PUCL BULLETIN, JULY 2015 1

Vol. XXXV, No. 7 ISSN-0970-8693

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Lest we forget - Lessons from theEmergency (1)

Inside :

ARTICLES, REPORTS, AND DOCUMENTS:The Emergency in India: Can HistoryRepeat Itself? - Prabhakar Sinha (2); Scaron India's Soul - Rajindar Sachar (5); 40Years of Emergency - Kuldip Nayar (6); Readbetween the lies - MG Devasahayam (7);PUCL Chhattisgarh: Report of a Fact-Finding Team: Killing of a civilian bysecurity forces in Revali village (9);Reaching Out to the Masses - PrabhakarSinha (14); Peoples' Union for Civil Liberties(PUCL) & Human Rights - D.L. Tripathi (16);Reckoning of modis first year - ? - RajindarSachar (19).

PRESS STATEMENTS, LETTERS ANDNEWS :Delhi PUCL: Press statement: Visit of civilsociety organizations at Atali village,Ballabhgarh (8); PUCL Delhi Seminar forInterns on Women's issues, Communalismand Workshop on RTI - Mahi Pal Singh (9);PUCL Gujarat: A Peoples Convention -Organized since there has beenDevastation in place of Development (12).

JULY 2015 Rs. 10

Lest We Forget -Lessons from the Emergency25th - 26th June, 2015 will mark the 40thanniversary of the promulgation of the infamousEmergency in India by the Indra Gandhigovernment. The 21 months that followeddemonstrated the slender string that holdsdemocracy in India and the grim reality that thepossibility of another Emergency-like period cannever be ruled out. We carry four articles : onespecially written for the 'Bulletin by PrabhakarSinha, PUCL National President, who was aparticipant in the Anti-Emergency agitation andhad been jailed during the dark days of theEmergency. We also carry an article by veteranjournalist Kuldip Nayar, who paid the price foropposing Indira Gandhi by being jailed during theemergency period. The other two articles are byRajindar Sachar, former President, National PUCLand MG Devasahayam, who as District Collectorof Chandigarh had played a crucial role inprotecting JP when he was held in custody inChandigarh. Their articles are thought provokingand are re-published from a Special volume ofThe Week magazine for the benefit of our readers.We thank the magazine.

- V. Suresh, Chief Editor, PUCL Bulletin q

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The Emergency in India: Can History Repeat Itself?Prabhakar Sinha

The anti-emergency day continuesto be observed since 1977. Theoccasion has been used to recall thehorrors of the emergency andcondemn the then Prime MinisterIndira Gandhi for eclipsing ourdemocracy to save her throne. Buta very pertinent and crucial questionhas never been raised. Granting thatshe declared the emergency forpurely personal reasons, thequestion begging the answer is: whydid she succeed? Why did theLegislature and the judiciary fall inline? Why was there no popularuprising? Why did the whole systemsurrender so abjectly to oneperson's authority? And if thecauses of the collapse of thedemocratic system in one blow arestill existent and unknown, what isthe guarantee that history would notbe repeated by another authoritarianPrime Minister suffering from thedelusion that `(S)he is India', asIndira- supporters declared that`Indira was India and India wasIndira'.

The eclipse of our democracy in1975 was not solely the result of theambition of an authoritarian PrimeMinister, but of a serious inherentweakness of our democracy ofwhich she took advantage. Thestrength of a democracy lies in theinvolvement of the large majority ofthe people in the system. When themajority in a democracy is the realstake holder and perceives thesystem as its benefactor andprotector, it feels that any attack onit is an attack on its own vital interestand fights for its preservation. Butwhenever and wherever, thedemocratic system alienates anoverwhelming majority of its peopleby catering to the interest of a smallelite, it gets emaciated andultimately either gives way to somekind of authoritarian rule or oligarchy

masquerading as a democracy.Most of the former colonies whichwon freedom in the last century maybe placed somewhere between thetwo extremes. Indian democracyhas been moving fast fromdemocracy to a system in which thefaçade of democracy is maintained,but the power and resources of theState are employed to serve a smallelite comprising the rich, thepoliticians and the bureaucrats. Inshort, the overwhelming majority ofIndians do not identify with ourdemocratic institutions and do notfeel they have a stake in it. Therewas no popular uprising against thedeclaration of the emergencybecause the eclipse of democracywas not perceived as an attack ontheir vital interest.

In the 1977 Lok Sabha election,Indira Gandhi was ousted frompower due to the popular angeragainst the atrocities committedduring the dark days of theemergency. She was wiped out inthe Northern states but won in thesouth because the people in thosestates had not suffered as thepeople in the north. However,democracy is not only aboutfreedom from atrocities, but is asystem of government with thewelfare of the people as its chiefgoal. Indian democracy hasshunned it.

