed by men belonging to the Darbar caste in Rajkot. A year later in May 2019, his son, 20-year-old Rajesh Sondarva, a complainant in the murder case of his father, was killed by the family members of the accused.
Sondarvas were provided police protection at their home since the murder of Nanji Sondarva but the accused attacked Rajesh on his way back home from work.
In June 2019, Manji Solanki, a dalit deputy sarpanch, was brutally thrashed by men allegedly belonging to the Darbar caste in Botad district. He died on his way to the hospital in Ahmedabad. Manji, who had earned the ire of the upper caste men of his village for helping dalits file cases under SC/ST (PoA) Act, had been attacked multiple times and sought police protection but denied.
In October 2020, Devji Maheshwari, a dalit activist, lawyer and a member of All India Backward and Minority Communities (BAMCEF) and Indian Legal Professionals Association, was reportedly killed in broad day light in Kutch district.
Local police held that Maheshwari was killed for his social media posts against Brahmins. However, his wife claimed that Maheshwari was attacked because he was involved in fighting for land and property rights of dalits of the area.
In 2019, a response to an RTI filed by a Gujarat-based dalit activist had revealed that 1,545 cases of caste-based atrocities had been filed that year – the highest since the year 2001, and included 22 cases of murder and 104 incidents of rape.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- Killing, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to life
- HRD
- Family of HRD, RTI activist
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Apr 2, 2021
- Country
- India
- Initial Date
- Mar 22, 2021
- Event Description
On March 22, 2021, the Special National Investigation Agency (NIA) Court in Mumbai rejected Mr. Swamy’s bail petition, arguing that there was sufficient evidence to prove his involvement in "deep-rooted conspiracy". His application for bail had been pending since November 2020.
The Observatory recalls that Mr. Swamy has been arbitrarily detained in Taloja jail since October 9, 2020, following his arbitrary arrest on October 8, 2020 by NIA officials for his alleged involvement in the Bhima Koregaon case. The case relates to caste-based violence that broke out on January 1, 2018, during Elgar Parishad, a Dalit commemoration of the anniversary of a battle the Dalits won 200 years ago against the Peshwas (upper caste rulers), at Bhima Koregaon, Maharashtra State.
On November 26, 2020, the NIA Court in Mumbai rejected Mr. Stan Swamy’s request for a straw, a sipper bottle, and winter clothes, which had been allegedly confiscated by the NIA at the time of his arrest. Mr. Swamy had lodged his request on November 6, 2020, as he is unable to hold a glass due to having an advanced stage of Parkinson’s disease. Furthermore, Mr. Swamy suffers from a hearing impairment, has fallen in the jail on multiple occasions, and suffers from severe pain in his lower abdomen as a result of two surgeries. On November 29, 2020, the Taloja jail authorities provided Mr. Swamy with a sipper bottle, following widespread outcry over the refusal to provide him with adequate medical care.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Right to health, Right to liberty and security
- HRD
- Minority rights defender
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 28, 2021
- Country
- India
- Initial Date
- Mar 9, 2021
- Event Description
On 9 March 2021, woman human rights defender Hidme Markam was arrested by Chhattisgarhpolice on several charges, including charges under the Unlawful Activities Prevention Act (UAPA)anti-terrorism law in relation to her alleged involvement in Maoist activities. The woman humanrights defender was arrested during an event in Dantewada in the State of Chhattisharh to markInternational Working Women’s Day, and to protest the custodial torture and sexual violence bypolice against Adivasi women in the State. Later that day, following her arrest, Hidme Markamappeared before a Magistrate and was remanded for 14 days in Jagadalapur prison. Hidme Markam is an Adivasi woman human rights defender advocating for indigenous rights,against police and state violence, and the impact of mining in the State of Chhattisgarh. She is theconvenor of the Jail Bandi Rihai Committee, a platform which advocates for the release ofthousands of Adivasi persons, particularly youths, criminalized and branded as Naxals and held inpre-trial detention. Hidme Markam is an anti-mining campaigner, focusing on projects led by largecorporations such as Adani Pvt Ltd., which threaten to destroy a sacred Adivasi hill, considered alocal deity by the community. She also campaigns against the detrimental ecological impact ofmining for the local area, resulting in the degradation of land and large bodies of water, and thedestruction of forests in the region. The woman human rights defender has also criticised theexpanding presence of military, police and para-military in the State. In 2019, she participated in apublic campaign against the establishment of a police camp in Potali by the Special Task Force andDistrict Reserve Guards. Advocating for the promotion of women’s rights and against physical andsexual violence against women by police and military officers is central to Hidme Markam’s work.Women in the State, especially from Adivasi communities, have been disproportionately affected byviolence and discrimination by officials. On 9 March, Hidme Markam participated in an event at Sameli, Dantewada to mark InternationalWorking Women's Day and to commemorate the death of two young women, one of whom wasconfirmed to have died whilst in police custody, in Chhattisgarh. The two women were reportedlysubjected to torture and sexual violence by officials whilst detained. Police officers arrested thewoman human rights defender at the event where approximately 300 villagers, community leadersand other women human rights defenders from the Jail Bandi Rihai Committee and ChhattisgarhMahila Adhikar Manch were present. The Sub-Divisional Magistrate also witnessed the arrest,having arrived at the event to engage with those attending. Fellow human rights defenders andcommunity members who attempted to oppose the woman human rights defenders arrest wereviolently pushed aside by the police officers. Multiple cases have been filed against Hidme Markamon charges under the regressive Unlawful Activities Prevention Act and others, a law that isroutinely used against human rights defenders in India response to their legitimate human rightsactivities. The exact charges against Hidme Markam are not yet known, and she remains inJagadalapur prison, and has been allowed access to her lawyer since her arrest.The woman human rights defender has engaged directly with high ranking state officials includingthe Chief Minister, Governor and Superintendent of Police of Chhattisgarh to seek redress, realisebasic fundamental rights and protection from harm for local communitiesaffected by the miningactivities in the region. She has worked peacefully with local authorities to address violationsagainst these vulnerable and oppressed communities, and represent the voices of members of thecommunities. Her arrest is in direct reprisal for her work, challenging powerful forces within theState, such as police, military and corporate interests. As a result of this work, the woman humanrights defender has faced threats and harassment in the past, culminating in her arrest on 9 March. Front Line Defenders condemns the arrest of woman human rights defender Hidme Markam as itbelieves she is being targeted as a result of her human rights work, advocating for the protection ofthe rights of Adivasi communities, especially Adivasi women in Chhattisgarh. Not only her arrest,but also the decision to carry out the arrest during an event marking the custodial torture of andsexual violence against two young Adivasi women, is particularly concerning. Front Line Defendersreiterates its concern regarding the use of the UAPA against Hidme Markam and other humanrights defenders in India, aimed at silencing them and their efforts to promote and protect humanrights in the country.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Environmental rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 16, 2021
- Country
- India
- Initial Date
- Feb 12, 2021
- Event Description
On February 12, Jammu and Kashmir police opened an investigation into Gul, a freelance journalist who contributes to The Kashmirwalla, for allegedly taking part in an illegal demonstration against home demolitions, according to Gul, who spoke to CPJ via phone, and news reports.
The investigation into Gul stems from an article he published on February 9, in which residents of Hajin, a town in Bandipora district, in north Kashmir, alleged that local government official Ghulam Mohammad Bhat had threatened them and forcefully demolished their homes, Gul told CPJ.
Gul said he believed the local authorities filed the complaint opening the investigation on Bhat’s instruction. In a text message to CPJ, Bhat denied having any role in filing the complaint.
The complaint alleges that Gul took part in an illegal demonstration opposing the demolitions on February 10, where he allegedly threw stones and shouted slogans, according to the journalist.
Police are investigating Gul for violating Sections 147 (rioting), 447 (criminal trespass), and 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code, according to the journalist and The Kashmirwalla.
Gul denied partaking in such a demonstration, and told CPJ that he was in Srinagar, about 40 miles from Bandipora, on February 10.
Gul also told CPJ that the police had not given him a copy of the complaint, and have merely mentioned the counts on which he is being investigated. If charged and convicted, Gul could face up to two years of imprisonment under Indian law.
CPJ contacted Amritpal Singh, senior superintendent of police for Shopian, Colonel K. Arun of the army’s Additional Directorate General of Public Information, and Sajad Malik, police deputy superintendent of Hajin, for comment via messaging app, but did not receive any responses.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 2, 2021
- Country
- India
- Initial Date
- Jan 30, 2021
- Event Description
On January 30, police in the state opened criminal investigations into Sharma, a reporter at The Kashmirwalla news website, and Junaid, a reporter at The Kashmiriyat news website, for alleged incitement, according to various news reports and Fahad Shah, editor-in-chief of The Kashmirwalla, and Qazi Shibli, news editor of The Kashmiriyat, both of whom spoke to CPJ in phone interviews.
The investigation into Sharma and Junaid concerns reports they published on January 27 in The Kashmirwalla and The Kashmiriyat, which each quoted the chairperson of a school in the southern Kashmiri city of Shopian, who said Indian Army authorities had pressured the school to celebrate Republic Day, according to Shah and Shibli. After those articles were published, the school issued a statement denying that it had received pressure from authorities, according to the news website Scroll.in. Shah told CPJ that The Kashmirwalla outlet stands by its story.
The investigation is based on a complaint filed to police by an unnamed army official, who accused Sharma and Junaid of spreading “fake news,” which poses “serious concerns for security of [the] region as they can cause riots & create problems for law & order situation for public & armed forces,” according to a copy of the complaint reviewed by CPJ and Scroll.in.
The complaint accuses the journalists of violating Sections 153 (wantonly giving provocation with intent to cause riot) and 505 (statements conducing to public mischief) of the Indian Penal Code. The complaint also accuses The Kashmirwalla and The Kashmiriyat, as corporate entities, of the same offenses.
Both Shah and Shibli told CPJ that their reporters were not given copies of the complaint, and they found out about the police investigation through social media. If charged and convicted, Sharma and Junaid could face up to three years in prison under Indian law.
On February 2, a court rejected Shah and Sharma’s petition for pre-emptive bail, which would exempt the journalists from detention during the investigation, and both are now petitioning Jammu and Kashmir High Court, Shah told CPJ.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 2, 2021
- Country
- India
- Initial Date
- Feb 21, 2021
- Event Description
Barkha Dutt, who often reports for the Washington Post and runs a YouTube local news channel called MoJo Story, told RSF that she regards the accusation brought against her, in the form of a police “First Information Report” (FIR) on 21 February, as a “harassment attempt” and “pure intimidation.”
The accusation concerns Dutt’s coverage of the death of two teenage girls who are Dalits (members of the Indian group formerly known as “untouchables”). They were found poisoned in a field in Uttar Pradesh’s Unnao district after going missing on 17 February.
The FIR names Dutt’s Twitter account, @themojostory, along with seven other Twitter accounts, including those of several politicians who claimed the girls were sexually assaulted. The MoJo Story report never claimed this, but the FIR says it did. Dutt’s request for a copy of the FIR has been refused by the police, thereby preventing her from legally disputing the accusation.
Lumped together “The police are deliberately lumping together unverified comments by politicians with the MoJo Story’s rigorous journalistic reporting,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “This is clearly a case of judicial harassment aimed at silencing any independent investigative coverage of this case. We urge the Uttar Pradesh prosecutor’s office to immediately dismiss this accusation, which is not based on any credible evidence, and furthermore violates the criminal procedure code by denying Barkha Dutt access to the case.”
According to the police, Dutt is accused under criminal code article 153 of “wantonly giving provocation with intent to cause riot,” which is punishable by up to a year in prison. The police were almost certainly annoyed that her reporting included interviews with members of the family of the two murdered girls, who said the police pressured them to quickly cremate their bodies.
This is a highly sensitive claim coming just five months after the alleged gang-rape and subsequent death of a 19-year-old Dalit woman in Hathras, another Uttar Pradesh district, in September – a case that received a great deal attention throughout India, as RSF reported at the time.
Blocked access After the young woman died of her injuries in hospital, the police quickly cremated her body the next day, fuelling speculation that they wanted to destroy evidence. The police then blocked access to the district to prevent reporters from interviewing the family.
As she reported in a tweet at the time, Dutt tried to circumvent the police roadblock by walking several kilometres across fields but the police caught her, put her in a police van, and deposited her back on the road, outside the sealed-off area.
India is ranked 142nd out of 180 countries in RSF's 2020 World Press Freedom Index.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 25, 2021
- Country
- India
- Initial Date
- Jan 29, 2021
- Event Description
On January 29, 2021, the villagers of Nagepur held a rally and dharna in Nagepur, Varanasi under the banner of "Lok Samiti Sanstha". Copies of new agricultural law and effigy of central government were burnt in protest and the participants demanded withdrawal of all three agricultural laws and to remove fake cases against farmers. The protest ended peacefully. After the protest, there were several newspaper and social media reports regarding this protest in the village adopted by the Prime Minister Mr. Narendra Modi. Around 9:00 pm, Mr. Nandlal was informed by an unofficial call that a FIR is being registered on him. On January 29, 2021, at 11:34 pm an FIR was registered by Mr. Parveen Kumar Mishra, Sub-Inspector, Mirzamurad police station, Varanasi, under IPC Sections 188- (disobedience to order duly promulgated by public servant); IPC 504- (intentional insult with intent to provoke breach of the peace.); IPC 270- (malignant act likely to spread infection of disease danger-ous to life); and, IPC 269 – (negli ent act likely to spread infection of disease danger-ous to life.) On February 02, 2021, Mr. Mishra and another policeman reached Nagepur with a notice which asked the above named HRDs to assist in the investigation and to appear at the summons of the court if the need arises. The names of five people are listed in the FIR but Ms. Anita's name was not in the notice. Rather, the new name is Ms. Chandramukhi, another WHRD in Nagepur, Varanasi. It is beyond comprehension, why one of the names listed in the FIR was removed from the notice and a new name is inserted in notice.
- Impact of Event
- 5
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to Protest
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
Information shared by a FORUM-ASIA member
- Monitoring Status
- Pending
- Date added
- Feb 23, 2021
- Country
- India
- Initial Date
- Feb 14, 2021
- Event Description
A 22-year-old Indian climate activist has been arrested after sharing a document intended to help farmers protest against new agricultural laws.
Police said Disha Ravi was a "key conspirator" in the "formulation and dissemination" of the document.
The "toolkit", which suggests ways of helping the farmers, was tweeted by prominent activist Greta Thunberg.
Activists say Ms Ravi's arrest is a clear warning to those who want to show support to anti-government protests.
Tens of thousands of farmers have been protesting for more than two months over the laws, which they say benefit only big corporations.
The new legislation loosens rules around the sale, pricing and storage of farm produce which have protected India's farmers from the free market for decades.
The farmers' protests mark the biggest challenge India's Prime Minister Narendra Modi has faced. His government has offered to suspend the laws but the farmers want them replaced altogether. What do we know about Disha Ravi's arrest?
Ms Ravi, one of the founders of the Indian branch of the Fridays for Future climate strike, was arrested by Delhi police.
In a statement posted on social media on Sunday, police said she had "collaborated" to "spread disaffection against the Indian State".
It said she was an editor of the document and had shared it with Swedish climate activist Ms Thunberg.
Officials said Ms Ravi would be held in custody for five days. No formal charges have been announced.
Police have said the toolkit suggested a conspiracy in the run up to a huge rally on 26 January, which saw protesting farmers clash with police.
"The call was to wage economic, social, cultural and regional war against India," Delhi Police Special Commissioner Praveer Ranjan said earlier this month.
"We have registered a case for spreading disaffection against the government of India - it's regarding sedition - and disharmony between groups on religious, social and cultural grounds, and criminal conspiracy to give shape to such a plan," he added.
Jairam Ramesh, a former minister and lawmaker for the opposition Congress party, called Ms Ravi's arrest and detention "completely atrocious".
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 15, 2021
- Country
- India
- Initial Date
- Feb 9, 2021
- Event Description
The Enforcement Directorate (ED), the specialised investigation agency under the revenue department, started its raid at eight locations of the digital news portal on February 9 in response to a Delhi Police First Information Report(FIR) alleging Newsclick was involving in a money laundering operation. Police alleged Newsclick received foreign funding of ₹30 crore (USD 4.1 million) from a now “defunct US company". Raids also targeted six staff members’ residences the same night while Newsclick offices search stretched out over 38 hours. The raid at the home of editor-in-chief and founder, Prabir Purkayastha, lasted 113 hours, ending finally at 1.30 am on February 14. During the raid, ED officials blocked 73-year-old Prakayastha from leaving his house. ED officials are yet to disclose any findings from the raids.
During the raid, ED officials seized communication devices of Newclick directors and senior management which impacted their ability to continue regular work. In a statement on February 10, Newsclick said it fully cooperated with officials. It however, claims that the raid was an attempt to silence those who refuse to toe the Indian establishment line.
NewsClick revealed that staff and shareholders whose homes were raided were also questioned about their links to the Communist Party of India (Marxist), the recent farmers’ protests and jailed rights activist Gautam Navlakha. Reports suggest the raid was a retaliation for Newclick’s ground reports and analytical videos from the recent farmers’ movement in India.
Such raids are a routine tactic and practice of the Modi government, by which government agencies are used to intimidate journalists and suppress adversarial journalism. The government has a pattern of misusing laws such as sedition and defamation law, the Disaster Management Act, the draconian Unlawful Activities (Prevention) Act (UAPA), the Information Technology Act, among others to silence the critics and harass dissidents. In October 2018, India’s Income Tax Department also raided the offices of respected news website The Quint.
- Impact of Event
- 7
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Judicial Harassment, Raid
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 11, 2021
- Country
- India
- Initial Date
- Jan 12, 2021
- Event Description
The family of jailed activist Nodeep Kaur, a labour rights activist, who has been in custody for about a month for protesting against the contentious farm laws, has said they will move the High Court of Punjab and Haryana for her release. Kaur was denied bail on Wednesday, February 3, by a Sessions Court in Sonipat. A member of the Mazdoor Adhikar Sangathan, Kaur was arrested on January 12 after she had participated in the farmer's protests at Delhi's borders. Kaur has been charged under Section 307 (attempt to murder) and extortion. Kaur's family has alleged that she was assaulted by the cops when she was in custody, Scroll.in reported. "The allegations against my sister are false," Rajvir, Kaur's sister said. "Nodeep joined the [farmers'] protest at Singhu in November. She was also fighting for labourers who didn't get wages regularly. On January 12, she was protesting near a factory in Kundli when police picked her up...I met her and she told me cops assaulted her in custody," she added. Advocate Amit Shrivastav, representing Kaur in the case alleged that the activist had been thrashed by the police at the station. The police, however, have denied the allegations "being circulated on social media platforms about illegal detention and harassment." The activist was kept in the ladies' waiting room "for the entire time and was accompanied by two female police personnel for the entire duration of her stay," the police said. A medical examination which was conducted after she was arrested revealed injuries on her body and private parts. "This points to the fact that Nodeep was sexually assaulted in police custody," Kaur's lawyer alleged. The police, however, claimed that Kaur had refused a "special medical examination by a lady doctor for sexual assault, saying she does not want to be examined as she was not assaulted." The police said Kaur and other members of the Mazdoor Adhikar Sangathan were attempting to break into a factory in Kundli for "illegal extortion under the garb of workers' unpaid salaries". When the police tried to mediate, members of the Mazdoor Adhikar Sangathan attacked them and injured seven cops, the police said. Denying her bail on Wednesday, Sessions Judge YS Rathor said that there were two FIRs lodged against her. "In view of the gravity of offence, the applicant does not deserve concession of bail and bail application is dismissed," the judgement read. Kaur's arrest received international attention after Meena Harris, the niece of United States Vice President Kamala Harris took to Twitter to write about how the activist was tortured in police custody.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Sexual Violence, Violence (physical)
- Rights Concerned
- Freedom of expression Offline, Right to healthy and safe environment, Right to liberty and security, Right to protect reputation, Right to Protest
- HRD
- Labour rights defender, Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 10, 2021
- Country
- India
- Initial Date
- Feb 6, 2021
- Event Description
Thousands of farmers blocked major highways and crucial roads across the State around 170 points on Saturday afternoon as part of a national ‘chakka jam’ call given by Samyukta Kisan Morcha, a coalition of farmers’ unions protesting against the three new farm laws.
Police detained protesters at most places where roads were blocked. In Bengaluru, farmers and Kannada organisations blocked roads at two critical junctions – Yelahanka and Mysore Bank Circle – but were detained minutes later. Vehicular movement in these areas was not affected, said the police.
Farmer leader Kuraburu Shantakumar, who led the road block protest at Yelahanka, said the police detained three groups of farmers who tried to block roads one after the other. “Our only demand is that the Union government withdraw the three farm laws. But today's protest is also against how the Union government is treating farmers, booking false cases and using brute force of the police against protesters,” he said.
Farmers blocked Bengaluru-Mysuru highway at Mysuru, Mandya and Ramanagaram, Ballari Road at Devanahalli and Chikkaballapur, Bengaluru-Chennai highway at Kolar, Bengaluru-Bidar highway at Kalaburagi and Shahpura, and several key junctions on Tumakuru Road and in Belagavi, Davanagere, Raichur and Koppal, among other places. At several roadblock points, farmers came with bullock carts and cattle, and in many places even cooked on roads.
A statement from Samyukta Horata - Karnataka, a coalition of farmer, Dalit and progressive organisations, termed the protests in the State a success. They demanded that the Centre immediately stop harassing protesting farmers at the Delhi borders, and heed their demands and withdraw the three farm laws.
Meanwhile, senior Kannada activist Vatal Nagaraj condemned Karnataka Chief Minister B.S. Yediyurappa for ‘blindly following the diktat of the Centre’.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 9, 2021
- Country
- India
- Initial Date
- Jan 28, 2021
- Event Description
The police have filed a case against seven people, including Congress leader Shashi Tharoor and journalist Rajdeep Sardesai, for allegedly “misreporting” and “spreading disharmony” during the clashes between the police and the protesting farmers on Republic Day.
The FIR was filed on Thursday night by Gurugram Police on the basis of a complaint by Jharsa resident Pankaj Singh (34), who works with a private company. The police said the complainant has accused Tharoor, Sardesai and five other journalists of spreading “false and misleading information”.
Karan Goel, assistant commissioner of police (DLF), said that the police would probe the complaint that the suspects had spread fake news accusing the Delhi police of the murder of a person who was driving tractor during the riot in the Capital on Republic Day. “Gurugram Police has begun an investigation into the matter,” said Goel.
On Tuesday, thousands of protesting farmers had clashed with the police during the tractor rally called by farmer unions to highlight their demand for repeal of the Centre’s three farm laws.
A case under sections 120B (criminal conspiracy), 124A (sedition), 153-A (promoting enmity between different groups), 153-B (imputations, assertions prejudicial to national integration) and 505(2) (statements creating or promoting enmity) of the Indian Penal Code (IPC) was registered at the Cyber police station of Gurugram.
“I filed a complaint with the Gururgam Police on Thursday and attached the social media posts from the suspects Twitter handles. I was deeply aggrieved by widespread riots on Republic Day in the national Capital,” said Singh. “I am a middle-class person with no political affiliation,” he further added.
The journalists named in the FIRs are Rajdeep Sardesai, Mrinal Pande, Vinod Jose, Zafar Agha, Paresh Nath and Anant Nath. The Editors Guild of India has condemned filing of police cases against them.
"The journalists have been specifically targeted for reporting the accounts pertaining to the death of one of the protestors on their personal social media handles as well as those of the publications they lead and represent. It must be noted that on the day of the protest and high action, several reports were emerging from eyewitnesses on the ground as well as from the police, and therefore it was only natural for journalists to report all the details as they emerged. This is in line with established norms of journalistic practice," the Editors Guild said in a statement.
- Impact of Event
- 6
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Offline
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 3, 2021
- Country
- India
- Initial Date
- Jan 30, 2021
- Event Description
The Uttar Pradesh Police on Saturday filed a first information report against The Wire’s Founding Editor Siddharth Varadarajan for tweeting an article published on the news website reporting that the farmer who was killed during a tractor rally on Republic Day had died in police firing.
The article, published on Friday, cited the family of Navreet Singh. They rejected the Delhi Police’s claims that the farmer had died after his tractor overturned. The family has alleged that the man was shot.
A case under Indian Penal Code Sections 153-B (imputations, assertions prejudicial to national-integration) and 505(2) (statements conducing to public mischief) has been filed in the state’s Rampur district. The FIR was filed on a complaint by one Sanju Turaha, a resident of Rampur district, according to The Print.
The FIR referred to Varadarajan’s tweet from Saturday in which he shared The Wire’s article. It stated that report was presented in a manner which made it seem like the doctor, who conducted the autopsy of the farmer, had confirmed that he died of a bullet injury, reported The Print.
“As a result, Rampur’s people have become resentful, and tension has increased,” it added. “This post certainly seems to be a part of a conspiracy to incite violence with the aim of making an unfair profit by harming the general public.”
In the article, Hardeep Singh Dibdiba, Navreet Singh’s grandfather, claimed that one of the doctors told him about a bullet wound. “We were told by the doctor that they have clearly seen the bullet injury, and then we cremated his body peacefully,” Dibdiba was quoted as saying by The Wire. “But we were cheated, as the [postmortem] report that came out did not say that. The doctor even told me that even though he had seen the bullet injury, he can do nothing as his hands are tied.”
However, the doctors have refuted this. The postmortem analysis, done on January 27 at 2 pm, said that the “cause of death is shock and haemorrhage as a result of ante-mortem head injury”. The Delhi Police has also claimed that this was the cause of death. The Rampur district magistrate also clarified that no other official statement was made from the side of the authorities.
The Wire’s report had included these statements by the police and doctors rejecting the family’s claims.
However, the FIR alleged that the article had wrongly quoted the government medical officer in order to “incite” the general public, reported The Print.
It said that Singh’s postmortem was conducted by three panel doctors and was duly videographed. It added that all the three doctors have denied giving any such statement to anybody. “Despite this, the tweet has not been removed yet,” the FIR stated, adding that post was intended to “disturb peace and law and order” by “intentionally posting provocative posts through social media- Twitter without knowing the right facts”. Rampur DM had tweeted the article could cause ‘law and order problem’
On Saturday evening, the Rampur district magistrate responded to Varadarajan’s tweet sharing the article. “We ardently request you to please let’s be sticking to facts and facts only,” he wrote. “We hope our request will be sincerely taken up by you.”
The district magistrate also attached a denial note by the three government medical officers who conducted the postmortem, claiming that none of them had spoken to anybody from the media, or made any statement about the autopsy.
In response, Varadarajan informed the DM that The Wire report had been updated to include the official declaration by the three doctors. To this, the DM responded, “Hope you understand your story could cause a law and order problem here. It has already caused tensed situation here. Responsibility?”
Meanwhile, Varadarajan on Sunday morning reacted to the FIR registered against him. “What’s the IPC [Indian Penal Code] provision for ‘malicious prosecution’,” he asked. “Here is the UP Police indulging in it, filing an FIR against me for tweeting about what the grandfather of farmer who was killed in the tractor parade had said on the record!”
In a separate tweet, the journalist wrote: “In UP, it is a crime for media to report statements of relatives of a dead person if they question a postmortem or police version of cause of death.”
Several states have registered cases against journalists who have reported on the death of the farmer on January 26. The Editors Guild of India has described the action as a concerted attempt to “stifle and harass” media.
The Delhi Police on Saturday became the fifth one to file a case against Congress MP Shashi Tharoor and six journalists for allegedly sharing unverified news about Singh’s death.
Besides Tharoor, the police named India Today journalist Rajdeep Sardesai, National Herald’s senior consulting editor Mrinal Pande, Qaumi Awaz editor Zafar Agha, The Caravan magazine’s editor and founder Paresh Nath, The Caravan editor Anant Nath and its executive editor Vinod K Jose.
The Uttar Pradesh Police was the first to file an FIR against the seven in Noida that includes charges of sedition, followed by a similar case filed by the police in Madhya Pradesh. Other FIRs were registered in Gurugram and Bengaluru on Friday, and in Noida on Thursday. Farm law protests
Tens of thousands of farmers have been camped on the edge of New Delhi for over two months, seeking the repeal of agricultural laws passed in September. The protests had largely been peaceful but violence erupted on January 26, when a tractor rally planned to coincide with Republic Day celebrations turned chaotic.
Some protestors broke through barricades and poured into the city, clashing with the police that tried to push them back with tear gas and a baton charge. Besides the death of one protestor, several others, including 300 Delhi Police personnel were also wounded.
The Delhi Police said on Saturday that 84 people have been arrested and 38 first information reports filed so far in connection with the violence.
Several farmer leaders, including Swaraj India President Yogendra Yadav and Bharatiya Kisan Union’s Haryana unit President Gurnam Singh Chaduni, were named in one of the FIRs filed by the police.
The police have alleged that farmer leaders made inflammatory speeches, and were involved in the violence during the tractor parade. Farmers have denied the allegations and blamed “antisocial elements” for the chaos.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 3, 2021
- Country
- India
- Initial Date
- Jan 26, 2021
- Event Description
Several journalists from Indian media group iTV were threatened, heckled and physically assaulted by unidentified assailants during a Republic Day tractor rally in New Delhi on January 26. The International Federation of Journalists (IFJ) and its Indian affiliate the National Union of Journalists – India (NUJ-I) condemn the attacks.
Aishwarya Jain, Ajit Shrivastava, Priya Singh and Aditya Nair, working for the iTV-owned NewsX and India News outlets, suffered verbal abuse, pelting with stones and intimidation during the rally by members of the crowd. Jain was caught and beaten while Shrivastava was thrashed with sticks.
Thousands of farmers, protesting controversial agricultural reforms, stormed New Delhi’s historic Red Fort in a convoy of tractors, horses and foot protesters. They called for the removal new laws that will greatly reduce the earnings of small farmers and favour large corporate farms. Despite calls for a peaceful protest, demonstrators clashed with police and breached barricades, shouting slogans denouncing Indian Prime Minister Narendra Modi’s ‘black laws’.
The News Broadcasters Federation (NBF) condemned the attack, expressing “deep concern and anguish” at the threats to media personnel during the rally and called for the arrest of the assailants. ITV network also appealed to authorities to take action to ensure “free, fair and fearless journalism thrives in India and no journalists threatened and intimidated for simply doing their duty.”
India remains a dangerous nation for media workers with Indian journalists often targeted for their reporting on land and gang disputes. According to IFJ documentation, eight Indian journalists were killed in deliberate attacks during 2020, with many more suffering violence and abuse.
NUJ-I president, Ras Bihari, said: “In addition to the attack to journalists, many female journalists have complained of molestation and misbehavior during the protest. NUJ (I) condemns the attack and demands immediate arrest of the persons responsible for it.”
NUJ (I) said it will file complaints to the Prime Minister, the Union Home Minister and the Press Council of India regarding the misconduct.
The IFJ said: “This latest incident in New Delhi, along with the escalating frequency of journalist attacks in India, highlights the dire situation of press freedom in India. This verbal and physical assault of journalists must be met with swift prosecution of all perpetrators.”
- Impact of Event
- 4
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- Gender Based Harassment, Intimidation and Threats, Sexual Violence, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Media Worker, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Feb 2, 2021
- Country
- India
- Initial Date
- Jan 25, 2021
- Event Description
In a social media statement, Dixit revealed that at around 9pm on January 25, an unidentified person attempted to break into her house in Delhi, fleeing when she shouted and opened the door. The incident follows a series of harassment and intimidation attempts, including threats of rape, acid attack and murder, by an unidentified group since September 2020. According to the statement, Dixit said the threats were entirely related to her role as a journalist. Several mobile numbers and different voices were used to threaten her. She further stated that the stalkers also target her partner.
Dixit received the first telephone threat in September 2020 while at a market. The unknown voice threatened, “Sabzi lay rahi hai na tu. Bada reporter banti hai. Jaan jayegi teri” (translating to “You are buying vegetables, right? You think you are a big shot reporter? You will die.”). The calls have increased in frequency, coming from different unidentified numbers. Dixit has filed a complaint with local police.
Dixit, whose stories have been published in The New York Times, Al-Jazeera, Caravan and The Wire, is known for her ground-breaking investigative stories concerning female trafficking in Assam and gender-based violence against minority women during the Muzaffarnagar riots.
A global survey by the International Center for Journalists (ICFJ) and the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2020 highlights the widespread online abuse, harassment, threats, and attacks suffered by female journalists. In accordance with these findings, there have been many instances of attempted character assassination, doxing (disclosure of personal identifying information) and even threats of physical and sexual violence against female journalists in India.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Gender Based Harassment, Intimidation and Threats
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Feb 1, 2021
- Country
- India
- Initial Date
- Jan 7, 2021
- Event Description
Seeking an end to house detention of National Alliance of People’s Movements (NAPM) national convenor Richa Singh and withdrawal of notice issued to activist Ramjanam under the Goondas Act, NAPM has said in a statement that the Uttar Pradesh police’s action is “arbitrary”, underlining, “The farmers’ movement cannot be quelled by detaining activists and protestors.” Asking the Uttar Pradesh government to “stop the draconian clampdown on democratic rights” in the state, NAPM said, these incidents are part of “a broader pattern” of stifling “democratic rights of activists and leaders of farmers’ organisations across Uttar Pradesh and in other states of India”, adding, “It reflects a rising trend to suppress voices of dissent and people’s demands, contravening the Supreme Court’s stand that protest is people’s constitutional right.” National Alliance of People’s Movements is deeply agitated at the arbitrary house detention of Richa Singh, founder member of Sangtin Kisan Mazdoor Sangathan, national convenor of NAPM, and a committed activist who has been working with women, workers, dalits and farmers for three decades in Sitapur, Uttar Pradesh. The UP police have detained her since the evening of 7th Jan, without an order or appropriate explanation. Circumstances of the house detention of Richa On January 7, Richa Singh was stopped by the police, as she was joining the tractor rally in support of the farmers’ protests, in Sitapur, UP. While she was permitted to join the rally after speaking to the authorities, she was followed by two plainclothes police personnel. On the evening of the same day, she was placed under house arrest and prevented from accessing medical care in Lucknow. The Sitapur kotwal, the City Magistrate and the CO, visited her house but were unwilling to provide more than ambiguous information regarding the reasons for her detention. Lack of clarity regarding reasons for detention In spite of multiple attempts to learn the reason why she has been placed under house arrest, the authorities only indicated that, based on ‘information’ they had received, they suspected she intended to join the farmers’ protests in Delhi. The details of this information have not been shared with her, contravening Richa Singh’s civil rights to be informed of the basis for her house arrest. There also does not seem to be an order for the arrest. The authorities refused to take into account her repeated attempts to indicate that her intention was to visit a doctor in Lucknow, rather than join the farmers’ protests in Delhi. At the same time, participation in the farmers’ protests in itself could not have constituted grounds for house arrest, by any stretch of imagination. Targeted state suppression of protest All these incidents are part of a broader pattern of arbitrary detentions of democratic rights activists and leaders of farmer’s organisations across Uttar Pradesh and in other states of India. It reflects a rising trend to suppress voices of dissent and people’s demands, contravening the Supreme Court’s stand that protest is people’s constitutional right. Leaders and activists from various states, as well as members of the civil society, have been placed under house arrest and prevented from showing solidarity with the farmers’ protests from the beginning of the movement, including from holding local protests and joining the movement in Delhi. While this often takes place in the name of preventing the spread of the Coronavirus, it is in circumstances such as the present house arrest that the actual intention of the authoritarian State to clamp down on dissenting voices becomes clear.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Restrictions on Movement, Surveillance
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to liberty and security
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 27, 2021
- Country
- India
- Initial Date
- Jan 19, 2021
- Event Description
A court in Gujarat’s Kutch district on Tuesday issued an arrest warrant against senior journalist Paranjoy Guha Thakurta in a defamation suit filed by the Adani Group.
Judicial magistrate Pradeep Soni issued a direction to the Nizamuddin police station in New Delhi, asking them to arrest Thakurta, who “stands charged with complaint under section 500 of IPC [defamation]”, according to news agency PTI.
The Adani Group had filed the defamation suit following a June 2017 article that said the Narendra Modi government tweaked rules relating to special economic zones which gave the group a “Rs 500 crore bonanza”.
Thakurta’s lawyer told PTI that they haven’t received any intimation (from the court). “This information (on arrest warrant) has come to us from media,” Anand Yagnik said.
He added said the Adani Group had withdrawn complaints against everybody but not against his client.
“The magazine (which published the article) is not responsible (for criminal defamation), the case against co-authors has been withdrawn but you don’t withdraw the complaint against [another] author,” he said. “We have moved a discharge application.”
With the pandemic affecting court hearings last year, the case filed by Adani had come up before the court on Monday and the court had said it will pass an appropriate order, he added.
The article was first published by Economic and Political Weekly on June 14, 2017, of which Thakurta was the editor-in-chief at the time. The Wire had then republished the piece on June 19, 2017.
While EPW removed the article after receiving notices from the Adani Group, The Wire contested the application for an injunction. In May 2019, the group withdrew all its cases against The Wire.
Thakurta resigned as editor of EPW after its publisher Sameeksha Trust ordered the editorial department to take the article down.
In a statement issued on Wednesday, The Wire has said:
“Paranjoy Guha Thakurta and two other authors wrote an article for the Economic and Political Weekly in 2017 on the Adani group, which was republished subsequently by The Wire.
While the Adani group had initiated both civil and criminal defamation against the three authors and The Wire in 2017, the proceedings against The Wire and its Editors were unconditionally withdrawn in 2019, as were those against two of the three authors of the article.
We are dismayed to see that the case of civil and criminal defamation against Paranjoy Guha Thakurta has not been withdrawn.
The Wire wishes to place on record its stand that the article itself is legitimate expression and not defamatory in the least.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Judiciary
- Perpetrator-Non-State
- Corporation (others)
- Source
- Monitoring Status
- Pending
- Date added
- Jan 23, 2021
- Country
- India
- Initial Date
- Dec 18, 2020
- Event Description
The Supreme Court on Friday initiated contempt proceedings against stand-up comedian Kunal Kamra and cartoonist Rachita Taneja for scandalising the court and the highest judiciary with their tweets.
A three-judge Bench of Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah issued notice asking Mr. Kamra and Ms. Taneja to show cause why they should not be punished for contempt of court.
Both Ms. Taneja and Mr. Kamra have been exempted from personal appearance in court. Usually, persons facing contempt action have to be present during the hearing.
The notice to them is returnable in six weeks.
On Thursday, the Bench had heard petitioners seeking contempt action against the duo and decided to pass its orders after a day.
The petitioners, mostly law students and lawyers, had moved the Supreme Court after getting the statutory consent for contempt action from Attorney General K.K. Venugopal.
In the case against Mr. Kamra, law student Shrirang Katneshwarkar’s counsel Nishant Katneshwarkar had submitted that the tweets by the comic were scandalous.
Mr. Katneshwarkar had given a date-wise chronology of the various tweets of the comedian.
Mr. Venugopal had consented to contempt action against Mr. Kamra, saying the tweets were grossly vulgar and obnoxious.
Mr. Kamra had refused to apologise or retract the tweets. Instead, he had tweeted that he wished to “volunteer” the time that may be allotted for hearing his contempt case to others “who have not been as lucky and privileged as I am to jump the queue”.
The AG had also found Ms. Taneja’s cartoons, which she had tweeted, scandalous with an intent to undermine the judiciary. The cartoons concern the top court’s grant of bail to Republic TV editor-in-chief Arnab Goswami.
Mr. Venugopal had, in his consent letter, said the tweets carried the “gross insinuation” that the court had “ceased to be an impartial organ of the State”.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Artist, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Date added
- Jan 15, 2021
- Country
- India
- Initial Date
- Dec 31, 2020
- Event Description
The Kashmir Walla’s account was suspended without any possibility of appeal on 31 December following the retweeting of an article about the use of violence by Indian security forces against a religious procession in Kashmir – an article that the magazine published last August.
“The tweet attracted attention from Twitter users who we believe are part of right-wing social media cells and who may have reported the tweet en masse,” The Kashmir Walla editor Fahad Shah told RSF.
India’s ruling Bharatiya Janata Party has an “IT cell” (information technology cell) that is notorious for manipulating social media algorithms in order to get the accounts of critical journalists and media outlets suspended automatically. This troll army was one of the world’s 20 worst digital predators that RSF named in March 2020.
Shad added: “It is unfortunate that we – as an independent and credible news source from Kashmir – were not given a chance to respond before the restrictions were placed on our Twitter account. Moreover, Twitter hasn't responded to the appeal that we filed.”
Total opaqueness
“We call on Twitter India’s administrators to restore The Kashmir Walla’s account immediately,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “The total opaqueness surrounding the social media’s easily manipulable algorithms has been extremely prejudicial to press freedom in this case. As well as transparency, we ask Twitter to act responsibly by creating a channel through which this kind of sudden blocking can be challenged.”
In order to combat this kind of exploitation of social media algorithms by unreliable information providers, RSF has created the Journalism Trust Initiative, which is designed to give a competitive advantage to journalism that respects ethical standards – the kind of journalism to which The Kashmir Walla is committed.
India is ranked 142nd out of 180 countries in RSF's 2020 World Press Freedom Index.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Censorship, Online Attack and Harassment
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Suspected state
- Source
- Monitoring Status
- Pending
- Date added
- Jan 15, 2021
- Country
- India
- Initial Date
- Jan 7, 2021
- Event Description
On 7 January 2021, the Guwahati High Court rejected the bail plea of human rights defender, Akhil Gogoi. The defender has been in jail since 12 December 2019, in connection with a case relating to the Anti-Citizenship Amendment Act (CAA) protests, filed by the National Investigation Agency (NIA). Since his initial arrest, multiple First Informations Reports have been booked against him, all relating to the anti CAA protests, with charges including sedition. While in detention, in July 2020, Akhil Gogoi tested positive for COVID-19 and was moved to a hospital for immediate care.
A special NIA court had previously granted bail to Akhil Gogoi in one of the cases being probed by the NIA. Currently, the defender is being detained at the Guwahati Central Jail.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Community-based HRD, RTI activist
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Related Events
- India: RTI activist detained, allegedly tortured
- Date added
- Jan 15, 2021
- Country
- India
- Initial Date
- Jan 11, 2021
- Event Description
Anti-caste activist Harshali Potdar was briefly arrested by Mumbai’s MRA Marg police on Monday afternoon for sharing an allegedly inflammatory Facebook post in March 2020. By evening, she was released after being made to fill out several arrest forms.
Potadar’s application for anticipatory bail in this case had been rejected by a sessions court on January 6.
The police had filed its case against Potdar on April 4, 2020, accusing her of sharing a post by a Facebook user, Mohsin Sheikh, who blamed the Central government for targeting the Muslim community and the Tablighi Jamaat group with claims that it was responsible for spreading Covid-19 in India.
The first information report claims the post appealed to Muslims to act against Brahmins, and has booked Potdar under Section 153A (1) of the Indian Penal Code, dealing with promotion of communal disharmony.
In a Facebook live video she shared after her release, Potdar denied sharing any such post. “I have given them [the police] my statement before, whenever they have asked for it – I have not shared that post,” said Potdar in the video. “But even if the police claims I have shared it, they have listed me as accused number one, and the person who wrote the post has been listed as accused number two. And the FIR also claims the post was deleted within 30 minutes.”
Potdar was arrested despite the Supreme Court itself criticising the Central government for its handling of the media coverage of the Tablighi Jamaat event. In October and November 2020, the Supreme Court pulled up the government for its inaction towards media channels that had communalised the Jamaat event. Connection to Bhima Koregaon
Potdar’s lawyer Ishrat Ali Khan also refuted these charges against her client. “She is being targeted because of her connection with the Bhima Koregaon case and because of her involvement in several protests and dharnas,” she said.
Potdar is a member of the Republican Panthers Caste Annihilation Movement, and was one of the organisers of the Elgar Parishad event that took place in Pune city on December 31, 2017 – a day before caste-based violence broke out near Bhima Koregaon in Maharashtra’s Pune district.
At least 16 activists and intellectuals have been arrested since June 2018 for allegedly conspiring to provoke the Bhima Koregaon violence. Meanwhile, no major action has been taken against two right-wing Hindutva leaders – Sambhaji Bhide and Milind Ekbote – who have also been accused of making provocative speeches before the Bhima Koregaon vioence.
Although Potdar was one of the accused in the case, she has not been arrested or charge-sheeted for it so far.
In her Facebook video on Monday, Potdar claimed her arrest was an intimidation tactic, likely because organisers of the 2017 Elgar Parishad have announced another Elgar event in Pune on January 30 in support of the 16 arrested activists.
“Through such false cases, the police is trying to spread fear among activists working in the Ambedkarite and progressive movements so that they don’t come forward to do their work,” Potdar said. “But they will not be able to silence us like this.” Unauthorised arrest
Potdar has also questioned the MRA Marg police about the manner in which she was arrested while she was in a public place. “I was eating in a restaurant with a few activist friends when four or five police officials in civil dress surrounded us and demanded that I go to the police station with them,” Potdar said in the Facebook video. The officials did not have any summons or arrest warrant, she said, and refused to tell her why they wanted to arrest her. “They also asked me to surrender my phone, which I refused to do, since they did not have a seizure panchnama.”
At the police station, she was not allowed to speak to her lawyer or activist friends, and was told about the case in which she was arrested only after making her fill up arrest forms. “At around 6.30 pm, after informing my family and lawyer that I would be in the lock-up tonight, they suddenly told me they were releasing me,” she said. “So then what was the dramatic arrest all about? Only the police can answer.”
Officials at the MRA Marg Police Station were unavailable for comment.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 12, 2021
- Country
- India
- Initial Date
- Dec 15, 2020
- Event Description
On 15 December 2020, police personnel arrested woman human rights defender Annapoornafrom her house in Vishakapatnam. While it was not informed at the time of the arrest, her familywas later told, upon repeated inquiring, that she was taken into custody in relation to a FirstInformation Report (FIR) filed against her and several others, on 23 and 24 November, allegingtheir links to Maoist factions. Annapoorna is currently being detained at the Vishakapatnam CentralJail.Annapoorna is a labour rights defender, an advocate and an executive member of thePragatisheela Karmika Samakhya, a workers union in the Indian state of Andhra Pradesh. Over thepast several years, the woman human rights defender has been at the forefront of the humanrights movement in India, advocating for Dalit, women’s and worker’s rights.On 15 December 2020, a team of ten plain clothed individuals entered the residence of labourrights defender Annapoorna and forcibly removed her. The defender was feeding her three year oldchild when the incident occurred. The individuals did not did not disclose their identity, nor did theygive a valid reason for taking her away. During the raid, they also took three mobile phones thatwere in the house. It was only later, when Annapoorna’s brother went to file a complaint at the localpolice station, he was informed that she had been taken by Special Enforcement officials andtherefore no complaint would be registered. Later the same day, two individuals entered thewoman human rights defender’s house for a second time, took the signature of Annapoorna’smother and then proceeded to search the entire place. When prompted and asked to to identifythemselves, they failed to respond and left hastily. The defender’s lawyer and family have beendenied physical access to her since her arrest. Furthermore, the labour rights defender is adiabetic and suffers from thyroid related problems and is in need of regular medication. Her threeyear old had recently recovered from COVID-19 and is still healing from the severity of it’s effects.On 23 and 24 November 2020, two FIRs, naming over eighty persons, were filed atMunchangiputtu and Piduguralla in Andhra Pradesh. The FIRs allegedly report that those it nameshave links to Maoist factions in the country. Annapoorna is the fifth human rights defender to bearrested since the lodging of these FIRs. Several of those mentioned in the FIRs are members ofhuman rights organisations, including women's rights organisations, workers unions andorganisations working against caste discrimination. The charges in the FIRs include the stringentand draconian Unlawful Activities Prevention Act (UAPA), Andhra Pradesh Public Security Act,Arms Act and sedition charges.Front Line Defenders condemns the arrest of woman human rights defender Annapoorna, as itbelieves she is being targeted as a result of herhuman rights work and exercising her right tofreedom of expression.It particularly condemns the use of the UAPA against human rightsdefenders, with the aim of terrorising them and silencing their work.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Raid, Vilification
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Labour rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 8, 2021
- Country
- India
- Initial Date
- Dec 1, 2020
- Event Description
A violent mob abused, attacked and threatened a female journalist for exposing the existence of illegal cow slaughters in the Pension Mohalla of Hassan district in Karnataka.
On receiving information regarding illegal cow slaughtering mafia in the city, senior Journalist Vijayalakshmi Shibaroor, the Editor-in-chief of Vijaya Times, and her team travelled to Hassan. During her course of special investigation, the female journalist exposed how these illegal slaughterhouses in the city operate with impunity despite cow slaughtering is banned in the district.
The woman journalist, accompanied by NGOs and police officials, visited the four illegal slaughterhouses and five cattle hoarding spots in the city. As they tried to enter one of these illegal abattoirs to rescue cattle, an angry mob, comprised of Burkha-clad women, gathered around the journalist and stopped her from reporting.
The mob not only abused the journalist, but also manhandled and threatened her with dire consequences if she did not leave the place at once.
Here is the footage of the angry mob trying to attack the journalist. One can see how Burkha-clad women attacked the journalist despite the presence of police officials. The helpless police officials were a mute spectator during the entire incident.
The journalist was given death threats if she failed to leave the location then. The illegal cattle smugglers hid other cattle and the NGO managed to save only a few animals.
Reportedly, Hassan Babu and Rehamaan were allegedly operating four illegal slaughterhouses in the area and had taken hostage of around 100 cattle.
Following the incident, an FIR has been registered regarding this case at a local police station.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Jan 8, 2021
- Country
- India
- Initial Date
- Dec 10, 2020
- Event Description
Police manhandled three Kashmiri journalists as they covered election polling in South Kashmir on December 10. The International Federation of Journalists (IFJ) and its Indian affiliates the Indian Journalists Union (IJU) and the National Union of Journalists India (NUJ-I) condemn the journalists’ arbitrary attack and the ongoing persecution of media workers in the region.
Fayaz Lolu, a stringer with ETV Bharat; Mudasir Qadri, a stringer with News 18 Urdu; and Junaid Rafiq, of V9;were beaten by the senior superintendent of police (SSP), Anantnag Sandip Chowdary, in the Srigugwara area of South Kashmir. The journalists were all covering the District Development Council elections in the Anantnag district of Jammu and Kashmir on December 10. During the attack, the journalists were thrashed and slapped after interviewing voters who complained that polling was not beginning at the scheduled time. Voting did not commence until 8.30am, an hour and a half later than the organised start time of 7.00am.
The journalists allege their equipment, including mobile phones and microphones, were confiscated. Police escorted them to Srigugwara’s police station where they were detained for almost two hours. During their detention, journalist Rafiq complained of breathlessness and was taken to a nearby hospital where he was placed on oxygen support.
Kashmiri journalists are routinely arbitrarily intimidated, harassed, attacked and faced legal action by authorities and security officials. On September 19, thecyber wing of the Jammu and Kashmir Police summoned and abused Auqib Javeed, a Kashmir based journalist, over a news report about police intimidation of social media users. Similarly, on July 31, Qazi Shibli, the editor of news portal The Kashmiriyat, was detained, while Fahad Shah, editor of news portal Kashmir Walla, was summoned on May 20. Srinagar police also filed separate investigations or First Information Reports (FIR) against Kashmiri photojournalist Masrat Zahra and journalist Gowhar Geelani on April 18 and April 21 respectively. Cyber police in Srinagar questioned journalist Peerzada Ashiq on April 19 in relation to the journalist’s news articles.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 8, 2021
- Country
- India
- Initial Date
- Nov 2, 2020
- Event Description
The communal harmony activist arrested in November for offering namaz at a temple in Mathura was granted bail by Allahabad high court in the case on Friday.
Faisal Khan, the national convenor of Khudai Khidmatgar – an organisation working towards interfaith understanding – was arrested by the Uttar Pradesh Police from his residence in Delhi on November 2 and photos and videos showing him offering namaz in a temple complex at Mathura had gone viral on social media.
He was arrested on charges under sections 153A (promoting enmity between different groups), 295 (injuring or defiling place of worship with intent to insult the religion), and 505 (public mischief). He was then sent to 14-day judicial custody.
The bail order delivered by Justice Siddharth and dated December 18, read:
“Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail…”
Khan’s counsel had held in court, “Only on the basis of photographs which went viral the applicant cannot be said to have intention to disturb the communal harmony of the society. He did not entered into the sanctum sanctorum of the temple rather he performed Namaz outside of the temple with the permission of the priest of the temple as clear from the viral photographs. The allegation of receiving foreign funds is without basis.” (sic)
Khan had visited the temple of Nand Baba in Mathura in time for his afternoon prayers on November 19. He was accompanied by his associates, Chand Mohammad, Nilesh Gupta and Sagar Ratna. In a statement, the Khudai Khidmatgar said local people at the temple had told Khan he could say his namaz at the premises rather than going elsewhere.
