Statement On The Supreme Court Order On Eviction Of Forest-Dwellers

WSS condems Supreme Court Order on eviction of forest-dwellers

A death sentence for millions of Adivasis and traditional forest communities

Women Against Sexual Violence and State Repression (WSS) is dismayed and outraged at the Supreme Court order of 13th February 2019, directing state governments to evict Adivasis and other forest dwellers whose claims under the Forest Rights Act have been ‘rejected’.

There can be no greater irony than this – that these communities are being dispossessed in the name of the Forest Rights Act, the law that claims to correct “historical injustices” and restore the traditional rights of Adivasis and other traditional forest-dwellers and forest-dependent communities. Continue reading

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An Appeal To The Conscience Of The Nation (On The Bhima Koregaon Case)- Stan Swamy

 

An Appeal to the Conscience of the Nation – on Bhima-Koregaon case –

Stan Swamy

[Foreword: India has vowed to be a socialist, secular, democratic republic. Sadly, all these values are steadily being eroded in the present political developments. About 20 intellectuals, professionals, activists who are working for the fundamental rights of the poor and marginalized and upholding the above mentioned constitutional values are being labeled ‘urban naxals’ and are being harassed no end either as ‘accused’ or as ‘suspects’. Their premises have been raided, their electronic devices seized, serious cases filed. Some are already in prison, others face arrest anytime. I {Stan Swamy) am one of the ‘suspects’, I was also raided on 28th August 2018, even after more than four months Pune police have not made any charges, and when I appealed to Bombay HC [No.4741 of 2018] to quash the FIR against me my petition was rejected. Instead it authorized Pune police to continue its investigation on me, without prescribing any time frame, to see if I have committed any offence under UAPA and if needed take strong legal action. Really an open-ended offer to the police ! Several of the accused have refuted the charges against them. But the court seems to go by police’s version with scant regard to what petitioners are saying.

This is an appeal to all democratic minded individuals/groups/ organizations/ movements/ordinary citizens who are genuinely concerned about the steadily deteriorating human rights situation in our country and to raise their voice against it. – Stan Swamy ]

The following considerations may be taken for what they are worth:

  1. Justice PB Sawant, one of the organizers of the Bhima-Koregaon ‘Elgar Parishad’ event on 1st January 2018, in an interview testified that For years these pilgrims had been going to Bhima Koregaon, no incident happened. Why did it happen last year only? Our sources tell us that these two people (Bhide and Ekbote) were working at least two months before the violence there because they knew many people were going to come because of the 200th anniversary.
    This government wants to protect the Hindutva forces. They have been consistently trying to protect Hindutva activists who had indulged in violence…
    no Maoists were involved in the programme and the activists had been arrested because they criticised the government.

[ Pavan Dahat in HUFFPOST – NEWS, 30/12/2018 ]

Why the Investigating Officer and the courts did not pay attention to the above statement of a respected judge is a point of concern.

 

  1. Various fact-findings took place, the most prominent amongst them was one conducted at the behest of Pune Rural IG, Vishwas Nagare Patil, wherein ex-mayor of Pune was part of the team which visited many places and submitted its report on January 20, 2018. Summarising the report we find the following chronological events narrated in the report. Note the careful planning by communal forces.
  1. On December 16, 2017, one person namely Kaustubh Kasture had posted on Facebook that there would be riot on January 01, 2018, this person is supporter of Sambhaji Bhide and Milind Ekbote
  2. On December 30, 2017, Milind Ekbote took a meeting in Bhima Koregaon, whereat he decided to treat January 01, 2018 as black day and ensure bandh  all across the area.
  3. On December 29, 2017, memorial of Govind Mahar, who has legend to his credit of having shown courage to cremate the dead of Sambhaji Maharaj son of Shivaji Maharaj, came to be defiled. This resulted into a riot like situation in Vadu Budruk and adjacent areas, however all the villagers acted with responsibility and sorted out the issue amongst themselves and peace was restored. By December 30, 2017, though the issue at the Vadu Budruk was resolved peacefully, it is said that Sambhaji Bhide and Milind Ekbote, instigated the villagers.
  4. On December 30, 2017, a message was circulated on social media that there is a meeting called by Sambhaji Bhide in Vadu Village on January 01, 2018 and the supporters should gather in large numbers.
  5. On the night of December 31, 2017 Pradip Kand, Anil Kand and Ganesh Kand were threatening hotel owners to ensure bandh on January 01, 2018.
  6. Women in the vicinity knew prior about the riot on January 01, 2018, President of Tanta Mukti (dispute resolution) Committee, namely Vaibhav Yadav, had stored sticks and swords in his shop a night before.
  7. Suddenly on late night December 31, 2017, a letter was sent to police station, near Bhima Koregaon purportedly written by Bhima Koregoan Gram Panchayat, wherein police were informed about the bandh to be observed next day. [Nihal Singh Rathod in The Leaflet, 6 January 2019]