The root cause of this deviation istraceable to the composition of theIndian National Congress, whichspearheaded the movement forindependence. The organizationwas deeply and genuinelycommitted to the country'sindependence and took in its fold allthose who were committed to thischerished goal. They included urbaneducated elite, landlords from therural India, businessmen,industrialists and many others who

were alike only in so far as theyshared the same goal. With thisassorted group, it was not possiblefor the freedom movement to havea blueprint of a sharedsocioeconomic order afterindependence. However, aconsensus had emerged during thefreedom struggle in favour of ademocratic form of government.

The party, which inherited powerfrom the colonial rulers, wasdominated by an elite, which had nogenuine commitment to the welfareof the people though it had acceptedit in principle. The Indian constitutionreflects this reality. All the negativeliberties ( i.e. freedom from theState's coercion) guaranteed to thepeople were included in its third Partof the constitution, which deals withthe fundamental rights and whichare justiciable; but all the measuresrequired for the welfare of the peoplewere pushed to Part IV dealing withthe Directive Principles of StatePolicy. The pious platitudes in thispart were made non justiciable todeprive the people of the right toforce the State to use its power andresources for achieving the goal setforth under the Directive Principles.Making it non- justiciable was meantto set the State free from theobligation of following the directiveprinciples and also to grant it thefreedom to violate them. Thefoundation of our democracyshunning its responsibility andobligation as a welfare State was laidin the Constituent Assembly itself.Under the Directive Principles, theState has been directed to ensurethe right to food, the right to work,to education, to assistance in thecase of unemployment, old age,sickness disablement and in othercases of undeserved want. Severalother rights were included for thewelfare of the people. The State wasalso enjoined to secure for the

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people 'a social order in whichjustice, social, economic andpolitical, shall inform all theinstitutions of the national life' todirect its policy to ensure that theownership and control of thematerial resources of the communityare so distributed as to bestsubserve the common good and toprevent concentration of wealth andmeans of production to the commondetriment'. T.T. Krishnamachari, aprominent member of theConstituent Assembly, described theDirective Principles as 'a veritabledustbin of sentiment ... sufficientlyresilient as to permit any individualof this house to ride his hobby horseinto it'.

Making the dream of a welfare Stateas envisaged in the DirectivePrinciple non-justiciable has provedto be an act of grand deception andhas excluded the people from beinga stake holder in India's democracy.The traumatic experience of theemergency led to the realization thatthe State had been serving only therich and the privileged, and therewas need of course correction byserving the interest of the commonman. It led to the abolition of theRight to Property as a fundamentalRight (Art. 31) and making it only aconstitutional rights (Art 300A) onthe ground that 80% of thecountrymen have no property, andthis right served only a smallminority. The other significantrealization was that a vast disparityin income and any disparity in status,opportunity and facility poses agrave threat to democracy. Art. 38was amended to incorporate thefollowing: Art.38(2) - " The Stateshall, in particular, strive to minimizethe inequalities in income, andendeavour to eliminate inequalitiesof status, facilities and opportunities,not only amongst individuals butalso amongst groups of peopleresiding in different areas orengaged in different vocations." But

this amendment, which could havebreathed life in our democracy, isalso non-justiciable as it is in PartIV. The dependence of the politicalparties on the black money of therich prevents them to serve themultitude and strengthendemocracy.

Democracy is also a systemrequiring deep commitment to itsvalues. In the face of the gravest ofproblems, it demands that a solutionmust be found without sacrificing orcompromising its principles andvalues. This commitment wasabsent in the rulers of independentIndia. Immediately afterHyderabad's forced accession toIndia, the government was faced byan armed struggle of the peasantsof Telangana under the leadershipof the Communist Party of India.Patel ordered the police to shoot thetrouble makers at sight withoutcaring for the number of peopledead. The comparison of Patel withBismarck and his designation as aniron man might be an assessmentworth admiration in the 19th centuryunder a monarchy but is whollyunacceptable in a democracy. It wasthis anti-democratic mindset whichguided the destiny of free India.

The authoritarian approach isevident in a slew of repressive lawsenacted even after the adoption ofthe present constitution. The seriesof enactment of draconian lawsbegan with The PreventiveDetention Act, 1950 and iscontinuing without let or hindranceboth at the centre and in the statesregardless of which party is at thehelm of affairs. At the time of theEmergency, there were fewerweapons in the arsenal of IndiraGandhi than are available to thepresent day rulers. No democracyhas such draconian laws targetingits own citizens, especially during atime of peace.

