Tag Archives: state repression

WSS Statement On Arrest Warrants Issued By Jharkhand Government Against Activists And Writers

JHARKHAND GOVERNMENT ISSUES ARREST WARRANT AGAINST ACTIVISTS AND WRITERS UNDER LAW STRUCK DOWN BY THE SUPREME COURT

Women Against Sexual Violence and State Repression (WSS) expresses shock and concern at the arrest warrant issued against Stan Swamy, Aloka Kujur, Rakesh Roshan, Vinod Kumar and Babita Kashyap on 17 June 2019, one year after the FIR was filed against 20 writers, intellectuals and activists in Jharkhand on 26 July 2018 based on Facebook posts. All five are vulnerable to imminent arrest as part of the Jharkhand government’s targeted campaign against those defending human rights of adivasis in the state. Continue reading

Advertisements

Fact Finding Visit On The Social And Human Development Situation Of People In Lanjigarh And Niyamgiri, Kalahandi &Rayagada Districts, Odisha

Fact Finding visit on the social and human development situation of people in Lanjigarh and Niyamgiri, Kalahandi &Rayagada Districts, Odisha – Interim Observations

(23-27 March, 2019)

  • Context

A fact finding was conducted by 6 members of Women against Sexual Violence and State Repression (WSS), a nationwide network of like-minded people from diverse political and social movements comprising of women’s organizations, mass organizations, civil liberty organizations, student and youth organizations, mass movements and individuals who take on issues of human rights of women and marginalised communities. The fact finding team visited Odisha’s Rayagada, Kalahandi, Bhubaneswar areas to specifically understand the issues impacting the tribal comprising of DongriaKondh, KutiaKondh, Majhi Kondh and Dalits affected by the violations and violence meted out on them to make way for mining giant Vedanta to do its business. Continue reading

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 Arrests of Sudha Bharadwaj, Vernon Gonsalves, Arun Ferreira, Gautam Navlakha and Varavara Rao

WSS Condemns Arrests of Sudha Bharadwaj, Vernon Gonsalves, Arun Ferreira, Gautam Navlakha and Varavara Rao

WSS strongly condemns targeted attack on democratic rights activists, blatantly retributive actions of Maharashtra Police and demands immediate and unconditional release of all arrested activists, lawyers, writers and journalists

WSS strongly condemns the arrests of its member Advocate Sudha Bharadwaj, and activists Vernon Gonsalves, Arun Ferreira, Gautam Navlakha, Varavara Rao, and the raids at the homes of Father Stan Swamy, Dr. Anand Teltumbde, Prof. K. Satyanarayana, Pavana, Anala, Kurmanath, Kranti Tekula and others conducted by the Maharashtra police along with the state police of Telangana, Jharkhand, Goa and Delhi. These searches and arrests are a diversionary tactic to draw attention away from the spine chilling revelations about Hindu Sanatan Sanstha and Hindu Janjagruti in connection to the assassinations and bomb terror which they have been masterminding. 

On the 28th of August, in a coordinated operation, days before the 90 day period for judicial custody period of the five arrested in the Bhima Koregaon case end, several well known academics, lawyers, writers, poets, priests and journalists have been arrested and their homes raided by the police. Just under three months following the arrests of Professor Shoma Sen, Advocate Surendra Gadling, activists Sudhir Dhawale, Rona Wilson and Mahesh Raut, the Maharashtra police appear to be persistently cracking down on all voices that have stood in solidarity with them. This coordinated effort to harass and malign human rights activists all over the country is intended solely to create a sense of terror amidst the democratic people of this country and must be seen as a war against democracy. Despite the fact that no incriminating evidence has emerged in these cases, with no respect or regard for the law, the police continues to arbitrarily arrest and detain activists, lawyers, writers and professionals who have dedicated their lives to ensure that justice is served where it is due. Continue reading

Hindi Press Release Of The CDRO and WSS Fact Finding of Khunti, Ghagra, Palamu Tiger Reserve And Sedition Cases

From 17th to 19th of August, a ten member fact finding team of Coordination of Democratic Rights Organisations (CDRO) and Women against Sexual Violence and State Repression (WSS), along with local activists, travelled across the state of Jharkhand and investigated incidents of violation of human rights in Jharkhand state. Please find a link to the team’s Press Release (Hindi Version) below.