Later, a priest at the temple, Kanha Goswami filed a complaint saying that Khan’s gesture had “offended” Hindu sentiments. The complaint also called for an inquiry into the episode and into whether the move had involved “foreign funding” by a Muslim organisation.
A prominent Gandhian activist, Khan was on a five-day pilgrimage between October 24 and October 29 to advocate communal harmony, his organisation had said in a statement. The temple prayers were a part of an attempt to send a message of peaceful coexistence between religions.
Khan’s advocate filed two applications. One was an anticipatory bail application which was not listed. Friday saw the first hearing of his case.
In judicial custody, Khan had tested positive for COVID-19 and had been admitted to KD Medical College hospital in Mathura. This was a cause of concern for his family. His sister, Falak, says “It has been a struggle without him.”
The bail order has relieved the family which had been under considerable anxiety. “We are so thankful to the system. He is a modern Gandhi, and his past work speaks for his record. We will celebrate his return like Diwali,” Falak told The Wire.
Bail was granted to him on the condition that Khan will not use social media for any such purposes till the conclusion of trial. His case was argued by senior advocate Colin Gonsalves.
Khudai Khidmatgar was founded by freedom fighter Khan Abdul Gaffar Khan – popularly known as the Frontier Gandhi.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Offline, Right to health, Right to liberty and security
- HRD
- Freedom of religion/belief activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 7, 2021
- Country
- India
- Initial Date
- Nov 26, 2020
- Event Description
On 26 November 2020, the Special National Investigation Agency (NIA) Court in Mumbai, rejected human rights defender Stan Swamy’s request for a straw, a sipper bottle and winter clothing. The human rights defender suffers from Parkinson's and therefore is unable to hold a cup and drink from it, hence the need for a straw and sipper bottle. During the hearing, the NIA told the special court that they did not have the requested items to give the defender and asked the court for 20 days to respond to the defender’s request. The judge directed a medical officer to revert back to the requirement of the requested items for the 83 year old human rights defender on 5 December 2020.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment
- Rights Concerned
- Right to health
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Dec 7, 2020
- Country
- India
- Initial Date
- Nov 27, 2020
- Event Description
Rakesh Singh Nirbhek, a reporter working for Rashtriya waroop newspaper and his friend Pintu Sahu were assaulted and suffered fatal burn wounds when his house set on fire by three assailants in the journalist’s house in Kalwari village. The International Federation of Journalists (IFJ) and its Indian affiliates the Indian Journalists Union (IJU) and National Union of Journalists (NUJ-I) condemn this heinous murder and urge the authorities to hold its perpetrators accountable.
On November 27, Singh’s house was burnt down, causing serious burn injuries to him and his friend Pintu Sahu, who died on the spot , while Singh died hours later at King George's Medical University’s Trauma.
Minutes before dying, the journalist said the attack was due to his reporting on corruption by the Kalwari village head Sushila Devi and her son. “This is the price for reporting the truth,” he said in a video recorded by the police at the hospital.
The Balrampur police arrested the son of the village head and two other suspects who were allegedly involved in the crime. They all confessed to the crime and were sent to jail on December 1.
Singh’s reported on the alleged corrupt practices of the village major Sushila Devi over the installation of solar panels and the construction of roads and sewage facilities.
Singh is the second journalist murdered because of his reporting in November alone. Earlier, G. Moses, a reporter for Tamilian TV, was murdered in a western suburb of Kundrathru, following his coverage of illegal land grabbing. Impunity for crimes against journalists in India is rampant.
The IJU president Geetartha Pathak said: “The IJU expresses serious concerns over this murder and frequent attacks, arrests and other forms of media right’s violations in Uttar Pradesh. The IJU urges for exemplary punishment to the murderers of Rakesh Singh Nirbheek.”
The NUJ-I President Ras Bihari said: “We strongly condemn the gruesome murder of journalist Singh, appeal the state government to set up a high-level judicial commission to probe the incident and punish those behind the murder.”
The IFJ General Secretary Anthony Bellanger said: “The horrible murder of Rakesh Singh for his reporting exposes the critical situation of journalists in India. The IFJ urges the Indian authorities to end impunity for crimes against media workers and punish those responsible for this crime regardless of their political affiliation.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Dec 7, 2020
- Country
- India
- Initial Date
- Nov 25, 2020
- Event Description
Hundreds of farmers from Punjab and Haryana marched towards Delhi with tractor-trailers on Wednesday to protest against the Centre’s agriculture-related laws, prompting the Haryana Government to deploy their police force in large numbers and invoke Section 144 of the CrPC to prevent assembly of protesters.
Haryana's government under Chief Minister Manohar Lal Khattar had ordered borders between Punjab and Haryana to be closed in an attempt to force the protesters back---a development that farmers criticised later as an attempt to silence them.
In Haryana's Kurukshetra, farmers tore down police barricades near Shahabad and were heading towards Pipli. Haryana Police used water cannons to unsuccessfully scatter the crowd. In
Karnal, police put up a check point at Oasis Tourist Complex on the National Highway 44. Protesters stopped to set up camp near Karnal's Samanabahu village for the night. They will resume their march to Delhi on Thursday.
Meanwhile, the protest march led to traffic jams on the NH-44, catching out several commuters, including wedding parties with grooms. Harried commuters now accuse authorities of not diverting traffic in advance.
"Today is my wedding and we left for Delhi from Ludhiana at 11 am, and we had to reach in Delhi before 8pm and now we are here in Karnal at 8.30pm. There’s still no clarity of how long this will take to clear,” a groom stuck in the traffic jam said.
Also, the police had taken nearly 100 farmer leaders from the state into "preventive custody".
As per the police estimates, around 2,00,000 farmers from Punjab are set to leave for Delhi as part of their 'Delhi Chalo' agitation from November 26.
Farmer body Bharatiya Kisan Union (BKU) President Balbir Singh Rajewal said Haryana Chief Minister Manohar Lal Khattar has got sealed the interstate borders for Punjab farmers to prove that "Punjab is not part of India".
"We will peacefully block the routes to Himachal and Jammu and Kashmir. Will start dharna on the roads," he tweeted.
Rajewal questioned Khattar for refusing to give passage to the farmers to go to the national capital.
At a press interaction in Rohtak, Inderjit Singh, a senior leader of All India Kisan Sangharsh Coordination Committee (AIKSCC), condemned the sealing of the borders and demanded an anser from Deputy Chief Minister Dushyant Chautala for the police action against farmers.
"Dushyant claims himself to be a big well wisher of the farmers but why he is keeping mum when the farmers are being suppressed by the police at the instance of his government,” he said.
Farmers affiliated to 33 organisations are part of the United Farmers Front, an all-India body of over 470 farmer unions that will participate in the indefinite protest in the national capital from November 26.
The protesting farmers have threatened to block all roads to Delhi if they were denied permission to travel towards Delhi.
The Delhi Police asked the farmers not to enter Delhi as they don't have permission to protest in the city.
Haryana Police too have issued a travel advisory, asking commuters to avoid certain national highways along the state border with Punjab and Delhi for three days, starting Wednesday, in the wake of the protest.
Road blockades have been put at several places along the state border as per Chief Minister Khattar's directive to ensure "law and order", the police said.
A state police spokesperson told IANS that elaborate arrangements have been made by the civil and police administration.
The primary objective of these arrangements is to maintain proper law and order to prevent any kind of violence, facilitate functioning of traffic and public transport systems and to ensure public peace and order.
The spokesperson said a large number of protesters are likely to enter Haryana from Punjab through various border entry points for their onward journey towards Delhi.
The main focus points of the protestors originating from within Haryana will be the four major national highways leading towards Delhi, i.e., Ambala to Delhi, Hisar to Delhi, Rewari to Delhi and Palwal to Delhi.
A specific call has been given by protesting organisations for congregation at Shambhu border near Ambala city, Mundhal Chowk in Bhiwani district, Anaj Mandi in Gharaunda town in Karnal district, Tikri border in Bahadurgarh town in Jhajjar district, and the Rajiv Gandhi Education City in Rai in Sonipat district.
The spokesperson said that to ensure appropriate law and order arrangement, it is likely that the traffic diversion or roadblocks may be put up by the police on November 25, 26 and 27.
Punjab Chief Minister Amarinder Singh on Tuesday welcomed the Centre's decision to take forward the talks with various farmer organisation on the farm laws issue in Delhi on December 3.
He said the forthcoming talks would pave the way for early redressal of the concerns of the farmers on the Central agricultural laws.
Bharatiya Kisan Union (BKU-Ekta Dakonda) President Buta Singh Burjgill said the 'langar' (free meal service) will go on until the Central government takes back the laws.
"It will be a historic protest in Delhi amid the presence of two lakh farmers. We won't go back from our protest even half an inch." Farmers protesting against the laws have expressed apprehension that these laws would pave the way for the dismantling of the minimum support price system, leaving them at the 'mercy' of big corporate entities.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 28, 2020
- Country
- India
- Initial Date
- Nov 26, 2020
- Event Description
Several unions have called for protest rally against farm laws on Nov. 26, 27
Around two dozen farmer leaders were taken into preventive custody by the Haryana Police on Tuesday early morning in raids across the State, ahead of the farmers groups’ two-day call for “Dilli Chalo” on November 26 and 27 to protest against the farm laws. The arrests sparked off protests in many parts of the State with various farmers’ and workers’ unions condemning the action as “undemocratic”. Midnight clampdown
In a post-midnight clampdown in several districts, including Jhajjar, Hisar, Sirsa, Karnal and Bhiwani, police teams mounted raids at the houses of farmer leaders and took them in preventive custody. Jhajjar Superintendent of Police Rajesh Duggal told The Hindu that nine farmer leaders were arrested and sent to judicial custody.
Swaraj India national president Yogendra Yadav, in a press conference during the day, claimed that at least 31 farmer leaders were detained in raids across the State in the early hours. He said the farmers were committed to peaceful and disciplined demonstration against the farm laws, but the Haryana government seemed bent on creating anarchy by arresting the movement’s leadership. He said the government was nervous and resorting to crackdown to suppress the “historic movement”.
Mr. Yadav said farmers groups were committed to their call for “Dilli Chalo” and made an appeal to all citizens, citizen groups and political and democratic outfits to raise their voice against the crackdown.
More than 500 farmers groups across the country have given the call to march to Delhi on November 26 and 27 to hold a protest against the farm laws at Jantar Mantar. Mr. Yadav said that farmers from five States – Haryana, Punjab, Rajasthan, Uttar Pradesh and Uttarakhand – were scheduled to gather at five points on November 26 morning and march towards Delhi. “Four of these assembly points are in Haryana at Sampla, Panchgaon, Sector 12 Faridabad and Kundli border,” said Mr. Yadav. He added that delegations from 15 more States were expected to join the protest.
Later, angry protesters assembled at Rohtak’s Mansarovar park and took out a protest march to mini secretariat in protest against the arrests of the farmer leaders. Kisan Sabha vice president Inderjit Singh criticised the BJP-JJP alliance government.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 28, 2020
- Country
- India
- Initial Date
- Nov 27, 2020
- Event Description
Police fired tear gas and used water cannons Friday as thousands of farmers from northern India marched to protest new laws that the government says will revolutionize the farm sector but which farmers fear will expose them to exploitation by big corporations.
Scuffles erupted on the outskirts of New Delhi as angry farmers pressed against heavily guarded concrete barricades set up along the city's border to stop the marchers. Waving flags and shouting slogans, some tried to remove the barriers.
Many farmers have traveled on their tractors and motorcycles from the northern farming state of Punjab, vowing to camp in the Indian capital until the government amends the recent laws.
It was the second day that farmers clashed with police. On Thursday security personnel used water cannons on farmers as they traveled through neighboring Haryana state to reach Delhi.
Hours after the farmers demanded to know why they were not being allowed to protest, police announced that they would be allowed to enter the city.
Criticizing the use of what he called "brute force," Punjab Chief Minister Amarinder Singh said the government should initiate "immediate talks to address farmers' concerns on the farm laws and resolve the simmering issue."
The contentious legislation, passed in September, aims to reform decades-old laws under which farmers mostly sell their produce through state-run wholesale markets at prices set by the government and paves the way for them to sell their produce to private companies.
Prime Minister Narendra Modi has described the new laws as "historic" and said they will increase farmers' incomes, boost productivity and liberate farmers from dependence on middlemen. Supporters of the legislation say it could draw in private investment and help modernize Indian agriculture.
However, Indian farmers, who have long been protected from the free market, fear that the removal of government controls will leave them with little bargaining power with large corporations and force them to sell their produce at cheaper prices. While they have been demanding better prices for their crops, they worry that the new laws will further depress rural incomes.
Nearly half of India's population depends on agriculture, but it accounts for just 17% of India's gross domestic product. Most of the farmers own small plots of land, have tiny incomes and are often in debt.
Food and farm policy analyst, Devinder Sharma said the scale of the protests shows that farmers are "not in tune" with the government's plans.
"At no stage were the farmers of India consulted about it," Sharma said.
"The result," he said, "is that it is industry and markets who are excited about it, while the farmers are convinced it will be detrimental to them."
The farmers say they will continue their protest until the government rolls back the reforms. Many have come prepared for a long haul with their vehicles stacked with provisions and even cooking gas cylinders.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 28, 2020
- Country
- India
- Initial Date
- Sep 14, 2020
- Event Description
Social activist Lakhan Musafir, 59, has been externed for six months from five districts of Narmada, Bharuch, Vadodara, Chhota Udepur and Tapi, ahead of Prime Minister Narendra Modi’s visit to Kevadia in Narmada district on October 31 to inaugurate the seaplane service connecting Statue of Unity to Sabarmati Riverfront in Ahmedabad, as well as the jetty service downstream the Narmada River.
Sub Divisional Magistrate (SDM) of Rajpipla issued the order banishing Musafir, who was served a notice for proceedings of externment in March this year, under section 56(A), Gujarat Police Act 1951. He has been accused of “inciting locals against government, trading in liquor and being part of anti-social groups”.
The order by Rajpipla SDM, KD Bhagat, has relied on two FIRs registered against him in 2019 for rioting, unlawful assembly, causing hurt to public servants and criminal intimidation and also accused Musafir of being involved in illicit liquor trade although no complaint has been registered against him under the Prohibition Act so far.
The order, dated September 14, states, “In view of the application submitted by the Superintendent of Police of Narmada District, the accussed Lakhan Musafir is a dubious person. I know that he does not have any honest means of livelihood and along with his accomplices, is continuously inciting local villagers in Kevadia around the Statue of Unity as well as the Narmada dam. Along with many anti-social elements, Musafir is known to organise public gatherings to mislead the people into anti government activities.”
The SDM further said that Musafir is known for “anti-government slogans” and interrupting government works to breach law and order. It states, “…In several incidents in the past he and his accomplices, have indulged in fights with government officials as well as officers of the Sardar Sarovar Narmada Nigam limited (SSNNL) and broken the peace and law in the area.”
The order further accuses Musafir or “targetting” the SoU, which has earned Kevadia much repute and says that no villager is willing to stand witness against Musafir due to the “fear” he has instilled among people.
It says, “Time and again, he has targeted the Statue of Unity located inKevadia by gathering his group of anti-social elements as well as people from the villages close by to indulge in anti-government activity…”
The two FIRs against Musafir in Kevadia police station date back to January and October 2019. In January 2019, Musafir was accused of leading a mob that resorted to rioting at the ground breaking ceremony of the Haryana Bhavan near SOU at the hands of Haryana Chief Minister ManoharLal Khattar. The matter is pending in court.
The second case registered against Musafir is of October 31, 2019 — the day when Prime Minister Narendra Modi visited Kevadia to inaugurate peripheral tourist spots around SoU. Musafir, who has now taken shelter in Mandvi taluka of Surat district, told The Indian Express,
“They booked me in the two cases by design because they were planning to outlaw me since over seven years, ever since I joined villagers protesting against the Garudeshwar Weir and then the Statue of Unity. They had no cases to outlaw me. I am a simple man who has been involved in agriculture and to make villagers self-sufficient.”
The SDM’s order adds that a “private inquiry” conducted by him revealed that Musafir was known to assault people “as well as have them assaulted by his group of anti-social elements”. Although the initial hearing on the notice of externment was scheduled for March 24 this year, it was shifted to July due to Covid-19 lockdown.
In his reply to the notice of July 13, Musafir called himself a “Gandhian” and denied allegations of inciting villagers or being involved in bootlegging. He said, “The charges levelled against me are false… I am involved in activities related to Gandhian principles… Taking people’s genuine complaints to the government can never be called a crime.”
Musafir has also cited recommendations about him from from former Gujarat Chief Ministers Sureshchandra Mehta and Amarsinh Chaudhary as well as five other friends. However, the SDM said that two cases registered against Musafir is evidence enough.
Musafir said, “The Kevadia police accompanied me to Mandvi, after confirming from me where I would be staying for six months. I have to report to the Mandvi police station every 15 days.”
“The Statue of Unity Area Development and Tourism Governance Act, 2019 has been executed. PM Modi will inaugurate the seaplane service next month. They do not want anyone around who support local protests. The fact is that the protests are being organised by the locals because they are aware of their rights… The government failed to address the issues of the local people related to land acquisition and submergence of villages due to the Garudeshwar Weir. People are agitated. There are many other projects planned in the area that will take away the essential tribal identity of the people along with their lands,” he says.
Musafir, originally from Bhavnagar, says he moved to Mathavadi village in Kevadia. “I moved to this place in 1986 when villagers were agitating against land acquisition for the Narmada Dam. I did not directly join the agitation but I have been a sympathiser of anyone who loses their land, in any part of the state. My interest lies in farming and I taught many villagers techniques for organic farming, selflessly. The aim was to make them self reliant. Over the years, I have imbibed the tribal way of life myself,” says Musafir, adding that he is not affiliated to any political party.
Kevadia had seen clashes between villagers and officials of SSNNL and police in May and June this year when the SSNNL took possession of and fenced lands acquired in 1961 after the Gujarat High Court dismissed a petition filed by six affected villages around the Statue of Unity.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment, Restrictions on Movement
- Rights Concerned
- Freedom of movement, Offline, Right to liberty and security
- HRD
- Minority rights defender
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Nov 25, 2020
- Country
- India
- Initial Date
- Nov 15, 2020
- Event Description
The image of a local journalist being tied to an electric pole while a group of men assault him in a broad daylight has gone viral in Assam. Milan Mahanta, a correspondent for the Assamese daily Pratidin, had stopped at a paan shop on Sunday afternoon at Mirza, a town located in Kamrup district, when the assault took place.
Mirza is around 35 kilometres from state capital, Guwahati. Incidentally, the attack took place on the day the nation marked National Press Day. The incident has sparked uproar on social media, with many expressing concern for journalists working in Assam under the present political dispensation.
Mahanta was on his way to attend a meeting when a group of seven men surrounded him and dragged him from the paan shop before tying him to an electric pole with cables at Mirza Teeniali, a well-known spot located in the centre of Mirza town.
For the past week, Mahanta has been reporting on illegal gambling activities, which have been mushrooming with the onset of Diwali festivities. He angered an alleged local ruffian who, as accused by locals in Mirza, has also indulged in land grabbing activities.
Mahanta has since filed an FIR at the Palash Bari police station. A case has been registered against the perpetrators. Local Mirza residents have protested, condemning the incident, and have also questioned as to why the police have not been able to nab the culprits.
The Wire reached out to Mahanta on Monday. The reporter could barely speak due to injuries sustained on his head, neck, and ears. He also said that he could not hear properly as many of the blows had landed on his ears.
“I had stopped by the paan shop. Seconds later, the goons roughed me up, and while beating me, they tied me to an electrical pole. They had plans to abduct and kill me. There was a vehicle parked nearby to put me inside. They brought cables and cloth. While I was being beaten, they warned me that no one would come and help me, not even the police.
They were boasting that they are not scared of police and do not care about journalists. They were brazening and outwardly stated that they had been observing me and what I have been reporting. The fact that it happened in broad daylight has shaken me and the police is yet to catch them despite their faces being clear on the viral photos. If it were not for locals, they would have managed to slip me away. I would have been dead,” he said.
He continued, “I have struggled my entire life. I have been reporting for the past 14 years. What is my crime? That I was reporting against illegal activities and the nexus between those involved in land grabbing and illegal gambling? I am sick now and my body hurts. My friend and neighbours are giving me protection. Even after 24 hours, they are roaming free.”
Chief minister Sarbananda Sonowal, while attending an event marking National Press Day, told the media that he had instructed the police to take immediate action against the culprits.
The same was echoed by Parthasarathi Mahanta, the superintendent of police (SP), Kamrup district. “The culprits will be punished as per law,” he told the media.
On Monday, protests took place both in Mirza and Guwahati, with journalists and civil society members questioning the safety of journalists under the current regime. Local press bodies have also issued statements condemning the incident.
Sanjoy Ray, the general secretary of Guwahati Press Club told The Wire, “The incident of attack on journalist Milan Mahanta by some anti-social elements and that too in broad daylight is highly condemnable. We have taken up the matter with the senior police officials demanding that culprits be arrested at the earliest. Security of journalists has become a major area of concern and the government, particularly the law enforcers, must get their acts together to prevent such attacks.”
With journalists being targeted for questioning the state machinery from different parts of India, the latest incident in Assam has prompted politicians to question the ruling BJP and the emerging pattern of jailing and attacks on scribes in the state.
Debabrata Saikia, the leader of the opposition in the Assam legislative assembly, told The Wire, “Ever since the BJP has gained political power, there have been attacks on journalists and the media. Whether it is Gauri Lankesh or Milan Mahanta the pattern is the same. We are questioning BJP leaders both at the Centre and at the state as to what is leading to such incidents, and why they are not preventing? We demand strict action against the perpetrators.”
Param Prakash Gogoi, a senior journalist for Pratidin, speaking to The Wire said, “The brazenness of the act in front of the public is shocking. But what remains to be seen whether the culprits will be caught. It is unbelievable that such an incident can occur.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Nov 19, 2020
- Country
- India
- Initial Date
- Sep 11, 2020
- Event Description
Civil society organisations have demanded a judicial enquiry into an incident of assault and police firing on Adivasi demonstrators in Bihar’s Kaimur district. Releasing a fact-finding report on Friday, members of the organisations said that the demonstrators “were not just fired upon and injured in the firing and lathi-charged but were also picked up by the police on trumped-up charges”.
According to the report, on September 11, when a delegation of Adivasi protesters tried to reach out to the forest department officials at Adhaura block of Kaimur to initiate a dialogue, they were abused and manhandled by officials.
“Later on, and quite suddenly, more police poured in, along with CRPF personnel, and unleashed a brutal assault on the Adivasi demonstrators. The police opened fire and lathi-charged the protesters,” the report notes.
“During this period, an Adivasi person Prabhu from Chaphana village was shot by a police bullet, the bullet went through his ear and took a chunk of his ear’s muscle tissue. Police lathi-charged Adivasi women, men, youths and children viciously and many were injured which went unreported. Police brutality continued in the aftermaths of this incident as well,” the report further adds.
They claimed that since September 10, thousands of Adivasis, including women, men, youths and children, from 108 villages of Adhaura Block were protesting under the banner of Kaimur Mukti Morcha in front of the forest department office at Adhaura demanding the implementation of the Forest Rights Act 2006 and rollback the proposal of Kaimur Forest Wildlife Sanctuary and Tiger Reserve.
It was also alleged that on September 12, Kaimur Mukti Morcha’s office in Adhaura was ransacked by police. As per the team, seven activists affiliated with Kaimur Mukti Morcha were arrested on false charges by the police. The arrested activists were first kept in police custody and later presented in front of the judicial magistrate of Kaimur district. They were charged under different sections of the Indian Penal Code (IPC), including the Arms Act.
On October 16, all the seven activists were released on bail. Moreover, two days later, in response to the ‘boycott election call’ given by the Kaimur Mukti Morcha (KMM), political heavyweights, including the central minister of state for home, Nityanand Rai, met the protesters in Kaimoor, requesting to call off the boycott call.
Violation of forest rights
The report has been prepared by a four-member team, consisting of Amir Sherwani Khan and Matadayal of All India Union of Forest Working People (AIUFWP), and Raja Rabbi Hussain of Delhi Solidarity Group (DSG) and Aman Khan, an advocate practicing at the Supreme Court. They visited Adhaura between September 23 and 27. The report has been co-published by AIUFWP, DSG and Citizens for Justice and Peace (CJP).
Speaking to The Wire, Amir Sherwani Khan, a member of the team said, “The forest department constantly violates FRA 2006 by controlling people’s rights over minor forest produce, which is very important for their livelihood.” Khan further said that Adivasi land is being taken without proper consent from Vansamiti and Gram sabhas.”
“We have demanded a judicial enquiry, because villagers want enquiry and action against the police and forest department, implementation of FRA 2006,” Khan told The Wire. According to him, villagers are panicked and terrified because 29 villagers have been charged in a fake and concocted case with serious charges of IPC, such as 307 (Attempt to murder) and the Arms act.
Other demands of the team included a proper and speedy implementation of the Forest Rights Act, 2006, scrapping colonial Indian Forest Right Act 1927, quashing the FIR against all the accused people charged under false cases and compensation to the persons who are charged on false cases and were injured by police firing and lathi-charged. They have also demanded to declare Kaimur a Scheduled area under Panchayat (Extension Scheduled Areas) Act, 1996.
Earlier, on September 30, AIUFWP and CJP had registered a complaint with the National Human Rights Commission (NHRC) demanding an FIR against the officials for unleashing violence and hampering the implementation of the Forest Rights Act under Section 3 (i) (g) of the SC/ST Act.
“As organisations committed to reclaiming the rights over the land of the Adivasi and Forest Dwelling communities and a civil rights group committed to the rule of law and equality before the law as enshrined in the Indian Constitution, we urge this Hon’ble Commission to, in exercise of its powers and functions: “(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf [or on a direction or order of any court], into complaint of (i) violation of human rights or abetment thereof; or (ii) negligence in the prevention of such violation, by a public servant,” reads the complaint signed by Roma Malik of AIUFWP and Teesta Setalvad of CJP.
Speaking at the launch of the fact-finding report, Communist Party of India (Marxist) leader Brinda Karat condemned the police action and the consistent harassment of Adivasi groups by forest officials. Karat praised the community for their consistent stands, and supported the demand for a judicial inquiry into the police firing. She also demanded the quashing of the “false cases” and FIRs lodged against 29 protestors.
- Impact of Event
- 8
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 19, 2020
- Country
- India
- Initial Date
- Nov 7, 2020
- Event Description
A senior journalist working with a local daily in Uttar Pradesh’s Lalitpur region was beaten up publicly and threatened allegedly by a local Bharatiya Janata Party (BJP) leader and his sons while returning from work. Police have lodged a complaint against five people including the BJP leader.
Journalist Vinay Tiwari, a resident of Dhaurra village that falls under Jakhlaun police station, said he had gone on Saturday to carry out a fact check on irregularities in implementation of the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA). He alleged he was waylaid by over half a dozen armed men along with the family members of the village head, whose husband is also associated with BJP, while returning home on a motorcycle.
"I was informed by my sources that simple work, like ‘trench work’ is also being done with the help of JCB machine for construction of a link road at Dhaurra village instead of hiring manual labour under MGNREGA in my own panchayat by the Gram Pradhan (village head). I rushed to the spot as soon as I got the information,” Tiwari told NewsClick.
“When the village head got information about my investigation of the coverage, she sent some miscreants along with her sons who stopped me midway and attacked me with sticks and batons and left me half dead. They even snatched my phone, camera and deleted photos and videos. They took away Rs 9,500 cash from my pocket," alleged Tiwari, who has now been referred to Jhansi Medical College from Lalitpur District Hospital for treatment as he was in critical condition.
Tiwari, who is associated with a local news website called Bundelkhand Times, reports on incidents in rural areas. He further alleged that the MGNREGA guidelines are meant to protect the workers but they are being misused at a massive scale in most of the places. "I knew that they were angry with my news. But I did not expect them to attack me because they are my neighbours. Now it is very clear that I was attacked because my story exposed their (BJP workers) plan of rigging,” Tiwari alleged, adding that “no action will be taken against them since the attackers belong to the ruling party.” The journalist also alleged inadequate action taken by the local police post in-charge.
Meanwhile, on the complaint of one Tiwari, [A1] the police have registered a case under Section 307 (attempt to murder), 323 (assault), 504 (abusive death) and 506 (threatening to kill) of the Indian Penal Code (IPC) against village head Babita Mishra, her son Vivek Mishra, Aryan alias Abhishek Mishra, Bharat Mishra and the BJP leader Rameshwar Mishra who also happens to be the husband of Babita.
Superintendent of Police (SP) Lalitpur, Mirza Manzar Baig said that one accused Abhishek Mishra has been arrested so far and the investigation is going on.
Hearing about the incident, journalists from various news organisations staged a demonstration outside the district commissioner’s office in Lalitpur on Sunday against the incident. They also sought action against the accused and the BJP leader's son who was involved in beating Vinay. MEDIA OUTFITS CONDEMN ATTACK
Observing that attacks on journalists in Uttar Pradesh under Yogi Adityanath-led government has been increasing in recent times, the Uttar Pradesh State Accreditation Correspondent Committee demanded that the government bring to book all the culprits in the attack on Tiwari as well as in other assaults on scribes in the state.
"We observe that attacks on journalists in Uttar Pradesh have been increasing in recent times. At the same time, no concrete action has been taken by the state government in many of the cases," the press association told NewsClick.
Hemant Tiwari, president of Uttar Pradesh State Accreditation Correspondent Committee said it was very unfortunate that atrocities against scribes in the state were rising since the past three years.
"Attack on journalists in Uttar Pradesh has increased in the last three years, be it by goons, fringe elements or the government machinery. It seems that the government is letting it happen to hide its failure. Otherwise, they intervened long back when a journalist in Mirzapur was booked for exposing scam in mid-day meal,” Tiwari said.
Recounting a similar incident of another journalist in Jaunpur who was attacked by local goons but did not get media attention, Tiwari alleged, “It has become a daily routine affair in Uttar Pradesh. Last week, a journalist named Kaushlendra Upadhyay, who report for several mainstream media outlets, was beaten up by local goons. Ironically, he had informed the district authority before, but no action was taken.”
Tiwari pointed out that even though UP Chief Minister Yogi Adityanath condemned the arrest of Republic TV Editor Arnab Goswami by the Mumbai police, he keeps mum on the situation in his own state. “Yogi Adityanath recently said that the arrest of Arnab Goswami is an assault on freedom of expression by the Congress party and its allies, but he never utters a single word on attacks on journalists in UP,” he said.
Another senior journalist Sharat Pradhan criticised Adityanath over his silence on attacks on journalists in the state. "Over two dozen journalists in UP have been arrested in false cases, but the CM can’t see this; rather, he is more concerned about Arnab Goswami who is not even a journalist. This government is acting like a dictatorship and wants journalists who tout its line," Pradhan said.
The latest incident occurred months after journalist Shubham Mani Tripathi was killed by unidentified persons in broad daylight while he was on his way home with his friend on a motorcycle, about 20 kms from Kanpur. NewsClick had reported that the young journalist was allegedly killed for exposing the sand mafia and land grab incidents.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to information
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Nov 15, 2020
- Country
- India
- Initial Date
- Nov 5, 2020
- Event Description
Targetting the anti-CAA and anti-NRC activists, the UP police on Thursday arrested the family members of activist Zainab Siddiqui.
Among those, who were picked up along with Zainab included his brother and father.
However, Station House Office (SHO) of Hasanganj Police Station, when contacted, told India Tomorrow that it was Special Task Force (STF) personnel who had detained Zainab and her family members.
He said that while the STF, later on, released Zainab and her brother but handed over her father to anti-terrorist squad (ATS) for interrogation.
The official, however, did not say for what crime Zainab’s father was arrested and was being questioned by ATS.
“Even I don’t know on what charges Zainab’s has been arrested”, said the police official and abruptly disconnected the phone.
However, NGO Rihai Manch general secretary Rajiv Yadav told India Tomorrow that police on Thursday all of a sudden barged into the house of Zainab and asked her father if Zainab was associated with anti0-CAA and NRC agitations.
The cops, according to Rajiv, went back after they were told that Zainab worked with a women’s organization.
“However, they returned within an hour and started assaulting the family members with baton. Cops used abusive language for Zainab’s younger sisters, chased them on the road and assaulted them with lathis. About 10 to 15 policemen caught Zainab’s father, sister and mother and took them to Hasanganj Police Station”, alleged Rajiv.
Condemning the police atrocity, Rajiv demanded immediate release of Zainab’s family members and proper security for her family.
“Taking anybody to police station without any reason is illegal. The purpose of the harassment is to silence the voice of dissent. Yogi police is trying to silence the voice of dissent by ignoring Constitution and democracy”, Rajiv alleged.
- Impact of Event
- 5
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Judicial Harassment, Raid, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 11, 2020
- Country
- India
- Initial Date
- Nov 8, 2020
- Event Description
A reporter of Tamilan TV was hacked to death by a few known persons near his house in the city’s outskirts, reportedly over his questioning of the illegal sale of government poramboke land.
The victim G. Moses, 26, was residing at Nallur village near Somangalam in Kundrathur and he was covering the Sriperumbudur and Kundrathur areas for Tamilan TV. His father, Gnanaraj Yesudasan is a reporter with Malai Tamizhagam, a daily. At 10.30 p.m on Sunday, somebody called him out, and Moses stepped out of his home. His father was under the impression that he was going to meet some friends.
Police said Moses was made to walk up to the lakebed, a few yards away from the house. The suspects then attacked him using knives. Moses ran from there towards his house, but the suspects again attacked him again and fled the spot by the time, his father and neighbour came out, on hearing his cries.
Moses was taken to Government Chromepet Hospital, where the doctors declared him ‘brought dead’.
Kancheepuram district Superintended of Police D. Shanmugapriya and other police officers visited the spot and held enquiries. Police sources said a few antisocial elements had encroached upon poramboke land on the lake and attempted to sell the land fraudulently. The residents in the area reportedly demolished the structure on the layout besides reporting the incident to the police and had caused police action to be taken upon the illegal encroachers. The encroachers believed the the father and son were those leading the local residents.
Police arrested the suspects, Attai alias Venkatesan, 18, Navamani, 26, Vignesh, 19, and Manoj, 19, and further investigations are on.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Nov 11, 2020
- Country
- India
- Initial Date
- Aug 2, 2020
- Event Description
The Human Rights Defenders’ Alert (HRDA) on October 29, 2020 urged the National Human Rights Commission (NHRC) to ensure the physical safety of journalist S. K. Lenin his family from corrupt panchayat leaders in Nagaram village of Tamil Nadu.
The organisation requested the Director General of Police (DGP) to initiate an inquiry into the physical and verbal assault on Lenin by Panchayat leader Gopi Krishnan on August 2 whom the journalist had named in his report on corruption in the Mahatma Gandhi National Rural Employment Guarantee Act 2005 (MNREGA) run by the Union Ministry of Rural Development.
Similarly, they also demanded an inquiry against District Collector Uma Maheshwari for ignoring corrupt activities practiced by local authorities under the MNREGA and for ignoring Lenin’s complaints about the same.
The undeterred journalist approached the local Vadakadu police station instead who arrested Krishnan. However, when nothing was done about the rest of the panchayat members, Lenin chose to go into hiding fearing the political power of those involved.
“Whatever scam they will do, we will share with you, you jobless reporter. You are a human rights activist; you are not a big shot. Even if you give a complaint to the district collector you can do nothing to me nor shake me,” Krishnan had said outside a local shop, while leaving blood marks around Lenin’s neck.
The HRDA condemned the incident as a criminal act that barred journalists and similar Human Rights Defenders from exercising their right to dissent against a public official enshrined within Article 19(a), Freedom of Speech and Expression, of the Indian Constitution.
“If journalists are physically assaulted when they criticise politicians and public officials, seldom journalists will dare to take a stand and the fourth pillar of the democracy will be crushed further,” they said.
On August 1, Lenin collected information about corruption in the MNREGA – a government scheme that aims to help underprivileged people find a job, especially during COVID-19. He said that these jobs are vulnerable to corrupt practices by some panchayat members who show fake accounts to manage salary transfers to people who have not done any work.
Lenin also mentioned that corruption within the MNERGA scheme has been happening at Nagaram village for some time as per panchayat leaders Mr. Ramaiah and Muthuraj Durai.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death threat, Intimidation and Threats, Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Oct 31, 2020
- Country
- India
- Initial Date
- Sep 20, 2020
- Event Description
The members of Makkal Pathai, a not-for-profit organisation based out of Chennai, have been on a hunger protest against National Eligibility cum Entrance Examination (NEET) in their offices in Chennai over the past week. On Sunday, the seventh-day of protest in Chennai, the members were forcefully dragged away by the police. Members also allege that the police misbehaved with them. Koyambedu police have lodged about 30 members at a kalyana mandapam while six who were on the hunger-protest have been admitted to Kilpauk Medical College (KMC). No case has been registered.
Visuals shared on Makkal Pathai’s Facebook page shows police forcefully entering into the office premises following which members are dragged out. They can be heard condemning police brutality.
Sharing voice notes from KMC where about six of them are currently kep, member Chandra Mohan (41) says, “We have been continuing our hunger protest for six days. They have hit us and admitted here at KMC. Women’s clothes were lifted, they were shamed, we were shamed and we have been brought here. We condemn this brutality.”
In an audio note, Chandra Mohan says the members have rejected IV fluids and are still fasting in the hospital. "We gave our word to the people. We will continue our fasting until they tell us." He further alleges that the police have ransacked their office in Chennai taking away phones and computers.
Speaking to TNM, Koyambedu police station Inspector K Madeswaran says no complaint has been filed on the members but their protest had to be stopped since it was a health risk. “We have been asking them every day to stop their hunger protest. Moreover, groups of people gather there on a regular basis. Press is invited and this crowding of people is a risk especially due to the pandemic,” he tells TNM.
“We have not registered any case against them yet because they are giving us their details. They are requesting for the Chief Minister to come down in person to listen to their demands and scrap NEET,” he adds.
When asked about allegations of women being harassed the officer says, “We only tried to end their fasting. Even though they have not eaten in six-days, they put up a good resistance.”
Vignesh, the coordinator from Coimbatore says, “We are holding a one-day fasting protest here in Coimbatore office. Police have arrested our members who were holding hunger-protest for six continuous days in Chennai. We condemn this.”
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of association, Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, NGO, NGO staff, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 31, 2020
- Country
- India
- Initial Date
- Oct 28, 2020
- Event Description
The National Investigation Agency (NIA) launched a major crackdown on terror funding in Jammu and Kashmir and conducted raids on NGOs and journalists across 10 locations in Kashmir and one in Bengaluru on Wednesday morning.
NIA sources have said terror operations were being funded by sourcing funds from foreign countries in the name of business, religious works and other social works by these organisations in Jammu and Kashmir.
The probe agency raided NGO Athrowt at Nawakadal, the Greater Kashmir office at Press Colony and the residence of activist Khurram Parvaiz, among other places.
Sources told India Today TV that the money came through hawala channels from different parts of the country and abroad and was being used to fund terror activities in Kashmir through NGOs.
"These NGOs were not registered. That means they did not have the FCRA license, yet they were getting funds from Pakistan and Europe, and even countries like Fiji and East Timor," the sources said.
The NIA sources said that the probe agency is looking at two aspects - terror funding and secessionist activities.
In a statement, NIA said, "This case was registered by NIA on 8/10/2020 u/s 120B, 124 A IPC and sections 17, 18, 22A, 22C, 38, 39 and 40 UA(P)A, 1967 on receipt of credible information that certain NGOs and Trusts are collecting funds domestically and abroad through so-called donations and business contributions, etc and are then utilizing these funds for secessionist and terrorist activities in J&K."
"Those whose premises have been searched include residence and office of Khurram Parvez (co-ordinator of J&K Coalition of Civil Society), his associates viz. Parvez Ahmad Bukhari, Parvez Ahmad Matta and Bengaluru-based associate viz. Swati Sheshadri; Ms. Parveena Ahanger, Chairperson of Association of Parents of Disappeared Persons ( APDPK) and offices of NGO Athrout and GK Trust," said the NIA.
The probe agency said that the raids were conducted after specific inputs and more NGOs are also under scanner. The documents and phones seized will be sent to the forensic lab, the sources said.
The NIA sources told India Today TV that the case was registered last week, but was not mentioned on the NIA website to maintain confidentiality. The NIA raids were led by the IG and DIG, who flew Srinagar specially for the raids.
Slamming the move, former J&K chief minister and PDP leader Mehbooba Mufti has said, "NIA raids on human rights activist Khurram Parvez & Greater Kashmir office in Srinagar is yet another example of GOIs vicious crackdown on freedom of expression & dissent. Sadly, NIA has become BJPs pet agency to intimidate & browbeat those who refuse to fall in line."
- Impact of Event
- 6
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- Enactment of repressive legislation and policies, Intimidation and Threats, Judicial Harassment, Raid, Vilification
- Rights Concerned
- Freedom of association, Offline, Online, Right to fair trial, Right to healthy and safe environment
- HRD
- NGO, NGO staff, WHRD
- Perpetrator-State
- Armed forces/ Military, Government
- Source
- Monitoring Status
- Active
- Date added
- Oct 31, 2020
- Country
- India
- Initial Date
- Oct 20, 2020
- Event Description
A group of slogan-raising men had assembled outside the residence of lawyer Deepika Singh Rajawat in Jammu late on Tuesday night, a day after a cartoon she posted on micro-blogging site Twitter stirred controversy.
Rajawat, who received limelight for representing the victim’s family in Kathua rape and murder case in 2018, told NewsClick that a mob gathered outside her accommodation, raised slogans and gave her death threat by chanting “Deepika teri kabar khudegi, Jammu Kashmir ki dharti pe (Deepika your grave will be dug in the land of Jammu and Kashmir).”
Narrating the sequence of events, Rajawat said that it was 12.30 am in the night when she heard few men shouting her name. “I was scared to death. I alerted my PSOs and phoned IG Jammu who responded immediately and sent police who later cleared the mob,” she said.
The cartoon posted by Rajawat, with a caption “Irony,” juxtaposed two paradoxical scenes: in one scene, a man touching feet of a female Hindu deity during the nine-day Hindu festival of Navratri; in the other scene, with the header “Other Days,” the same man is aggressively holding both legs of a woman, depicting sexual violence.
The cartoon was accused of hurting Hindu religious sentiments resulting in a section of social media users demanding Rajawat’s arrest. Since then, as per Rajawat, she and her family have been receiving calls threatening her to remove the cartoon and tender an apology.
“Don’t rapes happen? If they can prove that rapes don’t happen in India then I will tender a public apology. I have also not removed the cartoon as it was not meant to hurt religious sentiments but to highlight the hypocrisy of the society towards women,” Rajawat said.
Rajawat personally identified the mob as related to right-wing Hindu groups and said that it was an attempt to silence her. “At that time, I felt like Gauri Lankesh. Her image kept crossing my mind. I was shivering,” the lawyer said. Gauri Lankesh, a journalist known to be critical of the right-wing and accused of “outraging the sentiments of Hindus”, was shot dead by bike-borne assailant outsider her residence on September 5, 2017.
Much solidarity with Rajawat has also poured in from several sections including Bollywood actors, directors, lawyers, and opposition leaders who are tweeting using the hashtag #IStandWithDeepikaRajawat.
In 2018, Rajaswat faced a similar backlash when she took up the case of a minor Bakarwal girl who was raped and murdered in Kathua. She was then accused of being “anti-Hindu.” Later, the victim’s family had removed her from the case by accusing her of “not attending the court proceedings.”
Rajawat believes that she has been targeted for being vocal against policies of the present government. “They wanted to threaten to silence me as I am vocal against the Modi government and its policies.”
In Jammu, which has a prominent presence of right wing politics, it has become risky to voice dissent, especially after the abrogation of Article 370 last year. Last month, a young man popular as the Mask Man was taken away by the police and was released after being questioned for hours after he silently held a placard questioning the government and its promises.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Death threat, Intimidation and Threats
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Lawyer, WHRD
- Perpetrator-Non-State
- Extremist group
- Source
- Monitoring Status
- Pending
- Date added
- Oct 22, 2020
- Country
- India
- Initial Date
- Oct 16, 2020
- Event Description
A journalist working with The Caravan magazine was on Friday allegedly assaulted by a senior police officer in North Delhi and detained for nearly four hours while he was reporting on protests against the rape and murder of a 14-year-old girl in the area.
“Today [Friday] afternoon, the Delhi Police assaulted The Caravan India’s staffer Ahan Penkar while he was reporting,” the magazine tweeted. “ACP [Assistant Commissioner of Police] Ajay Kumar kicked and slapped Penkar inside the Model Town station premises. Penkar repeatedly told the police that he was a journalist and prominently displayed his press ID.”
However, the deputy commissioner of police, North West Delhi, on Saturday said that Penkar was seen protesting and was detained, after which he had said he was a journalist. The police have sent him a notice on the matter.
Penkar was reporting on a protest concerning the alleged rape and murder of a teenager in North Delhi, the magazine added. “Students and activists had gathered outside the Model Town police station to demand the registration of an FIR in the case,” it said. Caravan also shared a photo of the injuries on Penkar’s back.
Penkar later submitted a complaint to Delhi Commissioner of Police SN Srivastava. The journalist said that he saw a group of people gathered around the police station, demanding that the police file an FIR in the rape case.
Penkar said he was speaking to the 14-year-old girl’s aunt when the police began taking the protestors inside the station. He held up his press card and kept repeating that he was reporting the news, but the police took him inside too.
The journalist said that the police forcibly took his phone from him and deleted all the videos that he had recorded while reporting. “The police was abusing us the whole time and threatening us,” Penkar said in his complaint. “After a little time, the ACP Ajay Kumar came into the room holding a steel rod and threatened to beat us with the rod.”
Penkar added that Kumar kicked him in the face, back and shoulders. He also said that the police officer stamped on his ankle and threatened to register a case against him and others. The journalist added that he also saw the police beat up a Muslim man and a Sikh boy. He demanded an FIR against the police officers who assaulted him.
In August, three journalists from magazine were attacked by a mob in North East Delhi’s Subhash Mohalla neighbourhood while they were reporting on a story.
Journalists Prabhjit Singh, Shahid Tantray and their colleague were covering communal tensions that broke out in the area on the night of August 5, following the foundation-laying ceremony of the Ram temple in Ayodhya. In his complaint to the police, Singh said that had he not intervened, Tantray would have been beaten to death by the mob since he was a Muslim.
At a meeting organised by the Press Club of India on August 13, the journalists said that the Delhi Police had been helpless and scared of the mob.
Several journalists’ organisations had expressed outrage over the attack on Singh, Tantray and their colleague and demanded a first information report against the accused. The Editors Guild of India called the attack on the journalists “reprehensible” and demanded that the police take quick action against the guilty.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 19, 2020
- Country
- India
- Initial Date
- Sep 1, 2020
- Event Description
A Dalit writer and activist, Durai Guna, has been arrested in Tamil Nadu’s Pudukottai district for putting up sarcastic ‘recruitment’ posters — critical of the district administration in a circuitous way — across his native town. The posters are a way to protest against alleged administrative apathy and inaction against encroachment of a waterbody in his village.
The posters appeared as an advertisement and mockingly ‘invited’ candidates for posts ranging from tehsildar to district collector, leaving Revenue officials fuming, according to a senior police officer.
The waterbody concerned — Vettukulam water tank, spread on 3 acres of land — is in Karambakudi village of the district.
The police officer said Guna was arrested late on Tuesday based on an FIR registered under non-bailable charges under IPC Sections 170 (pretending to hold any post as a public servant) and 501 (printing any matter known to be defamatory), among others.
The officer said, “The posters defamed the administration. We received the complaint from a village official, and were told to file a case and arrest him.”
Maintaining that Guna had “motives” to defame the administration when he had proper methods to raise a complaint, District Collector P Uma Maheshwari said, “Now I have decided to book all encroachers (of the waterbody concerned) under Goondas Act.”
The poster — titled “Job Openings, People Needed” — invited honest and efficient candidates for the posts of collector, district revenue officer, tehsildar and village administrative officer in order to revive a waterbody by removing encroachment as per Madras High Court’s order. According to it, qualifications required were “common sense, self-respect and maturity.”
Asked about the arrest on serious charges for what was seemingly a harmless protest criticising the administration, District Collector Maheshwari said, “There were many complaints against him. He was arrested twice for different offences. I am told by the police that there are four FIRs against him and he was let out on bail after arrests on both occasions.”
Stating that Guna never approached her with a petition on the issue, Maheshwari said: “He petitioned the tehsildar. Our officials inspected the land and decided to give two months’ time since they (villagers) had already sown crops for this year.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Artist, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 19, 2020
- Country
- India
- Initial Date
- Oct 5, 2020
- Event Description
The Uttar Pradesh Police has booked Malayalam journalist Siddique Kappan and three others for sedition as well as under the stringent UAPA, a day after they were stopped on their way to Hathras, home to a Dalit woman who died after being allegedly gang-raped. Siddique from Malappuram, Atiq-ur Rehman from Muzaffarnagar, Masood Ahmed from Bahraich and Alam from Rampur have been booked by the Mathura police. Siddique Kappan is a senior Delhi-based journalist, doing freelance work for several Malayalam media houses, including azhimukham.com.
The FIR (first information report) copy, accessed by TNM, alleges that the four men had gone to disrupt the peace in Hathras and there is a big conspiracy behind their visit. The Uttar Pradesh police had earlier said that they had arrested them for having links with the Popular Front of India (PFI) and its affiliate in Mathura. However, the PFI link has not been mentioned in the FIR at all.
The FIR shows that the four have been booked under 153A (promoting enmity between different groups), 295-A (deliberate and malicious acts, intended to outrage religious feelings) and 124A (sedition) of the Indian Penal Code, as well as section 17 (punishment for raising funds for terrorist act) and 14 (punishment for unlawful activities) of the Unlawful Activities (Prevention) Act, 1967.
All the four have also been booked under section 65 (tampering with computer source documents), 72 (punishment for sending offensive messages through communication service) and 76 (punishment for violation of privacy) of the Information Technology (Amendment) Act, 2008.
The FIR also mentions the website, justiceforhathrasvictim.carrd.co, which had information on how to protest safely and avoid the police. The police have stated that the website incites violence and threatens the law and order situation. “The main intention of this website has been found to be to encourage communal hatred, cause unrest in the society and to spark riots on a large scale,” the FIR states, adding that the four have been arrested over “larger conspiracy”. The four accused have been accused of running the website and that it has been created under the garb of 'collecting funds' to incite violence. However, the PFI link has not been mentioned in the FIR.
The Uttar Pradesh police had on Monday said that it seized the mobile phones, laptops and some literature, which “could have an impact on peace and law and order”, from the arrested people. During interrogation, it came to light that the four arrested people had links with the PFI and its associate organisation Campus Front of India, the UP police had claimed.
The Delhi unit of Kerala Union of Working Journalists (KUWJ) has written to Prime Minister Narendra Modi and Uttar Pradesh Chief Minister Yogi Adityanath seeking his release, saying he was going to Hathras only to perform his duty as a reporter. Terming Kappan's arrest as illegal and unconstitutional, the KUWJ also filed a habeas corpus petition in the Supreme Court on Tuesday seeking his immediate production before the court and release from the "illegal detention".
Kappan is also the KUWJ's secretary and was proceeding to Hathras only to do his duty as a reporter, KUWJ's Delhi unit president Miji Jose told the Chief Minister in her letter, urging him to order his release.
"We understand that he was taken into custody by Uttar Pradesh police from Hathras toll plaza. Our efforts and the efforts by some advocates based in Delhi to contact him were not successful," KUWJ said.
Hathras has been in the news following the death of a 19-year-old Dalit woman who was allegedly gang-raped on September 14 in a village in the district. And her cremation at night, allegedly without the parents' consent, has triggered widespread outrage.
- Impact of Event
- 4
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Restrictions on Movement, Vilification
- Rights Concerned
- Freedom of movement, Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 16, 2020
- Country
- India
- Initial Date
- Oct 8, 2020
- Event Description
An 83-year-old Jesuit priest has been arrested by the National Investigation Agency (NIA) in connection with the probe into the 2018 violence in Maharashtra's Koregaon-Bhima village.
Father Stan Swamy, an activist working with tribals, was picked up from his home in Jharkhand capital Ranchi by a team of NIA officials from Delhi. The officials reportedly spent around 20 minutes at his home before taking him away.
The arrest has sparked outrage. Author and historian Ramachandra Guha said Stan Swamy has spent a "lifetime fighting for the rights of adivasis."