The cold blooded organized killing

of the Naxals since the seventies ofthe last century, and the ongoingkilling of the Maoists and the othersunder one pretext or the otherwithout protest from the politicalclass ruling the country is a telltaleevidence of an emaciateddemocracy. The acquiescence inthis ghastly crime againstdemocracy does not augur well forits future.

Draconian laws are not enactedwithout a cause. When they areenacted in a democracy and theState resorts to killing and detainingits own citizens, it is always theconsequence of the State serving aminority at the cost of theoverwhelming majority. Therepression is necessary to containprotest against the crime againstdemocracy.

Much before the imposing of theemergency, Indira Gandhi hadrealized that independence of thejudiciary was going to be animpediment to her authoritarianways. She insisted that Parliamenthad an absolute power to tinker withthe constitution. When the SupremeCourt rejected this contention of hergovernment, she retaliated bysuperseding three of the seniorjudges and appointing Justice Mr.A.N. Ray (who was then holding thefourth position, in order of seniority)as the Chief justice of India. Callswere openly given for a "committed"judiciary - an euphemism for ajudiciary committed not to theConstitution, but to the Executive!Though her shameful contentionthat since the fundamental rights,including the right to life andpersonal liberty and the right tomove the higher courts for theprotection of the fundamental rightshad been suspended, the peoplehad no protection against thedeprivation of their life or personalliberty was upheld by the apex court,she superseded Justice Mr. H.R.Khanna, the only judge who had

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given a dissenting judgment. Shetransferred several judges of theHigh Courts to teach them a lessonand make an example of them forthe others.

How much is the situation differenttoday from what it was in 1970s?There is a government commandingan absolute majority headed by aperson known for his authoritarianand ruthless ways. Anticipatinghindrance from the judiciary he hasgone out of the way to tell theconference of the Chief Justices ofHigh Courts and the Chief Justiceof India how they should conducttheir business. He has advised themto not give undue weight to 'five staractivists'. By any standard, it was theheight of not only impropriety butimpertinence. The Finance Ministerof the present government hasadvised the judiciary to join handswith him to make an investor friendlyjudiciary by avoiding making'excessive judicial interference'. Hehas arrogated the power todetermine what is 'excessive judicialinterference' - something unknownin the countries having anindependent judiciary.

The Attorney General, arguing infavour of the National JudicialAppointments Commission, doesless of arguing and more of insultingand threatening. Armed with the totalsupport of the political class, whichfinds an independent judiciary athorn in its flesh, he uses a tone andtemper which poses a serious threatto the independence of judiciary.There is a concerted move toweaken and frighten it. It is not theformation of the Commission forappointment of judges (which mustbe judged fairly on merit), but themanner in which the case is beingargued which reveals a dangerousmindset.

The institutions under the State arebeing packed with undeservingpersons committed to the ideology

of the party. The autonomy ofeducational institutions are beingdestroyed by the UnionGovernment's interference. Allinstitutions in which the governmenthas a say are being saddled withunfit persons on the sole basis oftheir ideological or political affinity/affiliation with the ruling party. Theprotests against the packing is beingignored as is characteristic ofundemocratic organizations.

The party in power at the centre isthe political wing of an organizationwhose iconic leader Golwalkerhailed Hitler as a hero and admiredhim for settling the Jewish problem(Hitler ordered massacre of millionsof German citizens of Jewish origin).The Indian organization was formedto fight the Muslims and was notinterested in India's independence.In fact, in Golwalkar's opinion, all theleaders who were fighting for India'sindependence were 'traitors'. Theparent organization of the presentruling party is committed to have aHindu Rashtra as the Muslim leaguewas committed to have a separateMuslim nation. Theocratic States bytheir very nature are anti -democratic because they cannotaccept the equality of the citizensbelonging to other religions.

The conduct of the parentorganization of the party in power isfascist. Its instigates vandalisationof the meetings expressing opinionit does not like, hounds the authorsof books it does not approve of, usesviolence to disrupt exhibitions itconsiders offensive and forcescinema halls to close down if it doesnot approve of a film. Its vigilantegroups humiliate and assault youngmen and women at public places ifthey are suspected to be lovers. Dr.Moonje, who was a founder of theRSS with Dr. Hedgewar was a greatadmirer of the Italian Fascist leader,Mussolini. He took the pain to go toItaly to meet him, and wished to visitthe institute where the Fascist

cadres were produced. It is onrecord that he greatly admired thefascist effort. Both Hitler andMussolini had created organizationswhich disrupted meetings of theopponents, beat them up and didworse. Bajrang Dal, and varioussimilar organizations are theirreplica. The Khaki pant and whiteshirt, which the RSS members donare not inspired by some Hindutradition but is inspired by theuniform of the Nazi and Fascistorganizations.