The Bombay HC while giving credence to the police version of the events has not asked the police whether any other reports were made. Could it have asked for this report to see the other side of the coin?

  1. Within a week, the Pune Rural Police registered at least 22 FIRs, including Anita Sawale’s, in multiple incidents of attacks against the pilgrims across different routes leading to the war memorial. The state government has stated before a Pune court that there are over 1,400 suspects in these cases, and estimated a total loss to public property of over Rs 1.5 crore. In the first information report registered against her complaint, Sawale named Manohar Bhide, president of the Shiv Jagar Pratishthan, Milind Ekbote, president of the Hindu Janjagran Samiti, and their “savarna sathidar”—savarna associates. [The CARAVAN – News – 14 September.2018 by Sagar]

To my knowledge, no courts have directed the police to act upon these FIRs. It is strange that one man’s FIR has galvanized against human rights activists and the defenders of the poor but 22 FIRs got no response and interestingly the judiciary did not comment on it.

  1. The raid of my living room-cum-office by Pune police on 28th August 2018 was illegal and inhuman.
  1. Both the Search Order and the Report-cum-inventory were written in Marathi language which i could not understand.

The search on my premises at 6 am 28th August 2018 by Pune police accompanied by a contingent of Namkum police thana, Ranchi, Jharkhand, was illegal. When I asked to see the Search Warrant the Pune police showed a Search Order. It was in Marathi language which I do not know. Hence I asked them to give me a translation of the Search Order either in Hindi or English so I could understand the nature of the order. The Pune police responded that it was not possible and that the search had to be carried out immediately. Thus they forcibly entered my room and spent three hours scrutinizing everything. They seized my laptop computer, a tablet, a camera, mobile phone and some instrumental music CDs. Then they produced a report-cum-inventory of seized articles which was also in Marathi language and asked me to sign the same. At this point I refused to sign a document in Marathi language which I do not understand until after an oral translation was done.

Pune police had brought two persons from Pune as ‘Panch’ which makes the Search illegal

The law on Search prescribes that a few respectable civilian people in the area be present during the search and that they sign as witnesses. But Pune police had brought two ‘panch’ along with them who signed as witnesses. This is a gross violation of the law and caused injustice to me. There were raids all over India on those who speak against injustices, but these raids did not follow the well-laid procedures. Its illegal nature is blatant.

  1. Torture in Police Custody: Adv. Arun Ferreira, one of the accused, was tortured in Pune Police Custody.

Arun Ferreira alleged in the court that he was beaten up during custodial interrogation. He said that on November 4 around 4 pm, during the interrogation he was punched about 8-10 times by the Investigating Officer (I.O.) Shivaji Pawar. The IO also hit him in the eye. While beating up Ferriera, IO Pawar was asking him questions about Indian Association of People’s Lawyers (IAPL). On November 5, he was taken to the Sassoon hospital. Injuries and contusion near eye were noted by the doctors at Sassoon hospital while conducting his medical examination.” [Sushmita in Sabrang News, 6 November 2018]

This is a serious human rights issue. Just last year when the United Nations Human Rights Council was trying to muster the nations of the world to sign the Treaty Against Torture, the Indian envoy loudly proclaimed “The very idea of torture is completely alien to Indian culture” ! On this basis India did not sign the UN document against torture. But everyone knows the police everywhere in India do torture prisoners to extract ‘confessions’. And when even eminent persons who have dedicated their life for the cause of the oppressed masses are subjected to this inhuman practice it is a matter of serious concern. This is also a violation of Supreme Court observing ‘custodial torture’ as a violation of human dignity and degradation that destroys self-esteem of the victim and does not even spare his personality.” [SC – SCC No. 416 / 1997 D.K.Basu vs State of WB]

But strangely enough, the judge at the Pune court did not comment on the petitioner’s mention of the torture. Silence from the judiciary on this vital aspect of human rights is painful.