"That is why the Modi regime seeks to suppress and silence them; because for this regime, the profits of mining companies take precedence over the lives and livelihoods of adivasis," Mr Guha tweeted.
Lawyer-activist Prashant Bhushan tweeted, "...Now arrested by the NIA under UAPA! The venality of this BJP govt & NIA knows no bounds (sic)."
The probe agency claimed that Stan Swamy is a member of the banned Communist Party of India-Maoist (CPI-Maoist) and was "actively involved in its activities".
"He also received funds through an associate for furtherance of the CPI (Maoist) activities," officials of the probe agency said.
The agency said documents and propaganda material of the CPI (Maoist) and literature were seized from Stan Swamy, adding that he was in contact with the other accused in the Koregaon-Bhima case.
"The NIA is after me. I'm being pressurised to go to Bombay... The NIA questioned me for 15 hours... I'm being called to the Mumbai office of the NIA. I refuse to go there. I am 83 and have health issues. I don't want to expose myself to the coronavirus. I have never been to Bhima Koregaon," Stan Swamy had said in a video on October 6.
"If NIA wants to question me, they can do so via video-conferencing," he said.
Several prominent activists, scholars and lawyers have been jailed for over two years while they await trial.
Stan Swamy, who has several health issues, is the oldest person to be in custody in the Koregaon-Bhima case. He has been questioned several times in the past in connection with the case. Originally from Kerala, Stan Swamy has been working for tribals in Jharkhand for over five decades.
The case relates to an event on December 31, 2017 in Pune which was followed by violence and arson in Maharashtra that left one person dead.
Investigators claim that the activists at the Elgar Parishad meet had made inflammatory speeches and provocative statements, which it said had triggered violence the next day.
Last month, the Supreme Court declined to entertain a plea for an interim bail on medical grounds by lawyer-activist Sudha Bharadwaj, who is among the accused in the case. Ms Bharadwaj, 58, has been in jail in Mumbai for over two years and is suffering from diabetes and comorbidities and wanted interim bail so that she could take a medical check-up, her lawyer had said.
The investigation also claimed to have uncovered a plot to assassinate Prime Minister Narendra Modi.
During the investigation, the NIA said, it was revealed that senior leaders of the CPI (Maoist), a banned organisation under the Unlawful Activities (Prevention) Act, were in contact with the organisers of the Elgar Parishad event as well as the accused arrested in the case to spread Maoist and Naxal ideology and encourage unlawful activities.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Vilification
- Rights Concerned
- Right to liberty and security
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 9, 2020
- Country
- India
- Initial Date
- Sep 2, 2020
- Event Description
On 7 and 8 September 2020, human rights defenders, Sagar Tatyarao Gorkhe, RameshMurlidhar Gaichor and, woman human rights defender Jyoti Jagtap of the Kabir Kala Manchwere arrested by the National Investigation Agency (NIA), in relation to the violence that broke-outat Bhima Koregoan on 1 January 2018. The three defenders are currently being held in NIAcustody in Mumbai.Kabir Kala Manch (KKM) is a Pune based cultural troupe formed by members of the youth in theBahujan community in the state of Maharashtra. Their performances speak out against the castesystem and the various atrocities committed against the community across the country. SagarTatyarao Gorkhe, Ramesh Murlidhar Gaichor and Jyoti Jagtap form part of a group of musiciansand poets in the cultural organisation. As part of the group, the three defenders performed at the‘Bhima Koregaon Shaurya Din Prerana Abhiyan’ on 31 December 2017,a celebration of the 200thanniversary of the Dalit victory over the Peshwas (upper caste rulers) in the Battle of Koregaon. On 7 September 2020, human rights defenders Sagar Tatyarao Gorkhe and Ramesh MurlidharGaichor were arrested at the NIA office in Mumbai. Almost two months previous, between 13 and15 July 2020, the defenders had been called in for interrogation by the NIA, under the pretence ofbeing witnesses to Maoist activity. On 2 September 2020, both defenders were issued a notice bythe NIA, asking them to appear again on 4 September 2020 for further questioning. During theinterrogation, both Sagar Tatyarao Gorkhe and Ramesh Murlidhar Gaichor were asked to implicatethose currently detained in the Bhima Koregaon case by making a false admission that thedetainees had been in touch with Maoists. Furthermore, the interrogation officials went on to statethat they would release the two defenders if they gave a such a statement under Section 164 of theCode of Criminal Procedure (CrPC), which has a provision for witnesses to avoid arrest. Bothdefenders were then asked to go to the NIA office on a daily basis until 7 September 2020, at whichpoint they were arrested. The following day, the defenders were brought before a NIA SpecialJudge who ordered them to be held in NIA custody until 11 September 2020. The custody hasbeen extended until 19 September 2020.On 8 September 2020, woman human rights defender Jyoti Jagtap was arrested by the Anti-Terrorism Squad in Pune, and then later brought to the NIA in Mumbai. The previous day, on 7September 2020, the defender had gone to the NIA office in Mumbai after receiving a notice topresent herself earlier that day. She was briefly questioned but no statement was taken by theauthorities. When she was arrested the next day, she was brought before the NIA Special Judge on9 September 2020, who remanded her to police custody until 11 September 2020. The custody hasbeen extended until 19 September 2020.The three defenders have been targetted since their participation in the ‘Bhima Koregaon ShauryaDin Prerana Abhiyan’ in December 2017. Sagar Tatyarao Gorkhe, Ramesh Murlidhar Gaichor andJyoti Jagtap were all named in the initial First Information Report of the Bhima Koregaon case. On17 April 2018, the homes of all three defenders were raided by the Pune police, who seized all oftheir electronic devices, including mobile phones, CDs and hard disks. The defenders were notpresented any warrants authorising the search and neither was an inventory of items provided bythe police.The arrest of Sagar Tatyarao Gorkhe, Ramesh Murlidhar Gaichor and Jyoti Jagtap, and thecontinued incarceration of twelve others accused in the Bhima Koregaon case are a direct reprisal for their peaceful human rights work. The arrests take place during COVID-19, despite the risk thatimprisoned human rights defenders face in this context. Front Line Defenders has previouslyexpressed concerns over the continued detention and health of the accused in the context of thepandemic, seeing most of them fall in the ‘at-risk’ category, and in particularhas askedthatimmediate medical attention be provided toVaravara Rao.Front Line Defenders condemns the arrest of Sagar Tatyarao Gorkhe, Ramesh Murlidhar Gaichorand Jyoti Jagtap and the continued incarceration of Varavara Rao, Sudha Bhardwaj, VernonGonsalves, Gautam Navlakha, Arun Ferreira, Sudhir Dhawale, Rona Wilson, Shoma Sen, AnandTeltumbde, Mahesh Raut, Surendra Gadling and, Hanu Babu as it believes they are directly relatedto their peaceful human rights work on behalf of the most marginalised communities in India.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Offline, Right to fair trial, Right to liberty and security
- HRD
- Artist, Community-based HRD, Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 7, 2020
- Country
- India
- Initial Date
- Sep 24, 2020
- Event Description
On television and in the courtroom, the young lawyer could be a force. Babar Qadri stood as a rare, pugilistic voice arguing on behalf of his native Kashmir, the rocky region long torn between India and Pakistan, on India’s combative and increasingly nationalistic talk shows.
Shouted at, he would shout back. More than once, an angry host kicked him off the air.
On Thursday, Mr. Qadri, 40, was shot to death in his home, making him one of the most high-profile casualties of the violence wracking Kashmir.
Family members said an assailant posing as a potential client shot him in the head and chest in the courtyard of his home in the old part of Srinagar, the capital of Kashmir. The identity of the assailant was not clear, the police said, according to local media. They declined to answer questions from The New York Times on Friday.
Kashmiris on Friday mourned Mr. Qadri as a rare public advocate for his home in a troubled time. One year ago, India tightened its hold on the Kashmir region, and local activists say speaking out has become increasingly dangerous.
“The lion was killed in his den,” said Majid Hyderi, a longtime friend of Mr. Qadri, citing a common nickname for him. “With his killing, we have lost a roaring voice for peace.”
Long volatile, the predominantly Muslim Kashmir region has suffered growing violence since the Indian government last year revoked the region’s semiautonomy and increased its security presence there. The move hardened the attitudes of militants who have fought for years for independence from India and sidelined moderate voices calling for ways to improve relations with the government of Prime Minister Narendra Modi, who has taken an increasingly hard line toward India’s Muslims.
Mr. Qadri’s death is part of a wave of political assassinations that have shaken the region in the last few months. It was the first killing of a prominent civil society member since the killing of Shujaat Bukahri, the editor of a local daily newspaper, two years ago. Editors’ Picks Nicole Kidman Leans Into the Pain The One Name the W.N.B.A. Won’t Say Buried in Salt, These Potatoes Are a Joy to Eat Continue reading the main story
Mr. Qadri had said in recent weeks that he had received death threats. On Twitter this week, he said the police should investigate people who had accused him of being a man of “agencies,” implying he worked secretly for Indian intelligence.
“The sense of tragedy is all the more because he warned of the threat,” Omar Abdullah, a former chief minister of the region, wrote on Twitter. “Sadly his warning was his last tweet.”
Mr. Qadri’s round, bespectacled face was famous in the region and throughout India for his vociferous criticism of New Delhi’s increasingly stronger hand in Kashmir. In person, he could be shy and retiring and would rarely interrupt others, unlike when he was on television. He also had sharp words for Pakistan, which India accuses of supporting pro-independence Kashmiri militants and other armed groups.
Both countries, Mr. Qadri said in an interview with The Times about a month before his death, “play with the dead bodies of Kashmiris.”
Mr. Qadri grew up in Srinagar speaking Kashmiri, Hindi and English, which later made him an effective spokesman in polyglot India. He studied law in the city and became a human rights lawyer. He was a common sight in Srinagar, driving around the city in a gray hatchback with his two young daughters.
He rose to prominence in 2012, when Indian police forces accused a number of children of attempting to murder officers and burning police vehicles. A photo of him wearing a gray suit, perhaps a size too large, while trying to comfort a terrified boy being led away by a police officer went viral on the Kashmiri internet. When the boy was set free, his family members said Mr. Qadri had argued in court on his behalf “like a lion,” giving the young attorney the nickname.
As security forces put more Kashmiris in prison, Mr. Qadri was widely sought after, and he became known for his ability to win the freedom of children in particular. He also became a frequent guest on Indian television, where he sharply criticized the Indian forces for their harsh oversight of Kashmir.
Mr. Qadri kept up his television appearances even as Indian media became increasingly nationalistic after the election of Mr. Modi in 2014. As Indian forces stepped up their enforcement efforts in Kashmir in the name of fighting terrorism, he faced an increasingly difficult reception. Other panelists often called him “Mr. Traitor.”
Late Thursday, as the dust settled in the city, Mr. Qadri’s body, covered by a red blanket, was put in an ambulance and taken to his ancestral home in north Kashmir, where family and friends lowered his body into the ground and bade him farewell.
Friends and relatives beat their chests. During the procession, one of Mr. Qadri's daughters — Zahera, 4 — asked her mother where her father was, according to Surat Shakeel, a family friend. Mr. Qadri’s wife told her that he had gone to perform the hajj, the pilgrimage to Mecca. Kashmiri parents often tell their children that the dead have gone to hajj.
Burhan Ahmad Bhat, a university student who participated in the procession, said he wondered whether Mr. Qadri’s killers would be found and whether they would continue to be labeled “unidentified,” like the killers of so many other Kashmiris.
“All we know is that they are killed by unidentified gunmen,” Mr. Bhat said. “But we never come to know why.”
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Lawyer
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Oct 7, 2020
- Country
- India
- Initial Date
- Sep 29, 2020
- Event Description
The complete freezing of Amnesty International India’s bank accounts by the Government of India which it came to know on 10 September 2020, brings all the work being done by the organization to a grinding halt. The organisation has been compelled to let go of staff in India and pause all its ongoing campaign and research work. This is latest in the incessant witch-hunt of human rights organizations by the Government of India over unfounded and motivated allegations, Amnesty International India said today.
“The continuing crackdown on Amnesty International India over the last two years and the complete freezing of bank accounts is not accidental. The constant harassment by government agencies including the Enforcement Directorate is a result of our unequivocal calls for transparency in the government, more recently for accountability of the Delhi police and the Government of India regarding the grave human rights violations in Delhi riots and Jammu & Kashmir. For a movement that has done nothing but raise its voices against injustice, this latest attack is akin to freezing dissent,” said Avinash Kumar, Executive Director of Amnesty International India.
Amnesty International India stands in full compliance with all applicable Indian and international laws. For human rights work in India, it operates through a distinct model of raising funds domestically. More than four million Indians have supported Amnesty International India’s work in the last eight years and around 100,000 Indians have made financial contributions. These contributions evidently cannot have any relation with the Foreign Contribution (Regulation) Act, 2010. The fact that the Government is now portraying this lawful fundraising model as money-laundering is evidence that the overbroad legal framework is maliciously activated when human rights activists and groups challenge the government’s grave inactions and excesses.
The attacks on Amnesty International India and other outspoken human rights organizations, activists and human rights defenders is only an extension of the various repressive policies and sustained assault by the government on those who speak truth to power. “Treating human rights organisations like criminal enterprises and dissenting individuals as criminals without any credible evidence is a deliberate attempt by the Enforcement Directorate and Government of India to stoke a climate of fear and dismantle the critical voices in India. It reeks of fear and repression, ignores the human cost to this crackdown particularly during a pandemic and violates people’s basic rights to freedom of speech and expression, assembly, and association guaranteed by the Indian Constitution and international human rights law. Instead, as a global power and a member of the United Nations Human Rights Council, India must fearlessly welcome calls for accountability and justice,” said Avinash Kumar.
As part of the Nobel Prize winning movement, Amnesty International India holds itself to the highest evidentiary standards. Our work in India, as elsewhere, is to uphold universal human rights and build a global movement of people who take injustice personally. These are the same values that are enshrined in the Constitution of India and flow from a long and rich Indian tradition of pluralism, tolerance and peaceful dissent.
———
BACKGROUND: CHRONOLOGY OF ATTACKS AND HARASSMENT OF AMNESTY INTERNATIONAL INDIA:
On 25 October 2018, Amnesty International India endured a 10-hour-long raid as a group of officers from the Enforcement Directorate (ED), a financial investigation agency under the Ministry of Finance, entered its premises and locked the gates behind them. Most of the information and documents that were demanded during the search were already available in the public domain or filed with the relevant government authorities. The residence of a Director was also raided.
Immediately after the raid, the bank accounts were also frozen by the ED. As a result, Amnesty International India was forced to let go of a number of its staff, adversely affecting its work in India including with the marginalised communities. Despite the ongoing investigations and before the framing of charges, the Government of India started a smear campaign against Amnesty International India in the country through selective leaking of documents gathered by the ED, to government-aligned media outlets. This resulted in a malicious media trial against the organization.
In early 2019, the Department of Income Tax started sending investigative letters to more than 30 small regular donors. Apparently, the department did not find any irregularities but the process adversely affected the fundraising campaigns of Amnesty International India.
In June 2019, Amnesty International India was denied permission to hold the press conference launch in Srinagar to release its third ‘Lawless Law’ report on the misuse and abuse of Public Safety Act in Jammu and Kashmir. It was forced to digitally release it.
On 22 October 2019, Amnesty International testified at the US Congressional hearing on the situation of human rights in South Asia with specific focus on Jammu and Kashmir since the unilateral abrogation of Article 370 of the Constitution of India.
On 15 November 2019, two weeks after the testimony and amid rumours of impending arrests of the organizations top officials, the offices of Amnesty International India and the residence of one of its directors were raided again by the CBI. The raids were conducted on the basis of a First Information Report filed by the Ministry of Home Affairs over unsubstantiated allegations of suspected violations of Foreign Contribution Regulation Act. It suggested investigations be launched under other laws like Prevention of Money Laundering Act.
On 13 April 2020, Amnesty International India called on the Uttar Pradesh Government to stop its intimidation of journalists through use of repressive laws during a pandemic. On 15 April 2020, the Cyber Crime Police Station, Lucknow, Uttar Pradesh notified Twitter to furnish information about Amnesty International India’s Twitter account @AIIndia which the organization uses to monitor and analyse developments in international human rights law and Indian constitutional and criminal law related to human rights issues.
On 5 August 2020, marking the first anniversary of the abrogation of Article 370 of the Constitution of India, Amnesty International India released an update on the situation of human rights in Jammu and Kashmir.
On 28 August 2020, marking the six-month anniversary of the riots that took place in North-East Delhi in February 2020, Amnesty International India released an investigative brief on the complicity of Delhi police in the riots which claimed the lives of at least 53 people, mostly from the minority Muslim community.
The release of the two publications has provided fresh impetus to the establishment to harass and intimidate Amnesty International India through its investigative agencies.
On 10 September 2020 Amnesty International India came to know that all its bank accounts were completely frozen by the Enforcement Directorate bringing most of the work of the human rights organization to a grinding halt.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Freedom of association, Right to access to funding, Right to work
- HRD
- NGO
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Oct 7, 2020
- Country
- India
- Initial Date
- Oct 6, 2020
- Event Description
Expressing grave concern about the physical assault of a human rights defender and the subsequent apathy by Satara police, the Human Rights Defenders Alert and the National Dalit Movement for Justice (NDMJ) have written an urgent letter of appeal on September 29.
The letter addressed to the National Human Rights Commission of India (NHRC), the Maharashtra State Human Rights Commission (SHRC) and various UN officials demanded action against the rural police for their apathetic treatment of the physical assault case of Advocate Sujit Nikalje and his family by local goons for his work as a human rights defender.
As many as six people allegedly assaulted the Dalit rights activist and lawyer, who was returning to Phaltan from Dhumalwadi on September 6, along with his wife and his brother’s family. The family was returning from a visit to a nearby waterfall when the group of miscreants verbally and physically harassed them. A crowd that had rushed to the family’s help after hearing their shouts caught one attacker Kunal Gaikwad and handed him over to the police.
The organisations alleged that the Inspector of Phaltan rural police, Nitin T Sawant, not only failed to apprehend the attackers but also threatened Nikalje for a baseless offence of entering a restricted waterfall area.
“The fact is that the waterfall comes under the jurisdiction of Dhamalwadi Panchayat, which had decreed that locals were allowed to visit it. The attackers were in fact in contravention to the Panchayat’s orders barring outsiders from visiting the waterfall. Furthermore, the police let off the Mr. Gaikwad on September 6, 2020, without registering a case despite having been caught red handed,” wrote the organisations.
They demanded that Satara’s Superintendent of Police file a report against the Inspector, the rural police and other personnel for wilful negligence and inaction to register the Advocate’s case.
The organisation also asked that the charge of attempt to murder be added to Nikalje’s existing FIR along with other charges of voluntary hurt, assault on a woman to outrage her modesty, unlawful assembly and armed rioting. Lastly, they demanded compensation for the Dalit rights activist who was assaulted on account of his human rights work.
“We urge that this case is treated as a case of reprisal on the human rights defender,” said the letter.
Five of the six accused were arrested on September 10 following intervention by Superintendent of Police Ms. Tejaswi Satpute. However, Mr. Deepak Gaikwad continues to be absconding.
The organisations that believed the attack was of a pre-meditated nature said, “He [Gaikwad] has been identified by the HRD as being the leader of the pack and took the lead in instigating the attack against the HRD. The fact that he continues to be free puts the life of the HRD [Nikalje] and his family in imminent threat.”
- Impact of Event
- 2
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- Intimidation and Threats, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment
- HRD
- Minority rights defender
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Oct 6, 2020
- Country
- India
- Initial Date
- Aug 30, 2020
- Event Description
The malicious attacks on Adivasis are on the rise even as illegal felling of trees and other intimidation tactics by the forest department continue in isolated incidents across the country. The latest incident took place in Madhya Pradsh where some forest officials illegally detained, assaulted and tortured two activists: Kailash Jamre and Pyarsingh Waskale working for Jagrit Adivasi Dalit Sangathan in Burhanpur district Madhya Pradesh.
On August 29, two Adivasis- Jabarsing Keriya and Somla Chamarsingh were picked up while going back to their village after buying groceries. No information was provided to villagers until late that night. The next morning, the forest staff called Kailash Jamre and asked some of them to come to court to apply for bail for the two tribals. Pyarsingh Waskale accompanied Kailash as they attended the hearing of Jabarsingh and Somla. The forest department offered no evidence, nor did they present a chargesheet of the crimes committed by the two, however their bail application was rejected. As Kailash and Pyarsingh were exiting the court, on August 30, they were forcibly picked up by Khaknar Range Officer Abhay Singh Tomar and a few others.
Kailash and Pyarsingh were then taken to Khaknar Range office, where they were illegally locked up all night, and were allegedly brutally beaten up by around 20-25 staff and officers. According to Kailash, 2 or 3 people would hold their limbs while the others beat them with lathis. Most were drunk, and kept abusing them for ‘talking too much about the law and being the leaders of the sangathan’.
When the news of the illegal detention reached the village, many Adivasis gathered at Khaknar police station late at night and demanded registration of FIR against the forest officials. But, like in so many other cases of recent times, the police refused to file FIR and instead threatened the Adivasis with arrest. They were also allegedly misled by the police that Kailash and Pyaarsing had been taken to Burhanpur and that they had not been mistreated and would be produced in Court the next day.
They were brought to the District Court, Burhanpur, the next day and as Kailash and Pyarsingh were so brutally beaten up in custody, Kailash could barely stand and collapsed in court, whereafter he was hospitalised for 6 days and he is still unable to walk.
Both Kailash Jamre and Pyarsing Vaskale, of Rehmanpur village in Khaknar block are active members of Jagrit Adivasi Dalit Sangathan and constantly educate Adivasis about the provisions of the Forest Rights Act and their other legal rights. They have also, along with others, been active in opposing illegal clearing of forests which is happening with the active connivance of forest officials. They were mercilessly beaten up by forest department officials who said, “Tum hi jyaada kanoon karte ho.. dekhte hai teri sangathan kitni mazboot hai” (You are the ones who talk too much about the law.. now let’s see how strong your organisation is).
The region has a history of violence against Barela and Bhilala Adivasis who are claimants under the FRA. The forest staff, for decades has been demanding money from Adivasis for sowing, harvesting along with threats of false charges and cases slapped on them. Kailash and Pyarsingh are activists who for the past two years have been generating awareness about the Forest Rights and other legal rights and entitlements for Adivasis – putting an end to the decades of extortion by forest staff and officials from Adivasis for simply growing food.
Kailash himself and Jagrit Adivasi Dalit Sangathan, as an organization have written to the District Collector and Superintendent of police giving a detailed account of the incident and demanding action. They have demanded that strict action be taken against the forest officials and they be booked under sections of the IPC as well as the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act as also the false cases against the adivasis and the activists be withdrawn.
Organisations that work at grassroots level to awaken and strengthen tribal communities seems to have become the new target of forest officials possibly because these activists always come to the rescue and raise their voice along with fellow adivasis whenever any injustice is meted out by forest officials.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Intimidation and Threats, Violence (physical), Wounds and Injuries
- Rights Concerned
- Minority Rights, Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- Environmental rights defender, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 6, 2020
- Country
- India
- Initial Date
- Sep 24, 2020
- Event Description
A fortnight ago, tribal rights champion Soni Sori found herself in quite a conundrum. On September 24, she had tested positive for COVID-19. A day later, she was supposed to present herself before the National Investigation Agency (NIA) for an inquiry in the killing of Bheema Mandavi, a Bharatiya Janata Party MLA, and four policemen in an alleged Naxal attack from the past year.
Sori had informed the officials about her health condition; they, however, insisted she still appears. Four days later, the local administration went ahead and booked her under sections of the Indian Penal Code for violating the quarantine rules.
Sori, who had remained active through the lockdown, visiting villages and helping people in need in the tribal district of Dantewada in Chhattisgarh, developed symptoms in the month of September. As fever persisted, she decided to get herself tested. “The result stated I was infected by coronavirus. The local health officials came and put me in quarantine immediately at my residence in Geedam (a tehsil in Dantewada),” she says.
But when Sori called the NIA officials informing them about her health status, she says the officers refuse to believe her. “I was asked to make arrangements and be present before the NIA’s Dantewada office, over 80 km away,” she says. Sori’s health condition scared her neighbours, and local travel agents were unwilling to lend their vehicle for the travel, her nephew Lingram Kodopi says. The two were then forced to travel on a bike amid heavy rains.
“I was burning with a high fever. I was afraid they would detain me in the case. They questioned me for over seven hours despite my condition,” she adds.
Sori was informed about her health condition by Devendra Pratap Singh, a health officer in Geedam. Despite the positive report, the Dantewada police, along with the NIA insisted a second test was conducted. The second test too came out positive. But Sori alleged that despite the rapid test kit clearly indicating that she was positive, the police and Pratap declared that she had tested negative and is fit to face the inquiry.
But then, Singh later went ahead filing a case against Soni under Sections 188, 269, and 270 of the Indian Penal Code for disobeying an order duly promulgated by a public servant, for indulging in a negligent act likely to spread infection of disease dangerous to life and malignant act likely to spread infection of disease dangerous to life respectively. All three sections are bailable.
When The Wire approached Singh for his comment, he confirmed that an FIR has been registered. “I merely did my job. I am in-charge of the region and since Sori had travelled even when she was put under strict quarantine, I was duty-bound to report her to the police,” he said. When asked why he had claimed that she was negative on the day of Sori’s appearance before the NIA, Singh denied having made such a statement. He also confirmed that she tested positive both times. The former chief medical officer, Dr S.K.P. Shandilya, who was in-charge of the Dantewada region until three days ago, also confirmed that Sori had tested positive. The Wire has accessed her medical reports and also the FIR registered by Singh.
Sori, who has faced police atrocities including sexual torture and prolonged incarceration in the past, shared that she finds the state police and the NIA’s act inhumane. “If questioning me was so important, the NIA could have waited for a few weeks. Why did they insist I travel even when they are fully aware that this illness spreads super fast? It wasn’t just about my health alone, I could have endangered so many more lives,” she says.
Under Section 160 of the Code of Criminal Procedure, the investigating agency ought to have travelled to her residence. The section states, “…provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.” The section also makes provision for travel allowance. But Sori says she was asked to make her own arrangement.
Bheema Mandavi murder case
On April 9, 2019, Bheema Mandavi, then the sitting BJP MLA from Dantewada, and four personnel of the Chhattisgarh Armed Force (CAF) were killed after Maoists had allegedly blown up their vehicle with an IED. This incident took place near Shyamgiri village under the Kuakonda police station area of Dantewada. The case was handed over to the NIA for investigation and on October 2, the agency filed a bulky chargesheet and named 33 persons as accused.
The NIA was in a hurry to question Sori before filing the chargesheet.
In the chargesheet, the NIA has claimed that the attackers after the ambush had also looted the arms and ammunition of the security personnel. All accused have been booked under several sections of the IPC, the Arms Act, the Explosive Substances Act and the Unlawful Activities (Prevention) Act, 1967.
While the Jagdalpur team of the NIA refused to take Sori’s health condition seriously, its Bombay team, investigating the 2018 Elgar Parishad’s case, cancelled its scheduled questioning last week. Sori, who was one of the many guest speakers at the Elgar Parishad event organised in Shaniwarwada of Pune to celebrate the 200th anniversary of the battle of Bhima Koregaon, was to be questioned by the NIA. A team of officers had reportedly traveled to Dantewada but decided to return on finding out about her health condition. The team spoke to Sori on the phone instead and has rescheduled a visit to Dantewada to the coming week.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment, Vilification
- Rights Concerned
- #COVID-19, Right to health, Right to healthy and safe environment, Right to liberty and security
- HRD
- Minority rights defender, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 6, 2020
- Country
- India
- Initial Date
- Sep 18, 2020
- Event Description
Mr. Dhirendra Pratap isa Dalit rights activistandthe national president of an organization called "Purvanchal Sena” formed in 2006 and working against the oppression of Dalits.
On September 08, 2020,in Kusmaul village in Gorakhpur, a candidate for Pradhan’s election Mr. Sonu Jatav was abusedwith‘casteist slurs’by the sitting Gram PradhanMr. Vivek Shahi.Mr. Dhirendraand his organisationopposedthis incident and the police filedan FIR under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (PoA) against the Pradhanon September 09, 2020.However,Mr. Vivek was not arrested and he is alleged to have gone to the Dalit colony and abused Dalits in front of the police.The police instead of upholding law and order and arresting Mr. Vivek, remainedsilent and abetted the atrocities. A video was also made of this incident.Mr. Dhirendra and his organisation were constantly demanding the arrest of Mr. Vivek.
On September 18, 2020, around 02:00 AM, 20-25 men in plain clothes, armed with guns,jumped the wall and entered Mr. Dhirendra’shome in village Betiahata,Gorakhpur.When Mr. Dhirendra’s fatherenquiredwho they were and how did theyenter hishome, they said that theywere from the crime branch andhad come for an investigationand started searching their home room by room. Mr. Dhirendra was sleeping in hisroomduring this time. When he woke up, the intruders told him too that theyare from the crime branch and said that “You are Dhirendra ‘Purvanchal Sena’ president, now you will know how to become a leader.”Mr. Dhirendra asked them for anarrest warrant or notice, hearing which theystarted abusing himand forcibly triedto take him. Mr.Dhirendra's younger brother was recording this entire incident onhis mobile. After seeing him record the incident, the policemen snatched the mobile from the younger brother and took him too forcibly. They also abused and harassed women.When the two brothers were brought out of the house, the family also came out and noticed that some policemen inuniformwere standing outside the house.There were 6-7 cars,including a police jeep. The policemen started slappingboth HRDs, while trying to force both brothers into theircar. When their father tried to rescue his son, they tried to beat him with a lathi. Then theyforcibly abducted both thebrothersandtook them.In themorningtheirfather went to nearest police station–Cantt Police Station in Gorakhpur –and asked about his sons. But the policemen replied that they did not knowabout them. He then went to successive police stations to ask about his sons but did not get any information. Then he went to the Senior Superintendent of Police (SSP)GorakhpurMr.Bhupendra Kumar Singh’s office but Mr. Singh was not present,so he left a letter regarding the incident. Around 02:00 PM,hemet the District Magistrate(DM) of Gorakhpur Mr. VijendraPandiyan and told him the incident. The DM assured him that he will find his sons. Around 03:00 PM,Mr.Dhirendra and his brotherwere brought to the district hospitalof Gorakhpur for medicalexamination andafter medical theywere sent to the Gorakhpur District Jail. At 3:03 pm an FIR was registered by Mr. Amit Kumar Chaturvedi, Sub-Inspector atCantt Police Station, Gorakhpurunder sections307(Attempt to murder),332(Voluntarily causing hurt to deter public servant from his duty), 353(Assault or criminal force to public servant from discharge of his duty)against Mr. Dhirendra, Mr. Yogendra Pratap and another personMr. Vicky David.TheFIRstated that on the night of September17-18, 2020, Mr. Chaturvedi, (Sub-Inspector) along with Constables Deepak Kumar and Ram Chander Yadav were on duty at Betiahata Chauraha, Betiahata, Gorakhpur.From the Crime Branch, Mr. Sadiq(SI), Mr. Chandrabhan (SI), Mr. Rashid (Head-Constable), Mr. Dharmendra (Constable), Mr. Yogesh (Head-Constable), Mr. Pradeep (Constable), Mr. Rakesh (Constable), Mr. Indresh (Constable), Mr. Qutbuddin (Constable) and Mr. Monish (Constable) had gone to the Betiahata Chauraha. They were told by aninformer that a wanted criminalMr. Vikky David is standing near Hanuman temple with two people.After getting the information, 15 policemenreached Hanuman Templewhere theysaw three people standing who said their names wasMr. Vicky David, Mr. Dhirendra Pratap and Mr. Yogendra Pratap. When all of them were body searched,it seemed as if Mr. David had a gun and in the scuffle severalpolicemen fell downand all three of themran away firing.Mr. Chaturvedi statedin FIR that,“the police searched for them but all three could not be found. That's why I'm filing a FIR”.Mr. Dhirendrawas constantly persuadingthe policeto uphold the constitution and act against Dalit atrocities. This is the main reason why the police targeted Mr. Dhirendra.The entire narrative showcasesextreme neglect and misuse of power by the Gorakhpur police. From not arresting Mr. Vivek and then abetting crime against Dalits to the post-midnight raid, abduction and illegal arrest in a fabricated case demonstrate a state of complete lawlessness in Gorakhpur. Acts by the police depict extremely serious and blatant violations of arrest procedures of the Cr.P.C, the DK Basuguidelinesand NHRC’s ownguidelineson arrestprocedures.
- Impact of Event
- 4
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment, Raid, Use of Excessive Force, Violence (physical)
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 6, 2020
- Country
- India
- Initial Date
- Aug 24, 2020
- Event Description
Adv. Varsha Deshpande is a well-known activist in Maharashtra and is based out of Satara district. She has worked for many years against social malpractices such as female foeticide and child marriages. She is also the founder president of the organizationcalled ‘Dalit Mahila Vikas Mandal’ which works with Dalit women for self-employment and has also established Free Legal Aid Center in 1996 with the help of Maharashtra Legal Aid Society.
Ms. Tamanna Mujawar and Ms. Aishwarya Jadhav, both residents of Satara,had money dealings in the past due to which a dispute broke out between them. Ms. Jadhavhad borrowed Rs. 15000 from Ms. Mujawar of which she had returned Rs. 12,500.Since they were unable to resolve the issue,Ms. Jadhav approached the Free Legal Aid Centre on August 24, 2020. However unable to resolve the issueeither, both wereaskedby the WHRD to visit the Satara City police station.
On August 25, 2020, the Satara City Police registered an FIR against Adv. Varsha Deshpandebased on a complaint filed by Ms. Mujawaralleging that the WHRD had physically assaulted her and demanded a ransom.The complaint stated that whenadispute croppedup between her and Ms. Jadhav at the Free Legal Aid Centre, Adv. Deshpande threatened her that she would initiatea legal case against her and also slapped her. Ms. Mujawar also accused Adv. Deshpande of demanding aransom of Rs. 50,000, failing which shewould file a complaint against her.Based on her complaint,the Satara city policestationcharged the WHRD under sections 384 (extortion) and 323 (causing voluntary hurt) of the Indian Penal Code(IPC).In her complaint, Ms. Mujawarsaid that the Ms. Jadhav had asked her to come to Adv. Deshpande’s office at 2.30 p.m. However, Adv. Deshpandehas clearedthat she hadnever called Ms. Mujawar to the office and the latter had come on her own volition. On August 26, 2020, Ms. Jadhav filed a police complaint stating that she had approached Adv. Deshpande as she wanted help on how to get out of her current predicament. However,in her office,Ms. Mujawar started a verbal fight with Adv. Deshpande. She also alleged that Ms. Mujawar was forcing her into a prostitution and blackmailing racket. Ms. Mujawar allegedly demanded that Ms. Jadhav pay her the amount due with interest when she refused to do Ms. Mujawar’s bidding. Based on Ms. Jadhav’s complaint the Satara city policestationhave filed an FIR under sections 452 (House Trespass), 342 (Wrongful Confinement), 323 (Voluntary Hurt), 504 (Intentional insult with intent to provoke breach of the peace), 506 (Criminal Intimidation), and section 5 of the Immoral Traffic (Prevention) Act, 1956 which pertains toprocuring, inducing or taking an individual for the sake of prostitutionagainst Ms. Mujawar. No one has yet been arrested.We believe that the Ms. Deshpande, a longstandingwoman Human Rights Defenderof repute,has been implicated in a false case by the Satara police since she hasbeen vocal about police inaction on several occasions in the pastregarding sexual harassment of women. Recently,the WHRD had also complained to the state DGP about SDPO Mr. Sameer Sheikh and his handling of cases.Since there seems to have been a recent history with Mr. Sheikh as well as the facts of the above case, we are inclined to believe that the case against Adv. Deshpande is fabricated and false and has been filed with a malicious intent.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment, Vilification
- Rights Concerned
- Right to healthy and safe environment, Right to protect reputation
- HRD
- Lawyer, WHRD
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Oct 6, 2020
- Country
- India
- Initial Date
- Oct 2, 2020
- Event Description
With top Congress leaders like Rahul Gandhi and Priyanka Gandhi Vadra hitting the streets to highlight the Uttar Pradesh government’s mishandling of the Hathras gangrape-and-murder case, one would assume that since at least in the states where the party is in power, individuals’ right to protest would be honoured.
But in Maharashtra, particularly in Mumbai, that is not the case. The city police began tracking 24-year-old anti-caste activist Suvarna Salve at 1 am on October 2 and at the crack of dawn, they were at her doorstep armed with a legal notice to prevent her from participating in any protests in the city.
Suvarna, a student and cultural activist, says the police first called her on her cell phone at midnight and inquired about her whereabouts. “They asked me for my address and said they want to serve me a notice at 1 am. I informed them that I was away and they should not bother my family. But at around 7:15 am, the police were at my doorstep with a notice. My family received the notice,” she says.
The notice, typed in Marathi, stated that Salve was prohibited from participating in a “peaceful protest” organised by a Mumbai-based collective ‘Hum Bharat ke Log’ (We the People of India). Issued by the Marine Drive police station and signed by senior police inspector Mrityunjay Hiremath, the notice states:
“In the peaceful protest, banners and placards with messages like “Sab Nirbhay Bano, Loktantra Zinda Rakho, Savidhan ka SanmaaN karo” (Become fearless, keep democracy alive, respect the constitution) are to be displayed near a Gandhi statue at Madam Cama road.”
In the notice, issued under section 149 of the Criminal Procedure Code (CrPC), the police have quoted a whole bunch of sections, including those under the Maharashtra Police Act, the Epidemic Diseases Act and other sections of unlawful assembly claiming that during the COVID-19 pandemic, the public gathering is prohibited. Section 149 of the CrPC implies that every police officer may intervene for the purpose of preventing, and shall, to the best of his ability, prevent, the commission of any cognizable offence
Salve says while the sections applied are understandable, the motive behind serving a notice only to her is not. “It was supposed to be a public gathering. Several people had decided to participate. But they identify just a few in the crowd and serve a notice. How to even understand this behaviour,” she asks.
Besides Salve, at least two more persons who were to participate in the protest have been served with similar notices. Salve did not attend the protest and Firoze Mithiborewala, one of the protestors, confirmed that the police served similar notices to two teenagers who had assembled at the protest site.
Interestingly, when The Wire contacted the Marine Drive senior police inspector Hiremath to inquire about the grounds for issuing this notice, he said that he was not aware of it. “There is no protest organised within my jurisdiction. We have not issued any notice,” he claimed over the phone. The letter has his name and signature on it.
This is not the first time that the Mumbai police have served a notice on Salve. On August 29, The Wire, in a detailed piece had reported the Mumbai police’s attempt to classify Salve as a “habitual offender” and initiate the administrative procedure of “externment” against her. In that notice, the Mumbai police also demanded a whopping surety of Rs 50 lakh from her. The notice was served to her for participating in an impromptu protest organised in the city in January in the wake of the attack on students and faculty members inside the Jawaharlal Nehru University (JNU) campus.
Salve says she has been singled out and harassed by the current state dispensation. She says the police’s act of serving notices on her for every public appearance is crafted with a clear intention to profile and criminalise her.
Since her college days, Salve has been a vocal anti-caste voice, participating in protests and students’ agitations across India. In 2016, after the death of Rohith Vemula, a PhD scholar at the University of Hyderabad, which many described as an “institutional murder”, Salve joined the Joint Action Committee (JAC) formed to fight for justice for Vemula and other Bahujan students who face discrimination in campuses.
Salve told The Wire, “The protests that I have participated in have always been peaceful and organised against the atrocities and violations of human rights in the country. This protest [on October 2] was organised to register our protest against the inhuman treatment meted out to a Dalit family, whose 19-year-old daughter was allegedly gang-raped and killed. And the irony is, the Mumbai police identifies one Dalit woman and prohibits her from protesting.”
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Restrictions on Movement, Surveillance
- Rights Concerned
- #COVID-19, Freedom of assembly, Freedom of movement, Offline, Right to healthy and safe environment
- HRD
- Family of HRD, Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 6, 2020
- Country
- India
- Initial Date
- Sep 19, 2020
- Event Description
The cyber wing of the Jammu and Kashmir Police summoned and abused Auqib Javeed, a Kashmir based journalist, over a news report about police intimidation of social media users. The International Federation of Journalists (IFJ) and its India affiliate Indian Journalists Union (IJU) condemn the police’s highhandedness and urge the Indian authorities to stop such the violence and intimidation of journalists.
Javeed was assaulted and harassed by Jammu and Kashmir Cyber Police on September 19 for his news report entitled ‘Police Question Kashmir Twitter Users For 'Anti-Govt' Posts’ published on the Article 14 online site. His article highlights cases of the intimidation by the Jammu and Kashmir police to civil society members, journalists and students for their tweets critical of government actions on article 370 and the internet shutdown in Jammu and Kashmir. The article claims that dozens of Twitter users in Kashmir have been forced to maintain their silence after being interrogated by the police about their posts on Article 370 and the Internet shutdown. The police have accused Javeed’sreport of being ‘fake and baseless’.
According to Javeed, after being summoned he was abused and assaulted at the cyber-police’s police on September 19 along with two members of the Kashmir Press Club. He said two masked police slapped him and Tahir Bhatti, the Superintendent of Police who is in charge of the police’s cyber cell, abused him. The journalist was released after five hours. The police have refuted his allegations of abuse.
Journalists in the J&K region are frequently harassed, threatened and summoned particularly over any criticism of the Indian government revocation of article 370 which lead to the imposed internetshutdown in August 5, 2019.
On July 31,Qazi Shibli, the editor of news portal The Kashmiriyat , was detained whileFahad Shah, editor of news portal Kashmir Walla, was summoned on May 20. The police in Srinagar also filed separate investigations or First Information Reports (FIR) against Kashmiri photojournalist Masrat Zahra and journalist Gowhar Geelani on April 18 and April 21 respectively. And, cyber police in Srinagar questioned journalist Peerzada Ashiq on April 19 in relation to the journalist’s news articles.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical)
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 25, 2020
- Country
- India
- Initial Date
- Sep 13, 2020
- Event Description
A journalist from Tripura was beaten up by unidentified individuals, after he criticised Chief Minister Biplab Deb’s remark that he will not forgive media houses for publishing stories of alleged mismanagement of the coronavirus crisis by the Bharatiya Janata Party government, NDTV reported on Monday.
Parashar Biswas, a journalist with a Bengali newspaper, made the criticism after being discharged from a coronavirus care centre. In his video, posted on Facebook on Saturday, Biswas said he wanted to warn the chief minister that he should not threaten the media.
Biswas was thrashed at his house in Ambassa, the headquarters of Dhalai district, on Saturday night. He was critically injured and was taken to a hospital in Agartala. “We have filed a case and are investigating the attack,” Deputy General of Police Rajiv Singh said.
Subal Dey, the editor of Syandan Patrika, where Biswas works, said he was attacked within 12 hours after he made the Facebook post. “He was attacked within a day after the chief minister issued a threat against the media and within 12 hours of his Facebook post. We suspect this attack to have been carried out by BJP members.”
But the BJP denied it was responsible for the attack. “We condemn the attack on the journalist,” Tripura BJP spokesperson Nabendu Bhattacharjee said. “None of our party members are involved in this. Police has started investigation. If any political party members are involved, law will take its course.”
Deb had said on Friday that he would not “forgive” the media for its allegedly “confused” coverage of the coronavirus situation in the state. “A few newspapers and journalists are getting overexcited and confusing the people of Tripura,” he had said. “History would not forget them. I will also not forgive them. People of Tripura will not forget them. Biplab Deb will not forget them. I do what I say, I keep my words. History will remain witness to it.”
Journalists in Agartala held a meeting on Sunday under the forum “Assembly of Journalists”, and asked Deb to withdraw his statement. “Within 24 hours of Chief Minister’s public threat to newspapers, a journalist has been attacked, beaten brutally,” they said in a statement. “This has led to a feeling of insecurity among journalists in the state.” The group said that if Deb did not withdraw his statement, they might have to approach Governor Ramesh Bais, Prime Minister Narendra Modi and the Press Council of India.
Forum for Protection of Media and Journalists in Tripura Chairperson Subal Kumar Dey said the comments of the chief minister were “undemocratic and unconstitutional”, News18 reported. “We hope he will withdraw his remark within the next three days,” Dey said.
Dey claimed that not one but two journalists have been attacked since Saturday. “The state is trying to enslave media persons,” he alleged. “State government orders are issued to choke journalists’ voices.”
Tripura has so far reported 19,165 cases of the coronavirus, including 200 deaths, according to the Union Ministry of Health and Family Welfare. As many as 11,536 people have recovered.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Raid, Violence (physical), Wounds and Injuries
- Rights Concerned
- #COVID-19, Media freedom, Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Suspected state
- Source
- Monitoring Status
- Pending
- Date added
- Sep 21, 2020
- Country
- India
- Initial Date
- Sep 9, 2020
- Event Description
The famous Urdu poet Munawwar Rana’s daughters, Sumaiya Rana and Uzma Parveen had asked people to gather near the Chief Minister’s residence and beat ‘thalis’ to make their voices heard.
Post this, they have been placed under house arrest on Wednesday in Uttar Pradesh’s Lucknow, over their call for the protest against the UP government led by the Chief Minister Ajay Singh Bisht also known as Yogi Adityanath, the police said.
Sumaiyya and Uzma, who had also played a key role in the anti-CAA protests against the Citizenship Amendment Act (CAA), 2019, in Lucknow earlier this year, had asked the public to raise their voices against a host of increasing ongoing issues, and mishandling of the raging coronavirus disease (Covid-19) pandemic.
Sumaiyya who lives at Kaiserbagh in Lucknow, said, “The UP government has failed in containing the contagion in the state. Private hospitals are fleecing the public because the state government is turning a blind eye on them. The COVID-19-related high mortality rate has further worsened the healthcare crisis in UP. Besides, the state government has also failed in curbing unemployment that has started taking a toll on the state’s youths. I had given a call to make our voices heard. ”
After this incident, a large number of policemen were seen outside the Silver Heights Apartments in Kaiserbagh area where they live.
Besides, the police didn’t allow the protesters to gather outside the CM’s residence.
The police spokesperson said since Section 144 is in force in the state capital, no congregation of people could be allowed.
The cases against them have been registered on charges making objectionable comments on social media, public obstruction, violating Section 144 and disturbing peace.
- Impact of Event
- 2
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Raid, Restrictions on Movement
- Rights Concerned
- #COVID-19, Freedom of assembly, Freedom of movement, Offline, Right to healthy and safe environment
- HRD
- Artist, Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 18, 2020
- Country
- India
- Initial Date
- Sep 13, 2020
- Event Description
Delhi Police arrested former Jawaharlal Nehru University (JNU) student Umar Khalid under the Unlawful Activities (Prevention) Act for instigating the North-East Delhi riots that broke out in February this year.
“Khalid was one of the main conspirators of riots in which 53 persons died and over 400 were injured,” special cell of Delhi Police said after the arrest.
The former JNU scholar has been questioned twice by the police over the last two months for speeches he delivered at the Shaheen Bagh protest site. According to the police, Khalid had planned the riots with former AAP councillor Tahir Hussain.
Khalid was charged with sedition and arrested in February 2016 too, for allegedly shouting anti-India slogans inside the JNU campus along with former student union president Kanhaiya Kumar and others.
“We arrested Umar Khalid late Sunday night,” said a senior police officer associated with the probe, requesting not to be named.
On August 3, the suspended AAP councillor had reportedly confessed to his crime and told the police that he was given the task to collect as much glass bottle, petrol, acid, stones as possible during the violence.
Communal violence broke out in Delhi between anti-CAA and pro-CAA protesters in February this year. Hundreds of people were detained in connection with the violence and police faced criticism for their slack management of protesters and ineffective handling of the riots.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 17, 2020
- Country
- India
- Initial Date
- Aug 24, 2020
- Event Description
The cost of exercising one’s constitutional right to protest in Mumbai has been fixed at Rs 50 lakh.
The Mumbai police has issued a notice seeking surety of a whopping Rs 50 lakh from a 24-year-old student and cultural activist Suvarna Salve for participating in an impromptu protest in January, organised in Mumbai in the wake of the attack on students and faculty members inside the Jawaharlal Nehru University (JNU) campus.
While this is the only FIR ever registered against Salve, the Mumbai police have also decided to classify her as a “habitual offender” and initiate another administrative procedure of “externment” against her.
Salve, a lead singer and activist of the cultural troop Samata Kala Manch, was one of the 31 persons to be booked by the MRA Marg police for participating in a peaceful rally from Hutatma Chowk to Gateway of India in South Mumbai on January 6. Over 300 people from across Mumbai had joined the rally which was organised in protest against the violent attack on students in JNU campus by activists belonging to the Rashtriya Swayamsevak Sangh’s (RSS’s) students’ wing, Akhil Bhartiya Vidyarthi Parishad (ABVP).
The Mumbai police’s decision to slap FIRs against activists in the city had attracted severe criticism. Rights activists and political leaders had termed the Mumbai police’s action as excessive and also equated it with the Delhi police which had remained a “mute spectator” and done nothing to control the masked mob that roamed around freely for almost three hours in the JNU campus but later had booked the victims instead.
In Mumbai, the protest was organised at two separate spots, just a few kilometres apart. The police have filed two separate FIRs – one at MRA Marg police station and another at Colaba police station – for those attending the protests. In both places, several prominent figures like former Bombay high court judge B.G. Kolse-Patil, and actor Sushant Singh had participated. When the rally soon transformed into a sit-in protest at Gateway of India and more and more people joined in support, state ministers like Jitendra Awhad visited the spot to negotiate with protestors.
While the initial decision was to not take criminal action against the protestors, the police had eventually changed their stance. In all 31 persons have been named in the FIR and have been booked under section 141, 143 and 149 (unlawful assembly) and 341 (wrongful restraint) of the Indian Penal Code, along with section 37 of the Bombay Police Act, 1951.
All sections are bailable and punishable for less than six months. Prominent persons were excluded from the FIR and only student activists and some lawyers were named. Some of them even claimed that they were not present at the protest site but were still named in the FIR.
Despite of filing a case of unserious nature, the police have sought an unusually high surety, and more strangely have demanded it only from Salve. The notice, issued on August 24, has sought an explanation as to why Salve a proceeding should not be initiated against her under Section 110 (e) of the CrPC. The notice also seeks at least one of two persons to appear as a “surety”, pledging an amount of Rs 50 lakh, ensuring her good behaviour for the next two years. If she fails, the amount or the property would be confiscated by the state.
Salve says this is done to discourage her from participating in any political activism in the future. “This is done clearly with an intention to harass,” she said. “There were several influential people who had participated in the protest but they chose to go behind one student activist. They know I will never be able to furnish such surety ever. I belong to a Dalit community, and stay in a slum rehabilitation housing,” she pointed out.
Since her college days, Salve has been a vocal anti-caste voice, participating in protests and students’ agitation across India. In 2016, when Rohith Vemula, a PhD scholar at University of Hyderabad, was allegedly killed in an “institutional murder”, Salve joined the Joint Action Committee (JAC) formed to fight for justice for Vemula and other Bahujan students facing discrimination in campuses.
In the past years, when anti-caste organisations and political parties like Vanchit Bahujan Aghadi called for a bandh in the state, Salve like several other activists was served a notice under Section 144 of the CrPC against participating in any public gathering. “There has been a systematic attempt made to curtail dissenting voices. Like me, several other Ambedkarite activists have been served such notices,” she said.
Her lawyer Ishrat Ali Khan says the police’s decision to classify her as an “habitual offender” also stems from the same mentality. “Look at the crime here – organising and participating in a peaceful protest. From no stretch of imagination can an individual exercising their right to expression and protest be termed as a habitual offender,” he said.
Section 110 of the CrPC, also in legal parlance called as “chapter proceedings” is initiated against those who have been booked in multiple crimes. An executive clause, the proceedings under this section is initiated by the Assistant Commissioner of Police (ACP) level officer and if convicted, the person is externed for a stipulated period of time outside the district limit.
Several researchers have pointed to its discriminatory nature and how it gets disproportionately used against marginalised identities like Dalits and Denotified Tribes. In most cases, it is noticed that the executive officials hearing the case convict the person and the individual then has to move the high court to get their name cleared. This is a tedious process, requiring both resources and patience.
