Democracy and Rule of Law

Case update

Mob-lynching: SC wants compliance reports within a week

Senior Advocate Indira Jaising — appearing for the petitioner Tushar Gandhi — submitted to the Court that all states be directed to upload the compliance report on their respective websites and that due publicity is given to the directions passed by the Court to curb the menace of mob lynching.

September 7,2018

Transparency and Accountability

EVMs: SC seeks reply from ECI on unauthorised handling

The Petitioner has contended that in the Uttarakhand State Elections held in February 2017, not only the Election Commission officials and employees of Electronics Corporation Of India Limited(ECIL) were allowed access to the EVMs, but also several persons belonging to a private firm M/s T&M Services Consulting Private Limited engaged by the ECIL were allowed to access the EVMs — thereby raising serious concerns and apprehensions about the possibility of a security breach.

September 4,2018

Human Rights

Enforced disappearances: Here, India must emulate Pakistan

International law recognises the practice of enforced disappearance as a distinct offence and States have an obligation under international law to not partake in such arbitrary deprivations of liberty and human dignity. Article 1 of the 2006 International Convention for the Protection of All Persons from Enforced Disappearance places a non–derogable prohibition against enforced disappearance. While Pakistan has taken steps, India is woefully behind in recognising enforced disappearance as a distinct offence.

Democracy and Rule of Law

#BhimaKoregaonArrests: Anatomy of a clampdown

The arrests of human rights activists and lawyers on August 28 and earlier on June 6, 2018 are all part of a wider theatre of Hindutva’s state-sponsored repression on those demanding democratic rights and freedoms for the most marginalised of Indian citizens. What began with Bhima-Koregaon had actually begun long back, with the atrocities against Dalits and Adivasis crossing the political threshold, such as those in Una and Saharanpur, as well as the ‘institutional murder’ of Rohith Vemula in January 2016.

September 3,2018

Public Statement

Stan Swamy: Case against me fabricated

'I fear that these activities of mine have angered the powerful interests within the government that they not only have foisted a case of sedition against me in Jharkhand but now have included me in a false case that links me with banned organizations at national level in order to discredit me together with other intellectuals, legal professionals and social activists raising our voices for the rights of poorest of poor people in the state of Jharkhand and all over India.'

September 3,2018

History and law

Is abolishing the Orderly System enough?

Upendra Baxi, reflecting on the continuation of a colonial policing system has noted that that when a decolonised society maintains its inherited police organisation, refusing to adapt to the aspirations of free society, it gets a colonial-repressive police organisation and colonial-repressive political regimes. This, he suggests is because of the intent of the governing elites.

September 3,2018

Civil Society

To SudhaMa’am, With Love

She invoked awe and reverence as a woman who toiled amongst the most socially turbulent parts of the country with quiet strength and navigated the corridors of power with the claims of the powerless, all while exuding an air of warmth and dignity. Her own life and work evoked reverence and inspiration among even the most cynical of us.

September 1,2018

Democracy and Rule of Law

Sudha Bharadwaj's hand-written response

'It is a totally concocted letter fabricated to criminalise me and other human rights lawyers, activists and organisations. It is a mixture of innocuous and publicly available facts and baseless fabrication. Various legal and democratic activities such as meetings, seminars, protests have been sought to be delegitimised by alleging that they are funded by Maoists.'

August 31,2018

Democracy and Rule of Law

# MeTooUrbanNaxal | In the words of Arundhati Roy

It has been important for Governments, both the Congress-led UPA and the BJP to disguise their attacks on Adivasis, and now, in the case of the BJP, their attack on Dalits— as an attack on “Maoists” or “Naxals.” This is because, unlike in the case of Muslims who have been almost been erased from electoral arithmetic, all political parties do have an eye on those Adivasi and Dalit constituencies as potential vote banks. By arresting activists and calling them “Maoists’, the Government manages to undermine and insult Dalit aspiration by giving it another name.

August 31,2018

Case update

#BhimaKoregaonArrests: Surendra Gadling’s wife moves application

Minal Gadling, the wife of advocate Surendra Gadling, on behalf of the five activists arrested on June 6, 2018 — including her husband Gadling, Professor Shoma Sen, Sudhir Dhawale, Mahesh Raut and Rona Wilson — has approached the Supreme Court seeking intervention in a petition filed by Romila Thapar and others. She has prayed for extending the benefit of Supreme Court’s order passed on August 29, 2018 in Romila Thapar case to all the above-named persons who are under arrest since last two months.

August 31,2018

Case update

#BhimaKoregaonArrests: What the Courts did

Courts in five different places, including Delhi High Court, Faridabad court, Pune sessions court, Punjab and Haryana High Court and the Supreme Court, have addressed the police’s recent targeting of lawyers, activists and writers, in connection with the Bhima Koregaon violence in petitions filed by concerned members of the academic fraternity.

August 31,2018

Democracy and Rule of Law

‘Urban Naxals’ and the invention of an enemy

Given the multi-state nature of the raids and the requisite inter-force coordination, it is fair to conclude that the clampdown flowed from the highest echelons of the ruling regime. This campaign of hatred, isolation, and trolling aims at maligning and subverting all dissenters and activists critical of the government (and the BJP) by either false-flagging them as “security threats to India” or labelling them as extended affiliates of militant movements without any solid evidence.

August 31,2018

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