Hindi Press Release Khunti FF 17-19th August 2018

Press Release Of The CDRO and WSS Fact Finding of Khunti, Ghagra, Palamu Tiger Reserve And Sedition Cases

Press Release 19th August 2018

From 17th to 19th of August, a ten member fact finding team of Coordination of Democratic Rights Organisations (CDRO) and Women against Sexual Violence and State Repression (WSS), along with local activists, travelled across the state of Jharkhand and investigated incidents of violation of human rights in Jharkhand state. The first case was the recent incident of the rape of five women in Khunti district, the second was the Betla Tiger Project and the team tried to speak with several persons on whom the Jharkhand state has filed cases of sedition. Following news coverage and reports from human rights activists in Jharkhand, the fact-finding team reached out to as many people as possible including the villagers, intellectuals, activists, journalists, lawyers and the police. Continue reading

WSS Statement On The Sukma Encounter On August 6th 2018.

Immediate and independent probe of the alleged encounter killing of 15 ‘Naxals’ in Sukma

The morning of August 6th 2018, preliminary news reports indicated that 15 ‘Naxals’ had been gunned down by the Chhattisgarh police in Sukma district. This encounter, the reports claimed, also included injuries to two others, a man and a woman, who were then arrested. This encounter happened near Nalkatong village in the Mika Tong forests near Gollapalli and Konta Block of South Sukma. It was conducted by two teams of District Reserve Guard (DRG), Special Task Force (STF), Central Reserve Police Force (CRPF) and the elite Commando Battalion for Resolute Action (CoBRA) at roughly 6:30 am and it continued for roughly an hour. As per the SP of Sukma, this combined force numbering 200 personnel encircled and cordoned off a Maoist camp which appeared to have 20-25 militia members. The militia members, it is claimed, belonged to the tri-junction of Gollapalli, Konta and Bhejji areas. Bastar range Inspector General of Police Vivekananda Sinha has claimed that the exchange of fire lasted two hours and the Maoists had initiated the firing forcing the security forces to retaliate. According to Chhattisgarh’s Special Director General of Police (Anti-Naxal operations) DM Awasthi, the recovery of a large cache of arms, explosives and bodies of 15 Naxals along with the arrest of two is evidence of the success of the “biggest anti-Naxal operation in the history of Chhattisgarh”. Meanwhile, the police claim that they faced no setbacks in this operation and all their personnel returned safely to the base camp in Konta.

A day after all these claims, in Kistaram hundreds of women protested against this police action by calling it a ‘fake encounter’. The women protesting police action claim that all those killed were villagers working in their fields and none of them are Naxals. Following a visit to the site by Soni Sori and Lingaram Kodopi, it was revealed that the police force, in order to show their efficiency in combating Naxals in the area, shot and killed villagers. The villagers, harassed by intrusive search and combing operations in the area, were encircled and killed in indiscriminate firing. It seems some of the people killed are villagers from Gompad, the very village where two years ago a woman was raped and killed by the police and then declared a ‘Naxal’. The claim that any of them were Naxals was strongly opposed by the people resulting in questions about police action in the area. None of the villagers were armed. AAP leader and member of WSS, Soni Sori has asked, “If they were really Maoists, how come none of them had a single automatic weapon in a group of 15? The 15 dead included two brother and seven teenagers.” Soni Sori, Lingaram Kodopi and Ramdev Baghel, representatives of Aam Aadmi Party in the area, have raised serious doubts about the veracity of police claims by speaking with the villagers and have demanded an independent probe. Most crucially, the villagers have claimed that out of the 15 killed, six were minors aged between 14 and 17 years. All those killed were working in their fields when they were killed. The police encircled them in their fields and shot indiscriminately.