Khan, in his over a decade of experience handling cases under this section, said he had never seen the section being slapped against someone for protesting. “The subsections cover several crimes like theft, dacoity and extortion. The police claim to use it against “hardened criminals”, something that Salve or any dissenting activists don’t qualify for, he said.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Administrative Harassment, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline
- HRD
- Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 17, 2020
- Country
- India
- Initial Date
- Aug 9, 2020
- Event Description
The Network of Women in Media, India, condemns the online abuse and harassment of Chennai-based journalist Kavin Malar. The relentless abuse, personal attacks and doxing (a practice where personal identifying information is broadcast online) by droves of trolls are part of growing attempts on social media to silence vocal women journalists in India. Facebook’s reluctance to take down these posts and the delay by the police in registering a complaint have only emboldened online harassers.
After Kavin wrote some comments online about what she felt were political motives behind the arrests of members of YouTube group Karuppar Koottam and, in a different instance, posted in support of another journalist being trolled online, a Bharatiya Janata Party functionary, Kalyanaraman, named Kavin as being anti-BJP. Facebook users who appear to support the BJP flooded her timeline and harassed her for weeks.
On August 9, a user named Sasi Kumar posted two photographs of Kavin with the words “My rate is 1000 rupees”. Soon afterwards, she began to get obscene calls and messages on Facebook from other users. Kavin is a journalist of solid credibility. The implication that she is soliciting is a condemnable attempt to malign her journalistic identity and reputation.
When Kavin and several others reported the post and photograph to Facebook, the social media platform refused to take any action, saying the post was not against their community standards. It was only after over 10 days that Facebook removed the photo. Other abusive comments remain online. So does Sasi Kumar’s profile.
Responding to Kavin’s complaint and the solidarity that poured in for her, on August 17 the Chennai Cyber Crime cell registered a case under Sections 354-D of the Indian Penal Code, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998.
Kavin is an independent Tamil journalist who has been harassed for her courageous reportage on caste discrimination, communal violence and gender rights. She was harassed online in 2013, too, while covering the death of a Dalit man who married a Vanniyar woman in Dharmapuri. NWMI had written to the then Chief Minister of Tamil Nadu demanding action. It was only when Kavin went to court that the police filed a complaint against her harasser, self-proclaimed political analyst Kishore K Swamy, under court orders.
This March, the police closed the 2013 case saying the abusive comments were “undetected”, when many are still clearly online. Swamy, meanwhile, continues to harass several journalists, especially women and the few mainstream Tamil journalists not from the upper caste. There are at least five police complaints against Swamy, with no proportionate action.
Such police inaction allows online abusers to attack women journalists with impunity. Investigations must be completed and justice done for the internet to be a safer space for all.
Abusive and targeted content in non-English languages is a distressing reality for Indian journalists. Although the recent post was in English, Kavin often faces attacks from social media users who post in Tamil. These abusive comments often escape the notice of Facebook, YouTube and Twitter moderators.
NWMI asks that social media platforms find ways to quell harassment in regional languages, whether with multilingual moderators or better translation algorithms.
Journalists across the world face threats and insults on social networks, from ordinary trolls or professional ones, in an obvious attempt to silence them. Some Indian political leaders have lauded these trolls as “warriors” and have endorsed their synchronised attacks by following their accounts or even offering them positions in their political parties.
Online harassers especially target investigative and female journalists. Doxing endangers reporters and their families. Its psychological effects on the victim and other journalists can lead to self-censorship or leaving social networks which have today become essential to journalistic work. Such online harassment can act as a deterrent to journalists, preventing them from doing their duty.
Our demands:
Chennai police must immediately begin credible investigations into the complaint. Facebook must promptly take down obscene posts and remove the profiles of serial abusers. Social media platforms must develop effective moderation procedures that enable quick action on such online attacks, especially on women journalists and those from disadvantaged social groups.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Gender Based Harassment, Intimidation and Threats, Online Attack and Harassment
- Rights Concerned
- Online, Right to healthy and safe environment, Right to privacy, Right to protect reputation
- HRD
- Media Worker, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Sep 17, 2020
- Country
- India
- Initial Date
- Aug 25, 2020
- Event Description
The Delhi Police on Tuesday arrested Sharjeel Imam in connection with the riots in the city in February, Indian Express has reported. Imam has been booked under sections of the stringent Unlawful Activities Prevention Act (UAPA).
Booked under the sedition law for a speech in which he had called for a chakka jam, Imam was arrested from Bihar�s Jehanabad on January 28.
He was brought to Guwahati from Delhi in January and has been in Guwahati Jail since then. On July 22, Sharjeel tested positive for COVID-19 and was among 435 inmates of the jail who did so.
He was brought back to Delhi from Assam on Sunday on a production warrant, Express has reported.
Imam, a PhD scholar at the Jawaharlal Nehru University and an IIT alumnus, had been actively involved in the Shaheen Bagh protest against the Citizenship (Amendment) Act.
In late April, Delhi Police has booked Imam under the UAPA in connection with the protests against the Citizenship (Amendment) Act near Jamia Millia Islamia in December last year.
Imam has been booked under section 13 (unlawful activities) of the Act in the case, his counsel advocate Mishika Singh had said. The lawyer said the charge has been invoked to delay his release.
The police had earlier charged Imam with sedition, alleging his speech promoted enmity between people that led to riots.
�He was arrested in two cases of violence at Jamia on December 13 and 15, 2019, for instigating and abetting the Jamia riots, due to his seditious speech on December 13 and based on evidences collected, IPC sections 124 A and 153 A were also invoked,� Anil Mittal, additional PRO, Delhi Police had said then.
In late June, 13 United Nations independent experts called on India to immediately release activists who were arrested for protesting against the Citizenship Amendment Act. In a statement issued from Geneva, it had named Imam among others.
The Delhi high court in early July said there were �good and justifiable grounds� for extending the time to complete investigation against Imam in a case related to his allegedly �inflammatory speeches� during the anti-CAA protests. Justice V. Kameswar Rao had dismissed Iman�s plea challenging the trial court�s June 25 order granting three more months to the Delhi Police, beyond the statutory 90 days, to complete the case�s investigation under the UAPA.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 16, 2020
- Country
- India
- Initial Date
- Aug 25, 2020
- Event Description
Mr. Zakir Ali Tyagi(22)is a social activistassociated with several socialorganisations and hasbeen a part of several human rights fact-finding teamsin Uttar Pradesh.He has also been involved in peaceful anti-CAA protests. In 2017, NSA was filed on Mr. Tyagi regarding his Facebook post, critical of the UPChief Minister.Subsequently, he spent42 days in jailand is currently out on bail.Mr. Mithun Dikshit, the SHO of Parikshit Garh police station,was informed through a phone call by control roominLucknowthat the remains of some dead cows were lying in the forest of Aminabad village (Bada Gaon) Parikshit Garh. The SHO directedSub-Inspector Mr. Mahesh Singh Ranato investigatethe case.SI Mr. Rana went to the Aminabad forest and foundremains of a cowfrom the sugarcane fields of a farmer, Mr. Vipin. These remains were sent for forensic examination and an FIR was lodged against unknown people under Uttar Pradesh Prevention of cow Slaughter Act-1955, Section5 (Prohibition on sale of beef)and Section 8 -Penalty (1) (Whoever contravenes or abets the contravention of the provisions of Section 3, Section 5 or Section 5-A shall be punished with rigorous imprisonment for a term which may extend to seven years and with fine which may extend to ten thousand rupees).Onthe midnight of August 25, 2020, 15-20 policemen reached Mr. Zakir Ali Tyagi�s village Aminabad(Bada Gaon),KilaParikshit GarhinMeerut and entered his home without permissionor any prior notice. The policemenfrom Kila Parikshit Garh police station in Meerut,came in2-3 police jeeps, and somewere without uniform or official badges. Three non-uniformed policemen had covered their faces with black masks. They started to misbehavewithMr. Tyagi�s mother and sister-in-law.WhenMr. Tyagi angrily asked the police why had they entered his housewithout permission, the policeman replied that they had come to take him. They tookhim without any detention orarrest proceduresand when somevillagers opposed this, thepolice threatenedthem.In the morning of August 26,2020,some respected people of the village went to Kila Parikshit Garh police station and asked about Mr. Tyagi, but the constable told themto come later because�Inspector Sahab is sleeping right now�.However,the villagerswere unofficially told by a policeman that Mr. Tyagi is alleged to be involved in the Shaheen Bagh anti-CAA protests and thus won�tbe released. Around 11:15 am,Mr. Tyagi�s familyreceived a phone call from the Kila Parikshit Garh police stationthat he was being sent to jailfor being involved in cow slaughter and that they can comeand meet him.Mr. Tyagihad beendetained at the police station all nightand his family allegesthat he was abused and beaten up.We believe that Mr. Tyagi is ahuman rights defender and this is a completely fabricated case by thepoliceto target him for questioninggovernment policiesand taking part in the peaceful protests. There is no reason to associate Mr. Tyagi with slaughtering the cow. The carcass of the cow was notfound in his fieldsor near his house, nor was Mr. Tyagi�s name mentioned in the original FIR.According to the information available, the farmer on whose land the remains were found also told the police that Mr. Tyagi isinnocent.There is also no evidence that Mr. Tyagi had any connection with the incident in any form. Mr. Tyagi�sdetention and arrest from his home at midnight, by non-uniformed policemen without badges and in black masks and non-production of any document, flouted all laws and procedures on arrest mentionedin the CrPC, DK Basu and NHRC guidelines and raises serious questions.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Intimidation and Threats, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Blogger/ Social Media Activist, Community-based HRD, Family of HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 16, 2020
- Country
- India
- Initial Date
- Aug 16, 2020
- Event Description
Mr. Manish Kumar Soni(36), resident of Ambikapur, district Sarguja, Chhattisgarh,isasenior investigativejournalist and human rights defender. In his 17-years�career,he haswritten articles aboutcommon citizens, custodial deaths, Adivasisetc. In2016,Mr.Sonifollowed the custodial death cases in the Sarguja and documented how innocent Adivasiswerearrested and tortured to death in the custody. These articles were published indifferent national and state newspapers. Angered by these articles,a false case against Mr. Soni was lodged in Ambikapur Police stationu/s 353 and 186 2of the Indian Penal Code (IPC)and he is out on conditional bail.During the COVID lockdown too,he has video graphedmany irregularities in the health department work and published in different local web portal and social media.
OnMarch 25,2020, journalist Mr. Manish KumarSoniposteda Facebook post with photos of security forces who had died in naxal attacks which said:Look at the caste and community of the killed and the identification of the killers. All will turn out to be from the same community. Now try and understand those who are getting them killed. You will get the answers. The jungles can only be captured by getting the Adivasisto fight against Adivasis.
On August 16,2020, the Assistant Sub-Inspectorof Ambikapur police station, Mr. Rakesh Yadav lodged an FIR(No. 33354002200463) under IPC Sections 153(a)(promoting enimitybetween classes), 153(b)(imputations, assertions prejudicial to national integration) and 505(2) (false statement, rumours, with an intent to create enimity) against Mr. Soni for the above-mentioned Facebook post. The FIR statesthat the police had received a written complaint against Mr. Soni fromMr. AlokDubey,local ward member and also associated with the BJP,regarding �a provoking post�byMr. Soni which was a threat to national integrity. According to the complaint, Mr. Soni�s Facebook post insultedthe Adivasi community and createdhatred towards the security forces in the mindsof the ordinary citizen and affects national unity and integrity.Though the police have not yet arrested Mr. Soni, he has been getting repeated calls,harassing and intimidating him,since the FIR has been filed. The HRD allegesthat local policemen have threatened himthat �if you keep doing such things, you will be encountered and even your dead body will not be found.�He wascalled to the police station by the SP Mr. Tilakram Koshimaa week after the FIR was filed, whoquestioned his credentials as a journalist and warned him to stay away from writing aboutthe police and custodial killings. Mr. Soni evencalled the IG Police, Mr. Ratanlal Dangi for help, who said he doesn�t know anythingabout the case, but that the district policemen will handle the work and you should leave �all this.� He was also warned by the Deputy Protection Officer of the court to take anticipatory bail or the police may arrest him anytime.We believe thatMr. Soniis beingthreatened andintimidated for his work as a journalist for hisprevious record of exposing custodial killings as well as writing thepostrelated to Adivasis.It is a matter of grave concern that police officials are giving threats of fake encounters and arrests to citizens and journalists. A free media is an extremely important fourth pillar of the Indian democracy. Our Constitution gives every citizen including journalists the right to exercise freedom of speech. These FIR and intimidation tacticsused by functionaries in power are proof of a vendetta against Mr. Manish Kumar and absolutely violate his right to freedom of speech and expression under Article 19(a) of the Indian Constitution. Freedom to expression is crucial to the work of HRDs. The right to freedom of opinion and expression encompasses three different aspects: 1) the right to hold opinions without interference; 2) the right of access to information; and 3) the right to impart information and ideas of all kind. On the aforesaid it is stated that Declaration on Human Rights Defenders seeks to protect the monitoring and advocacy functions of defenders by recognizing their right to obtain and disseminate information relevant to the enjoyment of human rights.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death threat, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Sep 16, 2020
- Country
- India
- Initial Date
- Jul 17, 2020
- Event Description
Several civil society members across the country issued a statement on Friday in support of an Ahmedabad-based anti-Citizenship Amendment Act (CAA) activist who was issued a show-cause notice for externment in July, for his alleged involvement in criminal activities.
Kaleem Siddiqui (39) a resident of Bapunagar, was one of the organisers of the two-month-long Shaheen Bagh-like anti-CAA agitation in Rakhial of Ahmedabad. The protest which started on January 14 was called off on March 14 due to the Covid-19 pandemic.
On July 17, the office of M A Patel, Assistant Commissioner of Police (A division), Ahmedabad Police, had sent a show-cause notice to Siddiqui stating that the police department was contemplating to extern him for two years from Ahmedabad, Gandhinagar, Mehsana and Kheda.
Siddiqui on July 30, had presented himself before the police and denied the allegations made against him, in a written response.
Expressing solidarity, the civil society signatories to the statement, which include historian Ramchandra Guha, former Amnesty International head Aakar Patel, independent MLA Jignesh Mevani, retired ambassador of India Madhu Bhaduri and others, have stated that the police’s action appears to be an attempt to “silence dissent by civil society actors and the Muslim community,” and is “condemnable and unwarranted.” They have sought that the notice must be revoked immediately.
Siddiqui also filed a plea in Gujarat High Court, challenging the show-cause notice for externment issued against him, while seeking a stay on the operation of it, pending hearing and disposal of the matter.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment, Intimidation and Threats
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 31, 2020
- Country
- India
- Initial Date
- Jul 22, 2020
- Event Description
Mr. Gajendra Singh isa journalist based in Churu district for around five years,working for First India Newsfor last two years. He reports from Sardarshahar Tehsil on all matters. On July 22, 2020, in Sardarshahar of Churu district, the residents of Kaka Colony went inside the office of the executive engineer of the city's water department Mr. Govind Prasad Sharma to give a memorandum for concerns related to water. Mr. Sharma allegedly told the residents that requestwill not be metat which point the residentsof Kaka Colony asked the executive engineer to give the same in writing. At this point, Mr. Sharma allegedly started misbehaving and started abusing the residents telling them to get out of his office. He allegedly threatened the residents that he would take action on grounds that they were crowding in his office and not maintaining social distance.Mr. Gajendra Singh was accompanying the residents of the colony at their request. Before coming to the office of the executive engineer, they had given a similar memorandum at the Sub Divisional Magistratewhose proceedings had been recorded by Mr. Singh. Here too,Mr. Singh started recording the proceedings. Mr. Sharma demanded that Mr. Singh stop recording and even threatened tocharge him with obstructing a public servant, if he didn’t stop. He then pushed the journalist and even triedto snatch themobilewith which Mr. Singhwas recording. When the residents left the premises,Mr. Singh decided to take Mr. Sharma’s view to ensure that hisreporton the incident has both sides. At this point, Mr. Sharma again assaulted Mr. Singh and pushed him outside the premises.Both instancesof assaults and abuses were recorded on camera and there is also CCTV footage that has recorded the incident.The same was aired by news channels.Mr. Singhhas submitted a written complaintto the Sub Divisional Magistrateof Sardarshahar, Ms. Rina Champa,on the same eveningof the incidentwho stated on record that an inquiry will be initiated. However, there has been no inquiry report, nor has any action been taken against Mr. Sharmawhocontinues to hold his office.We are greatly concerned with this blatantmisuse of powerand criminal assault of a journalist by a government employee who was a coveringnews of a delegation for redressal of citizensgrievances.This is also a clear abuse of power by a public servant against the public they serve. It appears that the Executive Engineer was provoked by seeing Mr. Singh recording his abuse ofthe citizens and thus physically assaulted him. This is not only a criminal act, but an action to prevent a journalist from their right to obtain information in public interest. Our Constitution gives journalists the right to exercise freedom of speech and expression under Article 19(a) of the Indian Constitutionwhichis crucial to the work of HRDs, including journalists. The right to freedom of expression encompasses three different aspects: 1) the right to hold opinions without interference; 2) the right of access to information; and 3) the right to impart information and ideas of all kind. On the aforesaid it is stated that Declaration on Human Rights Defenders seeks to protect the monitoring and advocacy functions of defenders by recognizing their right to obtain and disseminate information relevant to the enjoyment of human rights.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Aug 31, 2020
- Country
- India
- Initial Date
- Aug 3, 2020
- Event Description
Delhi University professor Apoorvanand was questioned by the Delhi Police Monday in connection with the Northeast Delhi riots that broke out in February this year.
The professor said his phone has been seized by the police for investigation.
“On Monday, 3 August, 2020, I was asked by the Special Cell, Delhi Police to appear before it in the investigation into FIR no 59/20 related to the violence that happened in NE Delhi in February 2020. I spent five hours there. The Delhi Police also considered it necessary to seize my phone for the purpose of investigation,” Apoorvanand said in a statement issued Tuesday.
Apoorvanand’s phone hasn’t been returned by the police yet.
He told ThePrint that while he was there at the station for five hours, he was questioned for around 3 hours.
“There was violence and, hence, we must all know who the real perpetrators were, it’s only in the best interest of the nation that they are found and the truth established,” Apoorvanand said when approached by ThePrint for a comment.
The DU professor said in the statement that the police shouldn’t harass, and victimise protesters and their supporters who opposed, through Constitutional means, the Citizenship Amendment Act, National Register of Citizens and the process to create a National Population Register.
Apoorvanand, who teaches Hindi at Delhi University, added that he hoped the Delhi Police’s probe into the violence that killed 53 and injured around 250 others will focus on the “real instigators and perpetrators against a peaceful citizens’ protest and the people of North East Delhi”.
When ThePrint reached Delhi Police, its public relations officer Eish Singhal said: “Apoorvanand was called with regard to the Northeast Delhi riots case investigation. He was summoned through a notice. His phone has been taken by the investigating team for a probe.”
Asked when his phone would be returned and if he would be summoned again, the PRO declined to comment. ‘Home Minister, PM treated CAA protesters like enemies’
Urging the police to conduct a just and fair investigation into the violence, the professor said in his statement that it is disturbing to see a “theory” emerging that treats the “supporters of the protesters as the source of violence”.
Speaking to ThePrint, he further said: “What we see is that the February violence ultimately resulted in the disruption of all protest sites that were holding strong since the last two months. Assuming that the protesters whether in Shaheen Bagh or in other places would take such a suicidal step to destroy themselves is absurd.”
He added, “The only thing that these protesters wanted was for the government to hear their concerns and cries, while recognising the legitimacy of the government. In return, the government functionaries, the Home Minister, the Prime Minister and other BJP leaders treated them like enemies and launched a smear campaign against them. They pitched them as being against another section of the society.”
The DU professor also said the whole investigation into the riots has been turned on its head.
“Protests are never against other sections of the society, but this time we saw that misinformation and hate was launched against those showing dissent,” he added.
“Never in the history of independent India has any protest been attacked by other sections of the society. But this time, we saw gangs attacking the protests on behalf of the government. They were legitimised by the state. The point is that we cannot give others the licence to do that with protesters who wanted the government to hear them out,” he added.
On the Delhi Police’s interrogation report that mentioned former AAP leader Tahir Hussain and former JNU student leader Umar Khalid, the DU professor said this is not the natural course of justice.
“It is against the principle of natural justice to publicise something attributed to a person who is in no position to confirm or deny the statement of the police,” Approvanand said.
“We earnestly hope that the professionalism of our investigative agencies is employed in finding the real perpetrators and source of violence, which targeted mainly the protesters and the people from the Muslim community,” he added.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Online
- HRD
- Academic
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 27, 2020
- Country
- India
- Initial Date
- Jul 28, 2020
- Event Description
A special court here on Friday remanded Delhi University (DU) associate professor Hany Babu, arrested in connection with the Elgar Parishad case, in judicial custody till August 21.
Hany Babu Musaliyarveettil Tharayil, 54, associate professor at the Department of English of the university, was arrested by the National Investigation Agency (NIA) on July 28 for his alleged involvement in the case.
He was sent to judicial custody by special court judge D E Kothalikar at the end of his NIA remand on Friday.
Earlier, the NIA had submitted before the court that the accused had links with the CPI (Maoists).
The case relates to the alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which the police claimed triggered violence the next day near the Koregaon-Bhima war memorial located on the outskirts of the western Maharashtra city.
The Pune police filed a charge sheet and a supplementary charge sheet in the case on November 15, 2018 and February 21, 2019, respectively.
The NIA took up the investigation in the case on January 24 this year.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Academic freedom, Offline, Right to liberty and security
- HRD
- Academic
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: another academic arrested on spurious accusations
- Date added
- Aug 27, 2020
- Country
- India
- Initial Date
- Aug 17, 2020
- Event Description
Fourteen HIV-positive children at a shelter home run by a non-profit in Chhattisgarh's Bilaspur were allegedly dragged out by officials who had orders from the district administration to close the facility. CCTV footage shows a lawyer who has been representing the children against being shifted from the facility being pushed by officials.
A police case has been filed against the lawyer, Priyanka Shukla, after the incident at Apna Ghar where 14 children between four and 18 years old have been staying. The police said Ms Shukla started a fight with the officials who had gone to shut down the facility.
When NGO staff Deepika Singh asked for a copy of the order to shut down the facility, the officials started manhandling her, dragged out the children and refused to give a copy of the eviction order, Apna Ghar director Sanjeev Thakkar told NDTV on phone. He shared audio recordings of the children calling him and complaining of alleged misbehaviour by the officials.
Women and Child Development Department officials, accompanied by the police, had gone to the facility.
Bilaspur senior police officer Prashant Agrawal denied the officials manhandled the lawyer or the children. "The officials acted as per the orders of the collector. It was the lawyer Priyanka Shukla who got into a brawl with the officials, who suffered bruises. Shukla was arrested on a complaint by Women and Child Welfare Officer Parvati Verma," Mr Agrawal said.
The NGO's director Sanjeev Thakkar said Apna Ghar is Chhattisgarh's only shelter home for HIV patients run by a non-profit. He said he has been running the shelter home for several years with volunteers. A police case has also been filed against Mr Thakkar, who said he was not at the building when the incident happened.
With a high monthly expense of ₹ 75,000, Mr Thakkar said they decided to apply for a grant from the Women and Child development Department, adding their troubles started soon after that.
Mr Thakkar alleged some officials demanded a "30 per cent commission" from the grant, and when he refused, the officials checked the shelter home and claimed they have found certain discrepancies and recommended cancellation of the NGO's registration and shifting of the children.
Mr Thakkar said when they met with Women and Child Development Minister Anila Bhediya, the minister asked questions like how did the children get infected with HIV.
The matter then reached the Bilaspur High Court, which ordered the collector to hear Apna Ghar and take a decision. In March this year, collector Sanjay Alang ordered officials to shift the children. In his order, he said a second report has also cited irregularities at the shelter home.
The children said they don't want to leave Apna Ghar citing discrimination they had faced even in the company of their relatives and at government-run shelter homes.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Lawyer, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 26, 2020
- Country
- India
- Initial Date
- Aug 11, 2020
- Event Description
On the afternoon of 11 August, a mob assaulted three journalists working with The Caravan, in Subhash Mohalla, in northeast Delhi�s North Ghonda neighbourhood. The journalists were reporting on a story concerning a Delhi violence complainant. For around an hour and a half, the journalists�Shahid Tantray, Prabhjit Singh and a woman journalist�were under attack, subjected to communal slurs, threatened with murder, and sexually harassed. The journalists were taking photographs of saffron flags that had been tied in the area, when some men approached them and told them to stop. One of the men, who was wearing a saffron kurta and had a bandage on his arm, identified himself as a �BJP general secretary.� He asked Tantray for his identity card. The mob launched their attack upon realising that Tantray was Muslim. During her attempt to get away from the attack, the woman journalist faced sexual harassment from a middle-aged man who exposed himself to her. Later, the mob attacked her as well. To ensure the safety of the journalist, The Caravan is concealing her identity.
The attack began at around 2 pm, when a mob of locals�men and women�surrounded the journalists, and then began assaulting them after learning of Tantray�s Muslim identity. During the attack, the woman journalist extricated herself to get out of the lane through a gate. The mob soon locked the gate behind her, capturing the other two journalists inside. As the attack was ongoing, the woman journalist pleaded with the attackers to let her colleagues go, a man with a crew-cut hairstyle, who had rakhis tied around his wrist, pulled at her clothing to try and drag her inside. The woman journalist ran from the lane to a neighbouring one. As she sat on a slab to compose herself, young men surrounded her. The men, who looked to be in their early twenties, began taking photos and videos of her, and �making cheap and lewd comments and started saying �Dikhao, dikhao����Show, show.� The woman journalist recounted these events in a detailed complaint to the police, filed immediately after the incident.
As she walked away, �a middle-aged man in a dhoti and a white t-shirt, with a bald head and a slim pony-tail stood in front of me,� the woman journalist noted in her complaint. �He then opened his dhoti and exposed his genitals while looking at me. He proceeded to shake his penis with his hand and started making objectionable and lewd expressions, while laughing at me.� After running away from the man, she received a call from Tantray, asking her to come to the Bhajanpura police station. By that time, Tantray and Singh were being taken to the station by the police. As she was asking for directions to the station, the mob found her again and beat her.
At the lane where the attack had begun, Singh recounted that a crowd of around twenty people had already assembled at the area even before the saffron-clad man asked to see Tantray�s ID card. He informed the crowd that the three journalists were members of the press and were not doing anything illegal. �We are only taking photos of the lane, not inside anyone�s house,� Singh told the crowd. �Any journalist would take these photos if they saw so many saffron flags.� But the crowd did not relent. The man in saffron told them, �Tumhari tarah fattichar patrakar bahut dekhe hai��I have seen many wretched journalists like you. �Main BJP general secretary hun, humaara kuch nahi bigaad sakte tum��I am a BJP general secretary, you can�t do anything to us.
Tantray said that when the man saw his name on the press card, he exclaimed, �Tu toh kattua mullah hai��he identified Shahid as Muslim, and used �kattua,� meaning circumcised, and �mullah,� meaning a Muslim man. Both terms are commonly used as slurs against Muslims. The man immediately began calling other locals, and within minutes, the crowd had swelled to around fifty people. �The crowd became really aggressive and numbers increased rapidly after seeing Shahid�s ID,� Singh said. They began hurling communal abuses at Tantray.
For nearly ninety minutes, the mob surrounded the two journalists and shouted communal slurs at Tantray, while also repeatedly and aggressively manhandling, slapping and kicking him. When Singh tried to intervene, they kicked him as well. The mob threatened to break the camera the journalists were using, at which point Tantray offered to delete all the pictures he had taken. The woman journalist, who had escaped from the lane to the other side of the gate, had taken the camera from Tantray, fearing that the mob would break it. After the mob permitted him to move till the gate to take the camera, she handed it back to him, over the gate. He deleted the photos. When the mob persisted with its threats to break the camera, Tantray was forced to give up its memory card. But the mob did not relent, and continued to hit the journalists. �They strangled me with the strap of the camera while others hit me,� Tantray said.
In the police complaint, Singh noted that members of the mob screamed, �Mullah saala kattua� and �Saale jaan se maar denge��We will kill you, fucker. Then, two police men arrived at the scene�an additional sub-inspector, Zakir Khan, and a head constable, Arvind Kumar. �They tried to intervene and pacify the violent, abusive mob,� Singh noted in his complaint. �But the man in the saffron kurta started provoking the women against us. Two women began snatching Shahid�s camera. The mob was uncontrollable despite the presence of policemen.�
Ultimately, more police officials arrived at the scene and they were able to take the two journalists away from the mob. Even as they were being taken away, members of the mob protested. One of them shouted out, �How can you take them away like this?� A police official responded, �We�re taking them to the station. We�ll question them there.� Tantray and Singh were then taken to the Bhajanpura police station, where they wrote a complaint about the incident. In it, Singh observed, �Had I not been there, the mob led by that saffron kurta clad man would have lynched Shahid for his Muslim identity.�
It was after the police took the journalists away from the mob that Tantray had phoned the woman journalist. The mob found her as she was attempting to find her way to the Bhajanpura station. She noted in her complaint that when she was asking for directions to the station, she �saw a mob of 3 women and 2�3 men, pointing towards me and charging in my direction. I started running away. As I was running, I fell, and the mob caught on to me.� The attackers immediately began pushing her around while beating her. �All of them started hitting me on my head, arms, chest, hips.� She recognised the man in the saffron kurta by the bandage on his arm. She had seen him as part of the mob earlier as well.
As the mob continued to attack her, the woman journalist saw a policeman and rushed to him. �This policeman tried to trivialise the situation and told us to resolve the dispute verbally, among ourselves,� she recounted in her complaint. As she pleaded with that policeman for help, another official approached the spot. The second policeman took her to Bhajanpura police station, where she filed a complaint.
The three journalists were conducting follow-up reporting on a recent article by Singh and Tantray, about a woman complainant in a case related to the Delhi violence, who had accused police officials at the Bhajanpura police station of beating and sexually assaulting her and her 17-year-old daughter on the night of 8 August. The complainant had visited the police station that night to seek the registration of a first information report against a complaint they had filed two days earlier. On the intervening night between 5 and 6 August, Hindus from the locality had raised communal slogans and tied an RSS flag at the gate to the Muslim side of the neighbourhood as part of their celebration of the stone-laying ceremony for the Ram temple at Ayodhya. The police gave the women a signed copy of the complaint, but when the women demanded a first information report, police personnel thrashed and sexually assaulted the complainant, her daughter and another woman.
The police personnel at the Bhajanpura station refused to register FIRs against the complaints filed by the journalists as well. Ashok Sharma, the Bhajanpura station-house officer, told The Caravan�s staffers that the locals accused of assaulting the journalists had also filed a complaint, and that the police would need to examine both sides� complaints before registering an FIR. It is unknown what allegations the locals raised in their complaint. Since the violence and even during the national lockdown to curtain the spread of the coronavirus, The Caravan has been at the forefront of reporting on the targeted attacks on Muslims during the Delhi violence, and the police complicity in the same. In a series of investigative reports on complaints by Muslim residents that the police had not acted on, published in June and July, Singh reported that BJP leaders and senior police officials had been accused of participating or orchestrating the violence. In a video story, Tantray, alongside another journalist, reported the testimony of a Hindu rioter who spoke candidly of committing arson and assault on Muslims during the violence, and noted that the police had encouraged Hindu rioters to attack Muslims. In another report for The Caravan, Tantray and a colleague reported the story of a Muslim man who lost one eye to a bullet injury during the violence, and the gaps in the Delhi Police�s investigation into the case. We are committed to continuing our coverage on the communal violence in northeast Delhi.
- Impact of Event
- 3
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Death threat, Gender Based Harassment, Intimidation and Threats, Vilification, Violence (physical)
- Rights Concerned
- Freedom of movement, Offline, Right to healthy and safe environment, Right to protect reputation
- HRD
- Media Worker, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Aug 4, 2020
- Event Description
Sankalp Neb, a journalist from Saharanpur, Uttar Pradesh, was booked for allegedly sharing an unverified Twitter post that suggested negative Covid-19 reports had been manipulated with a positive spin by district health authorities. The International Federation of Journalists and its Indian affiliates the Indian Journalists� Union (IJU) and the National Union of Journalists India (NUJ-I) condemn the harassment of Neb and call for the withdrawal of the complaint.
The tweet screenshot shared by the journalist Neb in a WhatsApp group on August 2 mentioned that Covid-19 negative reports were intentionally shown positive in the interest of private hospitals in the district. The screenshot further accuses the district health authorities hatching conspiracies to serve private hospital interests to receive government funding. It alleged the suspected involvement of the district�s Chief Medical Officer (CMO), BS Sodhi, in the �scam�.
The chief medical officer filed a complaint against the journalist on August 3. The First Information Report (FIR) registered under various sections of the �Epidemic Disease Act� and the �IT Act� accuses the journalist of defaming authorities without any substance.
Neb claimed that he merely re-posted the screenshot. He also advised he had been previously targeted for his past news reports that were critical to the state�s administration.
Neb is one of an increasing number of journalists in India being targeted for stories critical to the government�s handling of Covid-19. Under the cover of the pandemic, the Indian government has introduced restrictions on expression, resulting in a growing number of legal cases and summons against journalists in India.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Online
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jul 17, 2020
- Event Description
Assam Police on Friday announced a CID investigation into the arrest of a journalist Rajib Sarma, taken into custody on charges of misbehavior with the wife of a district official.
The DY365 channel journalist was arrested from his residence in Assam�s Gauripur at 2 am on Thursday, hours before his 64-year-old father passed away due to cardiac arrest. Following an uproar over his protest, the district superintendent of police and the divisional forest officer (DFO) were transferred, PTI reported.
Sarma was granted interim bail on the same day as his arrest, however he reached home to find that his father had passed away, NDTV reported. �I have not even seen his (Roy�s) wife. I have not even spoken to her. This is a conspiracy on the part of the existing nexus between influential people who are involved in these illegal activities,� Sarma had said after being released.
Sarma did a series of news reports claiming that cattle smuggling in Dhubri district was thriving on the alleged nexus between the DFO and district police. "The case of the arrest of a local journalist of electronic media has been transferred to the Criminal Investigation Department for a proper probe," Additional Director General of Police (Law and Order) GP Singh told reporters on Friday.
Meanwhile, Dhubri DFO Biswajit Roy had lodged a police complaint against Sarma accusing him of extortion and misbehaving with his wife. He has been charged under sections 389 (putting person in fear of accusation of offence, in order to commit extortion), 384 (punishment for extortion), 385 (putting person in fear of injury in order to commit extor�tion), 354 (assault or criminal force to woman with intent to outrage her modesty) and 506 (punishment for criminal intimidation) of the Indian Penal Code
On Friday, a local court granted Sarma an interim bail to complete the last rites of his father. The ADGP said the Vigilance and Anti-Corruption Cell will be investigating the DFO's case separately and it will be unrelated to the criminal case against the journalist. Dhubri district forest officer Roy alleged Sharma attempted to extort Rs 8 lakh from him on the basis of fabricated news regarding his involvement in a cattle smuggling syndicate.
Singh also said that a Special Investigation Team (SIT) will be formed to inquire about the role of Dhubri district police in cattle smuggling cases in the last two years. "I have done the preliminary inquiry today and will submit my findings to the DGP and the chief minister by tonight," the police officer said.
Apart from bringing the issue to the National Human Rights Commission and Press Council of India�s attention, DY365 channel has also decided to move the Gauhati High Court, according to The Wire. Atanu Bhuyan, consulting editor of DY365, said, �Our decision to move the high court is final. It is not fair that a journalist is whisked away by the police in the late hours, like a common thief. His father died out of shock. Only Rajib and his father lived together in the house. When Rajib was taken away, the neighbours found the doors open the next day. His father was already dead; it is believed he died of shock.�
A BJP delegation met Chief Minister Sarbananda Sonowal and submitted a memorandum denouncing the arrest and seeking an impartial probe into the case. The Guwahati Press Club too sought the chief minister's intervention in the matter so that the scribe's family is not harassed unnecessarily. "We want the CM to intervene and ensure that Mr Sharma is not harassed in the name of investigation," president Manoj Kumar Nath and secretary Sanjay Ray of the press club said in a statement.
Meanwhile, the Assam government transferred Dhubri Superintendent of Police Yuvraj to 1st Assam Police Battalion at Ligiripukhuri as its commandant. Charaideo's SP Anand Mishra replaced him. The Environment and Forest Department also transferred Roy to the Genetic Cell Division in Guwahati. The current DFO of the Genetic Cell Division, PV Trimbak, will be posted to Dhubri, according to an order.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jul 17, 2020
- Event Description
Poet and Elgar Parishad case accused P Varavara Rao, who had on Thursday tested positive for Covid-19 after he was shifted out of jail to a hospital, was moved to Nanavati Hospital from St George�s Hospital on early Sunday.
Dr Akash Khobragade, medical superintendent of St George Hospital, said that around 1am, Rao was shifted to Nanavati Hospital for further neurological and urological management. Khobragade confirmed that Rao doesn�t have complications related to Covid-19.
Earlier, Mumbai Police sources had confirmed that 81-year-old Rao, who was first moved out of Taloja Jail to Sir JJ Hospital last week, would be shifted to the private hospital. The decision from the state government came a day after the National Human Rights Commission (NHRC) issued notices to the Maharashtra government on Friday to ensure the health condition of Rao, arrested by the National Investigation Agency (NIA), is taken care of and adequate medical facilities are arranged. Rao was shifted to Sir JJ Hospital on July 13 after his health started deteriorating.
NHRC, based on a complaint from the special monitor of the commission, Maja Daruwala, had issued a notice to the chief secretary and the director-general of prisons of Maharashtra state, asking for a report on the health of Rao within two weeks. It was mentioned in the complaint that Rao was suffering from many ailments, owing to which his health condition was deteriorating.
Taking cognisance of the matter, the commission observed that the right to life and medical care is one of the basic human rights and the state is duty-bound to provide a prisoner who is in its custody appropriate medical care so that there should be no danger to his life.
The commission has also directed the state to constitute a medical board to examine the health condition of Rao and to see whether the treatment being provided to him is appropriate. The commission has mentioned that the board is expected to decide as to which hospital, whether government or private, will give best medical treatment to Rao. NHRC had also asked the state to provide Rao the best possible treatment in a private hospital and also to ensure to bear all the expenditure for his treatment.
Rao was first taken to JJ Hospital on May 28 after he fell unconscious, but was discharged on June 1. The family had alleged that Rao was discharged in a hurried manner to obstruct his bail plea. �He was not normal at the time of discharge. While sodium normal range was 134-145, he attained only 133 and potassium normal range was 3.5 to 5.0, he attained only 3.55, according to the hospital�s own discharge summary. But, later on June 2 it was proved that all this � admission in hospital, getting a normal report, getting him discharged � was part of a conspiracy by the police. June 2 was the date of hearing on his bail application on health grounds in NIA special sessions court and police argued against his bail showing this hospital �normal� report. The judge accepted that and refused bail on June 26,� read a statement from the family.
Later, Rao continued to show signs of delirium and after objections from various quarters, Rao was admitted to JJ Hospital again on July 13. On Thursday, Rao tested positive for Covid-19 and was shifted to St George�s Hospital. Rao�s bail plea in the Bombay high court (HC) will be heard today.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- #COVID-19, Right to health
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jul 13, 2020
- Event Description
Mr. Surendran Natarajan, Mr.Senthil Vasan, Mr. Somasundaram (also known as Sundar) and Mr. Gagan are journalists based in Chennai who work for the YouTube channel Karuppar Koottam which is being webcasted from the past two years from Chennai. The channel creates social awareness videos against superstitious beliefs, women rights and Dalit rights. On July 13, 2020, Mr. Paul Kanagaraj RC, Ex-president of Madras High Court Advocate Association, who is also the founder of the political party Tamil Maanila Katchi, filed a police complaint against the Youtube channel Karuppar Koottam for their 7-month-old video on �Kanda Sashti Kavasam�. The video was about the religious chants for the Hindu deity Muruga, and in their review the channel said that the chants were irrational and objectifies women�s bodies. An FIR 249/2020 was registered under IPC Sections, 153 (Wantonly giving provocation with intent to cause riot), 153 A (1) (a), (Promoting enmity between classes), 295A (Maliciously insulting the religion or the religious beliefs of any class), 505(1) (b) (False statement, rumour etc,. circulated with intent to cause mutiny or offence against the public peace), 505 (2) (False statement, rumour etc.,with intent to create enmity, hatred or ill-will between different classes). On July 15, the police arrested Mr. Senthil Vasan from Velachery. On July 16, Mr. SurendranNatarajan who runs the channel surrendered to the Puducherry police. The next week Chennai crime branch arrested two more technicians Mr. Somasundaram and Mr. Gagan who were working for the channel. The video for which they are charged was deleted by the channel. The cybercrime police also deleted all the 500+ videos from the Karuppar Koottam YouTube channel which included videos on creating social awareness against superstitious beliefs, women empowerment, women rights and Dalit rights. No notice was given to the channel by the officials involved in the search at their office in T Nagar-Chennai, nor did the police have a search warrant. The YouTubechannel currently has no videos. On July 16, 2020, before Mr. Natarajan had surrendered, the ADSP Mr. Saravana Kumar along with 5 policemen and 1 police woman dressed in plainclothes searched Mr. Natarajan residence for any documents. Mr. Nataraajan�s wife, Ms. Abinaya was threatened and abused by Mr. Saravana Kumarduring the house search. At 4 pm Ms. Abinaya was taken to the commissioner officewithout any prior notice, where she was threatened by the ADSP Mr. Sarvana Kumar that she will be charged with an FIR. Fearing for his wife�s life, Mr. Natarajan surrendered to the police in Puducherry. We believe that this case is an example of the right to dissent and free speech being increasingly criminalised in India. This is a violation of Article 19(a) of the Indian Constitution which provides for free speech and power to express oneself to every citizen. Any individual has the right to review the historical events, stories, to express one�s view and understanding via social media. Freedom to expression is crucial to the work of HRDs. The right to freedom of opinion and expression encompasses three different aspects: 1) the right to hold opinions without interference; 2) the right of access to information; and 3) the right to impart information and ideas of all kind. The right to present arguments from a rationalist perspective, including the right to voicing atheistic views, has been upheld by High court judgements. Further, such a right is guaranteed by Article 51A (h) of the Constitution, which enjoins the development of the scientific temper, humanism and the spirit of inquiry and reform. This is also an example of the complete misuse of power by the cybercrime officials. There was no prior notice given to the channel for deleting all their videos, nor was a search warrant produced to search their officeor the home of Mr. Natarajan. The illegal detention and threats directed by the ADSP Mr. Saravana Kumar at the wife of one of the accused who was not involved in the case in any manner, is a clear example of how police violatelaws to achieve its malafide ends. We believe that the complaint filed by Mr. Paul Kanagaraj R C of the Tamil Maanila Katchi is politically motivated following the merger with the ruling BJP. The issue at stake has to do with the right to free expression. In a country where there exist diverse belief system, it is imperative that police follows the due process of law when filing an FIR. This is important in a context where the excuse of hurt sentiment, hate speech is let loose against those voicing their opinions.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- Family of HRD, Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jul 11, 2020
- Event Description
Mr. Raja Bhaiyya is a HRD and founder of an NGO - Vidyadham Samiti - working for human rights of the poor and deprived workers in Bundelkhand region of Uttar Pradesh since 2001. In the past his NGO has taken up the cause of exploitation of minor girls etc, rights of workers working in stone crushers etc. On July 07, 2020 Aaj Tak channel telecast a show on sexual exploitation of women and girls working in mines in Karwi at Chitrakoot which got huge public response. (https://youtu.be/FqkqAPoG3HE) On July 11, 2020, Mr. Raja Bhaiyya was sitting in his NGO office Vidyadham Samiti in Atarra, when a government car stopped in front of his office and some policemen entered the office without permission. The policeman told him that they were from Bharatkoop police station and that the Chitrakoot SP has called him. They did not give him a reason nor any notice or warrant and Mr. Raja Bhaiyya was forcefully placed in the police car like a criminal and presented at Chitrakoot SP Mr. Ankit Mittal's office at around 5 pm. SP Mr. Mittal asked Mr. Raja Bhaiyya questions like,�Who went with Mausami Singh? (Aaj Tak reporter who did the story). Why did he go to Dafai? Why did he come to Chitrakoot? Was he the source who told the journalist and took her to the area?� All questions were aimed at establishing his source of the news story done by the journalist on the exploitation of local women. Mr. Raja Bhaiyya replied that he knows Ms Mausami Singh since the past 5 years and she came to the region for a story and accompanied her to the Bharatkoop area since he goes there frequently. However he was not aware of what story she was filing because she talked to the women in that area without his presence. SP Mr. Mittal intimidated and threatened HRD Mr. Raja Bhaiyya that he will file a case against him under the SC/ST Act and the POCSO Act and that he is a criminal. SP then told the policemen standing there to put Mr. Raja Bhaiyya in a lockup. He was put in the waiting room and was called again after 15 minutes inside the SP office. First, the SP shouted at him for sitting without permission; then he accused Mr. Raja Bhaiyya of lying as his photo was in a video and that proved that he accompanied the journalist. SP Mr. Mittal then abused and threatened him with physical torture (ulta latka doonga) and asked the policemen to take him away and torture him with �a hunter�. At this juncture Mr. Raja Bhaiyya again clarified that he didn�t accompany the journalist where she conducted the interviews. The policemen took Mr. Raja Bhaiyya to the Sadar police station like a criminal. His wallet and mobile were taken by the police without any seizure document and he was put in a lockup with other detained persons. Around midnight, the CO of Sadar, called Mr. Raja Bhaiyya to a room. He repeated the questions asked by SP. He also accused Mr. Raja Bhaiyya of having intimate physical relations with the AajTak reporter and said that he will inform his wife. The CO also used vulgar and abusive words against Mr. Raja Bhaiyya who was humiliated in every manner possible. After an hour of interrogation, the CO said that a case is being filed against Mr. Raja Bhaiyya. The victim was further abused by the other policemen who refused to listen to any of his clarifications. He was sent back to the lockup where he had to spend the night. Mr. Raja Bhaiyya was not given anything to eat or even allowed to go to the toilet all throughout the night and was not allowed to call anyone for help. On July 12, 2020, at around 3 AM, the station in-charge gave him a plain paper and asked him to write that �he knew journalist Ms. Mausami Singh and she came here to report on how government schemes are reaching people. He accompanied her to Dafai, Bharatkoop but he had no knowledge about the news story that she had filed. He too found out about her story only when he saw the TV.� Mr. Raja Bhaiyya wrote as directed as this was the only way he would be released and was threatened with cases under the SC/ST Act and POCSO. He was released from lockup only at around 2 PM on July 12, 2020 � more than 24 hours of illegal detention. Following his release, he was repeatedly approached telephonically by various local authorities for his statement in the matter of the AajTak news report. However, he maintained that he will only respond to an official summon. He wrote the same to the Chitrakoot SDM on July 18, 2020. Following this, he was sent an official letter from the Chitrakoot SDM to appear in front of the inquiry team. On July 19, 2020, Mr. Raja Bhaiyya went to the SDM Chitrakoot and the SDM asked him similar questions and told him that �his inhumane treatment and detention by the police was valid as he was a liar�. However, he was let go after being made to sign a document. The actions of the district administration and police in this case are heinous, arbitrary and illegal. They reflect that the police are more interested in knowing the source of the story and hence harassed a HRD through misusing their powers, rather than investigating the crime of sexual exploitation of women. This shows the attitude of the government which is more inclined towards creating obstructions in the work of HRDs and journalists rather than taking steps towards the ongoing crisis. The illegality of the interrogation also exposes the malignant intention of the police and puts a question mark on the freedom of speech for HRDs in the state. The action of the police personnel is also violative of Article 19 of the Constitution which talks about freedom of speech and expression. An illegal detention and interrogation, subjecting an HRD to inhumane treatment in detention, by the police hinders the right of the citizen and the journalists to freely talk on issues of public interest. In the present matter, socially responsible reporting essential for society is being targeted by the police.
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jul 10, 2020
- Event Description
The chief judicial magistrate court in Araria district in Bihar has ordered the release of the 23-year-old gang rape survivor who had been sent to jail for breaking into a verbal argument with the magistrate of the Araria magistrate court while recording her statement.
On July 10, the woman and two social activists, who are also her primary caregivers, were arrested after Araria magistrate Mustafa Shahi found them in contempt. All three have been in jail since then.
Their arrest had led to a nationwide outcry and several senior human rights lawyers had written to the Chief Justice of the Patna high court seeking urgent relief. Magistrate Shahi was also accused of having been insensitive towards the gang rape survivor in his decision to send her to jail.
Taking note of the objection, the high court, on two occasions, had scheduled hearings. However, it eventually asked the lower court to expedite the bail hearings, which had been suspended due to the lockdown in Bihar.
At short notice, the lawyers representing the woman and two activists, Kalyani Badola and Tanmay Nivedita, both working with Jan Jagran Shakti Sangathan (JJSS), a non-profit organisation, were asked to attend a court hearing through video conference on July 17. The court granted bail to the survivor. Kalyani and Tanmay�s bail pleas were rejected.
Kamayani Swami from JJSS who had attended the hearing said that the public prosecutor had merely read out the FIR to oppose their bail application in the court. According to the FIR, the woman had requested that Kalyani be allowed to be by her side when her witness statement (under Section 164 of the Code of Criminal Procedure) was being recorded.
The FIR claims that the woman did not cooperate with the magistrate and had refused to sign the statement unless Kalyani and Tanmay had read what was written on it. The FIR also claims that the survivor had tried to �snatch� the papers from the investigating officer. All three have been accused of having been contemptuous towards the magistrate and the investigation officer.
While the JJSS activists have rubbished the claims made in the FIR, they pointed to the fact that the police have so far not done much in the actual case of the gang rape. �The woman was sexually assaulted by four persons and one person had abetted the crime. The police have only arrested the abettor, while the others are still at large,� said Sohini, who works with JJSS.
The woman was allegedly gang raped on July 6 and had approached JJSS activists to help in the legal fight. On July 7, upon completing her medical examination, her complaint was lodged. Kalyani, Tanmay and others from the organisation were closely monitoring the investigation in the rape incident. But suddenly, after the survivor�s arrest, focus had to be shifted into getting her and the other two out of jail.
The survivor, along with other two, have been lodged at Dalsinghsarai jail in Samastipur district � 250 km away from Araria.
Although the court ordered her release today, the order copy was not made available immediately. �We will have to wait until tomorrow [July 18] for the order and since the jail is so far away, we will have to make necessary arrangements to get there. The police have refused to help in this,� Swami said, further adding that the woman will have to spend at least a day more in jail.
As for Kalyani and Tanmay, the lawyers have decided to move sessions court. But since Bihar is under complete lockdown and work at the lower courts is completely suspended, they will have to wait until July 20 to challenge the order.
JJSS members have called the July 17 order unfair as the survivor and Kalyani have been accused of identical �crimes�.
There is no clarity on Tanmay�s role besides the fact that he had accompanied the survivor to the court. Tanmay is a transman and is presently lodged at the Dalsinghsarai women�s jail which was converted into a quarantine centre to accommodate women prisoners from all across Bihar.
�While they are both susceptible to infection, this incident has also exposed the structural injustices meted out to trans people in the criminal justice system,� Sohini said.
- Impact of Event
- 2
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- NGO staff
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jul 10, 2020
- Event Description
Assam activist Akhil Gogoi, who was lodged at the central jail in Guwahati, has tested positive for the coronavirus. Assam Inspector General of Prisons Dasarath Das told Scroll.in that the activist had tested negative earlier in an antigen as well as the confirmatory RT-PCR test but tested positive on Saturday in an antigen test.
He will be treated at the Gauhati Medical College Hospital, News18 reported.
Former chief of National Democratic Front of Bodoland (R), Ranjan Daimary, who is also housed in the Guwahati central jail, had tested positive on Friday. Das said that among the 15 inmates tested on Saturday, three were positive. Nearly 20 prisoners have reportedly tested positive for Covid-19 at the prison.
Reports about Gogoi falling ill had initially emerged in local media in the first week of July. He showed symptoms of Covid-19, it was said. His wife, Geetashree Tamuly, wrote in a Facebook post that she had learnt about his illness from news reports but knew no details about his condition. Soon afterwards, it was reported that Bitu Sonowal and Dhajya Konwar, two other KMSS activists who are also in jail, were showing symptoms. They had a fever, cough and body ache.
Advocates for Gogoi and his aides had filed a petition in a National Investigation Agency court, pleading that they be tested for Covid-19. The court ordered the jail authorities to ensure that they were tested and on July 9, it was reported that Sonowal and Konwar had Covid-19.
Gogoi, the founder of the Krishak Mukti Sangram Samiti, was arrested in December for leading a protest against the Citizenship Amendment Act outside the Jorhat deputy commissioner�s office. The NIA said that Gogoi has been booked for �waging a war against the nation�, conspiracy and rioting. Three days later, the NIA booked the anti-corruption and Right to Information activist under the amended Unlawful Activities Prevention Act � that empowers the government to designate an individual as a �terrorist� if he or she is found to be committing, preparing for, promoting, or being involved in an act of terrorism.