I have thought these things aloud. I am sharing some questions that popped out. I do hope we can get answers.

[This Appeal is released on the occasion of the Republic Day when India took on the mantle of a “socialist, secular, democratic Republic’.]

 

 


WSS Statement On The #MeToo Violence In Bihar – Hindi

Please access the statement at following link:

Hindi WSS Statement #MeTooViolence in Bihar

 

WSS Statement Condemning Barbaric Sexual Assault and Murder of Dalit and Adivasi Minor Girls In Tamil Nadu

WSS Statement Condemning Barbaric Sexual Assault and Murder of Dalit and Adivasi Minor Girls In Tamil Nadu

15th November 2018

WSS strongly condemns the barbaric assault and murder of a minor dalit girl in the outskirts of Salem district in Tamil Nadu on October 22nd 2018 by her upper caste neighbor and the brutal murder of an adivasi girl in Dharmapuri on November 10th 2018.

In Salem, a man from the dominant Mudaliar caste had made sexual advances towards the victim, Rajalakshmi, which she had refused, and later reported to her mother. A student of class 8, Rajalakshmi was the daughter of a graveyard worker, native of village Thalavaipatti Theruku Kaadu near Attur, Salem district. Since she was 9 years old, she had been facing sexual harassment, unwanted sexual advances and abuse at the hands of her upper caste Mudaliar neighbor who is now 26. Everyone in the village was aware of the sexual abuse she had been facing, yet no one dared to confront the perpetrator. Continue reading

WSS Perspective Document On Sexual Harassment And Mechanisms For Redressal Of Complaints

This document is the outcome of a series of discussions within WSS in Delhi that began in late 2016 and picked up pace early in 2017. The purpose of this process was:
A. To share experiences of and develop a perspective on sexual harassment, sexual
violence and a range of other ways in which women are undermined (which we
have grouped under the term ‘gender discrimination’) in different kinds of
institutions, including spaces of progressive political interaction.
B. To outline our political perspective on how these questions may be approached
and dealt with, including but not limited to redressal mechanisms.
C. To propose a redressal mechanism for WSS.

Please click  on below link to access the full document.

WSS Perspective Document on Sexual Harassment

WSS Statement On The Majority Judgement Of The Supreme Court Regarding The Arrests Of Sudha Bhardwaj, Vernon Gonsalves, Arun Ferreira, Gautam Navlakha And Varavara Rao

WSS condemns the majority judgment of the Supreme Court regarding the arrests of Sudha Bharadwaj, Vernon Gonsalves, Arun Ferreira, Gautam Navlakha and Varavara Rao

WSS deeply condemns the majority judgement of the Supreme Court which has dismissed the PIL filed by Romila Thapar, Devaki Jain, Satish Deshpande, Prabhat Patnaik and Maja Daruwalla and has in effect granted the notorious Pune Police impunity to carry on with its fabricated and malafide investigation in the Bhima Koregaon (FIR No. 4/2018) case. The Court in its vague majority judgement has failed to do its duty as a Constitutional Arbitrator and as the vanguard of the fundamental rights under Articles 14, 19 and 21 of the Constitution of India to protect the liberty of the dissenting activists – who have been arrested by the Pune police which unabashedly flouted due process.   Continue reading

IIT Kanpur Alumni’s Statement In Support Of Advocate Sudha Bhardwaj And Others

We, a group of alumni of IIT Kanpur and others as students, researchers, faculty, staff and other community members affiliated with the same institute strongly condemn the arrest of IIT Kanpur alumna Sudha Bharadwaj (Integrated MSc., Mathematics, 1979-1984) and other activists namely, Vernon Gonsalves, Arun Ferreira, Gautam Navlakha and Varavara Rao, and the raiding of houses of Anand Teltumbde, K. Satyanarayana and Stan Swamy among many others.

These arrests seem to be a mere sequel in an ongoing attempt to intimidate and arrest activists, eminent writers, professors, journalists, and human rights defenders around the country. Continue reading