As per reports from the ground, villagers from four villages belonging to Mehta Panchayat – Nalkatong, Gompad, Kindrampada and Velpocha – including children between the ages of 14-17 from Nalkatong village were killed by the combined police team. Two people arrested include Madkam Budri, a woman from Nalkatong village who was shot in the leg and Vanjam Hunga from Velpocha village; both are now declared ‘Naxals’. The police are claiming both of them were apprehended during the operation. But the villagers claim that besides these two villagers, three more young adivasis are in police custody. Meanwhile, the villagers are being repeatedly beaten up, including pregnant women, in an effort to keep them quiet. The people from all these villages are clearly stating that there were no Naxals present among them and have invited independent probes to see for itself. It is crucial to note that Gompad is the very same village where two years ago Madkam Hidme, a young adivasi woman, was raped and killed after being declared a Naxal by the police. At that time too the villagers had come together and condemned the police action.

Meanwhile, Chief Minister of Chhattisgarh, Raman Singh, has called it a “big, successful and clean operation”. Just days before this operation, the chief minister had claimed that “either they should surrender and join the mainstream, or our forces are ready and Naxals will no longer be spared”. Minister for Home Affairs, Rajnath Singh, has also congratulated the police forces for this operation. The police claim that further search and combing operations are underway. On the one hand, DM Awasthi has claimed that the two teams were sent to the area following intelligence reports and, on the other, the SP of Sukma Abhishek Meena has claimed that “it was sheer chance that our forces spotted a Maoist camp along their route of operation and targeted the cadres. In the gun-battle, our men killed 15 Maoists on the spot”. Even as more questions are being raised regarding the incident on August 6th, the CRPF is planning to set up 17 more police camps in Sukma, Bijapur and Balrampur with two companies of CRPF in each wherein each company will roughly have 110 personnel.

In light of the contradictions in the police narrative and, more importantly, the claims made by the people of Nalkatong and the adjoining villages, it is clear that an immediate and independent probe is needed to ascertain the events in the night and morning of 5th and 6th August 2018. The history of sexual violence and police excess in the area raises apprehensions of an orchestrated operation meant to project ‘success’ for the Chhattisgarh police and boost the morale of the forces in the area. The impact of such operations on the people of Chhattisgarh, especially the adivasis of Bastar region, needs to seen in light of increasing repression on people, the easy and convenient branding of adivasis as ‘Naxals’ and the policy of killing villagers during the monsoons in the days leading up to the Independence Day creating an environment of police terror in the region. WSS condemns the beating up of the villagers including pregnant women by the Chhattisgarh police and paramilitary, all efforts made to silence the people of Sukma, and demand an immediate end to such practices including setting up of camps, intrusive combing operations, harassment of villagers, and threats to the lives of people daring to protest police excess. WSS is alarmed by reports of seven minors being killed in this operation and demands that the police and CRPF immediately cease actions wherein people are shot in cold blood in the name of combating Naxalism. Civil Liberties Committee (CLC) has filed a PIL in the Supreme Court with a prayer to file 302 IPC against paramilitary forces who have killed villagers, asked for the constitution of a judicial enquiry, a review of the post-mortem, called for a stay of auxiliary promotions to the paramilitary personnel, and appealed for the establishment of a criminal investigation by the CBI or set up SIT to investigate the killings. WSS stands in solidarity and supports this petition by CLC. Women Against Sexual Violence and State Repression (WSS) calls on all democratic forces to take note of the appeal made by the villagers of the Mehta Panchayat in Sukma and probe the incident immediately and judiciously.

Women Against Sexual Violence and State Repression (WSS)

Conveners: Ajita, Nisha, Rinchin and Shalini; Contact: againstsexualviolence@gmail.com