He was granted bail on March 17 by a special NIA court after the investigating agency failed to file a chargesheet against him within the specified period of 90 days. However, he was arrested again, just two days later.
- Impact of Event
- 3
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- #COVID-19, Right to health
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jul 8, 2020
- Event Description
Sharjeel Usmani, a student activist from Aligarh Muslim University, was arrested from his home at Azamgarh on Wednesday evening as the Uttar Pradesh police moved to turn the heat up on students and activists involved in protests against the Citizenship (Amendment) Act last December.
Usmani was picked up from his home town of Sidhari, Azamgarh. His brother said that at around 5 pm, five plainclothes people appeared at the doorstep of Usmani�s home, claiming to be from the crime branch. Asked why they were there, one of the men said, �You don�t need to know. Sharjeel knows why we�re here�, he said, pointing to Usmani, who was along with them, hands tied and head down. He had already been arrested when he was out drinking tea.
Without showing any identification, they demanded to see Usmani�s room. �They confiscated his laptop, all his books, and a solitary set of clothes. Each of us was made to stand and be photographed, stating our relation to him�, Usmani�s brother Areeb said. He also said no female officer was present, even though there were women, such as Usmani�s maternal aunt, who were also compelled to get themselves photographed.
�I refuse to believe it is an arrest. They did not tell us what charges were being pressed, they did not allow us to have any conversation with him�, said Sharjeel�s father, Tariq Usmani.
�As a parent, and more importantly, as citizens, we have the right to know�, said Sharjeel�s mother, Seema Usmani, almost in tears.
Aligarh police officer confirms arrest
While the Azamgarh police has made no formal statement about the arrest, Amar Ujala, quoting the district�s additional SP (crime) Arvind Kumar, has reported that the arrest was made by the anti-terrorism squad (ATS) of the Lucknow police and relates to the case filed in Aligarh last December.
Usmani was one of those who led protests against the CAA-NRC-NPR at AMU inside the campus. The police allege that the students threw stones and refused to disperse, claiming that 19 policemen were injured in the fray, after which they entered the campus with the university administration�s permission.
On their part, the students contest the police claim and say they were attacked inside the campus by the police which forcibly entered. A fact-finding report produced by a team led by Harsh Mander and Professor Chaman Lal has corroborated this claim, and accused the police of severe brutality, especially inside the Morrison Boys� Hostel, and said around 100 students were injured, at least 20 severely.
The FIR registered by the police named Usmani and several other current and former AMU students. They were accused of offences under various sections of the IPC, including 307 (attempt to murder), as also 147 (rioting), 148, 149, 153, 188, 189, 332, 336, 504, 506, section 7 of the Criminal Law Amendment Act, and Section 3 of the Prevention of Damage to Public Property Act.
Recently, the police have also filed a chargesheet, or final report, in the matter, which means the case will now go to trial.
Before he was picked up himself, Usmani had been a vocal critic of the targeting of other anti-CAA activists and students including Sharjeel Imam, Safoora Zargar, Umar Khalid, Aasif Iqbal Tanha, Chandrashekhar Ravan and Meeran Haider, who had been arrested under various acts such as NSA, UAPA, Goonda Act, and Sedition (IPC 124A).
He has been a contributor to news websites like Firstpost, DailyO and Newslaundry on issues relating to governance, democracy and minority rights.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Raid
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jul 2, 2020
- Event Description
Journalist Rana Ayyub took to Twitter Friday to share screenshots of the several rape and death threats she has been receiving on Facebook, Twitter and Instagram.
According to Ayyub, these threats began after she spoke out against the recent killing of Bashir Ahmed Khan, a 65-year-old Srinagar resident, who was caught in the crossfire between militants and security personnel in Kashmir�s Sopore region Wednesday.
The killing triggered a massive controversy in the Valley, and a photograph of Khan�s grandson sitting atop his corpse has also gone viral.
�Every time I write or speak on Kashmir, the hate is unimaginable. This time however I think they are doing it brazenly. Earlier at least they used to cover their words, use a language that isn�t specific, but this time they are being specific and aren�t scared of anything,� Ayyub told ThePrint.
On Friday afternoon, she had tweeted, �My timeline, my inbox is inundated with death and rape threats the last two days for speaking on Kashmir,� with screenshots of the threats by one Pranay Bhowmik.
One can see in the messages that Bhowmik has not only used extremely foul language but also issued a �rape threat�. He also hurled abuses at Kashmiris and Muslims.
In another screenshot, an account called �Hindu Rashtra� asked Ayyub to recall Gauri Lankesh � a journalist who was shot dead in 2017.
�My Facebook, Twitter and Instagram is completely filled with hate and threats. They are reminding me of Gauri Lankesh. Every time they do this, whenever I make a statement,� she told ThePrint
The threats reminding her of Lankesh�s death have been particularly nerve-wracking for her.
�I remember three days before Gauri died, she posted on my Facebook wall when I was receiving a lot of hate, telling me that I shouldn�t worry and that these people wont do anything. Three days later she was killed so there is always a sense of fear that what if online hate will go offline,� she added. Ayyub�s tweets on Kashmir killing
It all began when Ayyub, who is known for being critical of the Modi government, tweeted Wednesday on Khan�s killing in Jammu and Kashmir.
�When it comes to Kashmir, there are no humanists , just convenient nationalists,� she had written.
On Thursday again, Ayyub tweeted a quote of the deceased civilian�s wife blaming the CRPF for her husband�s death, published in the online news portal, The Kashmir Walla.
Ahmed�s family, in a video message released online, has accused the CRPF of dragging him out of his car and shooting him point blank.
However, Kashmir Inspector General of Police (IGP) Vijay Kumar in a press conference Wednesday rubbished the claims, saying that the family was driven by militant�s threats.
Ayyub had also quoted the child�s account of his grandfather�s death from a report by ThePrint in a tweet.
She had flagged similar reports and statements on Facebook and Instagram, also sharing an illustration of a CRPF jawan holding a child and walking over a dead body, on the social media platforms. Police takes cognisance
The Navi Mumbai Police has taken cognisance of the threats made against Ayyub.
An inspector from the Kopar Khairane Police Station, Abhijit Madke, paid her a visit at her residence within two hours of her tagging the Mumbai Police in her tweet thread.
�The inspector was comforting and asked me to record a statement tomorrow. I will be recording my statement tomorrow and handing over all the evidence including threats on Twitter, Facebook and Instagram. They have assured swift action,� said Ayyub.
Inspector Madke told ThePrint, �We are now taking into account the entire scene. Will reach the police station and brief seniors about the whole scene immediately. We start the investigation process from today itself.�
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Death threat, Gender Based Harassment, Intimidation and Threats, Online Attack and Harassment, Vilification
- Rights Concerned
- Online, Right to healthy and safe environment, Right to protect reputation
- HRD
- Media Worker, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jun 29, 2020
- Event Description
West Bengal authorities must immediately release journalists Suraj Ali Khan and Safikul Islam, as well as Islam�s wife, Alima Khatun, and drop all the charges against them and investigations into their work, the Committee to Protect Journalists said today.
At about 3 a.m. on June 29, police arrested Khan and Islam at Islam�s home in Arambagh, in the Hoogly district of West Bengal, for alleged extortion, and also arrested Khatun, their lawyers, Pintu Karar and Samim Ahammed, told CPJ over the phone.
Khan works as a reporter and Islam as an editor and owner at Arambagh TV, a news channel on YouTube that has about 130,000 followers, their lawyers said. Police also detained Islam and Khatun�s two children during the arrests, but later released them, Ahammed said. CPJ could not determine on what grounds police were holding Khatun.
The journalists� arrests were prompted by a complaint filed just after midnight on June 29 by a local resident, whose name was not disclosed, who alleged that Islam and Khan had photographed him cutting down a tree on government land, a criminal offense, on March 16, and then extorted money from him in exchange for not publishing the image, Ahammed said.
The journalists� lawyers told CPJ that they believe the arrests were actually retaliation for Islam and Khan�s reporting on alleged corruption in government funds distributed to private clubs amid the COVID-19 pandemic.
�The arrests of Arambagh TV editor Safikul Islam and reporter Suraj Ali Khan, as well as of Islam�s wife, are clear attempts to intimidate the journalists and force them to stop their critical reporting,� said Aliya Iftikhar, CPJ�s senior Asia researcher, in New York. �The three should be released immediately and all investigations into them dropped. West Bengal police must cease harassing journalists for their work.�
Karar and Ahammed told CPJ that they have moved their case to the state High Court after a lower court refused to grant bail, and said the next hearing is set for tomorrow.
If charged and convicted with extortion, the journalists could face up to three years in jail and a fine set by a judge, according to the Indian penal code.
According to documents reviewed by CPJ, the West Bengal police have also opened five other investigations into Islam and Khan in recent months. In two cases opened on April 28 and others opened on May 6, 13, and 14, police have investigated the journalists for alleged cheating, forgery, defamation, public mischief, criminal conspiracy, wrongful restraint, provocation that will break public peace, criminal intimidation, disobeying a public servant, obstructing a public servant in discharge of public functions, causing grievous harm to a deter public servant from his duty, and assault or criminal force to deter a public servant from the discharge of his duty, according to those documents.
Police are also investigating Khan and Islam for allegedly violating sections of the Disaster Management Law, which was invoked in March due to the COVID-19 pandemic, and for making false statements and printing or publishing news without conforming to rules under the Press and Registration of Books Law, according to those documents.
On June 2, the Calcutta High Court instructed the police not to take any coercive action against Islam or Khan in relation to the investigations, as the journalists assured the court that they would cooperate with authorities and would be physically present at the police station whenever summoned for questioning, according to Karar.
Islam and Khan followed the court�s instructions and appeared before the Arambagh police for questioning on June 10, Karar said.
CPJ emailed Hooghly Rural Superintendent of Police Tathagata Basu, who oversees the police responsible for the journalists� arrests, for comment, but did not receive any reply. In a press conference held on July 4, Basu denied wrongdoing on the part of police and claimed that Islam was being investigated for fraud and that Arambagh TV was run illegally, without government permission.
Ahammed told CPJ that no regulatory permission is required under Indian law to run an internet-based news outlet.
Previously, in early May, Arambagh TV posted two videos in which Islam and Khatun separately claimed that mobs of 30 to 40 people had surrounded their homes and threatened them over their coverage.
In June, the West Bengal police opened an investigation into the editor of Bengali-daily Anandabazaar Patrika following a complaint from a senior bureaucrat over the newspaper�s coverage of the COVID-19 pandemic, as CPJ documented at the time.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to liberty and security
- HRD
- Family of HRD, Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jun 29, 2020
- Event Description
On the June 29, journalist Hofe Dada was confronted and assaulted while filming a piece on pollution levels at a factory in Aruachal Pradesh. The International Federation of Journalists (IFJ) and its affiliate, Indian Journalists Union (IJU), denounce the attempts to silence Dada and call on the police to hold the perpetrators accountable.
Dada, a reporter from a local media outlet Gyoloo News, had been investigating the excessively high pollution levels produced by SMS Smelters Ltd in Lekhi village when he was attacked unprovoked by four men. The factory has continually produced substantial amounts of smoke, visible to those from surrounding villages. Despite explaining to the men that he was covering an issue that affected all members of the community, Dada was threatened with further violence and had his phone stolen. He immediately filed a complaint with Nirjuli police.
The incident is a frightening echo of the attempted assassination of Tongam Rina, a senior reporter from the same district, who was shot for her reporting. Although the incident occurred in 2012, with no perpetrators prosecuted justice has still not been delivered. There are fears that the complacency of the legal system has encouraged perpetrators to silence reporters with any means possible.
The police have so far arrested one suspected assailant, Nangram Tapu, a security officer for SMS Smelters and have informed the media that they are also investigating the legality of the factory.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jun 19, 2020
- Event Description
A local correspondent for the Kampu Mail, a Hindi-language daily, Shubham Mani Tripathi died on the spot when he was shot six times, three of them in the head, on 19 June in Unnao, a suburb of Lucknow, the state capital. In a recent Facebook post, he said he feared he could be killed because of his investigations into land expropriations of questionable legality linked to illegal sand mining.
Kampu Mail local bureau chief Ritesh Shukla mentioned the name of Divya Awasthi, a local businesswoman involved in land transactions, as did the reporter�s uncle, Dhirendra Mani Tripathi. The NewsClick website quoted him as saying: �There is some government land that Divya Awasthi wanted to take possession of. [Shubham] exposed the matter and [said] she could not do that (...) Her goons had attacked Shubham at his house last year after he exposed her and now have killed him.�
�We call on the Uttar Pradesh authorities to appoint an independent investigation to shed all possible light on Shubham Tripathi�s horrific murder,� said Daniel Bastard, the head of RSF�s Asia-Pacific desk.
�In this region of northern India, the links between sand mafia bosses and local police chiefs mean that, when journalists are murdered in connection with their reporting, the police investigation is almost always closed without further action. The vicious cycle of impunity needs to be broken by means of legislation guaranteeing journalists� safety.�
Dangerous state
India�s most populous state, Uttar Pradesh is also one of the most dangerous regions for journalists, especially those who try to cover the sand mafia, the name given in India to those who illegally mine sand from riverbeds for sale to the construction industry.
In 2016 alone, two journalists, Karun Misra of the Jansandesh Times and Ranjan Rajdev of the Hindustan Daily, were killed by gunmen on motorcycles in separate attacks after covering such illegal mining. In June 2015, the journalist Jagendra Singh died from the severe burns he sustained when set on fire during a police search of his home. He had been investigating a local government minister�s links to organized crime and illegal mining.
The journalist Haider Khan was badly beaten and dragged behind a motorcycle for 100 metres the same month after writing about dubious land expropriations. In October of that year, men on a motorcycle fatally shot journalist Hemant Kumar Yadav in the chest in reprisal for his reporting. In all of these cases, the police investigations drew a blank and the instigators remain unpunished.
Judicial harassment
When they don�t fall victim to physical violence, Uttar Pradesh journalists who try to do their job are often the targets of judicial harassment orchestrated by the state government headed by Chief Minister Yogi Adityanath, an unwavering supporter of India�s prime minister, Narendra Modi, and his Hindu nationalist policies.
Such was the experience of Supriya Sharma, the executive editor of the Scroll.in news website, and her chief editor, Naresh Fernandes, on 18 June, when the Uttar Pradesh police registered a complaint against them over a story about the coronavirus lockdown�s impact in remote villages in Varanasi, the district that Modi represents in the federal parliament. The two journalists are facing up to five years in prison on the four charges registered by the police.
Siddharth Varadarajan, the editor of The Wire, another independent website, is meanwhile being investigated as a result of a complaint filed on 1 April over an allegedly �fake news� report that the state�s chief minister attended an enormous religious gathering two days after the imposition of a nationwide lockdown.
India is ranked 142nd out of 180 countries and territories in RSF's 2020 World Press Freedom Index.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Media Worker
- Perpetrator-Non-State
- Suspected non-state
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jun 13, 2020
- Event Description
Police lodged a First Information Report (FIR) against Supriya Sharma, the executive editor of news portal Scroll.in for her report on the lockdown in India�s prime minister Narendra Modi�s constituency. The International Federation of Journalists (IFJ) and its affiliate the National Union of Journalists (India) (NUJI) urges the Indian government to withdraw the charges.
Mala Devi lodged an FIR at Varanasi�s Ramnagar police station in Uttar Pradesh on June 13, alleging Supriya Sharma misrepresented her interview in Domari village, Varanasi. Accordingly, police charged Sharma under section 501 and 269 of the Indian Penal Code for allegedly printing a defamatory story and a negligent act that is likely to cause the spread of a life-threatening disease.
Sharma�s article documented the impacts of the lockdown and inadequate emergency food support in Domari village, Varanasi. Modi adopted Domari village as part of his constituency in 2018.
NUJI president, Ras Bihari said: �This is a threat to democracy and attacks the origins of freedom of expression.� Ras Bihari expresses grave concern over the harassment of journalists through FIR's in Uttar Pradesh and appeals to journalists to fact-check before publishing a story.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Offline
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Jun 5, 2020
- Event Description
About 150 people, including CPI (M) party leaders, local villagers and environment activists, were arrested when they tried to form a human chain near LG Polymers India plant at R.R. Venkatapuram, here on June 5.
The protest was held as part of World Environment Day as also to demand the arrest of the LG management.
�It was a silent protest and we just wanted to highlight the damage caused to the environment and loss of human life by the LG Polymers India plant, but the police arrested us and disrupted the protest, which was part of a global protest,� said CPI (M) State secretariat member Ch. Narasinga Rao.
It may be recollected that on May 7, styrene monomer vapour leaked from the LG plant in R.R. Venkatapuram village in Visakhapatnam at around 3 a.m. killing 12 people and hospitalising over 500.
The incident gathered global attention and protests were organised worldwide, including on June 5 � on the occasion of World Environment Day.
�It was part of a global protest and a silent human chain was formed in Seoul in South Korea, Singapore, Germany, Malaysia and other countries, and they were not arrested. Why should we be arrested for the negligence of an MNC,� questioned Mr. Rao.
While some of the leaders were arrested as early as 5 a.m. when they tried to reach the chemical plant, others were arrested near the protest site at R.R. Venkatapuram.
About 150 persons were arrested and sent to different police stations.
The left and environment activists said that their prime demand was arresting the management of the LG Plant and closure or shifting of the plant.
All reports including that of the NGT clearly specifies negligence on part of the company, but still the police has not arrested any person or booked a strong case against the management, said Lokanathan, District Secretary, CPI (M).
- Impact of Event
- 1
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Environmental rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- May 26, 2020
- Event Description
Raju Baitha is a Dalit HRD residing in Motihari, East Champaran district of Bihar. He has been active in defending the human rights of Dalits in Bihar for long and is the district coordinator of the NCDHR, a national organisation to protect and promote the human rights of Dalits. Mr. Baitha, in one of his Facebook posts on May 20, 2020, questioned East Champaran�s Superintendent of Police(SP), Mr. Naveen Chandra Jha, about caste determining the punishment for policemen for similar charges against them. His Facebook post said, �just see the mockery of justice. Two cops from the higher caste were only sent to the police lines while another cop from the Dalit community was placed under suspension for the same charge.� Mr Baitha asked the SP for an answer and said that his action was biased and flouted the Constitutional norms. According to the sources, the SP called Mr. Baitha multiple times on WhatsApp and threatened him regarding his Facebook post. The SP also asked whether Mr. Baithawas the DGP to question the charges and that �he will put him in jail within 4 days�. Mr. Baitha recorded the WhatsApp conversation and it was picked up by the local media. On May 26, 2020, at about 6.00 am, the Station House Officer (SHO) of Chhitouni police station Mr. Mukesh Chand Kumar went to Mr. Baitha�s residence with four constables and arrested him without any arrest warrant. He was taken to the Chhitouni police stationand his two mobile phones and Rs 25000 were seized by the police without a seizurememo. An FIR (No. 49/2020) was registered against him by the Motihari police dated January 29, 2020, under IPC sections 143/188/353/149/342/506/427/341 and Prevention of Damage to Public Property Act, for alleged damage to public property and blocking public roads. The said protest was held on January 29, 2020,under the banner of Bahujan Kranti Morcha against the Citizenship Amendment Act (CAA). After his arrest on May 26, Mr. Baitha was not taken to a police station, but driven around in a police car, till the police got an official warrant signed by the magistrate. He was then taken into judicial custody. On May 28, 2020,Mr. Baithawas grantedbailinCase No.49/2020. However,before he could be released, he was re-arrested in two more FIRs Case no.50/2020 of Chhitouni police station dated January 29, 2020, by a shopkeeper who alleged damage to his shop during the proteston January 29. Another FIR was registered at Mufassil police station�s Case no.153/2020 dated April 5, 2020, filedby a person from the SC community. Mr. Baitha was released on bail only on June 15, 2020. It is obvious that Mr. Baitha has been victimised and harassed by the police, and subjected to harassment which included restrictions on his movement and liberty,for questioning certain actions of the SP through his Facebook post. HRDA believes the police on the directions of the East Champaran SP has misused provisions of law to target a Dalit HRD. This is not only a clear violation of his rights as a citizen of Indian under Article 19(A)but also an act of atrocity under the SC/ST Prevention of Atrocities Act (PoAA).
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Minority Rights, Online, Right to liberty and security
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- May 25, 2020
- Event Description
The Special Cell of Delhi Police has booked Jamia Millia Islamia student Asif Iqbal Tanha under the stringent Unlawful Activities (Prevention) Act for allegedly being part of a larger conspiracy behind the February riots in northeast Delhi, officials said on Thursday. This comes days after the Delhi Police's crime branch arrested the 24-year-old in connection with the violence in the Jamia area during a protest against the Citizenship Amendment Act in December last year, they said. The police said Tanha, a resident of Abul Fazal Enclave in Shaheen Bagh, is a member of the Students Islamic Organization and was part of the Jamia Coordination Committee which spearheaded protests against the Citizenship Amendment Act. He was arrested on production warrant by the Special Cell of the Delhi Police on Tuesday and booked under the UAPA for being part of a larger conspiracy of the riots in Delhi, said a senior police official, who did not wish to be identified. "We had evidence and wanted him in a case that we were investigating. So we arrested him on production warrant on Tuesday and have been granted seven days of custody," he said. A court in Delhi on Wednesday had sent Tanha to seven days of police custody in the case related to communal violence in February in northeast Delhi during the protests against the Citizenship Amendment Act, after the police said his remand was required to unearth the entire conspiracy and to confront him with the electronic data collected during investigation. Jamia Coordination Committee members Safoora Zargar, Meeran Haider, President of Jamia Alumni Association Shifa-Ur-Rehman, suspended AAP Councillor Tahir Hussain have also been booked under the anti-terror law in the case. "The Crime Branch of the Delhi Police had arrested Tanha recently in a case registered at Jamia police station on December 16, 2019 in connection with riots in the Jamia area in which he was named as an accused," a senior police officer had earlier said. Tanha is a third-year student of BA in Persian language. He is a key member of the Jamia Coordination Committee and played an active role in organising protests and riots in Jamia in December 2019, police had said. He is a close associate of Umar Khalid, Sharjeel Imam, Meeran Haider and Safoora Zargar who had been key organisers of anti-CAA protests and subsequent riots, the police said. On December 15 last year, protesters had torched four public buses and two police vehicles as they clashed with police in New Friends' Colony near Jamia Millia Islamia during a demonstration against the amended Citizenship Act, leaving at least 40 people including students, policemen and fire fighters injured, officials had then said. Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control, leaving at least 53 people dead and around 200 injured.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Administrative Harassment, Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Right to liberty and security
- HRD
- Student
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- May 23, 2020
- Event Description
JNU students Natasha Narwal and Devangana Kalita, associated with Pinjra Tod, were sent to judicial custody by Metropolitan Magistrate Kapil Kumar after the police said their further custody was not required for the investigation.
A Delhi court on Thursday sent two women associated with Pinjra Tod' group, a collective of women students and alumni of colleges from across Delhi, to judicial custody for 14 days in a case related to communal violence in north east Delhi.
Pinjra Tod (Break the Cage) was founded in 2015 with an aim to make hostels and paying guest accommodations less restrictive for women students.
In 2015, Jamia Millia Islamia University had issued a notice restricting female students to stay out after 8 pm.
When the Delhi Commission for Women (DCW) questioned the Jamia administration on it, a group of women students decided to protest against the restrictions not only in Jamia but other universities in Delhi. Later named as Pinjra Tod, the group mobilised people around several issues faced by female residents of hostels and PGs.
JNU students Natasha Narwal and Devangana Kalita, associated with Pinjra Tod, were sent to judicial custody by Metropolitan Magistrate Kapil Kumar after the police said their further custody was not required for the investigation.
They are currently lodged in Mandoli jail here. Police had earlier told the court that their custodial interrogation was required to unearth the conspiracy behind the case and identify other accused in the case.
Advocate Adit S Pujari, appearing for the women, had told the court that the women were arrested in the case with a "malafide" intent.
They were arrested last Saturday in connection with a protest against the Citizenship Amendment Act in Jaffrabad area in February. On Sunday, they were granted bail by the court in the case.
Moments after the judge passed the order, the Crime Branch of the Delhi police had moved an application seeking to interrogate them and formally arrested them in a separate case related to the violence.
They had sought 14 days custody of the accused. The court had sent them to police custody for two days saying the investigation was at its initial stage.
The case, in which they were arrested on Saturday, was registered under sections 147 (rioting), 186 (obstructing public servant in discharge of public functions), 188 (disobedience of order by public servant), 283 (danger or obstruction in public way), 109 (abetment), 341 (wrongful restraint), 353 (assault or criminal force to deter public servant from discharge of his duty) of the Indian Penal Code.
The case in which they were arrested on Sunday was registered under section 147 (rioting), 149 (unlawful assembly), 353 (assault or criminal force to deter public servant from discharge of his duty), 283 (danger or obstruction in public way), 323 (voluntarily causing hurt), 332 (causing hurt to deter public servant from his duty), 307 (attempt to murder), 302 (murder), 427, 120-B (criminal conspiracy), 188 (disobedience of public servant's order) of IPC, relevant sections of the Arms Act and Prevention of Damage to Public Property Act.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
- Impact of Event
- 2
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Judicial Harassment
- Rights Concerned
- Right to fair trial, Right to liberty and security
- HRD
- Student, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- May 20, 2020
- Event Description
The Kashmir Press Club on Thursday expressed concern over the police summoning journalists in the Valley and urged the �highest authorities in the administration� to look into these issues so that media persons are provided a conducive atmosphere to work.
The cyber cell of the Kashmir Police on Wednesday summoned The Kashmir Walla�s Founding Editor Fahad Shah in connection with his reportage on the Srinagar gunfight. On Tuesday, two Hizbul Mujahideen militants, including the son of a separatist leader, were killed in a gunfight between security forces and militants in the Nawakadal area of Srinagar. The gunfight left destruction in its wake, with several houses being razed to the ground, burnt or partially damaged.
Shah and his colleague had reported on the destruction of the homes. In their report, many people had accused the security forces of stealing their jewellery, money and other items.
In his statement, Shah said that he reached the police station at 1.30 pm on Wednesday and was not informed about the reason for being summoned for the next two hours. �At 3.34 pm a senior official led me to another room in the police station where five other police officials, including senior officials, were present,� he added.
Shah said that the officials objected to the coverage of the aftermath of the Nawakadal gunfight and accused him of �maligning the police�s reputation�.
In his response, the editor said that the reports published were interviews of local residents, on camera, whose houses had been burned. �If the police differed with the allegations of the local residents, we would have given equal space to the same in our report as a professional journalist. However, no such clarification was given,� Shah�s statement read.
The organisation noted that in earlier incidents also journalists have been similarly summoned by the police for their stories. �The KPC has condemned all such incidents and has noted that such summons and FIRs are aimed at harassing and intimidating the journalists and thus are a clear violation of the press freedom,� the press club said.
On April 21, the cyber police issued a statement that it had filed a case against freelance journalist Gowhar Geelani for �unlawful activities� on social media, threatening national security and sovereignty, �glorifying terrorism�, �causing disaffection against the country�. It also claimed to have received complaints accusing Geelani of threat and intimidation.
On April 18, freelance photojournalist Masrat Zahra was charged under the Unlawful Activities (Prevention) Act, a law normally used against those allegedly involved in acts of terror. The police said that Zahra, a freelance photojournalist who reports mostly about women and children in conflict, uploaded photographs that could �provoke the public to disturb law and order�.
Over the same weekend, the police filed a first information report against an alleged fake news item about a gunfight between police and militants in South Kashmir and subsequent developments published in The Hindu. Details of the report were �factually incorrect�, could �cause fear or alarm� and had not been confirmed with district authorities, they said. The reporter Peerzada Ashiq told the Committee to Protect Journalist that he had records to show he had reached out to the authorities for comment.
On April 17, Mushtaq Ganaie, a journalist for the Kashmir Observer in Central Kashmir�s Ganderbal district, was detained for two days and booked for �creating hurdles in a police officer�s duty�. His offence: travelling around and trying to report during the coronavirus lockdown.
India has steadily fallen on the World Press Freedom Index, dropping to 142nd place in the latest 2020 survey. Kashmir�s long �electronic curfew� is cited as one of the reasons for this deterioration.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- May 18, 2020
- Event Description
Ms. P Ranganayakamma is a 66-year-old woman human rights defender, writer and critic has written extensively on issues relating to women and social justice. She has written 15 novels, 70 short stories, and many essays, publishing about 60 volumes in all. The main theme of her work isthe issue of gender equality for women. Most of her works have been published either in magazines or daily newspapers and subsequently published in the form of books.On May 7, 2020, styrene, a poisonous gas, leaked from a storage tank at LG Polymers plant at Vishakhapatnam, Andhra Pradesh. It led to the death of 12 people and affected the health of at least 450 people in Vishakhapatnam and 4 other villages around it. Several of them will face long term health complications. However, no arrests were made by the policefor the killings and causing life threatening health hazards. The South Korean company running the plant has not been held responsible for negligencein any manner whatsoever. In such a scenario, WHRD Ms. Ranganayakamma, wrote 20 questions on her Facebook page questioning the government for their inaction. Immediately after posting the questions, an FIR was filed against Ms. Ranganayakamma by the Crime Investigation Department (CID) of Andhra Pradesh police under Section 505(2) (making statements that create or promote enmity), 153(A) (indulging in wanton vilification), 188 (Disobedience to order duly promulgated by public servant) and 120-Br/w 34 (criminal conspiracy) of Indian Penal Code, and also under Section 67 (Punishment for publishing or transmitting obscene material in electronic form) of IT Act, 2008. On May 18, 2020, Ms. Ranganayakamma was arrested by the CID. The CID told the media that �action would be taken against those who post false comments against the State Government and misguide the public�. The above incident is a clear case of misuse of power by the police officials. The arrest of Ms. Ranganayakamma is an attempt to stop the senior citizen and WHRD from questioning the government and threaten all others from exercising their free expression. This is a clear violation of Article 19 of the Constitution which provides for free speech and power to express oneself to every citizen. The incident which took place has affected the lives of lot of people in the nearby areas and thus as a concerned citizen in a democracy she has the right to ask relevant questions to the government about the steps taken by them for the well-being of the people. By arresting her the state government not only tried to silence the her and other people questioning them but also tried to hide its failure to do any concrete investigation with respect to the gas leak.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Online, Right to liberty and security
- HRD
- WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- May 18, 2020
- Event Description
In the latest instance of harassment of the media for critical reporting, the Uttar Pradesh administration has lodged an FIR against Ravindra Saxena, a journalist at Today-24 news portal for reporting on the mismanagement and negligence at a quarantine centre in Sitapur district.
In a video report, Saxena spoke to people at a quarantine centre in Maholi tehsil of Sitapur district of eastern Uttar Pradesh, who alleged that they were served rotten rice.
�We had gone to meet the SDM Shashi Bhushan Rai for some news where we saw a person had come along with the rotten rice to make a complain[t] to the SDM. We spoke to him on camera and he told us how they were being served rotten rice at the quarantine center, but the authorities were not taking action. After this, we visited the quarantine center and made a detailed video of the mismanagement there,� Saxena told Newslaundry.
�The administration has filed a case against me through a Scheduled Caste trainee accountant Rishabh Gautam, in violation of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and the Disaster Management Act. The FIR has been registered on the orders of the CM,� he claimed.
Mahendra Aggarwal, president of the district unit of the UP Journalist Association, has submitted a memorandum to the district magistrate of Sitapur. No positive response has been received so far. �The FIR is done, it cannot be canceled, but we have stopped the arrest. The police will investigate further and report. They (journalists) have done such a thing, due to which the authorities have become angry,� he said.
Several attempts were made to speak to SDM Shashi Bhushan Rai, but he could not be reached out.
Since the imposition of lockdown, FIRs have been registered against journalists in Himachal Pradesh, Gujarat, Tamil Nadu and Andaman and Nicobar, among others, often for highlighting shortcomings in government.
In early April, the UP police had also filed an FIR against The Wire and its founding editor Siddharth Varadarajan for a news article on chief minister Yogi Adityanath. The Editors Guild of India has also recently expressed its concern over �a growing pattern of misuse of criminal laws to intimidate journalists in different parts of the country.�The Guild�s statement has specifically pointed out a sedition case filed by the Gujarat police against Dhaval Patel, editor and owner of a Gujarati news portal, and a notice sent to the Indian Express�s reported Mahendra Singh Manral by the Delhi police for his report that a police investigation had found that an audio clip of the leader of the Tablighi Jamaat could be possibly doctored. He has been asked to join the probe into this matter otherwise he would be charged under section 174 of the Indian Penal Code.
The Guild said that the police action in Gujarat and Delhi is deeply disturbing, �The government and police must recognise that the media is an integral part of the governance structure in any democracy. The guild condemns these actions and demands state and central governments to desist from misusing the law to threaten the free press.�
In the latest ranking of the World Press Freedom Index, India has slipped two places and is now ranked 142 among 180 countries of the world. The Centre has constituted an �Index Monitoring Cell� to understand India�s poor ranking in press freedom indices. The cell was set up soon after information and broadcasting minister Prakash Javadekar had said on May 3, World Press Freedom Day, that the Narendra Modi government would �expose, sooner than later, those surveys that tend to portray bad picture about �Freedom of Press� in India.�
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- #COVID-19, Online
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- May 7, 2020
- Event Description
Two activists of the Swaraj Abhiyan organisation, who have been distributing food to stranded workers in labour colonies in Bengaluru during the lockdown, were booked on May 7 after a complaint by a builder. R Kaleemullah and Zia Nomani have been charged under Sections 153 (provocation with intent to cause riots) and 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code (IPC).
�We had been going to the labour colonies to distribute food packets and ration supplies for many days. We knew they were getting restless. They were not being paid their wages, they were not getting proper food. When the government decided to start trains, we helped many of them register on the Seva Sindhu portal because they had no information otherwise,� said Nomani.
Kaleemullah said they had been pacifying the workers, and asking them not to hit the streets. �When the government decided to stop trains and we heard they were beginning to walk, we rushed to the labour colony in Veeranpalya to calm them down. We also said no one can force them to work. So, this FIR is simply harassment,� he said.
On the afternoon of May 7, when officials of the Sampigehalli Police Station arrived at the labour camp of the BL Kashyap construction firm to arrest Nomani and Kaleemullah, the workers protested and refused to allow the police to take them away.
�We had been distributing relief for many days there. So, the workers and nearby daily wagers, gathered there and protested. When they saw the resistance, the police backed off and asked us to come to the police station instead,� said Nomani.
The activist alleged they were being harassed under pressure from a builder lobby and, though they had been charged under bailable sections, they were not being granted station bail.
DCP Northeast Bheemashankar Guled said the complaint had been filed by the BL Kashyap firm. He also pointed to a tweet by the Migrants Workers Solidarity on May 7, which posted a video of migrant workers behind a gate, asking to be sent home. �Bangalore Manyata Park construction workers caged in after @BSYBJP cancels trains under #BuilderLobby pressure,� the tweet said.
�It was fake news. It was not a cage, but simply the gate. When we reached out to the builder and asked why the workers had been caged, they said it was a misrepresentation. So, we then asked them to file a complaint,� said Guled.
�Also, when Section 144 was in force, when there is a curfew in the city, there are videos of Somany and Kaleemullah addressing a big gathering of workers and canvassing. That is also a violation of the law,� he added.
Nomani said that neither he nor any member of his organisation had anything to do with the Twitter handle, or had retweeted or liked that post.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Right to fair trial, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- May 4, 2020
- Event Description
Family members of arrested Jamia Millia Islamia student Safoora Zargar say they are �appalled and upset� by the attempts made to slander her on social media, but her husband says he is keeping faith in the country�s judicial system.
Zargar, a 27-year-old M.Phil. student from Jamia, is over three months pregnant, and was arrested by the Delhi Police�s special cell on 10 April. She was later denied bail and, on 21 April, charged under the stringent Unlawful Activities Prevention Act (UAPA). She was associated with the Jamia Coordination Committee (JCC), and was part of the anti-Citizenship Amendment Act protests organised by university students in December and January. She was arrested for allegedly leading the anti-CAA protest at Jaffrabad metro station in February.
On Monday, three weeks after her arrest, her family found a hashtag in her name, #?????_????, trending on Twitter, hours after Delhi BJP leader Kapil Mishra commented on her pregnancy.
Mishra had quote-tweeted Congress member Salman Nizami�s tweet, which said: �Activist Safoora Zargar (pregnant) is in Jail during Ramadan, hatemongers like Kapil Mishra who incited riots are FREE.�
Mishra is accused of inciting hate through his speeches before violence erupted in Northeast Delhi in February.
Following this, many tweets questioning the nature of Zargar�s pregnancy and her marital status began doing the rounds.
�We are extremely appalled and distraught about this. I am shocked at the lengths people are willing to go to in order to malign her image,� her sister Sameeya Zargar told ThePrint. �This is nothing but character assassination.�
�I don�t even want to dignify these trolls by responding to them, they will do what they have to,� Zargar�s husband said to ThePrint. He requested that his name not be published. Outrage over continued arrest without bail
Zargar�s continued arrest without bail has received widespread outrage and condemnation, including from Amnesty International. Her arrest, along with that of another Jamia student Meeran Haider, had earlier kicked up a storm of online petitions demanding their release.
At Zargar�s bail hearing on 18 April, the court said the investigating officer had filed a �cryptic and superficial� reply on her role in the case, and told the officer to file a detailed reply for the next hearing. However, her bail was later denied after more stringent charges were added to the FIR.
Amnesty said in a statement: �She is currently imprisoned in Tihar jail, which is one of the most overcrowded prisons in the country, and has not been able to access her lawyer or meet her husband since 14 April. Safoora�s pregnancy is a mitigating factor against her continued detention under UAPA, particularly amidst the Covid-19 pandemic.�
Early Monday morning, her sister Sameeya released an open letter to her, describing the period of Safoora�s arrest as a �slow death�.
�She has had pregnancy related UTI issues. She also has a history of UTI. We were hoping on all these grounds she will be given bail, but hasn�t yet,� Sameeya said.
Safoora�s husband added: �We were hoping she would get bail soon, but because of the lockdown, the entire machinery is moving slowly. But we have hope in our judicial system.� �Not an arbitrary arrest�
The Delhi Police maintains that Safoora Zargar�s arrest is not �arbitrary�.
�It is not an arbitrary arrest, we have evidence to prove the charges. Rest the judiciary will take a call,� a senior police officer said on the condition of anonymity.
Officials of Tihar jail have said �she is being given proper medical assistance�, and have denied that she has been kept in solitary confinement.
�The new inmates are being kept isolated. As such, she is in a single cell. It is not solitary confinement. She has been allowed to talk to her family also on the phone,� said an officer posted in Tihar.
Her husband, however, said: �I was allowed to speak to her just once for only 5 minutes, over a week ago. There has been no communication permitted since then.�
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Gender Based Harassment, Online Attack and Harassment, Vilification
- Rights Concerned
- Right to healthy and safe environment, Right to protect reputation
- HRD
- Student, WHRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 27, 2020
- Event Description
In what appears to be the latest instance of an attack on free speech in the midst of the coronavirus pandemic, the Andaman and Nicobar Islands police have arrested a freelance journalist for a tweet he posted on Monday drawing attention to what he said were bizarre quarantine rules being followed by the local authorities.
Zubair Ahmed has been charged with multiple offences, one of which is non-bailable, with the police accusing him of spreading false information with an intention to obstruct the administration�s efforts to contain the spread of COVID-19 in the islands. He was granted bail and released on Tuesday.
On April 26, the Andaman Chronicle, an established local newspaper, carried a news item with the headline, �#AndamanFightsCOVID19: Entire Family Put on Home Quarantine After One Calls Up a Relative in Bambooflat�:
�The incident took place yesterday when Shri K.A. Rehman called up his relative who had tested corona positive, over phone. The intention was to enquire about the wellbeing of the victim, a resident of Bambooflat. It was hours after the call was made, the entire family was put on home quarantine by the authorities. The four members include Shri K.A. Rehman (70 years), Smti Rehana Rehman (60 years), Shri K. Abdul Rasheed (32 years) and Smti Saira Banu (29 years). The family is now confused whether calling up their relative was a crime committed or is it that the concerned authorities in Andaman are over concerned about their safety.�
Following up on this, Ahmed, a reporter based in the islands, posted a question on April 27 for the Andamans administration, whom he tagged, in which he asked why families who merely spoke to COVID-19 patients on the phone were being forced to quarantine:
The director general of police, Deependra Pathak told The Wire that the claim Zubair made in his tweet � about the home quarantining of those who had merely spoken to COVID-19 patients on the phone � was not true. However, he did not explain why action was taken against him for merely raising a question that had already been flagged in a story published by the Andaman Chronicle.
Instead, Ahmed was called in for questioning because of the tweet, detained and then shifted to the Aberdeen police station.
Ahmed is an established journalist who founded and ran a weekly newsmagazine, The Light of Andamans, for several years. Besides contributing to newspapers and websites elsewhere in India, he runs a weekly news and views site, being-islander. Some of the coverage there has been critical of the political and administrative establishment in the Union Territory.
Ahmed was eventually booked under various offences, but was granted bail by a local magistrate the same day.
Confirming Ahmed�s arrest, the Andaman and Nicobar Police said in a statement, �Legal action has been taken against one Zubair Ahmed, a self-proclaimed journalist for posting the inciting, false and instigating tweet to disrupt public harmony, violating government order and to create panic among public�The accused is a resident of Bambooflat area, most of which is declared a containment area after several cases emerged from there. Extensive contact tracing exercise is underway in the area currently. However, such messages instigate distrust among the public for the well-established and universal health and contact-tracing protocols, thus motivating people to conceal correct information, falsify their statements, do not cooperate and/or protest against medical protocols and even break the lockdown and gather in large numbers publicly.�
Ahmed has been charged under Indian Penal Code sections 188, 269, 270 and 505(1) that relate to disobedience of a public official and a malignant act aimed at spreading infections. He has also been charged under sections 51 and 54 of the Disaster Management, which entails punishment for obstructing government efforts to contain a disaster.
It is not clear how his tweet attracts any of these sections, especially since he had posed it as a question to the authorities and specifically tagged them, seeking answers.
Islands� police defend arrest
Speaking to The Wire, the UT�s director general of police (DGP) Deependra Pathak claimed that legal action was taken against Ahmed as he was found spreading fake news about the administration�s efforts to contain COVID-19 in the Islands. This, he said, could have fomented communal tensions in the Islands.
He said that the Andaman and Nicobar Islands were the first to identify and report the Tablighi Jamaat cluster to the Centre. �We have currently 33 cases in the state, out of which 22 belong to the TJ cluster,� Pathak said, adding that it was natural of the administration to undertake contact-tracing related to this particular cluster.
�Our efforts are being disrupted by some individuals who are spreading rumours about targeting of a particular community. This can sow the seeds of discord among communities. That is why we were forced to take legal action against them,� Pathak said, adding that certain government officials have also been arrested for such offences.
He further said that any message in social media or conventional media which �spreads false information or instigates or incites people or spreads dissatisfaction among communities or spreads mistrust about the protocols followed by the administration� will lead to a chaotic situation, and people may stop cooperating with the administration.
�It certainly attracts condemnation and legal action against such mischief mongers,� he said, adding that the idea is to �nip the danger in the bud.�
Regarding the arrest of Ahmed, Pathak said, �The legal action taken so far has only been to prevent gullible people getting into disruptions creating law and order problems or a possible communal situation� It becomes more important in view of the fact that the spread of COVID-19 may escalate to community transmission in South Andaman District if not strictly contained.�
He said Ahmed was found to be spreading �fake news� that the administration was tracing and quarantining even those who are talking to COVID-19 patients on phone. �This is not true,� he said, adding that the health and police department are going about contact-tracing very scientifically. He added that apart from the tweet, Ahmed was also allegedly found to be dissuading people against the government�s efforts to trace COVID-19 suspects, and had spun the administration�s work as targeting a particular community.
�The arrest of Ahmed, he said, should not be seen as a case of �violation of the right to speech and expression�. �Law is community, profession and gender-neutral. It has to take its own course,� he said.
He added that apart from Ahmed, a police officer�s son, a government servant�s wife, a revenue department official have also been arrested. �There is no deliberate or targeted action against any group or community to curtail their civil liberties,� he said.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- #COVID-19, Online, Right to healthy and safe environment, Right to information
- HRD
- Media Worker
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 23, 2020
- Event Description
The R.S. Puram police in Coimbatore on Thursday arrested Andrew Sam Raja Pandian, founder of a portal called SimpliCity, in connection with certain news it published on alleged shortcomings faced by government healthcare professionals and alleged corruption by some employees of a public distribution system (PDS) outlet. The action followed a complaint from an official of the Coimbatore Corporation who alleged that the reports were 'false' and 'provocative' against the State Government. He was arrested for offences under Sections 188, 505 (i) of the IPC and Section 3 of the Epidemic Diseases Act.
Mr. Pandian was arrested late on Thursday, hours after the police questioned him, a journalist and a photographer of the portal. He was produced before the magistrate and remanded in judicial custody.
As per the First Information Report, the police registered a case against the publisher of SimpliCity on Wednesday based on a complaint filed by M. Sundararajan, Assistant Commissioner (Personal).
The complainant said that he found the reports by the news platform on Twitter, Instagram, Facebook and WhatsApp which carried false information regarding the functioning of Government healthcare professionals and PDS employees while the Government machinery was struggling to combat COVID-19 spread.
While one report said that Government healthcare professionals were struggling for food, another one said that PDS employees were stealing COVID relief fund meant for the poor, said the FIR.
The complainant alleged that such reports were provocative enough to turn healthcare professionals and PDS employees against the Government. He also alleged that they could also lead healthcare professionals to stop working, thus affecting COVID-19 management in the State. Also, distributions of aids and essentials to the public would be affected if PDS employees stopped working, he alleged in the complaint.
Journalists� forum in Coimbatore and Tiruppur condemned the police action.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 21, 2020
- Event Description
The Delhi Police on Tuesday booked Jamia Millia Islamia students Meeran Haider and Safoora Zargar under the Unlawful Activities (Prevention) Act, or UAPA, in a case related to communal violence in North East Delhi over the Citizenship Amendment Act in February, PTI reported. They also booked former Jawaharlal Nehru University student Umar Khalid under the Act.
Clashes had broken out between supporters of the Citizenship Amendment Act and those opposing it in North East Delhi in February, killing 53 people and injuring hundreds. The violence was the worst Delhi saw since the anti-Sikh violence of 1984.
Haider and Zargar, arrested for allegedly hatching a conspiracy to incite the communal riots in February, are in judicial custody. Zargar is the media coordinator of the Jamia Coordination Committee, while Haider is a member of the panel. Haider, a PhD, is also the president of the Rashtriya Janata Dal�s youth wing in Delhi.
On April 2, the Delhi Police had arrested Meeran Haider. Days later, Safoora Zargar, an MPhil student at the university was arrested for allegedly obstructing the road near the Jaffrabad metro station. Civil society groups had issued a statement on April 16 calling for the release of the two students.
The police claimed in the first information report that the communal violence was a �premeditated conspiracy� which was allegedly hatched by Khalid and the two others. The students were also booked for sedition, murder, attempt to murder, promoting enmity between different groups on grounds of religion and rioting.
The FIR claimed that Khalid had allegedly given provocative speeches at two different places and appealed to Delhi�s residents to hit the streets in protest during United States President Donald Trump�s visit to India in February, in order to spread �propaganda� at the global level about how minorities in India are being mistreated. The FIR also claimed that the police collected firearms, petrol bombs, acid bottles and stones from several houses, establishing a conspiracy.
Women and children were made to block the roads under the Jaffrabad metro station on February 23 to create tension in the vicinity, the FIR alleged.
After facing a backlash from some in civil society and film personalities, the Delhi Police had said on Monday that they had done their job impartially while investigating the North East Delhi violence. �All the arrests made have been based on analysis of scientific and forensic evidence, including video footage, technical and other footprints,� the police said.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- Freedom of assembly, Minority Rights, Offline, Online
- HRD
- Minority rights defender, Student, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 19, 2020
- Event Description
The Jammu and Kashmir police Monday filed an FIR in connection with a news story published by The Hindu Sunday despite a social media campaign against its decision to charge Kashmir-based independent photojournalist Masrat Zahra under the stringent Unlawful Activities Prevention Act (UAPA).
The police have also questioned a senior journalist from The Hindu�s J&K Bureau, Peerzada Ashiq, a move that drew further criticism from the journalist community in the Valley.
According to a report by The Hindu, Ashiq was called in for questioning by the Cyber Police in Srinagar Sunday and then again on the same evening by the Anantnag police before being permitted to return home.
�Describing a report headlined �Kin allowed to exhume bodies of militants in Baramulla� published by The Hindu on April 19 as �fake news,� the Jammu and Kashmir police have registered an FIR in the matter,� reads The Hindu report on 20 April.
The report was on two militants killed in an encounter in South Kashmir�s Shopian region. Two families had come forward to claim the bodies of the slain militants whom the authorities had said were unidentified.
The administration had buried the slain militants in a graveyard in Sheeri, Baramulla, reserved for foreign, unidentified or unclaimed militants.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 19, 2020
- Event Description
Tongam Rina, the associate editor of The Arunachal Times has been the target of online trolling, and threats of physical violence in several online posts. The International Federation of Journalists (IFJ) and its affiliate, the Indian Journalists Union (IJU) condemn the online harassment and call on the authorities to investigate the case.
Rina was subjected to a plethora of online abuse, hate speech and threatened with physical violence for her article published on April 18, entitled�Wildlife hunting on spike, say forest officials� published in The Arunachal Times. The article reported on the rise of wildlife hunting during the lockdown, noting the State Forest Department has identified three men during an investigation into the violation of the Wildlife (Protection) Act 1972. The article detailed three video clips that circulated on WhatsApp, in two of which, a manclaimshe had hunted a cobra for meat.
The videos went viral and were sensationalized by two National TV channels, fueling the abuse towards Rina. One person said her attack in 2012, in which unidentified gunmen opened fire in an attempt to assassinate Rina was justifiable. After eight years, Rina is still yet to give her statement to the court and police have mishandled the case creating lengthy delays.
Following the online trolling and threat, Rina filed a First Information Report (FIR) under the Indian Penal Code, Information Technology Act andIndecent Representation of Women (Prohibition) Act 1986.
IJU said: �IJU demands the hate mongers be arrested and put behind bars, to set an example that gender-based trolling would not be tolerated, and that attempts to silence a journalist is discouraged�.
IFJ said: �The ongoing injustice towards Tongam Rina evidences the culture of impunity and gender-based violence that must be challenged. The IFJ call on authorities to launch an investigation and hold the abusers accountable.�
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Gender Based Harassment, Intimidation and Threats, Online Attack and Harassment
- Rights Concerned
- #COVID-19, Online, Right to protect reputation
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 18, 2020
- Event Description
A photojournalist from Jammu and Kashmir was on Saturday charged under the Unlawful Activities Prevention Act for allegedly uploading posts that glorify �anti-national activities� on social media, the police said.
The amended UAPA allows the government to proscribe individuals as terrorists and empowers more officers of the National Investigation Agency to probe cases. A person charged under the act can be jailed for up to seven years.
The police said that Masrat Zahra, a freelance photojournalist who reports mostly about women and children in conflict, uploaded photographs that could �provoke the public to disturb law and order�.
�The user [Zahra] is also uploading posts that tantamount to glorify the anti-national activities and dent the image of law enforcing agencies besides causing disaffection against the country,� the police said in a press release.
The police added that Zahra�s social media posts are inciting young people and promoting unrest. �The user is uploading anti-national posts with criminal intention to induce the youth and to promote offences against public tranquility,� they said.
A first information report has also been filed against Zahra under Section 505 of the Indian Penal Code, which punishes those who induce others to commit an offence against the state or against public tranquillity.
The police also warned people of strict action if they are found circulating inflammatory content on social media. �General public is advised to refrain from misuse of social media platforms and circulation of unauthenticated information,� they said. �Any person found indulging in such activities will be dealt with strictly under law.�
Zahra told Scroll.in that she was asked to immediately report to the Cyber Police Station in Srinagar on Saturday evening. �Since there was a lockdown and I didn�t have a curfew pass, I told them [the police] that I cannot come immediately,� Zahra said. �They pressurised me to come but I didn�t go. They didn�t mention a first information report.�
Zahra added that after the call from the police, she approached senior journalists for help. �I immediately brought the call to the notice of senior journalists and office bearers of Kashmir Press Club,� she said. �Later that evening, I got a call from one of the KPC [Kashmir Press Club] members and they told me that the matter has been solved and I didn�t need to go. They told me that they have spoken to police higher-ups about the matter.�
The journalist said that she did not receive any more calls from the police after that but saw social media posts about the charges against her. �Early today [Monday] morning, I saw some tweets doing rounds that a woman journalist has been booked under UAPA,� she said. �The police didn�t call me directly to inform me about the FIR. I came to know about it from my colleagues.� Women journalists� organisation condemns charges against Zahra
The Network of Women in Media, India said that it was shocked at the charges against Zahra. �NWMI believes that the charges are preposterous in the extreme and amount to rank intimidation of a journalist who has won acclaim for her work, which documents the travails of people of Kashmir,� the organisation said in a statement. �Photographs do not lie and her work, as a photojournalist, are clearly uncomfortable for the powers that be.�
The organisation demanded that the FIR filed against Zahra be dropped. �NWMI [Network of Women in Media] demands that police and security forces stop all such intimidatory and harassing tactics against journalists,� the organisation said.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Enactment of repressive legislation and policies, Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 14, 2020
- Event Description
NIA�s special public prosecutor Prakash Shetty told the court that the agency has found documentary evidence against Teltumbde and he was the convenor of Elgar Parishad that was organised on December 31, 2017. The agency has also alleged that Teltumbde has been a recipient of funds from the banned terror organisation CPI (Maoist).
�During investigation it is revealed that the role of present accused Anand Teltumbde has links with the banned outfit CPiI (Maoist),� the remand application stated.
The investigation agency has also accused Teltumbde of �hatching conspiracy� and �instigating enmity between two caste groups� which led to violence, loss of life and statewide agitation. �Since Teltumbde has been in an interim protection of various orders of honourable courts, the NIA has not had the opportunity to interrogate him,� the NIA lawyer argued.
Teltumbde, who was represented by his lawyer Maharukh Adenwala, told the court that while Teltumbe was abiding by the apex court�s order, he should not be taken into custody considering the outbreak of COVID-19 in the country.
�Dr. Teltumbde is 70 and he suffers from chronic bronchitis, and is an asthma patient,� she argued before the court.
In the application, Adenwala mentioned that Teltumbde suffers from cervical spondylitis, sapraspinatus tendinosis (associated with a small focal insertional tear) and prostratomegaly.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- #COVID-19
- HRD
- Pro-democracy defender
- Perpetrator-State
- Judiciary, Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 9, 2020
- Event Description
A Delhi court Wednesday granted bail to Gulfisha Fatima, an MBA student and anti-CAA activist associated with women''s collective Pinjra Tod, in a case related to communal violence during protests against the Citizenship Amendment Act in northeast Delhi in February.
Additional Sessions Judge Naveen Gupta granted the relief to Fatima on furnishing a bail bond of Rs 20,000 and a surety of like amount.
Fatima, an MBA student, was arrested for allegedly instigating a crowd of protestors that led to riots in the area. According to the FIR, she, along with others, allegedly instigated a crowd to block the road near Jaffrabad metro station on February 22 to protest against the CAA and National Register for Citizens (NRC).
The court granted the relief to the woman activist, arrested on April 9, on the ground of parity as three co-accused in the case, including Jamia Coordination Committee (JCC) member Shafoora Zargar, have been granted bail in the case.
It directed Fatima to participate in the investigation and to regularly appear before the court as and when required to do so.
It said that as and when the court starts its regular functioning, the accused shall produce surety of the like amount within seven days.
Fatima was also arrested in a separate case related to northeast Delhi violence in which JCC member Meeran Haider, Zargar and suspended AAP Councillor Tahir Hussain have been booked under the stringent Unlawful Activities (Prevention) Act.
During the hearing held through video conferencing, Additional Public Prosecutor, appearing for the police, opposed the bail application saying the allegations were serious in nature and the investigation was at a crucial stage.
Advocate Mehhmood Pracha, appearing for Fatima, told the court that she has been falsely implicated in the rioting case and other co-accused have been granted bail earlier.
The FIR has booked the activist for the offences under sections 147 (rioting), 186 (obstructing a public servant from doing his duty), 188 (disobedience to order), 353 (assault or criminal force to deter public servant), 283 ( danger or obstruction in public way), 109 (Abetment) and 34 (acts done by several persons in furtherance of common intention) of the Indian Penal Code.
Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Vilification
- Rights Concerned
- Offline, Right to Protest
- HRD
- Minority rights defender, Student, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 6, 2020
- Event Description
Concerned citizens and activists have reported the arbitrary detention of human rights defenders Soneshwar Narah and Pranab Doley of the Jeepal Krishak Shramik Sangha (JKSS), a farmers� rights organization, by the Bokhkhat Police Station in Golaghat, Assam. While they were summoned to the police station on the pretext of an inquiry into a complaint filed by them on April 6, they were instead arrested on the basis of a First Information Report (FIR) filed 2 years prior in June 2018 and were taken to Golaghat jail.
Pranab Doley is the Secretary of the Jeepal Krishak Shramik Sangha and has been fighting for the rights of peasant and indigenous communities in Assam. Soneshwar Narah is the convener of the organization.
Doley and Narah were arrested on April 7, and citizens and other activists have written to Sarbananda Sonowal, the Chief Minister of Assam, demanding their unconditional release. The letter asking for endorsements and support for their release reads, �The circumstances under which they were arrested, imprisoned without an immediate bail makes the intention behind their arrest extremely suspicious and their arrest itself a violation of basic human rights and an attempt to suppress voices which are raising serious issues in these difficult times brought about by Covid-19.�
The letter states that a day before their arrest, Pranab and Soneshwar had sent a letter to the CM asking for a high-level probe in a scam related to siphoning off of 800 quintals of rice from the public distribution system (PDS) in Kaziranga Cooperative Society and Golaghat�s Community Cooperative Society. The letter reads, �On the day of the arrest Pranab and Soneshwar were called by the Police officials to the Bokakhat police station to submit written statements pertaining to their police complaint against Kaziranga Cooperative Society filed earlier at the same police station. However, without any prior information or warrant they were arrested as soon as they arrived at the police station.�
The police claim that these arrests were made under a case pending since 2018 when they were charged for �deterring a police personnel for discharging his duty.� The move is especially surprising given that state governments are tryong to decongest jails amid the Covid-19 outbreak. The letter states, �This is indeed surprising that two people raising a serious concern about corruption should be arrested in a 2 year old case in these times when even the Supreme Court of India has asked the states to decongest the prisons to avoid Covid -19 outbreak. Bokakhat Police had numerous opportunities to interact and investigate both Narah and Doley who have been in touch with District law enforcement in the last two years. In view of this prisoners have been released from prisons across the state. It is difficult to believe under these circumstances that Pranab and Soneshwar�s arrest has anything to do with any issue other than the PDS scam.�
The letter further reads that both, Narah and Doley, have been active during the lockdown, trying their best to help by providing essential commodities to those in need, especially when PDS rations are coming in irregular supply.
Through the letter, the citizens have urged the CM to intervene in the matter where the local police are misusing the law to silence the voice of human rights defenders who are bringing up the issue related to critical food for the most underprivileged in these extremely difficult times.
The entire letter may be read and signed below.
https://docs.google.com/document/d/1_nY4RiKR4aRNPPOk6BGnkv-Hb5Fl01ygvgPNIYCArug/edit
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to food, Right to information, Right to liberty and security
- HRD
- Community-based HRD, Indigenous peoples' rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 4, 2020
- Event Description
A week after National Herald exposed how Musahars � one of the most backward and poor sub-castes among Dalits � were pushed to eat grass due following the nationwide lockdown in Modi�s constituency Varanasi, UP police booked the social activist who highlighted the incident under various sections of the Indian Penal Code (IPC) on Saturday.
The activist, Mangla Rajbhar, belongs to the OBC community and is an active member of the People�s Vigilance Committee on Human Rights (PVCHR), was first to bring up the plight of the Musahars on various social media platforms. He was instrumental in highlighting the issue in the local media also.
His colleagues in the PVCHR contend that UP police booked Rajbhar for his campaign which brought discredit to PM Modi in the press.
�Following his persistent campaigning, the incident of Musahars eating grass caught media attention. Due to his campaign, UP police and the Yogi Adityanath-led UP government had to face embarrassment in national and international media,� said Lenin Raghuvanshi, founder of the PVCHR.
Talking to NH over the phone, Raghuvanshi alleged, �Rajbhar came on police radar when he raised the issue of starvation among Musahars. Since PM Modi�s name also got highlighted in the coverage, police hatched a conspiracy and implicated him in a false case�.
Raghuvanshi has written a letter to the NHRC, demanding a probe and revocation of the case slapped on Rajbhar.
According to the FIR registered in Phulpur police station which is some 40 km away from Varanasi, police booked Rajbhar under Section 147 (punishment for rioting), 148 (rioting, armed with deadly weapon), 308 (attempt to commit culpable homicide), 323 (punishment for voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of the peace), 395 (punishment for dacoity) and 397 in a case related to a violent clash between two communities in a nearby village.
According to the local media, in Thana Goan, two groups fought over panchayat elections which are scheduled to be held in the coming months. When police reached to quell the fight, angry people pelted stone on policemen.
Saying that Rajbhar was not even present at the spot when the incident occurred, Raghuvanshi slammed the Yogi government for misusing the police. He said, �Social rights activists, human right activists and journalists are being targeted by the Yogi regime�.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to healthy and safe environment, Right to information
- HRD
- NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 3, 2020
- Event Description
Shadishkanta had company at the Porompat police station on the night of April 1 � Konsam Victor Singh, an employee at a government-run college in Imphal who had also been picked up from his home that evening.
When he asked the police officials why he was being detained, they told him it was related to a Facebook post he had written the previous day, claimed Victor Singh.
The post, written in the Meeteilon language, read: �CM covid-19 relief fund da CM Biren masagi oiba lupa kaya hapkhi khangbiba yaobibaro?� Does anybody know how much has Chief Minister Biren contributed to the CM Covid-19 relief fund?
At the police station, officials told him that there was �pressure from the chief minister�s side� to take action against him, said Victor Singh. �They told me I had no choice but to spend the night in lock-up,� he said.
There were no formal charges against him. The next morning, according to Victor Singh, the police told him he would be released if he deleted his Facebook post and posted an apology on the site. �I had spent the night with six other people in a small cell in the time of Covid-19, so I did what they asked me to,� he said.
He was released after he posted a new update on his Facebook page. It read: �I am deleting this post. I don�t have any negative intention towards the CM of Manipur.�
Haobijam declined comment on Victor Singh�s detention.
Two days later, on April 3, Laifungbam Debabrata Roy, a rights activist and a public health physician, was picked up from his home. At the police station, Roy said, he was asked to explain a Facebook post he had written the previous day.
It read: �The present Manipur Chief Minister, especially at this time of crisis, should desist from wasting State resources, time and personnel in carrying out any personal political agenda or vendetta. It demeans and belittles the position occupied and the responsibility that entails.�
Roy said he told the police official interrogating him that the post did not make any personal attack on the chief minister or his colleagues: �I told them it was just encouraging them not to waste time in pursuing other agenda in a time like this.�
Roy said he also wrote down his explanation, as demanded by the police. Yet they insisted that he had to spend the night in prison.
When his lawyer asked for a formal FIR, the police reportedly furnished a draft FIR that charged Roy under Section 188 of the Indian Penal Code, a section that deals with actions that amount to �disobedience to follow order promulgated by public servant�. However, the FIR was not registered.
The next day, Roy was released after the police made a video of him reading out an apology note to the chief minister.
Imphal West police superintendent, K Meghachandra Singh, said Roy had accused the government of �wasting its resources�. �So, we had an interaction with him and released him on bail bond,� said the police official.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- #COVID-19, Online, Right to information
- HRD
- Blogger/ Social Media Activist, Community-based HRD
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 2, 2020
- Event Description
Dr. SP Udayakumar, aged 61 years is an Anti-Nuclear activist and President of Pachai Tamizhagam Katchi (Green Tamil Nadu Party). He is the convenor of the People's Movement Against Nuclear Energy (PMANE), which is protesting against the Koodankulam Nuclear Power Plant project. He is the founder of South Asian Community Center for Education and Research (SACCER). He obtained his Ph.D in Political Science from the University of Hawaii.
According to sources, on April 2, 2020, there was a nation-wide hunger-strike calling for relief measures for migrant labourers, against the communal angle being portrayed for spread of COVID-19. This hunger-strike was called for by Gandhian organisations which was to be followed by individuals at their homes. Dr. Udayakumar also observed the hunger-strike on the said date at his home in Kanyakumari district. He did not announce that he will be observing hunger strike at his residence to anyone publicly and also to the media persons. Meanwhile, on April 2, 2020, a case has been registered against Dr. Udayakumar at Kottar Police Station in Kanyakumari district with FIR No. 239/2020 u/s IPC 270 (Sec. 3 of Epidemic Disease Act) & IPC 188 (Sec. 51 of Disaster Management Act). It is alleged in the FIR that Dr. Udayakumar has disobeyed the prohibitory orders under Section 144 CrPC and held a press conference in his house with more than five persons. It is also believed that the media personnel were present to cover the news of Dr. Udayakumar observing hunger-strike only on the information provided by the police and through other public sources. It is a clear fact that Dr. Udayakumar did not announce publicly or call for a press meet on that day. It is pertinent to note that Dr. Udayakumar has been posting statements critical of government actions through his social media accounts. He has been critical of the measures taken by the government to tackle the transmission of COVID-19. He had also criticised the communal manner in which the Tamil Nadu government has been mentioning the personal details of the attendees of the religious event organised by Tablighi Jamaat at New Delhi. According to Dr. Udayakumar, this act of targeting a particular religion by the government would affect the communal harmony in the state.
Due to his critical statements against the government, there has been another case registered against him on April 5, 2020, at Kottar Police Station in Kanyakumari district with FIR no. 286/20 under Section 505 of the IPC, 1860 read with Section 67 of Information Technology Act, 2000. Dr. Udayakumar has been facing continuous harassment by the Tamil Nadu police and he already has 105 cases pending against him, including of charges of sedition from the anti-nuclear power plant struggle at Koodankulam. Out of the 105 cases, 68 cases are still in the FIR stage even after eight years of filing. He has also been active in several social issues in the state such as anti-Hydrocarbon struggles, Ockhi cyclone-related struggles, and the anti-CAA/NPR/NRC struggles. Hence, HRDA believes this act of the police of registering false cases against him is an act of reprisal due to his human rights work. Further, the recent acts of the Kottar Police Station significantly restricts his fundamental right of free expression guaranteed through Article 19 of the Indian Constitution.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Judicial Harassment, Vilification
- Rights Concerned
- #COVID-19
- HRD
- Academic, Pro-democracy defender
- Perpetrator-State
- Police
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Apr 1, 2020
- Event Description
On April 1, the police detained and then arrested Takhenchangbam Shadishkanta, a human rights activist. Hours earlier, Shadishkanta�s organisation, Youth�s Forum for Protection of Human Rights, had issued a press release expressing concern about the government�s plans to build a quarantine centre on the outskirts of Imphal, the state capital. This was to house people who had come in contact with suspected Covid-19 patients but were asymptomatic.
�The location they had chosen has many paddy fields,� said U Jenison, a colleague of Shadishkanta. �As we work for the rights of indigenous people who are dependent on paddy farming, we asked them to build it on a nearby unused airstrip instead.�
Jenison alleged that Shadishkanta was picked up by the police from his home late evening on April 1. The police did not inform him or his family of the charges against him, said Jenison. Shadishkanta spent the night in jail.
On the afternoon of April 2, the police visited the home of the organisation�s president, Khangjrakpam Phajaton Mangang, picked him up and jailed him along with Shadishkanta. Mangangwas not apprised of the charges against him, either, claimed Jenison.
The police made the two sign an arrest memo that did not bear the time or grounds of arrest, he alleged. When a team from the human rights organisation demanded that they be shown the first information report that was the basis for the arrests, they were reportedly told that the police were still in the process of framing charges. That was on the evening of April 2.
It was only later in the evening that the police produced an FIR, said Jenison. The two activists had been charged under the National Disaster Management Act, 2005, and Section 120 (b) of the Indian Penal Code, which deals with �criminal conspiracy�.
Soon afterwards, around 9.30 pm, Mangang and Shadishkanta were produced before the court of the chief judicial magistrate, East Imphal. They were released around 10 pm, after they produced a surety bond of Rs 30,000 each.
Jogeshchandra Haobijam, the chief of Imphal East police, said Mangang and Shadishkanta had been charged for suggesting the use of the air strip as a site for the quarantine centre. �It is defence land,� he said. �Any X or Y cannot say like that about defence land.�
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- #COVID-19, Offline, Right to information
- HRD
- NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Mar 17, 2020
- Event Description
Two days after he was granted bail by a National Investigation Agency (NIA) court in Assam, anti-Citizenship Amendment Act (CAA) activist Akhil Gogoi was arrested again on Thursday morning.
Although formalities regarding his bail were completed, the founder of Krishak Mukti Sangram Samiti (KMSS), a farmers� rights body, could not avail it as police from Sibsagar district arrested him in a separate case.
�A police team from Sibsagar arrested him inside the central jail in Guwahati and took him away around 5:00 am on Thursday morning,� said Gogoi�s lawyer Shantanu Borthakur.
A court in Sibsagar, located 360 km east of Guwahati, had granted four-day custody to the police in connection with a case lodged against the RTI activist in December last year during the peak of anti-CAA protests, which Gogoi and his organisation had been spearheading.
�There are several cases lodged against Gogoi in many police stations. We still don�t have details of all of them. The one in Sibsagar was lodged suo motu by the police under 153A of IPC, a non-bailable section,� said Borthakur.
The IPC section deals with promoting enmity between different groups, on grounds of religion, race, place of birth, language, residence etc and doing acts prejudicial for maintenance of harmony.
On Tuesday, the NIA court in Guwahati had granted bail to Gogoi after the agency failed to file chargesheet against him within 90 days of arrest and sought more time.
Gogoi was arrested at Jorhat on December 12 last year for his role in the protests against CAA, which seeks to fast forward citizenship to Hindus, Sikhs, Christians, Parsis, Buddhists and Jains from Bangladesh, Pakistan and Afghanistan.
He was later handed over to NIA and a court in Assam sent him in custody of the agency for 10 days. He was taken to New Delhi the same day for questioning.
Gogoi was brought back to Guwahati on December 25 and was in judicial custody ever since. Several demonstrations seeking his release following reports of his deteriorating health had taken place both in Assam and outside.
The NIA has lodged a case under sections 120B, 124A, 153A, 153B of Indian Penal Code (IPC) and Section 18 and Section 39 of the Unlawful Activities (Prevention) Amendment Act (UAPAA).
The charges pertain to criminal conspiracy, sedition, promoting enmity between groups on grounds of religion, race, place of birth, residence, language etc., assertions against national integrity, support to terrorist organization etc.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Intimidation and Threats, Judicial Harassment
- Rights Concerned
- #COVID-19, Right to health, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, RTI activist
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Active
- Date added
- Aug 21, 2020
- Country
- India
- Initial Date
- Feb 11, 2020
- Event Description
In yet another case of whistle-blowers being intimidated by mafia groups, Mahesh Vijayan, an RTI activist, who fights against illegal soil mining in the district, was attacked by a four member-gang on Tuesday night at his residence at Nattassery near here.
Mahesh was earlier attacked on the premises of the Kottayam municipal office on January 22, by some sand mining contractors, injuring him seriously. Later, Mahesh was threatened by another contractor over phone for moving against illegal sand mining in the district.
In a complaint filed at the Gandhi Nagar police station, Mahesh said the gangsters arrived at his house around 8 pm on Tuesday in a car, which was registered in the name of K S Ajayan, one of the accused who had attacked him at the Kottayam municipal office. “They asked me to come out of the house to discuss something. Sensing something was wrong I stayed on the veranda of my house. When they came to me and attacked me with hockey sticks and iron rods, I ran inside and closed the door. However, they tried to break open the door, but withdrew from the attempt when my mother and wife screamed for help,” Mahesh told TNIE.
Mahesh added that the miscreants came in a car bearing registration number KL-05-AU-6003 and he filed the complaint along with such details.
Gandhi Nagar station house officer Cletus K Joseph confirmed that police have prepared an FIR based on the complaint lodged by Mahesh and an investigation has been started. Mahesh said he was attacked for trying to prevent illegal sand mining.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- Intimidation and Threats, Raid, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to property
- HRD
- Environmental rights defender, Family of HRD, RTI activist
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Mar 25, 2020
- Country
- India
- Initial Date
- Feb 15, 2020
- Event Description
When a peaceful citizens’ foot march spooks Yogi Adityanath government and the group—which comprises not more than 10 people—is arrested in Uttar Pradesh’s Ghazipur, it is evident that any solidarity to the arrested individuals will not be tolerated by the state police.
On Saturday, at least 12 were detained by the Uttar Pradesh Police allegedly for staging a fast in front of the Ghazipur’s district headquarter. Those detained include university students and local youth.
The collective action, as NewsClick has learnt, was in solidarity with those arrested earlier by UP police on the ninth day of the foot march which started from Chauri Chaura near Gorakhpur. The individuals, detained on Saturday, were allegedly also beaten up by the police.
“The police didn’t allow the individuals to stage a peaceful fast outside the district headquarter. The individuals have been detained in the afternoon,” Dhananjay, a Banaras Hindu University (BHU) student, told NewsClick over the phone.
No information as to when they will be released is being provided yet, he added.
In the wake of the protests erupting across the country against the controversial Citizenship (Amendment) Act (CAA) and the proposed National Register of Citizens (NRC), police brutality, which includes violence against the protesters and custodial torture against those detained, has been reported in the state of Uttar Pradesh. As many as 23 have been reportedly killed in the state during the protests.
A group of students and activists, including a woman journalist, started a 60-day Nagrik Satyagraha Padayatra against the Uttar Pradesh Police’s brutalities in dealing with anti-CAA-NRC protests. They were accused of “instigating and misleading” people against CAA and NRC, reported The Telegraph.
Earlier, in a letter dated February 13, to the District Magistrate, the detained satyagrahis had said that they were starting a fast from 5 pm on Thursday against their arrest.
In a statement released on the same day, the detainees condemned their arrest and said the “police have tried to shrink and divert objective of our yatra”.
“In the FIR, they said that our yatra is against CAA and NRC,” however, “our yatra is against every form of violence and hate which exists in society and to spread the ideas of Gandhi.”
If this was not enough, a local Sub-Divisional Magistrate (SDM) issued notices for bail bonds of Rs. 2.5 lakh each, along with two Gazetted persons per individual as guarantors.
“It is sad to note that a yatra which aims to spread the Gandhian values was not being allowed by a government which does its politics in Gandhi’s name,” Dhananjay said, who is also a representative of the BHU Joint Action Committee which is seeking release of those who are arrested.
- Impact of Event
- 12
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to liberty and security, Right to Protest
- HRD
- Student, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 25, 2020
- Country
- India
- Initial Date
- Feb 11, 2020
- Event Description
Days after a group of students and activists, including a female journalist, were released on bail from Uttar Pradesh’s Ghazipur district jail, the police took them into custody again citing a law and order situation, news website newsclick.in reported.
The protesters were supposed to resume their ‘satyagraha’ foot march from Ghazipur city to Delhi. However, the police stopped them, took them into different police vans and left them at the Banaras Hindu University (BHU).
After spending six days in jail, the ‘satyagrahis’ were released on bail in the evening of February 16. Soon after their release, the students announced they were restarting their march, only to be arrested again by the police.
Manish, a protester who was arrested by the police said: “On February 11, everyone was arrested from Birno village in Ghazipur without any prior notice in the presence of two Sub Divisional Magistrate (SDM), Tehsildar, Superintendent of Police (SP) along with about a hundred cops.” Manish said students were told that what they were doing was “illegal”, despite “conducting the march in a manner which does not even breach Section 144, forming groups of three who would go to colleges, religious sites and other public places to raise awareness about the hatred bifurcating society on communal lines.”
He added that a trainee IAS officer detained the students and kept them in Hawai Patti for two hours before sending them to the Ghazipur district jail. “We have been told by cops that our march can make thousands of people stand in our favour,” he said.
He said there was a lot of “pressure” on the administration to stop the march so that they could not discuss the CAA and NRC with people in villages. The student adds that the police is “continuously threatening us and our family” so that they retreat. “Their objection is that we are marching for those killed during the CAA and NRC protests. I don't know why this government is scared of non-violent persons following the Gandhian Path. We will continue our satyagraha no matter what hurdles come in between," added Manish.
When asked about those detained today, Manish said that people had joined them midway. “They all (12 people) were taken into custody on Monday morning when they were gearing up to continue their foot march but police officials put all of them in the police van and freed them at the main gate of BHU. Five of us who escaped from police also started marching towards Delhi from Ghazipur itself,” he mentioned.
On February 11, Uttar Pradesh Police arrested ten young Gandhian activists for organising a march to Delhi for promoting communal harmony. The activists were marching from the iconic Chauri Chaura to Varanasi in wake of protests over the contentious Citizenship Amendment Act (CAA) and the brutal repression by state police resulting in deaths of 23 people.
The activists had alleged the police arrested them without citing any reason.
Meanwhile, journalist Pradeepika Saraswat, who was the only woman member among the group of ten to fifteen people who were arrested and kept in Ghazipur district jail, has written a letter from jail which has been making the rounds on social media.
Saraswat penned down a heartfelt note on the condition of the jail, as well her own experience of jail. "There are more than 40 women in two barracks within the jail while one barrack is for only six detainees. Even the officials here believe that there are no complete arrangements in the jail," the journalist wrote in her letter.
- Impact of Event
- 10
- Gender of HRD
- Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Denial Fair Trial, Restrictions on Movement
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to fair trial, Right to liberty and security, Right to Protest
- HRD
- Media Worker, Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 25, 2020
- Country
- India
- Initial Date
- Feb 17, 2020
- Event Description
A Magsaysay Award-winning social activist was arrested by the Lucknow police on Monday, while he was about to take out a protest march against the Citizenship Amendment Act and the National Register of Citizens in the Uttar Pradesh capital. The activist, Sandeep Pandey, was released on bail after being produced in the District Magistrate's court.
Police said a case under Section 151 of the Indian Penal Code -- which pertains to violating prohibitory orders -- was filed against him at the Thakurganj police station.
Cellphone footage of the incident from earlier in the day showed a group of police personnel surrounding the activist, a vocal critic of the amended citizenship law, before urging him and nine others into a police vehicle. Sandeep Pandey was picked up from the Lucknow Clock Tower, which has witnessed many protests against the Citizenship Amendment Act over the last two months.
"Sandeep Pandey and his associates are also accused of distributing pamphlets criticising the Citizenship Amendment Act," news agency PTI quoted Thakurganj Station House Officer Pramod Singh as saying.
Last month, another police case was filed against Sandeep Pandey for allegedly making "inappropriate comments" against Hindutva ideologue VD Savarkar.
According to a complaint filed by Hindu Mahasabha national vice-president Rajiv Kumar, the activist had passed the comments while addressing anti-citizenship law protesters at the Aligarh Muslim University on January 19. He also allegedly claimed that the same people who had tried to "divide Hindus and Muslims" during the British Raj were trying to do it again.
A first information report was filed against Sandeep Pandey under sections 153 A (provocation with intent to cause riots) and 505 (1)b (inciting public or community to commit an offence) back then.
Sandeep Pandey, an alumnus of the Banaras Hindu University and the University of Californa, Bekeley, had won the Ramon Magsaysay award in the emergent leadership category in 2002.
- Impact of Event
- 10
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 25, 2020
- Country
- India
- Initial Date
- Feb 8, 2020
- Event Description
On February 8, two plainclothes police officers in the Mallepally area of Hyderabad, in the southern Indian state of Telangana, arrested Khurram, a reporter with the local Urdu-language newspaper The Siasat Daily, while he was covering a protest against the newly enacted Citizenship Amendment Act and National Register of Citizens that demonstrators allege discriminate against Muslims in the country, according to news reports and the journalist, who spoke to CPJ in a phone interview.
Police held Khurram for more than 15 hours, questioned him about his alleged ties to the protests, and released him after opening an investigation into five criminal allegations against him, he said. If charged and convicted, Khurram could face up to two years in prison for rioting, the most serious charge among those allegations, according to the Indian penal code.
“The protests taking place across India are of national importance and journalists must be able to cover them freely,” said Aliya Iftikhar, CPJ’s senior Asia researcher, from New York. “Hyderabad police never should have detained journalist Mohammed Mubashiruddin Khurram, who was simply doing his job, and should drop their investigation against him.”
In a police document reviewed by CPJ, authorities accused Khurram of violating criminal statues on rioting, wrongful restraint, assault to deter a public servant from discharging their duty, disobedience of an order by a public servant, being a member of an unlawful assembly, and destroying public property.
Hyderabad Police Task Force Inspector B. Gattu Mallu told CPJ in a phone interview that police “did not target [Khurram] because he is a journalist” and said that officers arrested him pursuant to a complaint previously filed by police. The complaint, which CPJ reviewed, accused Khurram of creating “law and order problems” but did not make any specific allegations. Mallu refused to elaborate further on Khurram’s case.
Following his arrest, police officers denied Khurram access to a lawyer or a phone call to his family, he said. He told CPJ that he was held for the night and was questioned by Deputy Commissioner of Police Radha Krishan Rao in the morning of February 9.
Rao accused Khurram of organizing the protests and questioned him about his tweets concerning the demonstrations and his alleged ties with Chandrashekhar Azad, one of the protest organizers, Khurram said.
Khurram told CPJ that he was not involved in organizing the protests, and that he only met Azad to interview him. He said he was only ever present at the protests to do his job as a journalist.
Khurram said Rao attempted to recruit him as a government informant, but Khurram said he refused. Following questioning, Khurram was released around 1:30 p.m. on February 9, he said.
Rao did not respond to a text message and phone call from CPJ seeking comment.
CPJ has documented a number of attacks against journalists covering protests across the country since December 2019.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Mar 4, 2020
- Country
- India
- Initial Date
- Jan 26, 2020
- Event Description
Bharatiya Janata Party officials must cease inciting online harassment against journalist Arfa Khanum Sherwani, and Indian authorities should ensure that threats against journalists are taken seriously, the Committee to Protect Journalists said today.
Sherwani, a senior editor at the news website The Wire, told CPJ in a phone interview that officials in the ruling party and their supporters are intentionally spreading misinformation about her online and attempting to smear her as calling for the creation of an Islamic caliphate in India. She said she has received death and rape threats on Twitter, Facebook, and Instagram in relation to the smears.
On January 26, Amit Malviya, the head of the Bharatiya Janata Party’s information technology department, shared an edited video clip on Twitter that he alleged showed that Sherwani was discussing a “strategy” for building a caliphate. The video, a 42-second clip of a speech that Sherwani gave at Aligarh Muslim University, was taken out of context so a portion of her speech discussing strategy for secular protests was cast as a strategy for building a caliphate, according to news reports.
The video was also tweeted by other party officials, including spokesperson Sambit Patra, who said Sherwani was trying to set up an Islamic Caliphate, by the party’s official account for Karnataka state, which alleged she had a hidden agenda, and by Priti Gandhi, who runs social media for the official women’s wing of the party, according to social media posts and news reports.
Those posts have been retweeted tens of thousands of times, and the replies include threats and smears against Sherwani, branding her as anti-Hindu and saying that she has no place in India.
“It is extremely irresponsible and dangerous for Bharatiya Janata Party officials to be targeting and distorting journalist Arfa Khanum Sherwani’s comments,” said Aliya Iftikhar, CPJ’s senior Asia researcher. “Party officials should not spread misinformation about journalists online, and Indian authorities must ensure that threats made against Sherwani are taken seriously.”
Sherwani, who hosts a video news program for The Wire, told CPJ she thinks she is being targeted because of her large viewership, and particularly because of her reporting and commentary on the Citizenship Amendment Act and the proposed National Register of Citizens, which critics allege discriminate against Muslims. She said she thinks she is an “easy target” because of her Muslim name.
She said she has faced online harassment frequently in recent years, and that such harassment has intensified since Prime Minister Narendra Modi’s reelection in May 2019.
Malviya, Patra, and the Bharatiya Janata Party’s national spokesperson for media, Anil Baluni, did not immediately respond to CPJ’s request for comment via email.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Death threat, Gender Based Harassment, Intimidation and Threats, Online Attack and Harassment, Vilification
- Rights Concerned
- Offline, Right to healthy and safe environment, Right to protect reputation
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Government
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Mar 4, 2020
- Country
- India
- Initial Date
- Feb 24, 2020
- Event Description
On Monday, NDTV's Akshay Kumar Dongare was assaulted by a mob while he was reporting, at around 4 pm. During a live report, he and his cameraperson were surrounded by a mob. Akshay was slapped but kept trying to pacify the attackers. The mob tried to snatch his mic and mobile.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Extremist group
- Source
- Monitoring Status
- Pending
- Date added
- Mar 4, 2020
- Country
- India
- Initial Date
- Feb 25, 2020
- Event Description
Three NDTV reporters were brutally assaulted.
NDTV’s Arvind Gunasekar was attacked by a mob that hit him on the face. A lathi was about to be brought down on his head when his colleague, Saurabh Shukla, intervened. The lathi hit Saurabh instead; he was also punched on the back. Arvind lost a tooth in the attack. Both are safe now.
NDTV’s Mariyam Alvi was also hit on the back by a mob elsewhere in northeast Delhi, from where she was reporting along with Sreenivasan Jain. The cameraperson, Sushil Rathee, was also injured.
In an interview to NDTV, Saurabh Shukla said that he was able to escape only when he showed his foreign correspondent’s club ID card and told him that you shouldn’t be filming this since you are our man (belong to our religion). Most of the journalists were let-off due to their religious identity.
Elsewhere situation turned so bad that locals had to form a human chain to escort school children to safety. Police was nowhere to be seen. This was barely 20 kms from where Modi Trump joint statement was to be made.
Apart from it earlier, several journalists were attacked at Maujpur area in North-East Delhi notably one among them was Runjhun Sharma of News18 and an NDTV video journalist and a reporter as per News 18 report. This, in the aftermath of the anti-CAA and pro-CAA protesters came to streets clashing with eachother.
News18 reporter Runjhun was reporting from Maujpur when the incident took place.
According to a report by News18, the News18 reporter by her own account, in its 2:30 pm bulletin said that she was let off only when the rioters were convinced that she was a Hindu and to escape the fury of the mob she had to show her Identity card.
The crowd asked the journalists to delete all the videos in which they were showing arson. According to their report, an NDTV staffer had to be taken to the hospital due to his injuries. Surprisingly, NDTV did not update about journalists being attacked in Maujpur till at least 3:00 pm which was half-and-hour following the News18 breaking update about attack on journalists.
- Impact of Event
- 4
- Gender of HRD
- Man, Woman
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker, WHRD
- Perpetrator-Non-State
- Extremist group
- Source
- Monitoring Status
- Pending
- Date added
- Mar 4, 2020
- Country
- India
- Initial Date
- Feb 25, 2020
- Event Description
A 30-year-old TV journalist from JK 24X7 News was shot at while an NDTV journalist was allegedly thrashed by rioters in Northeast Delhi Tuesday.
Akash Napa was covering the violence at Maujpur at noon when a group of men shot him in his left shoulder, said his colleagues. He was rushed to hospital. Haider Ali, assignment head at JK 24X7 News, said, “Napa lives in Seelampur and left for the assignment at 10.30 am. At 12:10 pm, he did a Facebook Live on a riot which showed two groups pelting stones at each other. Akash was leaving for another riot site when he was shot by someone from the back. Some locals called a PCR van and he was taken to a hospital half-an-hour later. He will be operated on at night. We came to know about the incident after an hour and rushed to the hospital.”
In a video released by the news channel, Napa said, “They were firing at police and all of a sudden, a bullet hit me. A few locals picked me up, put me inside a bus and called a PCR van. I think the men who shot me were anti-CAA protesters from Kardampuri. I saw 10-15 people running towards me… but couldn’t see who shot me.”
A little later in the afternoon, NDTV reporter Arvind Gunasekar was attacked by a mob near Shahdara’s Meet Nagar flyover as he shot a video of a religious structure being damaged by men wielding sticks and rods. Gunasekar said, “I received blows to the face and kicks. Three of my front teeth are broken and have to be removed… implants will be put.”
His colleague Saurabh Shukla and CNN News 18 reporter Runjhun Sharma were with him at the time of the incident.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Mar 3, 2020
- Country
- India
- Initial Date
- Feb 5, 2020
- Event Description
In addition to the excessive use of force by the police to disperse the protestors, an FIR was registeredat Bilariyaganj police stationin Azamgarhagainst atleast 135 people.It is alleged by the police that the protest was a platform for inflammatory speech as well as derogatory comments on the Prime Minister Narendra Modi along with rioting and other charges. Among the 135 people, 35 have been named so far and 20have already been arrested, other 100 are unnamed and HRDA fears this will be used to target HRDs and those who express dissent against CAA and government policies in Azamgarh.FIR has been filed under sections 147 (rioting), 153-A (promoting enmity between different groups), 124-A(sedition), 504 (insult with intent to provoke breach of the peace), 307 (attempt to murder),120-B (criminal conspiracy) of the Indian Penal Code and under Prevention of Damage to Public Property Act and section 7 Criminal Law Amendment Act (CLA).Such serious charges against peaceful protestors exercising their fundamental rights to assemble andexpress is highly condemnable, which are guaranteed by the constitution as well as in International law through several instruments.
Protestorswere protesting peacefully against the controversial Citizenship Amendment Act.The police also registered anFIR at Bilariyaganj police station against at least 135 people, of which only 35 have been named and the rest are unidentified, for allegedly using foul language against Hindus and Prime Minister Mr. Narendra Modi.Twenty people named in the FIR have also been arrested.The measures taken by the police to forcefully disperse protestors as well as charge them with several charges including rioting areblatant violation of their rights to freedom of assembly and association and theirright to peaceful protest.The police action also flouted all provisions of the operating procedures the UP police has to adhere in the management of assemblies. Protestorsincludedhuman rights defenders, womenand citizens from varied social backgroundsand civil society groups, attending the sit-in rally,who were subjected tobrutallathi charge, ill-treatmentand teargas. Those arrested also include a 16-year old boy who works as a cleaner, a woman who identified as Munni Bano who was released later due to health condition and NationalGeneral Secretary of Ulema Council Maulana Tahir Madani.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Freedom of association, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 14, 2020
- Country
- India
- Initial Date
- Jan 23, 2020
- Event Description
Ms. Jagriti Rahi is a social activistand engaged on issues related to women and children at national and state levelsfor the last 20 years. She has been a member of several regional/district level committees for protection of women and child rights in Uttar Pradesh. She is a member of Juvenile Justice Board for the last 3 years. She is also a member of National Alliance for People’s Movement (NAPM)state committee and Sajha Sanskriti Manch working on environment issues such as Ganga and sisterrivers.She also worked for the Gandhi 150 (150thbirth anniversary of Mahatma Gandhi) with childrenandyouth and was part of more than 40 Sadbhavna Sangams organised in eastern Uttar Pradesh against hatred and communal agenda.
According to information received,on January 29, 2020,anon bailable warrant has been issued by the Special Chief Judicial Magistrate, Varanasi against Ms. Rahiin case no: 09/2020 registered under IPC sections 147, 148, 149, 188, 332, 353, 336, 114, 120 B and Section 7 of Criminal Law (Amendment) Act (CLA).On January 23, 2020,Uttar Pradesh Police filed a FIRin Varanasi’s in the Chawk Police Station (case no: 09/2020) naming 32 persons and 500 to 600 unknown personsfor protests on January 23, 2019. Though Ms. Rahi is not named as an accused in the FIR, the note in the FIRhas her referencein relation to the anti-CAA/NRC protest. The note accusesMs. Rahi for inciting violence andsocial disharmony during the protest dharna organised at Beniyabag ground earlier on December 19, 2019,in Varanasi. On January24, 2020,Ms. Rahi came to know this through newspapers and administrative sources that her name is also now being associated with the dharna programme organisedon 23 January, 2020. Ms. Rahi informed the HRDA that a media portal with the name ‘Amritprabhat’ also published her photograph in an attempt to spread alarming false rumourand perpetuate misunderstanding,claiming this to be a part of an organisedconspiracy against her. Ms. Rahi also informed that she had no participation in either the protest demonstration held in Beniyabag, Varnasi on December 19, 2019 or in any its preparatory meetings. She has neither been named nor there is any reference of her participation in any FIR related to the December event. Her name has been referred in thenote of theFIR filed on January23, 2020,at the Chawk police station in Varanasi whereas on that very day she was present in her office till 5 pm. Ms. Rahi had no connection whatsoever with the incidents of either on December 19, 2019 or incident of January23, 2020.Ms. Rahi is being targeted by the police administration and other non-state actors in a smear campaign which is aimed at attacking her reputation, credibility and harass and criminalise her work. Reference of her name in police FIR and smear campaign against Ms. Rahi are an effort to slander the woman human rights defender in order to silence her. Sheis facing the threat of her arrest and judicial prosecution due to false charges being levelled against her by the Uttar Pradesh Police.After the non-bailable warrant issued on January 29, 2020,Ms. Rahi is facing the threat of her imminent arrest and detention.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Judicial Harassment, Vilification
- Rights Concerned
- Right to healthy and safe environment, Right to protect reputation
- HRD
- Community-based HRD, WHRD
- Perpetrator-State
- Judiciary
- Source
- Monitoring Status
- Pending
- Date added
- Feb 10, 2020
- Country
- India
- Initial Date
- Feb 1, 2020
- Event Description
Mr. Ranjan Kumar Das is a Right to Information (RTI) activist based in Odisha.He was the Kendrapara district unit convener of Odisha Jana Suchana Adhikar Abhijan (OSAA) which is a state level platform of HRDs. Hewas associated with OSAA since 2012.Hewasknown for filing multiple RTI applications in connection with several irregularities in Kendrapara district. RTI inquiry filed by Ranjan Kumar Das in 2018 had exposedbrazen violation of law by Odisha Tourism Development Corporation (OTDC) in building a tourist resort in Odisha’s BhitarkanikaNational Park’s core area where no such construction is allowed. In 2019 the he had exposed misappropriation of funds allotted under Integrated CoastalZone Management (ICZM) to an NGO of the district in connivance with officials of Bhitarkanika National Park by not planting mangrove trees in the forest.
According to sources on 1 February, 2020 morning the dead body of Mr. Ranjan Kumar Das was found just about 2 km from his homeunder mysterious circumstances on roadside near Sinikata area of Beruan village under Marshaghai block in Kendrapara district in Odishawith multiple injuries on the head and face.According to sources, the body of the HRD was spotted by locals early on morning and they informed the police immediately. His family members and friends suspect that he might have been murdered. Sources informed that Mr. Ranjan Kumar Daswas regularly receiving death threats for seeking information including on the numerous brick kilns that had sprung up illegally. He informed about the threat to his life to the district police and even filed a complaint before the Patamundai police station, Kendrapara but it is alleged that the police did not take any immediate action. HRDA was informed that only last month his parents received death threats asking them to keep Mr. Ranjan Kumar Dasactivism under check.Recently, he had lodged a case before the Odisha Lokayukta alleging encroachment of 1,100 acres of government land by a resident of Mahakalpada for shrimp farming. He also exposed irregularities in a recent mini-stadium project which was to be built by using manual labour under the NREGA scheme but instead of following those guidelines the contractor used JCB machines to do that work. Mr. Ranjan documented the irregularitiesand exposed the corrupt practices due to which the payments of the contractors were withheld. He had also filed RTI applications seeking information about the quality of dry food for babies in anganwadi centres as well as irregularities in government schemes such as Pradhan Mantri Rozgar Yojana and Pradhan Mantri Gramin Awaas Yojana. Mr. Ranjan used to file petitions before the Vigilance department and Lokayukta urging them to conduct inquiry into matters of corruption in the district. RTI activists in Odisha suspect that Mr. Ranjan might have been killed as he had raised his voice against illegal sand quarries, brick kiln owners, a few NGOs and officials in the district and its nearby areas by obtaining information under the Right to Information (RTI) Act.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Extrajudicial Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- RTI activist
- Perpetrator-Non-State
- Suspected non-state
- Source
- Monitoring Status
- Pending
- Date added
- Feb 9, 2020
- Country
- India
- Initial Date
- Jan 31, 2020
- Event Description
Mr. Shanmugam is a farmer by profession and is also a Right to Information (RTI) activist. He has been actively involved in various social issues in Karur district of Tamil Nadu. He also uses Right to Information (RTI) Act to seek information regarding distribution and usage of government schemes and programsin order to prevent corruption.
On 31.01.2019, Mr. Shanmugam was present at the District Collectorate in Karur to attend the ‘Grievance Day’ which is organised every week by the District Collector. Nearly 50 farmers were present for the ‘Grievance Day’ meeting along with Mr. Shanmugam. As the meeting started, Mr. Shanmugam raised the issue of non-implementation of repair works in ‘Rajavaickaal’, a canal located in Thirumanilayur in Karur district through which the farmers get irrigation for their agricultural lands. He complained that the repair works has not been carried over for a few years and due to which the farmers are suffering without proper irrigation. The District Collector Mr. Anbalagan, who presided over the meeting answered to Mr. Shanmugam’s complaint that all the repair works have been completed in the above-mentioned canal. To this, Mr. Shanmugam replied to the District Collector that as stated, the repair works have not been completed and he has submitted many written petitions regarding this to the District Collector, and yet no action has been taken. Then the District Collector Mr. Anbalagan told Mr. Shanmugam that whatever he says is the truth and that he should not talk. But Mr.Shanmugam continued to talk about his grievance on the canal repair works. Immediately, the District Collector Mr. Anbalagan ordered to arrest Mr. Shanmugam. Then Mr. Shanmugam was immediately detained by the police personnel escorting the District Collector in the premises of the District Collectorate where the ‘Grievance Day’ meeting was being held. Then later, Dr. Umapathy, an officer at the Agriculture Department who is also the Personal Assistant (Agriculture) to the District Collector, submitted a complaint at Thanthondrimalai Police Station in Karur that Mr. Shanmugam spoke harshly against the District Collector. The Inspector of Thanthondrimalai Police Station without any investigation filed a First Information Report against Mr. Shanmugam on the basis of the complaint of Dr. Umapathy under Sections 294 (b), 353, 506 (1) of the Indian Penal Code. Mr. Shanmugam was then remanded in prison. Mr. Shanmugam has been falsely charged with offences under Indian Penal Code only for raising livelihood issuesof farmers in Karur district with the District Collector in ‘Grievance Day’ meeting.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to information, Right to liberty and security
- HRD
- Community-based HRD, RTI activist
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Feb 4, 2020
- Country
- India
- Initial Date
- Jan 5, 2020
- Event Description
Masked men wielding sticks, rods and sledgehammers terrorised Jawaharlal Nehru University for close to three hours on Sunday evening, entering hostels, attacking students and teachers and leaving 26 injured.
Eyewitnesses and many of those injured said the men, who as per some estimates numbered around 100, were mostly outsiders and belonged to the ABVP — a charge the RSS student outfit denied. Eyewitnesses also accused police of failing to stop the mob from entering the campus or ending the violence sooner, despite calls from JNU as well as frantic students and teachers.
Among those injured were 22 students, including JNU Students’ Union (JNUSU) president Aishe Ghosh, two teachers and two guards, who have been admitted to AIIMS and Safdarjung Hospital.
Union Home Minister Amit Shah ordered the Delhi Police to hold an inquiry, as the HRD Ministry condemned the incident, blaming outsiders for it, and said “anarchy will not be tolerated”. Several Union ministers and JNU alumni, such as Nirmala Sitharaman and S Jaishankar, criticised the violence.
The chaos started around 6:30 pm when a ‘peace march’ called by the JNU Teachers’ Association on campus was wrapping up. Teachers had gathered to call for calm a day after the campus had seen a scuffle between activists of the ABVP and Left outfits. The campus has been seeing protests against hostel fee hike for around three months. Police finally arrived outside the campus only around 7.30 pm, and said it held flag marches inside at regular intervals. By Sunday night, over 700 policemen were present on the campus.
The ABVP claimed it had no link to the violence and its members were, in fact, attacked by Left outfits. While all Opposition parties condemned the violence, blaming “fascist” forces, the BJP called it “a desperate attempt by forces of anarchy, who are determined to use students as cannon fodder, create unrest to shore up their shrinking political footprint”. Congress General Secretary Priyanka Gandhi Vadra visited the injured students at AIIMS.
While tweeting his “pain and anguish” over the injured students, Vice-Chancellor Mamidala Jagadesh Kumar attached a press note by the Registrar talking about the protests over the fees hike and expressing regret that “a group of students with their violent means of protests are preventing thousands of non-agitating students from pursuing their academic activities”. According to eyewitnesses, the crowd of masked men first gathered at Periyar Hostel, a couple of hours before the attacks started. Soori Krishan, an SFI activist, was among the first to get hit. “A large crowd with covered faces abused us in Hindi. When I started retorting, they hit me with a metal rod on my head. I’ve received two stitches and my hands are injured too,” said the MA student who was taken to AIIMS.
The teachers said on seeing the group “of around 100 men with their faces covered, sticks and stones in hands” marching towards them, they approached them in a bid to placate them, but were attacked instead. One teacher said “the stones were big enough to crack a skull”.
Professor Shukla Sawant said she was hit on the head and back. “They just starting pelting huge stones at us and beating everyone,” she said. Professor Atul Sood said, “Police were at the JNU gate while all this was happening and nobody stopped this mob. For the next two hours they went from hostel to hostel.”
A Masters student told The Indian Express over the phone around 9.45 pm: “When the mob began attacking, many of the women ran towards the women’s wing of Sabarmati Hostel. Around seven of us have been locked inside a room for three hours now. There are people with head injuries here.” Students said at least seven hostels — Periyar, Sabarmati, Tapti, Mahi Mandavi, Lohit, Koyna and Kaveri — were targeted. Doors were broken, windows smashed and students’ belongings were trashed as the men went from one corridor to the next, ignoring pleas by women hostellers. One video showed a group of women asking the mob to back off, and the men rushing at them with weapons.
A resident of the men’s wing of Sabarmati Hostel said the attackers asked him if belonged to any Left group. “At around 6:30 pm, around 20 masked people entered the hostel. They were carrying sticks, iron rods and some liquid in glass bottles. I live on the second floor and could see what was happening… I waited in my room and they pushed me and asked me if I belong to any Left party. I said I’m not, even though I am. They looked around my room for a while and then left,” he said.
He spoke to The Indian Express around 10:30 pm and said no security guard or police personnel had come to the hostel till then.
JNUSU president Ghosh was injured near Sabarmati Hostel and taken to AIIMS. Nikhil Matthew, who was with Ghosh and her sister at the time, said they “begged” the mob not to hit them. With blood flowing down her head, Ghosh said, “I am not in a condition to talk.” Doctors said she had lacerations on her forehead.
In a statement, the JNUSU blamed “ABVP goons, mostly from outside campus” for the violence. “The Bajrang Dal and members of other such outfits outside the main gate are asking for students to be shot. Why is police not ensuring that JNU remains a safe space for all students?” it said.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment
- HRD
- Academic, Student
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Feb 4, 2020
- Country
- India
- Initial Date
- Dec 19, 2019
- Event Description
Mr. Pawan Rao Ambedkar Pawan is a known Ambedkarite activist in Uttar Pradesh.He is a lecturer based in Rai Bareily in Uttar Pradesh. He has been actively working against rising social and economic equality and caste discrimination in society.
According to the sources on December 19, 2019Mr. Pawan Rao Ambedkar was arrested by Uttar Pradesh during the protestsagainst Citizenship Amendment Act at Parivartan Chowk in Lucknow. The said protests were termed illegal due to imposition of Section 144 of Code of Criminal Procedure in the city.A case against Mr. Pawan Rao Ambedkar Pawanwas filed in Hazratganj police station in Lucknow with Case no 600/2019 under sections 147, 148, 149, 152, 307, 323, 504, 506, 332, 353, 188, 435, 436, 120 B, 427 of Indian Penal Code (IPC), sections 3 and 4 of Prevention of Damage to Public Property Act. Section 7 of Criminal Law (Amendment) Act (CLA). He has been chargedfor rioting, unlawful assembly, attempt to murder, wrongful constraints, criminal intimidation, criminal assault on public servant etc.Mr. Pawan RaoAmbedkar had claimed that he had been falsely implicated in the matter and that he had nothing to do with the alleged protests, the State had argued that he was involved in harmingproperty and assaulting police personnel, for which he was arrested from the spot. Mr. Pawan RaoAmbedkar’sbail application was rejected on December 23, 2019 by the Additional Chief Judicial Magistrate,Lucknow. He was granted bail onJanuary 4,2020 by Additional District and Sessions Court no1, Lucknow.The court called into question Lucknow police’s contention that the people brought before it were directly involved in inciting violence. Hehas to wait for two-day as the formalities for hisrelease could not be completed after the bail orders.He had to spend close to 15 days in jail.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Freedom of association, Offline, Right to liberty and security, Right to Protest
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 11, 2020
- Country
- India
- Initial Date
- Dec 20, 2019
- Event Description
Mr. SR Darapuri (75 yrs) is a well-known ambedkarite and human rights activist. He served as an IPS Officer for more than 3 decades and was also a former IG. Darapuri has been an untiring campaigner of human rights, especially Dalit rights.After retiring fromthe police service, Darapuri had joined the All India People’s Front (Radical), a political outfit. He had also contested the 2014 Lok Sabha election from Robertsganj.He has been a part of a number of fact-findings in cases of human rights violations of Dalits, Muslims and members of downtrodden communities, public hearings on the implementation of various social welfare schemes like food security etc.
According to information received, theUP police wascamping before the house of Mr. SR Darapuri located at Indra Nagar since 8 am on December 20, 2019 morning.Around 11:45 am, police personnel from the nearby station came in a jeep and took Darapuri with them saying that they would let him leave after some questioning. But when he did not return for 2-3 hours and he could not be reached, the family filed a complaint by calling the police helpine. After some time, his son received a call from the adjacent Ghazipur police station that Darapuri is there and that he can come and meet him. When the family members went to meet him, they came to know that the police didnot let Darapuri eat food throughout the day. At about 5 pm, he was given food and medicines brought from home. His son, Ved Kumar later got to know that he was shuttled between Gazipur and Hazratganj police stations.Darapuri was brought to Hazratganj police station, Lucknowat 1 am mid night (on December 21, 2019) when his son went again to give him food and medicine.Mr. Darapuriwas scheduled to address the press at 3 pm regarding the detentionof lawyer Mohd. Shoaib, but he was himself detained by thepolice before he could speak to the media. He has been falsely charged under sections 147, 148, 149, 152, 307, 323, 504, 506, 332, 353, 188, 435, 436, 120-B, 427 of the Indian Penal Code, Sections 3, 4 of the Public Property Loss Prevention Act 1984 and Section 7 of the Criminal Law (Amendment) Act 1932. These include allegations ranging from inciting people to violence to murderous assault on the police.Lucknow Sessions Court on January 4, 2020 granted bail to Darapurifor his alleged role in violence during protest against the amended Citizenship law on December 19, 2019. The Uttar PradeshPolice could not produce evidence against himwhen asked by the court. However Darapuricould be released only three days later as some formalities could not be completed.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to food, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 10, 2020
- Country
- India
- Initial Date
- Dec 20, 2019
- Event Description
Mr.Robin Verma is a social activist and has been teaching at Shia Post Graduate College, Lucknow. Hehas been helping thehuman rights group Rihai Manchwith its workin the state of Uttar Pradesh.He has been actively involved in the struggle against caste discrimination and communal divides.
According to the sourceson 20 December, 2019 Mr.Robin Verma was picked up by the police along with journalist Omar Rashid from a place near Darul-Shafa, Lucknow. According to the information providedby Omar Rashid, both Robin Vermaand he weredetained by four men in plain clothes on December 20, 2019when they were having their meal at a eaterylocated at Lalbagh. They werewaiting to get the information about the press conference to be held by the Uttar Pradeshgovernment.Then they bothwere taken to the Hazratganj police station. According to the informationreceived,the policemen who arrested them did not identify themselves and used abusivelanguageagainst them. They said that they wanted to inquire about something and took theminto their police jeep. The policemen threatened both sayingthey would book themunder Section 120B of the Indian Penal Code. Within seconds from their arrival at the police station, cops, who were already stationed there, started thrashing Robin with a thick leather belt and slapped him many times. Although Omar Rashid was released after a fewhours,but Robin Verma was sent to jail. According to the police FIR, his arrest has been shown on 21December2019 from behind Begum Hazrat Mahal Park in Lucknow.According to the police, Robin Vermaalong with others violatedsection 144 of Criminal Procedure Code. He was falsely shown as arrested on several charges, including rioting, attempted murder and assault on public servants, during a protest against the Citizenship Amendment Act in Lucknow on December 19, 2019inCase no 600/2019 under sections 147,148,149, 152, 307, 323, 504, 506, 332, 353, 188, 435, 436, 120 B, 427 of Indian Penal Code (IPC), sections 3 and 4 of Prevention of Damage to Public Property Act. Section 7 of Criminal Law (Amendment) Actwas also slapped on him.Bail application of Robin Verma was rejected by Chief Judicial Magistrate, Lucknow on December23,2019.Then it was moved to the Sessions Courtand he was granted bail by the Sessions Court on 7 January, 2020. Hehasspent close to 17days in jail during harsh weather.HRDA would like to point out that apart from illegal arrest, detention and custodial tortureonRobin Verma, hewas alsosuspended from his jobas a Professor on contractual basis at ShiaPost Graduate College, Lucknow. Illegal arrest and detention of Robin Verma highlightsthe treatment being meted out to human rights defendersarrested in the aftermath of anti-CAA protests in Uttar Pradesh.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Right to fair trial, Right to healthy and safe environment, Right to liberty and security
- HRD
- Community-based HRD, Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 10, 2020
- Country
- India
- Initial Date
- Dec 13, 2019
- Event Description
Vyapam scam whistleblower Ashish Chaturvedi is said to have been threatened for taking up the issue of illegal colonies in certain parts of the state.
The anti-graft activist, known for his noted exposures in the Vyapam scam has lodged a complaint with Jhansi Road police following which an inquiry was lodged into the matter.
The Vyapam case refers to irregularities in exams held by the Madhya Pradesh Professional Examination Board, also called Vyavasayik Pareeksha Mandal or Vyapam for admission in professional courses and state services.
Sources said an anti-mafia squad, formed by Gwalior collector, has also taken cognizance of the threat issued to the activist.
Chaturvedi told News18 he came across some documents that suggested several colonies were built on encroached land by a group of builders. Soon after, he had served legal notices to the builders through his lawyer and wanted to know about the colonies and unsuspecting buyers.
On Saturday, he said he received a call on his cellphone and the caller asked him about the notice he had served to the builders.
When the activist told the person to instead make a written reply to the notice, the unidentified caller started abusing him and even threatened to eliminate him. A case has been lodged against the unidentified caller under sections 292, 506 and 506 of the Indian Penal Code (IPC).
Recently, the Kamal Nath-led government had announced to take action against the Mafiosi prevalent across the state, following which officials in Indore, Gwalior and Bhopal swung into action.
On Saturday, a restaurant owned by local BJP leader Pravin Sharma in Gwalior was razed down and dismantled a garden built over a nullah. The garden was owned one Abdul Razzaq.
In Gwalior, officials demolished the fourth floor of a building owned by a builder.
In Bhopal, the Economic Offence Wing of the MP Police lodged a case against Ghanshyam Rajput and 24 others in an illegal land acquisition case of Rohit Housing Society. The society has been under the authorities’ lens for years for alleged land irregularities.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death threat, Intimidation and Threats
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Whistleblower
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Jan 10, 2020
- Country
- India
- Initial Date
- Dec 19, 2019
- Event Description
Dr. Anoop Shramik isa Dalit rights activist and human rights defender. He is the Convener of Rashtriya Inquilabi Dalit Adivasi Manchwhich is a network of Dalit rightsactivists.He obtained his PhD degree from Poorvanchal University, Jaunpurin Uttar Pradesh for his research work onsexual harassment of Dalit women at workplaces.He was also associated with Dalit Foundation as its Regional Coordinator for North. He has been socially active for over more than 15 years. He has been taking up issues related to violence against women, rights of people engaged in, or employed for any sanitation workand health rights of the children of disadvantaged section of the society.Dr. Anoop Shramik also works with National Forum for Special Component Planfor Scheduled Castes and Scheduled Tribes.He has been awarded by the President of India in 2003 for leadership as a best cadet on behalf on Bharat Scouts and Guides, New Delhi.
According to information received,on December 19, 2019 Dr. Anoop Shramikwas arrested from Beniyabag ground in Varanasi around 12. 30 pmby the Uttar Pradesh policeduring the peaceful protest march against CAA and NRC.He was taken to the police lineand was booked under section 151 of Criminal Procedure Code (CrPC)for violatingSection 144 of the CrPCand for charges of breach of peace. Around 4.30 pmhealong with others weresent to jail. A case was filed against Dr. Anoop Shramikin Chetganj police station in Varanasi by the police and he wasbooked undersections147, 148, 149, 188, 332, 341, and 353of the Indian Penal Code(IPC). The police also slapped charges under the 7Criminal Law Amendment(CLA) Acton him.The sections range from violent rioting with deadly weapons to assaulting a public servant.HRD Dr. Anoop Shramik’sfamily was not provided the copy of the First Information Report (FIR). For 3 days in the jail no body from the family was allowed to meet him. HRDA was informed that on the bail application the Sub Divisional Magistraterefused to put signature. The family were told that on theverbal order of the government of Uttar Pradesh, the District Magistrate has put a ban on the legal proceduresto be followed in the case by the family or friends of the defender. Family members and friends of Dr. Anoop Shramikwere not allowed to visit him in jail and they were prevented outside. On the day of hearing on bail, hewas put up in the lock up by the police without informing the court. Among 56 people arrested by the policein Varanasion December 19, 2019, 53 were granted bail on January1, 2019 and released from jail. Dr. Anoop Shramikwas not granted bail. Instead Varanasi police filed anotherfabricated case against him in Lanka police station under sections 153 Aand 153 Bof IPCwhich criminalizes promoting enmity between social and religious groups.The case relatesto a pamphlet distributed to oppose NRC in which the contact number of HRD Dr. Anoop Shramikwasmentioned.According to media reports, HRDs are being threatened to be booked under draconianand repressiveNationalSecurity Act (NSA).Dr. Anoop Shramikwaslodged in Chokaghat Jail in Varanasi. He was finally granted bail by Additional Sessions Judge, Court number 07, Varanasi on 6 January, 2020. Hehasspent close to 19days in jail. His arbitrary arrest and detention is a thinly-veiled attempt by the Indian authorities to discourage peaceful dissent in the country.In Uttar Pradesh the government is misusing several repressive laws toharass, criminalize and detainhuman rights defenders and silence dissent.Cases have also been reported of torture and ill-treatment of activists by the police.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Freedom of association, Minority Rights, Offline, Right to liberty and security, Right to Protest
- HRD
- Minority rights defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 10, 2020
- Country
- India
- Initial Date
- Dec 12, 2019
- Event Description
Arrested Assam RTI activist Akhil Gogoi alleged he was subjected to “torture” in the custody of the National Investigation Agency (NIA).
“I am being tortured. I appeal to the people to not suspend the protests against the Citizenship (Amendment) Act, 2019 (CAA) but continue them,” he told journalists while being produced in a court of the NIA in Guwahati on Tuesday.
He was brought to the city in a flight from Jorhat for production in the NIA court. The court remanded him in ten days’ NIA custody.
The RTI activist, who is also a leader of peasants’ body Krishak Mukti Sangram Samitee, was charged with sedition, intention to cause riot against national integration, punishment for criminal conspiracy and unlawful association under the Indian Penal Code and Unlawful Activities Prevention Act.
Gogoi was arrested by the police on Thursday from Jorhat. Two days later, he was handed over to the NIA in a case registered against him earlier by the Chandmari police station in Guwahati. The case pertains to his alleged link with the CPI Maoists.
The protestors of CAA said by arresting Gogoi, the government was trying to muzzle the voices of protest. They demanded his immediate release.
Prior to the violent incidents in Guwahati and elsewhere in Assam surrounding the CAA, Gogoi was spearheading the protests. He had then appealed to people to come out of their houses and stage the protests. He had told them that 1.9 crore “Hindu Bangladeshis” would come to Assam and this would pose a grave threat to the state’s land, language, culture among others.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Torture, Violence (physical)
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- RTI activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Related Events
- India: RTI activist detained, allegedly tortured
- Date added
- Jan 10, 2020
- Country
- India
- Initial Date
- Dec 21, 2019
- Event Description
Eight journalists and camera crew of Kerala-based TV channels, who had interviewed relatives of those killed in the December 19 police firing during protests against the Citizenship Amendment Act, were released seven hours after being detained by police in front of the Government Wenlock hospital on Friday, sources said.
The scribes were taken to Thalappady bordering Kerala from Mangaluru south police station where they were kept till late in the afternoon, they said.
Journalists from News 24, Media One, Asianet, News18 and Mathrubhumi were prevented from reporting in Mangaluru, taken into custody and kept in a van for three hours after which they were taken to Mangaluru south police station, the sources said.
Cameras and mobile phones seized from them were returned after they were taken to Thalappady.
A top police officer told the scribes that only those with Karnataka accreditation should report from there. The news channels had interviewed the relatives of the two men killed on Thursday during the protests against the controversial Citizenship (Amendment) Act.
Mangaluru Police Commissioner PS Harsha had earlier issued a statement, saying that a few people did not have accreditation cards issued by any authority and were being questioned.
Karnataka Home Minister Baswaraj Bhomai in Bengaluru blamed the violence in the city on groups from Kerala. Kerala Chief Minister Pinarayi Vijayan strongly condemned the detention and said the onslaught on media freedom was indicative of a fascist mind set.
- Impact of Event
- 8
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Offline, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 9, 2020
- Country
- India
- Initial Date
- Dec 15, 2019
- Event Description
A woman journalist alleged that police personnel broke her phone, hurled abuses and pulled her hair when she was covering a protest against the citizenship law outside Jamia Millia University here on Sunday night.
"I came here for BBC's coverage. They (police persons) took away my phone and broke it. They hit me with a baton," journalist Bushra Sheikh told ANI here.
She alleged that a policeman also pulled her hair.
"When I asked them for my phone they hurled abuses at me. I didn't come here for fun. I came here for coverage," she added.
A police person also sustained injuries as the protest turned violent outside the university.
According to police, protestors pelted stones at policemen who were deployed to control the situation.
On Friday, 12 policemen sustained injuries in the students' protest.
The Citizenship (Amendment) Act grants citizenship to refugees of Hindu, Sikh, Buddhist, Parsi and Christian communities fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh and who entered India on or before December 31, 2014.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Violence (physical)
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 9, 2020
- Country
- India
- Initial Date
- Dec 10, 2019
- Event Description
According to our sources, on December 10, 2019, MASUMorganised an event,on the occasion of the International Human Rights Day at the Ranu Chhaya Mancha, in front of Academy of Fine Arts, Cathedral Road, Maidan in Kolkata.This place falls under the jurisdiction of Hastings Police Station. MASUM has been celebrating the International Human Rights Day by organising a human rights fair for the past 22 years. Various dignitaries, lawyers, human rights activists, academics, cultural performers and CSOs actively participated inthe said fair this year.The cultural programme was initiated at around 12 noon with an inaugural song,followed by a speech by Mr. Dipyaman Adhikary, the Assistant Secretary of MASUM. At around 12.45 PM, a few policemen in plain clothes arrived at the venue and stated that they are from Hastings Police Station. They however produced no identity of who exactly they were. They asked Mr.Roy to stop using the microphone in the event as no prior permission to use plugged sound hadbeen taken. The HRDsinformedthemthat an email seeking permission to organise the event was sent to the Commissioner, Joint Commissioner, Deputy Commissioners and Hastings Police Station of Kolkata on November 28, 2019. However, no response was received from any of the officers. The policemen (who were without their uniform) who had not produced their identity cards then said that they will not allow the HRDsto continue with the event by using microphone without the written permissionof the police. However,they allowed the use of megaphone provided the members visit the Hastings Police Station immediately and submit a written application regarding the usage. The members of MASUM refused to go to the police station.As according to requirements of Section 160 of the Code of Criminal Procedure, 1973, there should be a registration of FIR and a proper notice should be served if a police officer requires attendance ofwitnesses in the police station. The police personnel then backed off a little andaskedthe HRDsto write an application there itself, which they wouldtake to the police station andpermission to use microphone wouldbe granted subsequently.As a token of protestand given that MASUM had already communicated on November 28, 2019,members of MASUMrefused to submit the application and decided to continue the event without plugged sound. The event was initiated again with a megaphone and continued till 6:30 PM. HRDA would like to mention that at the same time two other events were also going on where loud sound was played; one just across the road at 'Mohor Kunja' and another behind the arena of victims at'Nandan' premise.The Human Rights Fair organised by MASUM is a prestigious event organised every year with an aimto bring together various civil society organisations, dignitaries and professionals to display their publications. Justice (retd.) Asok Ganguly, former judge of the Supreme Court of India,also inaugurated two of his books during the event. Under the present circumstances,we strongly protest the autocratic and tyrannical actions of the police in order to suppress a human rights eventon exactly the International Human Rights Day. It is anirony that a peaceful human rights event was hampered on the auspicious occasion of Human Rights Day by the state forces. The action of the police is violative of fundamental right of freedom of speech and expression and freedom of peaceful assembly as provided by Article 19 of the Indian Constitutionand upheld in all the recent standards developed by the United Nation’s Special Rapporteur on freedom of peaceful assembly and association.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Administrative Harassment, Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline
- HRD
- NGO staff
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 9, 2020
- Country
- India
- Initial Date
- Dec 10, 2019
- Event Description
According to the information received on 10 December, 2019 Uttar Pradesh police registered an FIRagainst 20 namedand 500 other unnamed student human right defendersof Aligarh Muslim University in Civil Lines police station, Aligarh in connection with their protest against the passage of the controversialCitizenship (Amendment) Bill, 2019 in the Indian Parliamentand the proposed implementation of National Register of Citizens (NRC) across the country.On 10 December, 2019 evening, the AMU students took out apeaceful protest march from the University Library totheBab-E-Sayyed gate, varsity's designated spot for protests and public meetings.According to the AMU studentstheir protestwas totallypeaceful and it’s their democratic right to raise voice against Citizenship Amendment Bill(CAB)which is not just against the letter and spirit of the Constitution but is designed to polarise Indian people on communal lines and divide the country.Students were demanding the immediate withdrawal of the bill.According to the police,casesagainst the students werefiled for defying prohibitory orders under Section 144 which prohibits gathering of more than four people, and holding a protest near Faiz Gate in the campus.According to the police the students had violated this provision by marching up to the University Circle and trying to disturb the peace.The Police FIR saysthe provisions ofSection 144 had been in effect since November 8, 2019, and thestudents had beencharged under Sections under Section 144 (Joining unlawful assembly armed with deadly weapon), 147 (Punishment for rioting), 188 (Disobedience to order duly promulgated by public servant) and 353 (Assault or criminal force to deter public servant from discharge of his duty) of Indian Penal Codeby the District Administration.Sources informed that one of the coordinators of the peaceful protest march Mr. Sharjeel Usmani was threatened by the local police and he was told that he would be charged under National Security Act (NSA) if he fails to withdraw himself from the student activism.The controversial Citizenship Bill has sparked protests and agitations across the country, with many calling it "unconstitutional" and against the secular idea of India. The Citizenship (Amendment) Bill, 2019, was passed with a majority of 311 votes against 80 votes in Lok Sabha, the Lower House of Indian Parliamenton December 9, 2019.The Bill seeks to grant Indian citizenship to refugees from Hindu, Christian, Sikh, Buddhist and Zoroastrian communities fleeing religious persecution from Pakistan, Afghanistan, and Bangladesh who entered Indiaon or before December 31, 2014. It thereby extendsan opportunity for grant of citizenship to select minority communities of select neighbouring nations. According to the protesting students the Citizenship Amendment Bill’s blatant exclusion of a community is discriminatory and divisivebecause the bill leavesout refugees such as Rohingyas from Myanmar or Tamils from Sri Lanka or Ahmadiyyas from Pakistan. The amendments by giving special privileges to Hindus, Sikhs, Buddhists, Jain, Parsis and Christians from these three countries, single out Muslims for exclusion.Students say the focus on only three countries shows as if these constitute the only possiblesources of asylum-seekers. By distinguishing illegal immigrants on the basis of religion, the bill violates the secular principles enshrined in the Constitution —including Articles 14,15, 16 and 21 which guarantee the right to equality; equality before the law; and non-discriminatory treatment by the Indian state.
- Impact of Event
- 20
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Freedom of association, Offline, Right to Protest
- HRD
- Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 9, 2020
- Country
- India
- Initial Date
- Dec 20, 2019
- Event Description
The Uttar Pradesh Police assaulted activist Deepak Kabir and imprisoned him in Lucknow on Friday after he went to a police station to inquire about some people missing since an anti-Citizenship Act protest the day before, his wife Veena Rana has claimed. The 48-year-old was arrested on charges of rioting and preventing public servants from performing their duty, The Telegraph reported on Tuesday, quoting a relative.
Rana met Kabir in the prison on Sunday and posted an update on Facebook. She said she had no information about Kabir till Saturday. Rana claimed Kabir’s phone was snatched away, he was beaten up in the name of interrogation, and was sent to jail late on Friday night.
Rana said Kabir rarely takes medicines, but in jail he asked her for a painkiller.
The relative The Telegraph talked to said Kabir was assaulted with “batons and rifle butts” by six policemen. The police allegedly asked him why he was concerned about “criminals”. The activist’s bail plea will be heard on Tuesday.
Dhirendra Kushwaha, the station house officer at Hazratganj, alleged that Kabir was “involved in violent protests and created a scene while we were working.”
However, according to The Times of India, Kabir was among several persons who were arrested on the basis of interrogation of three suspected office-bearers of Islamic fundamentalist outfit Popular Front of India. On Sunday, Deputy Chief Minister Dinesh Sharma had blamed the organisation for the violence in Lucknow.
Lucknow Senior Superintendent of Police Kalanidhi Naithani told reporters that those arrested initially, including the group’s state President Wasim Ahmad, had confessed to their involvement in the violence. “Based on their confessions, we have arrested a few others who mobilised crowds for the protests and perpetrated violence,” he added.
On the arrests made later, including that of Kabir, Naithani said: “Their call data records and messaging apps showed that they were in regular touch with PFI’s UP unit office-bearers since December 8 and mobilised crowds for the protests using social media.”
Swaraj Abhiyan leader Yogendra Yadav tweeted that Kabir had joined a peaceful protest on December 19 in Hazratganj. He shared a copy of a first information report in which Kabir’s name was added at the end by hand in a list of accused booked under several criminal charges.
Kabir, who is a poet and theatre actor, organises the Kabir Festival in Lucknow every year. Social activists Robin Verma and Sadaf Jafar have also been arrested by the state police.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Pro-democracy defender
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 9, 2020
- Country
- India
- Initial Date
- Dec 19, 2019
- Event Description
Despite widespread outrage over the arrest of actress, politician and activist Sadaf Jafar during Thursday's massive protest against the amended Citizenship Act in Lucknow and allegations of severe assault in the custody, the police have claimed that they have "enough proof" against her.
Ms Jafar was arrested from Lucknow's Parivartan Chowk where a government bus, media vans and private vehicles were set on fire after the protests spiraled out of control. She was live on Facebook, showing the destruction in the area, when cops caught her.
In the video that she shared on Facebook, Ms Jafar is heard asking why only a few cops were on duty in the area despite a huge turnout of protesters.
A woman constable can be seen forcefully grabbing her. "Aap mujhe kaise giraftaar kar rahe hain... jinhone pathar phenka hai unko to tum pakad nahin paaye (Why are you arresting me.... Those who were throwing stones, you could not arrest them)," she can be heard asking the cop. "Tumhare saath they na woh buddhe (Those old men were with you. Weren't they?)", the constable then asks her.
Ms Jafar's family has alleged that she was taken to a police station in the area, assaulted by cops and then sent to the prison after a medical examination. "I saw her in so much pain. She was hurting because she was beaten with batons, kicked in belly... she had started bleeding," her sister Naheed said in a statement after visiting her in prison.
The UP Police have denied assault and said they have "enough proof" against her. "She was with the rioters and we arrested her from the site of protest. We followed protocol and got her medical test done. We have enough proof against her and allegations against the police are baseless," senior police officer Suresh Chandra Rawat said in a statement released on Twitter.
Acclaimed director Mira Nair also demanded the release of "A Suitable Boy" actress. "This is our India now - Appalling: our #SuitableBoy actress, Sadaf Jafar, beaten and jailed for peaceful protest in Lucknow! Join me in demanding her release," she wrote on Twitter.
Congress leader Priyanka Gandhi Vadra also tweeted about her arrest, accusing the police of oppression. "Our party worker Sadaf Zafar was telling the cops to catch unruly elements, but the UP Police beat her up badly and arrested her. She has two children. This is high-handedness (zyaadtee) and this type of oppression will not work," she tweeted last night.
Among others arrested in Lucknow over Thursday's clashes include Mohd Shoaib, a 76-year-old human rights lawyer, and SR Darapuri, a former IPS officer and noted theatre artist Deepak Kabir.
Multiple reports have emerged of the police picking up bystanders in the protests and those who were protesting peacefully.
"My brother, 22-year-old Faiz Ahmed Khan, was picked up by the police along with two other friends - Syed Fahad and Mohd Saifal - when he was returning from the protests at the Parivartan Chowk in Lucknow on Thursday. He and his friends were demonstrating peacefully. They did not resort to any violence . When they were returning, a policeman asked them for their names. They were then forcibly arrested... they had no stones or any weapon on them. We are trying to get legal help," said Noor Saba, sister of one of the protesters.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment, Violence (physical)
- Rights Concerned
- Freedom of assembly, Online, Right to healthy and safe environment, Right to liberty and security
- HRD
- WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 8, 2020
- Country
- India
- Initial Date
- Dec 19, 2019
- Event Description
Lucknow based senior lawyer and president of human rights group Rihai Manch, Mohammad Shoaib, has gone untraceable in police custody, claimed his family members and close friends. He was detained by the UP police ahead of the scheduled nationwide protest against the Citizenship (Amendment) Act (CAA).
“First, he was put under house arrest, later he was detained by the police. However, the police kept misleading us about his whereabouts. They have not disclosed his location yet,” said his colleague Rajiv Yadav of Rihai Manch over the phone on Friday morning.
“Police have not named Shoaib in any FIR. Some said he was taken to the Qaisar Bagh station, while others said he was detained at the Cantonment Police station or at the Hazratganj station,” added Yadav.
According to Yadav, Shoaib was detained around 11.45 pm on Thursday night. Two police personnel were also sent to his house a few hours later to collect his medicines.
Along with Shoaib, activist Sadaf Jafar and scores of other activists were arrested by the police. “She is also untraceable. We don’t know anything about her despite her arrest,” said Yadav who is also facing a case for protesting against CAA. Apart from Shoaib, Magsaysay Award winner Sandeep Pandey and retired IPS officer SR Darapuri were also under house arrest by UP police.
The Uttar Pradesh police had on Wednesday issued notices to more than 3,000 people across the state, cautioning them to not participate in protests against the CAA.
“I am asked not to move out and three policemen are at my gate,” Shoaib was quoted as saying by the Hindustan Times. Shoaib along with 3000 people was served with a notice by police, advising them not to take part in anti-CAA protest.
- Impact of Event
- 2
- Gender of HRD
- Man, Woman
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Right to healthy and safe environment, Right to liberty and security
- HRD
- Lawyer, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 8, 2020
- Country
- India
- Initial Date
- Jan 2, 2020
- Event Description
A day after Chennai Police Commissioner A.K. Viswanathan said that the police would probe the Pakistani links of advocate Gayatri Khandhadai, who participated in the anti-CAA kolam protest, she explained that in 2016 she had only filed a report for ‘Bytes for All’ [a Pakistan based advocacy group] highlighting the discrimination faced by religious minorities in nine Asian countries.
“In this report, I have also written about the discrimination faced by Hindus in Pakistan and Bangladesh. It would have been nice if the police had read the report completely and then addressed the press conference,” she told journalists in Madurai on Thursday.
“By revealing my Facebook profile during the press conference, Chennai City Police have compromised my privacy and security. Chennai City Police Commissioner is responsible for my safety and security,” she said. Ms. Khandhadai denied that she had deleted any content from her Facebook account.
The Commissioner had also said that the police detained anti-CAA protesters only after an elderly person opposed the protesters from drawing kolams in front of his house.
However, Ms. Gayathri contended, “We did not go to that house or meet that person. We did not draw kolams in front of houses that opposed us.”
Henri Tiphagne, founder and executive director of People’s Watch, charged that the police are targeting human rights defenders including Ms. Khandhadai and Arappor Iyakkam and condemned it. “A complaint regarding this has been submitted to the National Human Rights Commission and we will take steps to ensure that the issue was taken by the Bar Council of India,” he said.
Senior advocates T. Lajapathi Roy and M. Ajmal Khan also condemned the police for detaining advocates who went to provide legal aid to the protesters. They stressed that the Bar Council of India must consider the incident suo motu and take necessary action.
Meanwhile, Tamil Nadu Congress Committee president K.S. Alagiri demanded that the police investigation against Ms. Khandhadai’s alleged Pakistan connection be dropped immediately. Mr. Alagiri said she was not associated with any organisation in Pakistan but had only undertaken research for a Pakistan based research organisation. “In the 80-page report filed by her about minorities in Pakistan, Bangladesh, Maldives and Indonesia, there is nothing that is supporting Pakistan. If he finds such a thing in the report, the Police Commissioner must furnish proof,” Mr. Alagiri said.
Mr. Alagiri said the action against Ms. Khandhadai was vindictive on the part of the government and requested the Commissioner to not toe such a line of the rulers.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Intimidation and Threats, Vilification
- Rights Concerned
- Online, Right to healthy and safe environment
- HRD
- NGO staff, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Jan 6, 2020
- Country
- India
- Initial Date
- Dec 15, 2019
- Event Description
PUCL strongly condemns the motivated, targeted and brutal attack by the CRPF and Delhi Police on students of Aligarh Muslim University and Jamia Millia Islamia University in Delhi yesterday, Sunday 15th December, 2019 causing serious injuries to over 150 students including girls, and also arrest of scores of students and youngsters. By all media reports and eye witness accounts, the brutal charge of the police forces was unprovoked and unwarranted as the students were peacefully protesting against the Citizenship Amendment Act, 2019 and the NRC.
The Vice Chancellor and the Proctor of Jamia Millia Islamia University have come on record that the Police forces entered into the University campus in the evening of 15th December, 2019 without either seeking permission from the University authorities or having been called by the University officials. In fact the police forces are reported to have entered into the Zakir Hussain Library inside JMI University and beat up any young person found there irrespective of whether they had participated in the earlier student protest or were scholars working inside the library. Many girl students have also reported that the police forces put off the lights in the girls hostels so that CC TV Cameras inside the campus will not be able to film and document the sexual harassment. The police forces are reported to have ransacked the hostels and the library, violently beating anyone they found causing severe injuries.
Today, 16.12.2019, media reports that students of Delhi University who protested against the violence unleashed against fellow students of AMU and Jamia Millia were once again beaten mercilessly by the Delhi Police.
Student protests against the CAA and NRC have been reported from across the country and aggressive police action has been reported in states with BJP ruled governments.
PUCL expresses its serious concern over the misuse of the law and legal machinery by the present Central Government to suppress and silence student’s voices and stifle and crush the protests of ordinary citizens against the inequitable and communally discriminatory CAA and NRC. The abuse of police powers and violent use of force to crush dissent seen in the last 2 days in Delhi and other places is part of the growing trend of using brutal police powers to intimidate and stifle any protest to central government policies and if voices are indeed raised, then to crush them through physical, targeted police violence, false prosecution and violent reprisals.
PUCL also strongly condemns the reported statement of the Finance Minister, Ms. Nirmala Seetharaman, who is reported to have stated that we have to be “wary that the student protests are not hijacked by Jihadists, Maoists or separatists”. The attempt of the State to dub and link any citizen’s protest as being Jihadist, Maoist or separatist is done with the aim to not only tarnish the image of the democratic protests but also act as a sinister warning to others to refrain from joining the protests or else they will face arrests as jihadists or terrorists themselves and get embroiled in anti-terrorist law cases.
It is a matter of great regret and is indeed unfortunate, that when mention was made before the Chief Justice’s Bench of the Supreme Court today about the serious threat to life and liberty of students caused by unprovoked police violence against students committed inside the Jamia Millia Islamia University Campus, the Court chose to remark, “Let the rioting stop first … We will determine the rights, but not in this atmosphere of riots … the riots must be stopped” and posted the matter for hearing on Tuesday (17th December). It is distressing to note that even when a grave situation of serious threat to life and liberty of students and protestors existed caused by violent reprisals of the police acting in an unprovoked, brutal manner, the apex court instead of urging the police to act within the confines of law while dealing with the protests, chose to approach the issue as through it was the students who were indulging in riots and refused to intervene immediately.
PUCL is constrained to point out that such an approach of the SC of refraining from taking immediate action when complaint is made to the court of serious threat to life and liberty of citizens, allegedly being committed by the police and Security forces (as in the present case), seems to be part of the recent practice adopted by the apex Court; it is also in line with the Court’s approach seen while dealing with complaints of massive state wide human rights violations committed by Security Forces and police in Kashmir, following the abrogation of Art. 370. PUCL would like to point out that in a situation where the state is the primary violator of human rights, delaying judicial intervention and failing to seek accountability from the State on the ground that the citizen is equally responsible for the conflict situation, unfairly tilts the scales of justice in favour of the state and is a distortion of the Constitutional order and rule of law. In a way of speaking, it also amounts to an abdication by the apex court of its role as the protector of the citizen’s fundamental rights to life, liberty and fundamental freedoms against an all powerful State.
The situation is fast spiraling out of control with a vengeful Central government clearly permitting the police forces to use their brute power to silence, crush and intimidate ordinary citizens from protesting against the Citizenship Amendment Act and the NRC. It is important that citizens across the country should raise their voices demanding the government to immediately stop police action against protestors, provide immediate medical aid to all injured students and drop all criminal cases filed against students of different universities. We also demand an unbiased, independent enquiry into the police action against students of Jamia Millia Islamia University, AMU, Delhi University and other Universities and criminal prosecutions against all policemen found to have violated the laws of the land.
- Impact of Event
- 1
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention, Gender Based Harassment, Raid, Use of Excessive Force, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to liberty and security, Right to Protest
- HRD
- Student, WHRD, Youth
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Dec 19, 2019
- Country
- India
- Initial Date
- Dec 10, 2019
- Event Description
Mr. Abhimanyu Panda, aged 54 years, was a RTI activist, leader of anti-liquor movement, former sarpanch of Bataguda Gram Panchayat and ex-vice chairperson of Baliguda block. He was an executive body member of Jagannath Temple, Puri. The HRD was filing RTIs from the past eight years to expose corruption and irregularities in the government development work. His recent RTI was filed for the four blocks of the Kandhamal district which infuriated the contractors and the public distribution service (PDS) dealers. He also filed RTIs about the irregularities in the management of Jagannath Temple.
According to sources, on December 10, 2019, at about 7.30 AM, noted RTI activist, Mr Abhimanyu Panda was shot dead in front of his house in Patrasahi village, Kandhamal district, Odisha. His village falls under the jurisdiction of the Baliguda police station. The assailants, on a bike, used a revolver to open fire from a close range and sped away. Hearing the sound of firing, the locals gathered and rushed him to the Baliguda district hospital where the doctors subsequently declared him brought dead. A cousin brother of Mr. Panda, Mr Nirmal Kumar Sahu, on the day of incident, at 8.30AM, reported to the police in writing about the death of his brother. A FIR has been registered under Section 302 and 304 of IPC read with Section 25 and 29 of the Arms Act. On the basis of the complaint, four perpetrators have been identified by the police. According to the copy of the FIR, at the time of death of the HRD, the assailants argued with him on the Jagannath temple issue and uttered “TU BADA BADA LOKANKA BIRUDHARE JAUCHHU TOTE MARIDEBU” (you are going against prominent people, we will kill you). We would like to bring this to your notice that one of the last RTIs filed by the HRD was on the irregularities in the management of the temple. The HRD was also vocal about irregularities in the government work. The HRD received various threats due to his activism. According to sources, in the past, District Superintendent of Excise had threatened Mr Pandaand asked him to withdraw one of his case. The threat was in furtherance of a case filed by Mr Pandain which the High Court subsequently decided in his favourand ordered for closing down of the liquor shop. The RTI activism of Mr Pandaforms the motive of the death. Mr Panda informed the police about the various threats he was receiving but still the police failed to provide protection to him. This incident is a result of inaction on the part of police and other state authorities. According to a statement given by Pradeep Pradhan, leading RTI activist and Convener of Odisha Soochana Adhikar Abhiyan, RTI activists in Odisha have been facing harassment and threats over their RTI applications from the past 3 years. The activists have lodged FIRs regarding the threats and torture, but the police and the state government have not taken any action till date. Other RTI activists who have suffered due to police action are Krupasindhu Sahu, Ganesh Panda, Suresh Lanka etc. They have been brutally attacked and murdered for exposing corruption in government schemes and projects. Since the RTI Act has been enacted in the year 2005, various cases of assaults and killings of RTI activists have been reported. The activists have been instrumental in exposing corruption and bringing transparency in the governance system. The only way to curb the menace is well established mechanism consisting of defined procedures and quick action by the police officials on complaints of RTI users.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Killing, Violence (physical)
- Rights Concerned
- Right to information, Right to life
- HRD
- RTI activist
- Perpetrator-State
- Suspected state
- Source
- Monitoring Status
- Pending
- Date added
- Dec 18, 2019
- Country
- India
- Initial Date
- Nov 24, 2019
- Event Description
According to the information received, on November24, 2019, RTI activist and HRD Mr. Parmar was going out of his village Khopalaon his bike along with his brother Mr. Vinod Parmar. They were on their way to Lakhanka village from Khopala. Around 2.30 pm when they reached at Pipal road,nearly 8 kilometres from their village,they were intercepted by four men unknown to the defender who had came on two bikes. They were carrying iron rods and batons. They started hitting the HRD repeatedly with iron rods and abused him by hurling derogatory casteist remarks. Mr. Parmar was also threatened and asked to withdraw the RTI application he had filed recently. Physical attack and beating continued for 5 to 10 minutes. The HRD suffered fractures in both his legs and hands. His elbow also suffered fracture. His lower limbs were also severely injured as a result of the beating inflicted by the assailants. His brother Mr. Vinod Parmar was also roughed up by the assailants. HRD’s brother Mr. Vinod Parmar called on 108 for emergency ambulance through which he was taken to the government hospital and admitted. Sources informed that the assault was carried out by men closely associated with the village sarpanch. RTI activist, Mr. Parmar was earlier threatened by the husband of village sarpanch Ms. Vimala Gabani. He was threatened to withdraw the RTI application filed by him or else he would face dire consequences. Because of the injuries suffered, the HRD had to undergo two surgical operations - one on his left hand and other on his leg. He is still in the hospital and receiving treatment. The Botad Police has filed a case against sarpanch Ms. Gabani, her husband Mr. Jasmat Gabani, son Mr. Sanjay Gabani and four unknown persons under Indian Penal Code sections 324, 325, 504, 506 (2) for causing hurt by dangerous weapon, causing grievous hurt, intentional insult and criminal intimidation along with sections of the Prevention of Atrocities against Scheduled Caste and Scheduled Tribe Act. The case has been transferred to SC/ST cell of Botad Police, Gujarat. However, the police has failed to arrestany of the accused yet.The Hon’ble Commission is once again appraised that manyRTI activists have been harassed and even murdered for seeking information to "promote transparency and accountability in the working of every public authority". Many face assaults on a regular basis. seeking information from their gram panchayat and the local administration also face social ostracism. RTI activists are vulnerable HRDs. Unlike other HRDs, a majority of the RTI activists are not part of an organisation; they often act alone, moved by anger at corruption and other illegal activities. RTI activists are vulnerable because they live in the same areas as authorities and political leaders who do not want information about their activities to disclosed. For the most part, human rights defenders receive media attention only when killed or seriously injured. When complaints are made by RTI activists, law enforcement personnel (who often work with corrupt officials) do not take appropriate action. The Central Information Commissionand State Information Commissions are not mandated to deal with such threats or attacks or to provide protection when needed. Attacks on RTI users have not ceased despite directions from several information commissions and state governments to protect them from harm. Further, per the Declaration on HRDs in the context of human rights violations by third parties, the obligation to protect, first, involves ensuring that defenders do not suffer from violations of their rights by non-State actors. Failure to protect could, in particular circumstances, engage the State‘s responsibility. Even acts and omissions committed by non-State actors under the instructions, control or direction of the State can, under certain circumstances, give rise to State responsibility. Therefore, it is paramount that prompt and full investigations are conducted and perpetrators brought to justice. Failure by States to prosecute and punish such is a clear violation of Article 12 of the Declaration on HRDs.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Vilification, Violence (physical), Wounds and Injuries
- Rights Concerned
- Right to healthy and safe environment
- HRD
- RTI activist
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Dec 2, 2019
- Country
- India
- Initial Date
- Nov 22, 2019
- Event Description
Journalists in Guwahati have demanded a high-level probe into an alleged attack on a colleague in a secluded part of the city on Friday night.
Police said Naresh Mitra, a journalist renowned for his reportage on environment and wildlife, was brought to the Gauhati Medical College by unidentified people. Given the severity of his injuries, his family later shifted him to the Nem-Care Super Specialty Hospital.
It was initially believed that Mr Mitra, who used to pedal to work on a bicycle every day, may have been hit from behind by a vehicle. But doctors who operated on him later said it was more likely to have been a case of assault, a press statement issued by the Journalists' Forum Assam (JFA) read.
The JFA demanded a thorough probe into the case. "We strongly demand a high-level probe into the incident where Naresh got injured that night. Moreover, we wish his early recovery and express hope that he would be able to explain the situation soon," the statement, signed by association president Rupam Barua and secretary Nava Thakuria, read.
Guwahati Police said the incident may have occurred while Mr Mitra was returning home from work around 10:30 pm. They have launched a probe, and are currently trying to procure CCTV footage to stitch together the sequence of events leading to the alleged attack.
According to family members, there were no external injuries on the senior journalist's body and his bicycle didn't seem to have been damaged either. They said that although Mr Mitra was awake in the initial hours, even speaking to those attending to him, he slowly lapsed into unconsciousness.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Violence (physical), Wounds and Injuries
- Rights Concerned
- Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Unknown
- Perpetrator-Non-State
- Unknown
- Source
- Monitoring Status
- Pending
- Date added
- Dec 2, 2019
- Country
- India
- Initial Date
- Nov 18, 2019
- Event Description
According to sources on 18 November, 2019, the Jawaharlal Nehru Students’ Union (JNUSU) organized a peaceful march towards Parliament on the first day of the Winter Session to protest against the hostel fee hikein Jawaharlal Nehru University (JNU). Thousands of studentsfrom JNU, carrying placards and chanting slogans, participated in the march towards Parliament, demanding a total rollback of the hostel fee hike and withdrawal of the draft hostel manual which imposes dress codes and curfew timings. In response authorities imposed prohibitory orders both outside the parliament building and around the JNU campus, and set up barricades near Safdarjung Tomb in South Delhi to stop them from advancing any further. The protesters, who carried banners that read "save public education", "fees must fall" and "ensure affordable hostels for all", were stopped at multiple points on their march. The JNU administration had on 13 November, 2019 announced a partial roll back in the fee hike. However, the protesting students dubbed the move as eyewash and demanded that the JNUSU be treated as a stakeholder by the administration and the Ministryof Human Resource and Development. They also reiterated their demand for the resignation of the Vice-Chancellor on the university.The police authorities deployed ten companies outside JNU. The protesters were initially allowed to proceed but were stopped barely half a kilometer from the JNU campus by the police. Around 3.30 pm the students managed to reach Safdarjung Tomb near Lodhi Roadwhere they were stopped by the police again. The first round of lathicharge took place here. Over 100 students were detained by the Delhi Police and students suffered injuries after the police baton charged the protests. Students of Jawaharlal Nehru University allegedthat over 10 students, including the visually and physically challenged, were injured due to the "brutality" of police personnel. JNUSU president Aishe Ghosh, general secretary Satish Yadav and former JNUSU president N Sai Balaji were among several detained and allegedly taken to Delhi Cantt, Kalkaji and Badarpur police stations — where they claimed they were beaten up. Since students were not allowed to move theythen sat on the main roadat Safdarjung Tomb near Lodhi Road, singing songs, while negotiations between JNUSU and police continued. After around 6.30 pm streetlights were soon switched off and a second round of lathicharge took place, after which over 50 personnel escorted students to INA Metro station. Several students have reportedly been severely injured following the lathicharge by police. Following theprotest, videos surfaced showing personnel of the Delhi police beating up students, including girls, in a brutal manner. A particular video doing the rounds on social media shows a male student being forcibly led into a police vehicle while profusely bleeding from the head. Media reported that the Delhi police is going to lodge a First Information Report (FIR) against protesting students of the Jawaharlal Nehru University (JNU) for flouting Section 144 (which prevents unlawful assembly) of the Code of Criminal Procedure (CrPC), which was imposed in the area surrounding the university campus and the Parliament, to prevent students from joining the agitation on 18 November, 2019. It is pointed out that the state through police is in full action to suppress the voice of students protesting for a genuine cause which is subsidized education. The police through its modus operandi aretrying to repress a democratic movement. Manhandling of students by Delhi police including women and visually challenged (which is doing rounds of social media) amounts to being barbaric, committal of atrocity and show of excessive use of force. It is further said that the police has created a situation wherein the students protesting peacefully are being shownas rioting, gathering unlawfully and obstructing public servants from discharging their public function. This is nothing but just framing the students are exercising their constitutional right to assembly peacefully and right to protest for a cause.
- Impact of Event
- 1
- Gender of HRD
- Man, Other (e.g. undefined, organisation, community), Woman
- Violation
- (Arbitrary) Arrest and Detention, Violence (physical), Wounds and Injuries
- Rights Concerned
- Freedom of assembly, Offline, Right to healthy and safe environment, Right to Protest
- HRD
- Student, WHRD
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 26, 2019
- Country
- India
- Initial Date
- Nov 8, 2019
- Event Description
It began when Rana Ayyub, who is nowadays a Washington Post columnist, posted a cryptic message on Twitter on 8 November about the ruling that India’s supreme court was due to issue the next day on a fraught 30-year-old dispute between Hindus and Muslims over a religious site in the northern city of Ayodhya. It ended with the words, “I hope my country does not disappoint me tomorrow.”
It immediately unleashed a torrent of Twitter insults and calls for Ayyub to be raped or murdered that were orchestrated by trolls linked to the Hindu nationalist movement. Even more amazingly, it elicited a threat of legal action that came from the Twitter account of the police in Amethi, a town 100 km south of Ayodhya.
Posted less than half an hour after Ayyub’s original tweet, it said: “You have just made a political comment. Delete it immediately otherwise legal action will be taken against you by @amethipolice.” Amethi has no jurisdiction over either Ayodhya or Mumbai, the city where Ayyub lives.
Ayyub, who is currently on a visit to the United States, told RSF that, because of this threat, she feared that could be arrested on her return to the India. The message has not been disowned by India’s home affairs ministry.
“Police wanting to prosecute a journalist for making a so-called ‘political comment’ is something one might expect from the worst dictatorships,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk. “Either someone hacked into the Amethi police Twitter account, which would indicate serious incompetence, or the police are complicit in a campaign of calls for Rana Ayyub’s murder. We urge the home affairs ministry to conduct an internal investigation to identify these responsible for this unacceptable scandal.”
Wave of hate
The author “Gujarat Files,” a book examining the rise to power of Narendra Modi, who was reelected as prime minister by a clear majority in May, Ayyub is one of the favourite targets of the ruling Bharatiya Janata Party’s notorious army of trolls.
In April 2018, RSF condemned an earlier and unprecedented wave of online hate messages against Ayyub, in which her phone number and address were posted online. RSF referred the case to the UN special rapporteur on extrajudicial executions, who then wrote to the Indian authorities requesting protection for Ayyub.
This kind of campaign is orchestrated by followers of Hindutva, an ideological blend of fascism and Hindu nationalism that inspired Modi’s Bharatiya Janata Party.
India is ranked 140th out of 180 countries in RSF’s 2019 World Press Freedom Index.
- Impact of Event
- 1
- Gender of HRD
- Woman
- Violation
- Gender Based Harassment, Intimidation and Threats, Online Attack and Harassment, Vilification
- Rights Concerned
- Online, Right to healthy and safe environment, Right to protect reputation
- HRD
- Media Worker, WHRD
- Perpetrator-State
- Police
- Perpetrator-Non-State
- Suspected non-state
- Source
- Monitoring Status
- Pending
- Date added
- Nov 26, 2019
- Country
- India
- Initial Date
- Nov 13, 2019
- Event Description
On November 13, Telangana police submitted documents to the Lal Bahadur Nagar Metropolitan Magistrate, which CPJ reviewed, accusing Venugopal, editor of Telugu monthly Veekshanam, of being part of a Maoist conspiracy against the state.
Venugopal, who spoke to CPJ via phone, said he has not been arrested or formally charged. If the magistrate accepts the police allegations, it could issue a warrant for his arrest any day, he said.
Venugopal could face a fine and two to seven years in prison under the Unlawful Activities (Prevention) Act and the Telangana Public Security Act if charged and convicted of being part of a conspiracy.
Venugopal told CPJ he had been a member of a group that authorities allege is affiliated with a Maoist party, the Revolutionary Writers Association, but left it in 2009. The association was previously banned but is now legally permitted, according to Indian news website The Wire.
“Accusing a journalist of conspiracy is a threat to press freedom and shows the government is intolerant of criticism,” said Aliya Iftikhar, CPJ’s senior Asia researcher, in New York. “Police should immediately drop their allegations against Nellutla Venugopal and stop threatening journalists with legal action.”
Venugopal filed a case in the Telangana High Court, which has jurisdiction over the metropolitan magistrate, to have the allegations against him dismissed, he said.
Venugopal frequently writes critical pieces about Indian Prime Minister Narendra Modi and Telangana Chief Minister Kalvakuntla Chandrashekhar Rao, according to The Wire.
In a statement, which CPJ reviewed, Veekshanam’s editorial team said Venugopal had repeatedly disassociated himself from the Revolutionary Writers Association and said that “though he holds progressive, democratic and left views, that does not mean that he has to be a member of any organisation.”
Venugopal is also accredited by the state government as a journalist and writes a regular column in the newspaper Nava Telangana, he told CPJ.
CPJ found that though Venugopal’s name was listed on the court documents, there was no mention of any evidence against him.
CPJ texted the Telangana director general of police for comment but did not receive a response.
In October, Telangana police arrested journalist Ravi Prakash after he refused to withdraw two interviews on alleged corruption in the state, as CPJ reported at the time.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Offline
- HRD
- Media Worker
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 26, 2019
- Country
- India
- Initial Date
- Nov 2, 2019
- Event Description
Mr Kurban Ali is associated with the Afkar India Foundation, which is a grass-roots human rights organisation based in Shamli, Uttar Pradesh. He has also been associated with ‘AmanBiradari’ for the last two years. Aman Biradri is a nationwide people’s campaign for a secular, peaceful, just and humane world. Kurban Ali has been working on issues of education and women’s right. He has also been using the Right to Information (RTI) to highlight issues of public concern and functioning of governance structures. In the past, he hasfaced several threats from the officials of state electricity and education departments for filing RTIs to expose corrupt practices. The others who have been named in the police FIR are Mr Naushad, Mr Faran, admin of the Haji Babla Fan Club and two unknown.
According to information received, on November 2, 2019, a criminal case (FIR 564/2019) was filed against Kurban Ali and five others in the Kandhla Polic Station of Shamli under Sections 147,148,149,452,307, 504, 506 of the IPC and Section 67 of the Information Technology Act [IT Act],on a complaint by Afzal Ali. It is to be noted that Afzal Ali is the same person who in the past harassed Mr. Ashif and others, to whom the HRDs had been extending legal ssistance. This clearly shows that it is an act to supress the voices of the victims of mob lynching and the HRD from resorting to available legal options to claim relief. The recurring incidents of intimidation and attacks on the HRDs pose a direct threat to theirsafety and security. It also impinges their fundamental right to freedom of life and liberty, guaranteed under Article 21 of the Constitution of India. In order to enable HRDs to pursue their crucial work in the field, it is of utmost importance that congenial atmosphere needs to be created for the smooth working of the HRDs.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Right to work
- HRD
- Community-based HRD
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Nov 19, 2019
- Country
- India
- Initial Date
- Nov 5, 2019
- Event Description
According to the information received, on November 5, 2019 at8:10 AM, Dhananjay was abducted and brought to the Bihar Police Station in Bihar Sharif town of district Nalanda by a police team lead by the SHO Mr. Deepak Kumar. At the police station, hefaced degrading and inhuman treatment, including torture. Extreme methods of torture were used by the police including verbal abuse,slapping and beating with sticks. He was forced to remove his clothes, given electric shocks on his head near his ears, severely beaten including on the private parts. Sources informed that Dhananjay was picked up by the SHO Mr. Deepak Kumar from Jhing Nagar Mohalla (a locality in Bihar Sharif town) at around 8:10 AM,while he was going to meet the former ward counselor (parshad) on his bike. According to Dhananjay, he was not made aware of the grounds or reasons for detention and was abducted. He was first taken to Ali Nagar to the residence of Mr. Tinku Gupta, who is allegedly a dealer in illegal arms and ammunitions and has pending criminal charges regarding the same. At Tinku’s residence, Dhananjay was physically assaulted and was repeatedly forced to confess buying arms from Tinku. Dhananjay refused to succumb to any pressure to undertake a false confession. Dhananjay was then taken to the Bihar Police Station and illegally detained till 10:00 PM. He was once again brutally beaten and also subjected to extreme physically tortured, including electric shocks on his head near his ears. He was released only around 10:00 PM after the intervention of local respected persons. Dhananjay’s family members admitted him in the Sadar Hospital in Bihar Sharif immediately after he was released from the police custody on November 5, 2019. On November 6, 2019, the doctors at Sadar Hospital referred him to get treated in a high specialty hospital of the city. He was later taken to the Jeevan Jyoti hospital, Bihar Sharif for the treatment of his internal injuries.The Hon’ble Commission being the nodal agency on violence in police custody and attacks on HRDs is urged to take immediate action in the recent case and penalise the erring police officials who have blatantly violated the D.K. Basu and NHRC guidelines on pre-arrest & post-arrest guidelines. As per legal precedent,torture is not at all permitted whether it occurs during investigation, interrogation or otherwise. Custodial violence is in effect direct invasion of human rights. Torture in custody flouts the basic rights of citizens recognized by the Indian Constitution and is affront to human dignity. Custodial Torture is a calculated assault on human dignity and nothing can be more dehumanising as the conduct of police in practicingtorture of any kind on a person in their custody.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Abduction/Kidnapping, Intimidation and Threats, Torture, Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Community-based HRD, RTI activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Nov 19, 2019
- Country
- India
- Initial Date
- Oct 15, 2019
- Event Description
In the last three months, at least three YSR Congress MLAs have been booked for attacks on journallists—including a murder case. It has been alleged that the ruling party legislators have targeted journalists for reporting news critical of them or the state government.
Meanwhile, Chief Minister YS Jagan Mohan Reddy empowered principal secretaries of all the departments last week to file cases against print, electronic media houses if ‘distorted or malafide intended’ news pertaining to their respective departments are circulated.
On October 15, 45-year-old K Sathyanarayana, who was a reporter with the Telugu newspaper Andhrajyothi was killed by two assailants near his residence in S Annavaram village in Tuni mandal, East Godavari District. According to a police complaint filed by K Gopalakrishna, brother of the deceased, Tuni MLA Dadisetti Raja, who is also the government chief whip, could have supported the murderers.
“Raja (MLA) had threatened (the deceased) in the presence of other reporters after the completion of counting in Assembly polls in May that he would see the end of Satyanarayana... Several people had made threatening calls to my brother saying that Raja was backing them," Satyanarayana's brother, Gopalakrishna, told the Times of India newspaper. It has also been reported that a month ago, Sathyanarayana escaped an attack and had filed a complaint and sought police protection.
On September 23, Naidu Nagarjuna Reddy, a reporter with the Telugu daily Surya, reportedly escaped death, as he was attacked by a gang of 25 people “in the presence of a YSR Congress leader in Prakasam district”. According to the FIR registered by the police, Nagarjuna stated that he was gheraoed by 25 persons along with Amanchi Krishna Mohan, former MLA and YSRCP leader, and was stabbed several times and was beaten up with iron rods. Nagarjuna suffered five fractures and seven stab wounds.
“Although I have highlighted and exposed former MLA Amanchi Krishna Mohan for his involvement in land-grabbing, sand mafia, and intimidation many times before, this attack was provoked because I helped a 10-year-old girl write a letter to the CM against Amanchi,” Nagarjuna told The Indian Express.
On August 25, Avula Manohar, a reporter with the Telugu news channel Maha News, was attacked by unidentified persons near Stone Valley School in Rayadurg town.
Manohar alleged that he was attacked by the henchmen of Rayadurg YSR Congress MLA Kapu Ramachandra Reddy. However, police had refused to name the MLA in the FIR.
“I have been doing reports against Reddy exposing his involvement in sand mafia, shady real estate deals and high-handed behaviour. In spite of telling the police, they have not included his name in the FIR. No arrests have been made although police have identified the culprits behind this attack, and they have not called me for identification,” Manohar was quoted as saying.
On August 11, N Dolendra Prasad, the editor of Telugu weekly Zaminryot was attacked by Kotamreddy Sridhar Reddy, MLA from the Nellore Rural constituency, and his followers, Vishnu, Murali Krishna Yadav, and Suresh. According to the FIR registered in the case, Prasad claimed that the accused trespassed into his house “with a view to kill him with sharp weapons and dragged him from his house and also assaulted him, criminally intimidated him and attempted to murder him with a sharp weapon”.
Furthermore, two news channels, ABN Andhrajyothi and TV5, which are considered to be favorable to the opposition Telugu Desam Party (TDP) have been kept under an unoffocial ban since September, allegedly propelled by the instructions of the YSR Congress leaders.
Although the regulator Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had on September 25 directed the multi-system operators (MSOs) to restore the two TV channels, the operators didn’t adhere to the orders citing technical reasons.
Opposition parties including TDP, Congress, Communist Party of India (Marxist) and Jana Sena have condemned the state of media under YSR Congress government.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Death, Killing, Violence (physical)
- Rights Concerned
- Right to life
- HRD
- Media Worker
- Perpetrator-State
- Government
- Source
- Monitoring Status
- Pending
- Date added
- Oct 30, 2019
- Country
- India
- Initial Date
- Oct 4, 2019
- Event Description
According to sources on 4 October, 2019, around 7.30 am,a delegation of senior activists and globally recognised faces of Indian environmental and peace movementfacilitated by National Alliance of People's Movements (NAPM) landed at Srinagar airport in the state of Jammu and Kashmir. The team included Lucknow’s Ramon Magsaysay awardee Sandeep Pandey, Odisha’s Prafulla Samantara, winner of the Goldman Prize for his struggle against indiscriminate mining in the Niyamgiri Hills, Delhi’s Faisal Khan and Mohammed Javed, and Kerala’s Musthafa Mohamed of the Khudai Khidmatgar group. The team wasrestrained in the VIP lounge of the airport while they were preparing to visit the locked down Kashmir valley. The team was then forcibly sent back to Delhi on two separate commercial flights filled with soldiers between 4 and 4.30pm in the evening. They were detained at the airport on the orders of he Budgam district executive magistrate. According to sources individual notices in the name of Prafulla Samantara, Faisal Khan and Sandeep Pandey wereissued by District Magistrate of Budgam. The notice issued referred to “credible inputs” from various agencies that they intended to organise protests in different parts of Kashmir on the issue of abrogation of Article 370 and the withdrawal of special status ofJammu and Kashmir which could pose a threat to law and ordersituation in Kashmir. The notice also said that their entry into Jammu & Kashmir is being restricted till further orders. In a press conference held at Press Club of Indiain Delhi on 5 October, 2019, the returned activists informed that they had gone on a two-day visit to meet Kashmiri people and extend humanitarian assistance and solidarity to the communities in distress. The police at the spot told hem they would be arrested under prohibitory orders —Section 144 of the Criminal Procedure Code — which was in force in the Kashmir Valley. Countering the government’s claim that there was no curfew, the activists told the fact is that with Section 144 of CrPC in force people were not free to move about freely and even the Kashmiri officers of J&K government were being subjected to frisking and security checks by Central security forces. Since removing several constitutional provisions in August 2019 Indian authorities have flooded the Kashmir Valley with thousands of additional troops. Mobile internet and phone services were cut and landline phone access remained spotty, disrupting daily life and business in the valley, home to about 7 million people. More than 2,000 people, including mainstream political leaders, have been locked up or under house arrest. Kashmir Valley was placed under curfew, with severe restrictions on freedom of movement and ban on association and assembly of more than four people. There were strict restrictions on the movements of journalists, media reporters and publishers, resulting in a virtual blackout and a complete lockdown. Article 19 of the Universal Declaration proclaims the right to freedom of expression, which includes freedom “to seek, receive and impart information and idea through any medium regardless of frontiers”. Further Article 19 of the International Covenant on Civil and Political Rights sets forth the right to freedom of opinion, expression and information. The protection of human rights defenders is critical to ensure that they are able to work in a safe, supportive environment and be free from attacks and reprisals. Article 21 of the Constitution of India ensures to all its citizen right to life –a life to live without fear, intimidation, harassment or mental torture. Also, The Declaration on Human Rights Defenders, adopted in 1998 by the UN General Assembly, states that governments are under a duty to “take all necessary measures to ensure the protection of human rights defenders by the competent authorities against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary actions” as a consequence of their efforts to promote human rights. Therefore, the government is bound by its international legal obligations to ensure that all activists and human rights defenders are provided with security against harassment or intimidation so that they may enjoy their constitutional right to due process, life and liberty under Article 21, and the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. In the present case, interception of the human rights defenders and detaining them is an attempt to harass and intimidate the members of National Alliance of People's Movements (NAPM)’s delegation led by prominent social activists and human rights defenders including Ramon Magsaysay Award winner, Dr. Sandeep Pandey, Prafulla Samantara of Lok Shakti Abhiyan, Odisha, Mr. Faisal Khan and Mohammed Javed from Delhi and Kerala’s Musthafa Mohamed of the Khudai Khidmatgar who were prevented from entering the locked down Kashmir valleyamounting to blatant denialof their rights to liberty of movement and freedom of association guaranteed by the Indian constitutionand other international instruments.
- Impact of Event
- 5
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Restrictions on Movement, Travel Restriction
- Rights Concerned
- Freedom of movement
- HRD
- Community-based HRD, Environmental rights defender
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 30, 2019
- Country
- India
- Initial Date
- Oct 13, 2019
- Event Description
According to sources, on 13 October, 2019 Kashmiri journalist and human rights defender Mr. Bilal Bhatwas stopped from boarding an international flight to Kuala Lumpur, capital of Malaysia by immigration authorities at the Indira Gandhi International Airport in New Delhi. Mr. Bilal Bhat was due to visit Malaysia to represent India at the Children and Youth Assembly, organised by UN-ESCAP. The Indian immigration authorities stamped his passport saying that his visa was “cancelled without prejudice.” Sources informed that Mr. Bilal Bhat was selected as a delegate and was representing India at the Children and Youth Assembly, organised by UN-Habitat, UN Economic and Social Commission for Asia and the Pacific (UN-ESCAP), Urbanice Malaysia and UN Major Group for Children and Youth in association with the 7th Asia-Pacific Urban Forum (APUF-7). When the defender reached the immigration counter at the airport around 8 pm on 13 October, 2019, he was first asked if he was a Kashmiri and then enquired about the purpose of his visit. The immigration officials asked him a few more questions and then asked him to produce further documents to verify his age. The officials then took his driver’s licence, visa and some other documents and asked him to wait outside the office. He spent nearly six hours at the airport, first trying to understand why he was prohibited from flying abroad and then to get his baggage, which was offloaded from his Air Asia flight to Kuala Lumpur. The defender was not given any reason for not allowing him to travel abroad. Kashmiri journalist and human rights defender Mr. Bilal Bhat is not the only case of authorities barring prominent Kashmiris from flying abroad. At least two other high-profile Kashmiris –bureaucrat-turned-politician Shah Faesaland Journalist –author and human rights defender Mr. Gowhar Geelani –have also been prevented from travelling abroad after the August 5 decision of government of India to dilute Article 370 and revoke Jammu and Kashmir’s special status. Mr. Shah Faesal was detained at New Delhi's international airport 14 August 2019 and then sent back to Kashmir while journalist Gowhar Geelani was stopped at New Delhi's international airport on 31 August 2019 from travelling to Germany to attend an advanced training programme. Faesal has sharply criticized New Delhi's abrogation of Jammu and Kashmir’s special status under Article 370. It is once again pointed out to the Commission that interception of Kashmiri journalist and human rights defender Mr. Bilal Bhatand barring him to fly to Kuala Lumpur, Malaysia to represent India at the Children and Youth Assembly, organised by UN-ESCAP by immigration authorities at the Indira Gandhi International Airport in New Delhi amounts to curtailment of Right to Liberty along with Freedom of Movement as guaranteed by the International Human Rights Law, International legal standards and the Indian Constitution.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Restrictions on Movement, Travel Restriction
- Rights Concerned
- Freedom of movement
- HRD
- Media Worker
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 30, 2019
- Country
- India
- Initial Date
- Oct 6, 2019
- Event Description
According tosources, Mr. Jagdish Goliaallegedly died in a mysterious condition on 6 October, 2019 while he was in the custody of police of Pachpadra Police Station inBalotra city ofBarmer district of Rajasthan.According to the police, RTI activist and human rights defender Mr. Jagdish Goliaand two others named as Gopal Singh and Mahendra Singh were arrested on 5 October, 2019 under section 151 of Code of Criminal Procedure (CrPC) over a land dispute within theirfamily. According to the police they were presented before theExecutive Magistrate at the Tehsil Office for bail on 6 October, 2019. Police claimed that the Magistrate had granted bail to Gopal Singh and Mahendra Singh and Mr. Jagdish Goliacomplained he was not feeling well. Following the Magistrate’s directions, he was taken to the Nahata Hospital where he was declared brought dead. Sources informed that Mr. Jagdish Goliahad a lot of sensitive documents related to the police and the police had detained him in the past. In regard to the circumstances of his death, the local RTI activists and human rights organisations challenge the police version of the events and suspectfoul play. They alleged that RTI activist died in police custody in Barmer’s Balotra city.They informed that RTI activist and human rights defender Mr. Jagdish Golia had a complaint pending in Pachpadra Police Station, in connection with that he first metMr. Subhash Chandra Khoja, Deputy Superintendent of Police, Balotrawhere he was unheard.Hethenwent straight to Pachpadra police station where he was booked under Section 151 CrPC at police station and was arrested. He was beaten and tortured at nightin the police station. According to them the circumstances surrounding Mr. Jagdish Golia’s death strongly suggest that he died due to the brutal torture committed by police officers at the Pachpadra Police Station in Balotra city of Barmer district of Rajasthan.Media reports carried the statement of Barmer SP Sharad Choudhary who said that Golia’s mother Varju Devi had filed a complaint, alleging station house officer (SHO) of the Pachpadra police station, Mr. Saroj Choudhary had not ensured the timely treatment to Golia’s internal and external injuries, which she said led to her son’s death. Devi said in her complaint that she and her son were working on their farm in Sarana village on 5 October, 2019 when some people, belonging to their family, came and beat up Golia. It is alleged that the state police is trying to cover-up his torture anddeathby insisting that he dieddue tointernal and external injuries suffered by him at his farmas it has beendone in most other previous occasions when persons taken into custody had died while in custody. This case is yet again an example of reprisal against human rights defenders despite there being several national and international mechanisms in place towards protection of human rights defenders. Recent one being the December, 2018 pledge by National Human Rights Institutions (NHRIs) wherein it was recognised that human rights defenders have a positive, important and legitimate role in contributing to the realisation of all human rights and was endeavoured by the Commission to create enabling environment for safeguard of human rights defenders.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Death, Killing, Violence (physical)
- Rights Concerned
- Right to liberty and security, Right to life
- HRD
- RTI activist
- Perpetrator-State
- Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 24, 2019
- Country
- India
- Initial Date
- Oct 11, 2019
- Event Description
Authorities in India’s Tamil Nadu state on Friday arrested at least 15 Tibetans, including the head of the Tibetan Youth Congress (TYC) exile group, as they protested an informal summit between visiting Chinese President Xi Jinping and Indian Prime Minister Narendra Modi.
Police detained TYC president Gonpo Dhundup and 14 Tibetan students in several locations ahead of Xi’s arrival in the city of Chennai, according to TYC and media reports, including the airport and a highway leading to a seaside resort in the town of Mamallapuram, where the two leaders kicked off an informal summit to improve Sino-Indian relations amid trade and border tensions.
Sonam Tsering, General Secretary of the TYC, told RFA’s Tibetan Service that police had arrested 15 of his group’s members as they waited for the Chinese leader’s entourage in Chennai.
“Initially, we tried to wait until Xi arrived at his hotel, but six of us were detained there, while police arrested six of our other Tibetan youth protesters from where they waited at the airport exit,” he said.
“We have three other protesters who were to demonstrate ahead of Xi’s arrival at the airport, but they were arrested moments ago.”
Reuters news agency reported that Dhundup shouted, “We want freedom,” as he was “wrestled away by six policemen” and taken away in a waiting autorickshaw, citing a video shared by TYC.
TYC is based in India’s hill town of Dharamsala—home to Tibet’s exiled spiritual leader the Dalai Lama and the seat of the Tibetan government-in-exile—and India has taken special measures to prevent Tibetans from protesting Chinese rule in Tibet.
The Dalai Lama fled Tibet into exile in India following a failed 1959 national uprising against rule by China, which marched into the formerly independent Himalayan region nine years earlier.
Chinese authorities have maintained a tight grip on Tibet and on Tibetan-populated prefectures of Chinese provinces ever since, restricting Tibetans’ political activities and peaceful expression of ethnic and religious identity, and subjecting Tibetans to persecution, torture, imprisonment, and extrajudicial killings.
Earlier on Friday, TYC issued a press statement saying it “strongly condemns” Xi’s visit following China’s celebration of the 70th anniversary of Communist rule on Oct. 1, which it called a recognition of “70 years of oppression and aggression against the people of Tibet.”
The statement urged Modi to take up the issue of Tibet with Xi during their informal summit and called on the Indian government to release TYC cultural secretary Yeshi Chomphel, Students for a Free Tibet-India national director Rinzin Choedon, and prominent Tibetan activist Tenzin Tsundue, along with Tibetan students who are being held by police prior to Xi’s arrival.
“We also urge the Indian government for the quick release of TYC President Gonpo Dhundup along with 11 students members of RTYC Bangalore who were arrested today just before the president Xi Jinping’s arrival at the summit venue,” the statement said.
Earlier arrests
The arrests on Friday brought to at least 50 the number of Tibetans held in the lead up to Xi’s visit, including a stringer for RFA’s Tibetan Service assigned to cover the event, who has spent two nights in detention.
Kathmandu, which hosts Xi this weekend for a rare visit by a Chinese leader, has prevented 33 Tibetan delegates based in Nepal from returning home after they attended a major meeting of Tibetan exile groups from around the world in Dharamsala, the delegates told RFA on Thursday.
Of the 33, three delegates were able to slip back into Nepal just before the restriction was imposed, five delegates were sent back to India from the Nepalese border, and the rest are still stranded in India, the delegate said. Nepali media have reported that Nepal is preparing to sign an extradition treaty with China during Xi’s visit, raising concerns from human rights groups about the fate of Tibetans in the Himalayan country.
On Friday, Washington-based International Campaign for Tibet (ICT) issued a statement outlining its concerns over Tibetans’ status in Nepal ahead of Xi’s visit, noting that at least 18 Tibetans were detained by police, although some of them were subsequently released.
Responding to reports that Nepal may sign an extradition deal with China, ICT president Matteo Mecacci said his organization is concerned that such a treaty could “effectively further jeopardize the situation of Tibetan refugees in Nepal, whose status has been precarious for a long time.”
“We call on the Nepalese authorities not to sign an extradition treaty with China and on the international community to be vigilant and protect the rights of Tibetans in Nepal,” he said.
ICT said that Nepal’s ability to counter China’s heavy-handed approach on Tibet has been increasingly compromised, particularly since Nepal joined the “One Belt One Road” initiative in 2017, with promises of millions of dollars of Chinese investment in Nepalese infrastructure projects that Beijing has tied to Nepal’s “role in guarding against Tibetan separatists,” according to state media.
The group said that following a crackdown in Tibet in 2008, and an ensuing tightening of border controls, there has been a dramatic decline in the number of Tibetan refugee arrivals in Nepal, while “thousands of Tibetans remain stateless and in political limbo” in the Himalayan nation.
A 2009 survey put the number of Tibetans in India at about 128,000 and 13,500 in Nepal.
- Impact of Event
- 15
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Freedom of movement, Minority Rights, Offline, Right to Protest
- HRD
- Minority rights defender, Student, WHRD
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 15, 2019
- Country
- India
- Initial Date
- Oct 10, 2019
- Event Description
India arrested another seven Tibetans on Thursday on the eve of a planned visit by Chinese President Xi Jinping, while Nepal – the next stop on Xi’s South Asian itinerary – restricted the return from India of 33 Tibetan delegates who had attended a conference in Dharamsala, sources in the region said.
The arrests on Thursday in Tamil Nadu state, where Xi will meet India’s Prime Minister Narendra Modi, brought to 35 the number of Tibetans picked up ahead of the Xi visit, aimed at shoring up the Sino-Indian relationship after trade and border friction.
Six Tibetan activists and a stinger for RFA’s Tibetan service assigned to cover the Xi visit to the small Tamil Nadu town of Mamallapuram were taken into police custody in the state capital Chennai.
“I understand that the government would not want unruly scenes when foreign dignitaries visit. But these arrested Tibetans have not even protested, they just want a silent protest,” Henry Tiphagne, executive director of the rights group People’s Watch, told the Times of India on Thursday.
The Core Group for Tibetan Cause-India released a statement on October 9 calling on Modi to raise the Tibetan issue with Xi and urge China to resume long-frozen dialogue with representatives of the Dalai Lama as soon as possible.
Kathmandu, which hosts Xi this weekend for a rare visit by a Chinese leader, has prevented 33 Tibetan delegates based in Nepal from returning home after they attended a major meeting of Tibetan exile groups from around the world in Dharamsala, India, the delegates told RFA.
“We all have come to attend the special meeting but we are not allowed to go back to Nepal because Chinese President Xi Jinping is visiting Nepal on October 12 and therefore until then we are stuck here,” one of the delegates told RFA’s Tibetan Service, speaking on condition of anonymity.
“Groups of three or more people are not allowed to hang out together in Nepal at the moment. Even going out to buy vegetable has become difficult,” the delegate added.
Of the 33, three delegates were able to slip back into Nepal just before the restriction was imposed, five delegates were sent back to India from the Nepalese border and rest are still stranded in India, the delegate said.
The Oct 3-5 Special General Meeting held in Dharamsala drew 340 Tibetan community leaders and representatives from 24 countries including India, the United States, Canada, Australia, Nepal and Bhutan.
Nepali media have reported that Nepal is preparing to sign an extradition treaty with China during Xi’s visit, raising concerns from human rights groups about the fate of Tibetans in the Himalayan country.
The online news outfit Khabarhub said that Beijing had been pressing Kathmandu to sign the treaty during the Xi visit and that a draft is ready for Nepali cabinet approval.
The news website quoted an unnamed expert as saying there was worry that China is mainly interested in extraditing Tibetans involved in ‘anti-China’ activities in Nepal.
Sophie Richardson, the China director at New York-based Human Rights Watch, said China’s judicial system presents problems that has made many countries reluctant to enter into extradition treaties with Beijing.
“In China’s case, we have well documented all of the problems with the deeply politicized judicial system, in which the courts are not independent from party control, people are regularly denied basic fair trial rights, and where punishments can wildly disproportionate to an alleged crime,” she told RFA.
A 2009 survey put the number of Tibetans in India at about 128,000 and 13,500 in Nepal.
Tibet’s exiled spiritual leader the Dalai Lama fled Tibet into exile in India following a failed 1959 national uprising against rule by China, which marched into the formerly independent Himalayan region nine years earlier.
Chinese authorities have maintained a tight grip on Tibet and on Tibetan-populated prefectures of Chinese provinces ever since, restricting Tibetans’ political activities and peaceful expression of ethnic and religious identity, and subjecting Tibetans to persecution, torture, imprisonment, and extrajudicial killings.
- Impact of Event
- 7
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security, Right to Protest
- HRD
- Media Worker, Pro-democracy defender, WHRD
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 15, 2019
- Country
- India
- Initial Date
- Oct 6, 2019
- Event Description
Police in south India’s Tamil Nadu state have detained nine Tibetan activists for organizing a protest, days ahead of a planned visit by Chinese President Xi Jinping to hold bilateral talks with India’s Prime Minister Narendra Modi, a fellow activist said Tuesday.
On Oct. 6, Tamil Nadu police detained eight Tibetan activists representing the Members of Tibetan Students Association of Madras (TSAM), Tibetan Youth Congress (TYC), and Students for a Free Tibet (SFT), TSAM vice president Tenzin Choedon told RFA’s Tibetan Service.
The activists had planned to hold a protest in the small Tamil Nadu town of Mamallapuram, about 50 kilometers (31 miles) from Chennai in southern India, where Xi and Modi are scheduled to meet on Oct. 11-13 amid recent strains in the Sino-Indian relationship over trade and border disputes.
According to Choedon, TSAM’s president was taken into custody and is being held at the St. Thomas Mount Police Station.
“The rest of the activists were captured later, though they are all detained at the St. Thomas Mount Police Station as of now,” he said.
The arrests came a day after police took into custody prominent Tibetan writer and activist Tenzin Tsundue at Kottakuppam in Tamil Nadu’s Villupuram district for allegedly having “Free Tibet” publicity materials in his possession, according to the Indian press, which said he was sent to Chennai’s Puzhal Central jail on Oct. 6.
Media reports said police detained 42 Tibetans in all, but let most of them go after they signed agreements to refrain from demonstrating and maintain peace.
Officers took Choeden and 13 other Tibetan students studying in Chennai to a police station for verification and forced them to sign agreements, Choedon said.
“They took our pictures too,” he added.
Gonpo Dhondups, president of the Dharamsala, India-based TYC, told RFA’s Tibetan Service that his organization called on the Human Rights Law Network to appeal for the release of the detained Tibetan activists.
“The lawyers have commenced the appeal, but they are not hopeful about getting them released until Xi Jinping’s return [to China],” he said.
“The FIR filed will proceed accordingly thereafter,” he added, referring to the First Information Report, a complaint lodged with police to set the process of criminal justice in motion and trigger an investigation.
Typical protest
Anti-China protests by Tibetans in India are common, said Manoj Joshi, an expert on national and international politics at the Observer Research Foundation in New Delhi.
“Tibetans have been protesting whenever there is an official visit from China,” he said. “This is not something new.”
Tibetans have long opposed what they see as Beijing’s oppressive religious and social policies and rule in Tibetan areas of the western part of China, often going to the extreme of setting themselves on fire in protest.
China, in turn, vehemently rejects the exiled Dalai Lama as the spiritual leader of Tibet and Tibetan Buddhism, as well as his middle-way approach through dialogue with Beijing to grant Tibet genuine autonomy within the framework of the People’s Republic of China rather than independence.
“India cannot get involved between the Dalai Lama and China,” Joshi said. “However, I think it’s foolish of China to not accept the proposal because His Holiness the Dalai Lama has categorically said that he is not seeking independence but rather a middle-ground approach to settle the problem.”
“China’s version of calling minority communities like those in Xinjang and Tibet ‘autonomous’ has a completely different meaning, and therefore, the problem has always been with China,” he said.
The upcoming meeting will be the second informal summit between Modi and Xi following one in Wuhan, central China’s Hubei province, in April 2018.
- Impact of Event
- 9
- Gender of HRD
- Other (e.g. undefined, organisation, community)
- Violation
- (Arbitrary) Arrest and Detention
- Rights Concerned
- Freedom of assembly, Freedom of movement, Offline, Right to Protest
- HRD
- Pro-democracy defender, WHRD
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 15, 2019
- Country
- India
- Initial Date
- Oct 4, 2019
- Event Description
eporters Without Borders (RSF) condemns a brutal attack on two TV journalists who were investigating the suspected embezzlement of state funding for schools in a tribal area of Gujarat state, in western India. Those responsible must be arrested quickly, RSF said.
One of the journalists, TV9 reporter Kuldip Parmar, was hospitalized with a broken leg after the attack on 4 October in which both he and his brother, cameraman Ashok Parmar, were badly beaten and temporarily abducted.
The assault took place after the brothers arrived at a school in the village of Kunvarsi. Men armed with sticks attacked Ashok as he waited outside the school while his brother went inside to talk to the principal. When Kuldip came out, he was also given a severe beating.
The two journalists were then bundled into a car and taken to a nearby farm where they were forced to drink alcohol with a woman while being photographed for blackmail purposes. After being threatened, the injured journalists were finally dumped at the side of a road near another village.
Ashok has identified their main assailant as Vadansinh Barad, the brother of Lakshman Barad, the leader of the local branch of India’s ruling BJP party.
“A physical attack of this kind cannot go unpunished,” RSF’s Asia-Pacific desk said. “The beatings that this reporter and his cameraman received while doing investigative reporting in the public interest put all of the region’s journalists in danger. The police must carry out an investigation and severely punish those responsible.”
The two TV9 journalists went to the village to investigate the alleged misuse of state funding for schools in tribal areas. To combat illiteracy and promote secular education among India’s disadvantaged tribes and castes, the state has been building and assisting schools since 1990.
India is ranked 140th out of 180 countries in RSF's 2019 World Press Freedom Index.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Abduction/Kidnapping, Intimidation and Threats, Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Oct 15, 2019
- Country
- India
- Initial Date
- Oct 5, 2019
- Event Description
The government of India’s Telangana state must immediately release Ravi Prakash, founder of independent Telugu news website Tolivelugu, and ensure he is not harassed because of his work, the Committee to Protect Journalists said today.
Hyderabad police arrested Prakash on October 5 on allegations of corporate fraud during his term as CEO of broadcaster TV9, according to media reports. Prakash was forced to resign as CEO in May in the midst of a hostile corporate takeover, according to the reports. However, two of his colleagues told CPJ that his arrest is in retaliation for his refusal to withdraw two interviews on his news portal accusing the Telangana chief minister and a leading industrialist of corruption.
“Ravi Prakash is clearly being persecuted in retaliation for critical coverage on the Tolivelugu news website,” said Steven Butler, CPJ Asia program coordinator in Washington, D.C. “Authorities in Telangana should release him immediately.”
Tolivelugu reporter Raghu Ganji told CPJ that on September 30 the news website had carried two interviews on its YouTube channel conducted by him on the ongoing strike by 50,000 employees of a state-run transport corporation demanding pay hike and a freeze on the privatization of public transport. In one interview, transport union leader E Aswathama Reddy accused Chief Minister Kalvakuntla Chandrashekhar Rao and industrialist PV Krishna Reddy of being involved in a multi-million dollar public transport scam. In another interview, opposition leader Mallu Bhatti Vikramarka made allegations of corruption against Rao and Reddy relating to a huge irrigation project in Kaleshwaram, Telangana.
On October 2, another Tolivelugu reporter, Narsimha Reddy (no relation to Krishna Reddy), received a message over WhatsApp from an unknown number asking that the interview with Vikramarka be changed to a “private” setting on YouTube, in order to remove it from public view. According to Narsimha Reddy, an hour later he got a call from another unknown number asking him to take down both the interviews. “The caller first claimed that he was calling from [the] information and public relations department of the Telangana government. When I enquired further, he said he is calling from the office of Krishna Reddy. He told me to remove the interviews or face consequences,” Narsimha Reddy told CPJ.
Later that day around 10:30 pm, Krishna Reddy directly called Prakash demanding that he remove the interviews, according to Narsimha Reddy and Ganji. Prakash refused to do so.
Prakash previously accused the chief minister and the industrialist of forcing in August 2018 a takeover of TV9, in order to wrest editorial control of the broadcaster, which is a popular Telugu-language news channel in Telangana and Andhra Pradesh states and which had long been critical of Rao, according to The News Minute. When Rao came to power in 2014, he pressured cable operators not to air TV9 and another channel in response to criticism of his party, as CPJ documented at the time. In August 2018, Reddy and another industrialist, who Prakash claims are proxies for the chief minister, bought a majority stake in TV9 and started pressuring him to change its editorial stance. Since April this year, the new owners have filed police complaints against Prakash accusing him of stopping the new directors from participating in management, forging signatures, and most recently, siphoning off money from company accounts. He resigned from the company in May and launched the new outlet, Tolivelugu.
Krishna Reddy did not immediately respond to CPJ’s request for comment via WhatsApp sent to his personal assistant. Kalvakuntla Chandrashekhar Rao did not immediately respond to CPJ’s request for comment via WhatsApp message sent to his public relations officer.
CPJ has documented cases in Telugu-speaking Telangana and Andhra Pradesh where political parties have threatened, physically attacked, and even arrested journalists. In July this year, Mojo TV’s then-CEO, Revathi Pogadadanda, was arrested in Hyderabad. Earlier in February, her channel’s crew was attacked on the streets over its coverage of women’s admission to the Sabarimala temple and resulting protests. In May, newly elected chief minister of Andhra Pradesh, Jaganmohan Reddy, openly threatened two news channels critical of him, according to news website Filter Kaapi.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- (Arbitrary) Arrest and Detention, Judicial Harassment
- Rights Concerned
- Media freedom, Online, Right to liberty and security
- HRD
- Media Worker
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 15, 2019
- Country
- India
- Initial Date
- Sep 16, 2019
- Event Description
According to the information received,the Chhattisgarh Police have registered an FIR on September 16, 2019 at Kirandul police station of Dantewada district against Soni Sori and Bela Bhatia,Nanda,sarpanch of Kirandul village and her husband,Bhima,and 150-200 unnamed villagers for protesting against an alleged fake encounter in the region.
The FIR registered under IPC Section 188 relates to disobeying instruction issued by a public servant. They have been booked for allegedly holding a protest illegally and shouting slogans against the administration and the police in Dantewada during the Model Code of Conduct. According to the FIR, Soni Sori and Bela Bhatia"instigated tribal" from remote villages to gherao a police station in Kirandul in violation of prohibitory orders under Section 144 CrPC, which are in place because of the by-electionscheduled for September 23, 2019. According to the police,the protest obstructed operations of the police station, hence a FIR was registered.It is pertinent to mention here that two alleged Maoists, Lachu Mandavi and one Podiya Sori were killed in the encounter on the intervening night of September 13 and 14, 2019,in a forest near Kutrem village in the Kirandul police station area in Dantewadadistrict. Police claimed that both the Maoists were commanders of Malangir area committee of CPI (Maoist)carrying rewards of Rs fivelakh each for information leading to their capture.According to the activists, the purpose of the FIR is to counter their support for villagers who have been suspicious of the circumstances under which the saidencounter with alleged Maoists took place.Sources informed that Bela Bhatia first raised suspicions about the encounter and the death of the two on being fired uponby district reserve guards (DRG) personnel. The villagers also alleged that the two had in fact been murdered by the forces. On September 15, 2019,Soni Sori and Bela Bhatia visited the place where the alleged encounter took place. On September 16,2019,about 150-200villagers along withBela Bhatia and SoniSori, the sarpanch of the village and her husband,protested claiming that the encounter was fake and the killed were innocent villagers, not Maoists.Sources informed that on the evening of September 16, 2019,the two women activists along with the mother of the villager who was in custody and another villager had submitted a complaint against the extra-judicial killingof Podiya Sori and Lachchu Mandaviand disappearance of Ajay Telam in Kirandul police station. Instead of filing a FIR based on their complaint,the Kirandul police lodged a FIR against the two women activists and others that very evening.They have been wrongly accused of instigating and mobilising the few hundred people who had come on their own volition to Kirandul police station for a peaceful protest against this injustice and to secure the release of Ajay Telam from illegal police custody.It is clearly a retributive action by the police which was intendedto intimidate those speaking up for rightsand against extra-judicial killings.
- Impact of Event
- 3
- Gender of HRD
- Man, Woman
- Violation
- Judicial Harassment
- Rights Concerned
- Access to justice, Freedom of assembly, Offline, Right to Protest
- HRD
- Community-based HRD, Family of HRD, Lawyer, WHRD
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 3, 2019
- Country
- India
- Initial Date
- Sep 23, 2019
- Event Description
Reporters Without Borders (RSF) calls for an independent investigation into this week’s severe beating of a reporter in India’s east coast state of Andhra Pradesh who has repeatedly criticized a local legislator and the corruption associated with the state’s sand mafia. Those behind this attack, the third this journalist has received in as many years, must be identified, RSF said.
Nagarjuna Reddy, who works for the local Telugu-language daily Neti Surya, was nearly killed in this latest assault, which occurred shortly after he left a police station in the town of Ongole on the evening of 23 September.
He was intercepted by around 25 individuals armed with sticks, steel bars and knives, who took him to an isolated spot, proceeded to beat him and torture him, and finally dumped his body, presumably believing him to be dead. He was found by passers-by who took him to a hospital in the neighbouring town of Chirala, where he is being treated for severe injuries all over his body, including a broken leg.
“He is very badly injured and may be bed-ridden for the next four or five months,” RSF was told by Ravi Kumar, an Ongole-based journalist with the newspaper Sakshi who is a friend of Reddy and who visited him in hospital two days after the attack.
“This is the third major attack on Reddy since 2017,” said Charan Teja, a journalist with The News Minute in the nearby city of Hyderabad. “He had openly said he faced threats to his life from a local politician.” Reddy had even filed a complaint about the threats with the police.
Courageous reporter
“Nagarjuna Reddy embodies a courageous and determined journalism that does not hesitate to investigate the private interests of certain persons when they conflict with the public interest,” said Daniel Bastard, the head of RSF’s Asia-Pacific desk.
“The repeated extremely violent attacks, like the one he has just sustained, are therefore all the more shocking. In view of the widespread corruption prevailing within the local elites, we urge Andhra Pradesh chief minister Jaganmohan Reddy to order an independent enquiry that identifies the real instigators of these attacks and brings them to justice.”
After questioning Reddy in hospital and interviewing his wife, Jyothi, the police announced that they have arrested five individuals. Everything indicates that the attack was motivated by Reddy’s articles about Amanchi Krishna Mohan, a member of the state legislative assembly, and about Mohan’s alleged links with the Chirala sand mafia.
It was Reddy’s coverage of illegal sand mining that prompted the severe beating he received in 2018. “It was the same leg that was broken when he was beaten up by miscreants in 2018,” an Ongole-based journalist told RSF on condition of anonymity.
Police inaction
An extremely violent mob nearly lynched Reddy in the street in February 2017. In a shocking video showing part of this attack, Mohan’s brother can be seen beating Reddy with a steel bar.
A few months later, an independent panel of journalists, lawyers and academics concluded that this attack took place in front of Chirala’s main police station and that the police was looking on without intervening. Worse still, the police subsequently registered complaints against Reddy based on spurious allegations of extortion and deception.
At least six journalists were killed in connection with their work last year in India, which is ranked 140th out of 180 countries in RSF’s 2019 World Press Freedom Index.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical), Wounds and Injuries
- Rights Concerned
- Offline, Right to healthy and safe environment
- HRD
- Media Worker
- Perpetrator-State
- Suspected state
- Source
- Monitoring Status
- Pending
- Date added
- Oct 3, 2019
- Country
- India
- Initial Date
- Sep 11, 2019
- Event Description
On 11 September 2019,Mr. Ashok Mahindra left his home on his bike in MuktsarSahibcity in Punjab at around 7 pm. As he barely moved a few meters from his house on the street in B R Ambedkar Marghe was attacked from behind and fell down from his bike. He somehow managed to escape from the spot and run towards his house. When he reached home, the two assailants mainly Soma Singh and his father Jaswinder Singh Sinder came to his house and Soma Singh was carrying an iron rod and Jaswinder was having a small baton (lathi). They both started hitting the Mr. Ashok Mahindra indiscriminately with the intention to kill him and after receiving a blow on his neck, he fell down and became unconscious. The assailants were unsuccessful in executing the brutal attack because of the intervention of some of his neighbours and other people at the site of the incident. Fortunately, Mr. Ashok Mahindra survived the attack but he received three severe injuries. His right hand suffered fracture and left hand also got injured. He was immediately rushed to the civil hospital at MuktsarSahib, Punjab. He was admitted in the hospital and treated from 11 September, 2019 to 13 September, 2019.The Station House Officer of the area police station came to record his statement. Although they have registered the case but they have not included IPC section 452 which is imposed for allegedly committing house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person. It is alleged that by not including section 452 the police has beenseekingto diminish the enormity of the crime committed against the defender. Mr. Ashok Mahindra was assisting Mr. Kamal Kumar, a Dalit who was attacked with a gun some time back. In his case the police did not invoke the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the assailants. The defender lodged a complaint with the Senior Superintendent of Policeof Muktsar Sahib district to charge the accused under these relevant sections. Mr. Ashok Mahindra also organized an agitation in this regard.About three years ago Mr. Ashok Mahindra helped Mr. Gurmeet in filing a police complaint against an accused who attacked Gurmeet with a rifle. On the same day the accused was arrested. According to the sources in the present case the accused are involved in the drug trafficking activities and are suspected to have been hired by the vested interests to target the HRD. Mr. Ashok Mahindra has been a victim of vendetta like so many human rights defenders in the countryand the state and police machineryhas not taken any proactive measures to helpthe victim. They have not taken the accused on remand so far.Pertinent to this particular case of Mr. Ashok Mahindra, it is pointed out that under the Declaration of Human Rights Defenders, it is stated that in the context of human rights violations by third parties, the obligation to protect, first, involves ensuring that defenders do not suffer from violations of their rights by non-State actors. Failure to protect could, in particular circumstances, engage the State‘s responsibility. Even acts and omissions committed by non-State actors under the instructions, control or direction of the State can, under certain circumstances, give rise to State responsibility. Therefore, it is paramount that prompt and full investigations are conducted and perpetrators brought to justice. Failure by States to prosecute and punish such perpetrators is a clear violation of Article 12 ofthe Declaration on Human Rights Defenders.
- Impact of Event
- 1
- Gender of HRD
- Man
- Violation
- Intimidation and Threats, Violence (physical), Wounds and Injuries
- Rights Concerned
- Denial effective remedy, Minority Rights, Right to healthy and safe environment
- HRD
- Minority rights defender
- Perpetrator-Non-State
- Non-state
- Source
- Monitoring Status
- Pending
- Date added
- Oct 3, 2019
- Country
- India
- Initial Date
- Sep 5, 2019
- Event Description
According to sources on September 5, 2019 a criminal case wasfiled against Mr. Ashish Tomar and Mr. Shakeel Ahmadin the Mandwar police station of district Bijnor in Uttar Pradeshunder Sections 153 A (promoting enmity), 268 (nuisance) and 503 (criminal intimidation) of the Indian Penal Codeand Section 66 A of the Information TechnologyAct reportedly on a complaint by Senior Sub Inspector Pramod Kumarof the Mandwar police station of district Bijnor.According to the police FIR,reporterswerebooked for trying to vitiate social amity by manipulatingandspreading fake news about “Dalits threatening to leave” at Titarwala Basi village under Mandawar police station after influential Harijan Dalit family prevented them from drawing water from a hand pump.The FIR alleges that the two reporters instigated the Dalits to threatenthat they would leave the village. It further says that on the instigation of the reporters the Dalits put up a sign saying their houses were on sale.According to the journalists,they are being targeted by the police for factual reporting. They informed that the local police was apparently finding itself in an unhappy situation over their reporting on the case of caste discrimination against a Valmiki dalit family in a dalit-majority village in Bijnor district. They confirmed to HRDA that they have recorded versions of the person quoted in the story and the police personnel from Mandawar police station of district Bijnor putpressure on Lokesh Devi of the Valmiki family to add the namesof journalists in the statement given to the police toframe themin a false case. In Uttar Pradesh journalists, writers and activists are facing the risk of getting hounded by the government for exposing stark ground realities. In most scenarios, while doing their job honestly and dedicatedly, journalists being the crusaders of truth often encounter harassment, intimidation and even life-threatening situations. On 31 August, 2019in Mirzapur district of Uttar Pradesh, journalistPawan Kumar Jaiswal was booked for criminal conspiracy by the state policefor exposinga roti-salt “meal” being served to roughly 100 schoolchildrenunder the Mid-DayMeal scheme of the government.The FIR against Journalists and human rights defenders Mr. Ashish Tomar of Hindi daily Dainik Jagaran and Mr. Shakeel Ahmad has exposedthe malafide intentions of the local police and is a big blow to the freedom of press.Article 19, of the Universal Declaration of Human Rights (UDHR) mandates right to freedom of opinion and expression and is protected in all relevant human rights treaties. Freedom of opinion and expression are fundamental rights that contain both a personal and a social dimension. As per General Comment No. 34 on Freedoms of Speech and Expression, Human Rights Committee has observed that free speech and expression is an “indispensable conditions for the full development of the person”, “essential for any society” and a “foundation stone for every free and democratic society”. Journalists who are human rights defenders as well face major risks as a result of their work. Governments and other powerful actors, seeking to escape scrutiny and stifle dissent, often respond to critical reporting or activism with attempts to silence them. Threats, surveillance, attacks, arbitrary arrest and detention, and, in the gravestcases, enforced disappearance or killings, are too often the cost of reporting the truth. The protection of journalists and human rights defenders, and ending impunity for attacks against them, is a global priority for safeguarding freedom of expression. States are under an obligation to prevent, protect against, and prosecute attacks against journalists and human rights defenders. Creating a safe and enabling environment for their work necessitates legal reform, the creation of special protection mechanisms, and protocols to guide effective investigations and prosecutions where attacks occur. Therefore, the action of the police in the present case tantamount to clampdown on freedom of opinion and expression of the journalists who were just doing their duty of covering action of abuse by Non State actors.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Online
- HRD
- Media Worker
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 2, 2019
- Country
- India
- Initial Date
- Sep 10, 2019
- Event Description
On 8thSeptember2019, Sunday, activists from Human Rights Forum (HRF), a civil rights organisation held a meeting in Shadi Manzil, Nellore, on the abrogation of Article 370, and thealleged human rights violations in Kashmir.
According to sources,a group led by the Bhartiya Janata Party’s (BJP) local President Mr.Bellamkonda Malyadri approached police and accused the activists of provoking the people and disrupting peace in the regionand thatthe activists were spreading false narratives and trying to incite violence.Based on the complaint, the Kavali police have filed a case under Sections 504 (Intentional insult with intent to provoke breach of peace), 505 (Statements conducing to public mischief), 153(A) (Promoting enmity between different groups on grounds of religion, race) read with Section 34 of IPC (Acts done by several persons in furtherance of common intention) against activists Mr. V S Krishna, ,Mr.K Bhaskar and Mr. Mohammed Abzal, a religious leaderand others for organising the meeting.The organisers denied there was any attempt to disturb peace and accused BJP leaders of filing police complaints to stifle opposing voices. Last week, the police had declined permission to Human Rights Forum to hold a meeting on Article 370 in Adoni and Kurnool, in Kurnool district, stating that it may disturb public peace.Article 19 of the Universal Declaration proclaims the right to freedom of expression, which includes freedom “to seek, receive and impart information and idea through any medium regardless of frontiers”. Further Article 19 of the International Covenant on Civil and Political Rights sets forth the right to freedom of opinion, expression and information. Article 19 (1) (a) guarantees to all its citizens the right to freedom of speech and expression. The Hon’ble Supreme Court of India in Union of India Vs. Association for Democratic Reforms(2002) 5 SCC 294 had observed that “one sided information, and non information, all equally create and uninformed citizenry which makes democracy a farce. Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinion”, and can be read in the present case through participation in the said meeting.
Ref No: HRDA/South/AP/10/09/2019September 18, 2019ToMr.Khaleel Ahmed National Focal Point -Human Rights Defenders & Deputy RegistrarNational Human Rights CommissionManav Adhikar Bhawan,Block-C, GPO Complex, INA,New Delhi –110 023Email: [email protected] Sir,Sub:HRD Alert -India –Urgent Appeal for Action –Registration of case for organisinga meeting in protest of abrogation of Article 370 at Nellore, Andhra Pradesh–RegardingGreetings from Human Rights Defenders Alert -India!HRD Alert -India is a Forum of Human Rights Defenders for Human Rights Defenders. It endeavours to initiate actions on behalf of Human Rights Defenders under threat or with security concerns.On behalf of HRDA, we express our grave concern regarding registration of caseagainst human rights defendersfor organising a meeting in protest of abrogation of Article 370 at Nellore, Andhra Pradesh.Source of Information on the Incident:•Communication with the HRDs•Media sources•Communication with the activists in the region•The Regional Coordinator for the South & West of IndiaAbout the Human Rights Defenders under attack:•Mr. V S Krishna, is the Member of the State Coordination Committee of Human Rights Forum (HRF)•Mr.K Bhaskar, a member of Progressive Democratic Students Union.The Perpetrators:•Mr.Bellamkonda Malyadri President of Bhartiya Janata Party’s local unit•Mr. M Rosaiah,Circle Inspector (CI) Kavalipolice station Date of Incident:•September 10, 2019Place of Incident:•NelloreDistrict,AndhraPradeshIncident:On 8thSeptember2019, Sunday, activists from Human Rights Forum (HRF), a civil rights organisation held a meeting in Shadi Manzil, Nellore, on the abrogation of Article 370, and thealleged human rights violations in Kashmir. According to sources,a group led by the Bhartiya Janata Party’s (BJP) local President Mr.Bellamkonda Malyadri approached police and accused the activists of provoking the people and disrupting peace in the regionand thatthe activists were spreading false narratives and trying to incite violence.Based on the complaint, the Kavali police have filed a case under Sections 504 (Intentional insult with intent to provoke breach of peace), 505 (Statements conducing to public mischief), 153(A) (Promoting enmity between different groups on grounds of religion, race) read with Section 34 of IPC (Acts done by several persons in furtherance of common intention) against activists Mr. V S Krishna, ,Mr.K Bhaskar and Mr. Mohammed Abzal, a religious leaderand others for organising the meeting.The organisers denied there was any attempt to disturb peace and accused BJP leaders of filing police complaints to stifle opposing voices. Last week, the police had declined permission to Human Rights Forum to hold a meeting on Article 370 in Adoni and Kurnool, in Kurnool district, stating that it may disturb public peace.Article 19 of the Universal Declaration proclaims the right to freedom of expression, which includes freedom “to seek, receive and impart information and idea through any medium regardless of frontiers”. Further Article 19 of the International Covenant on Civil and Political Rights sets forth the right to freedom of opinion, expression and information. Article 19 (1) (a) guarantees to all its citizens the right to freedom of speech and expression. The Hon’ble Supreme Court of India in Union of India Vs. Association for Democratic Reforms(2002) 5 SCC 294 had observed that “one sided information, and non information, all equally create and uninformed citizenry which makes democracy a farce. Freedom of speech and expression includes right to impart and receive information which includes freedom to hold opinion”, and can be read in the present case through participation in the said meeting. Further, in the Supreme Court in Shreya Singhal v. State (2015) had observed that there are three concepts which are fundamental in understanding the reach of this most basic of human rights which are discussion, advocacy and incitement. Mere discussion or even advocacy of a particular cause howsoever unpopular is at the heart of Article 19(1)(a). It is only when such discussion or advocacy reaches the level of incitement that Article 19(2) kicks in. It is at this stage that a law may be made curtailing the speech or expression that leads inexorably to or tends to cause public disorder or tends to cause or tends to affect the sovereignty & integrity of India, the security of the State, friendly relations with foreign States, and so on.The protection of human rights defenders is critical to ensure that they are able to work in a safe, supportive environment and be free from attacks and reprisals. Article 21 of the Constitution of India ensures to all its citizen right to life –a life to live without fear, intimidation, harassment or mental torture. Also, The Declaration on Human Rights Defenders, adopted in 1998 by the UN General Assembly, states that governments are under a duty to “take all necessary measures to ensure the protection of human rights defenders by the competent authorities against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary actions” as a consequence of their efforts to promote human rights. Therefore, the government is bound by its international legal obligations to ensure that all activists and human rights defenders are provided with security against harassment or intimidation so that they may enjoy their constitutional right to due process, life and liberty under Article 21, and the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India.In the present case filing unnecessary FIR against Mr. V S Krishna, Mr.Bhaskar and Mr. Mohammed Abzaljust for holdinga meeting on a issue of public importance amounts to denial of right to freedom of speech and expression as guaranteed by the Constitution of India.
- Impact of Event
- 2
- Gender of HRD
- Man
- Violation
- Judicial Harassment
- Rights Concerned
- Freedom of assembly, Offline, Right to liberty and security
- HRD
- NGO staff, Student
- Perpetrator-State
- Government, Police
- Source
- Monitoring Status
- Pending
- Date added
- Oct 2, 2019