The government itself is committedto use all the resources of the nationand the might of the state to servethe handful of the rich; so much so,even the Congress Party, whichitself has been in hands and gloveswith the rich, has begun to accuse itof being a party of the rich! Theconsequence is further alienation ofthe people from the democraticprocess.

Democracy in India is in greaterperil. The ruling party is determinedto unabashedly serve the rich at thecost of farmers, workers and the restof the people. Protests areinevitable. It is not likely that thegovernment of an authoritarian partywould choose the people and not itsbenefactors. If it chooses itsbenefactors, severe repression isthe only course open to thegovernment against popularprotests. Whether it would declarean emergency or not is a speculationworth avoiding, but if it does it wouldbe very difficult to fight it, becauseunlike Indira Gandhi, the presentruling party itself is committed toauthoritarianism, has committedcadres modelled after fascistorganizations, and has a big supportamong the people due to itscommunal appeal.

But ultimately, it is the people whohave the last laugh, as is evidentfrom the fates of all tyrants. q

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Scar on India's SoulRajindar Sachar

Nations that do not remember theirimmediate past are in danger ofrepeating the same tragedy. Thisthought comes to me whensomeone under 35 years of age oreven 55 draws a blank on beingasked about the significance of June25, 1975. Even newspapers neverfront-page it?some do not evencarry the information; a few may justmention it somewhere in the cornerof inside pages. Many oppositionparties that were the victims of theEmergency choose to keep it lowkey, though the People's Union forCivil Liberties and such otherorganisations as usual hold protestmeetings.

And yet, it was a day when India lostits democracy, and the US presidentsarcastically boasted that the USwas now the largest democracy.Because of the sacrifices made byIndians under the inspiringleadership of Jayaprakash Narayan,the boast ceased to be true, but onlyafter 21 months.

There was spirited resistance to theEmergency. Thousands went to jail,and many human rights activistsworked underground. But, there isa limit to which unarmed people canfight an intolerant and a near fasciststate that India had become thosedays.

In times of crisis like during theEmergency, the judiciary is expectedto act as a bulwark against theexcesses by the executive. But afatal blow to freedom was struck bythe Supreme Court judgment in theADM Jabalpur case in 1976, holdingthat the right to life does not surviveduring the Emergency. The ruling

overruled the view of nine HighCourts that the legality of detainingorder passed by the governmentcould still be set aside for illegality.In fact, in some cases, the HighCourts had ordered the release ofdetainees. But, the Supreme Court,by a majority of four judges againstone honourable exception of JusticeH.R. Khanna, laid down thus:

"In view of the Presidential Orderdated June 27, 1975, no person hasany locus standi to move any writpetition under Article 226 before aHigh Court for habeas corpus or anyother writ or order or direction tochallenge the legality of an order ofdetention on the ground that theorder is not under or in compliancewith the Act or is illegal or is vitiatedby mala fides, factual or legal, or isbased on extraneousconsiderations."

The Supreme Court accepted theattorney general's argument that ifa policeman, under orders of hissuperior, was to shoot a person oreven arrest a Supreme Court judge,it would be legal and no reliefavailable. I am shocked how themajority decision could rely on theLiversidge vs Anderson judgment,given during wartime in 1942 by theHouse of Lords (United Kingdom),when English courts subsequentlyfelt so ashamed of that decision thata conscious effort was made tothrow it in a dung heap.

Some commentators have ironicallydescribed the majority in Liversidgecase as the court's contribution toEngland's war effort. Similarly, manyin India are inclined to describe themajority in the Jabalpur case as theSupreme Court's contribution to the

continuance of the Emergency. Hadit taken the same view as the HighCourts, the Emergency would havecollapsed because no court couldhave upheld the detention ofstalwarts like Jayaprakash Narayan,Morarji Desai, Raj Narain, GeorgeFernandes, Madhu Limaye andbrave journalist Kuldip Nayar on theground that they were a danger tothe nation's security. The inevitableresult would have been theimmediate release of these leaders,leading to an overwhelmingopposition movement which wouldhave swept away the Indira Gandhigovernment by mid-1976. Alas, howsometimes fate of nations can beinfluenced by the pusillanimity of afew individuals?in this caseembarrassingly by the highestjudiciary, which it can never livedown.

Soon after the change ofgovernment, Justices Y.V.Chandrachud and P.N. Bhagwatiexpressed regret and conceded thatthey should have joined Khanna,which would have been the majority.But this crying over their earlier viewis like crying after having deliberatelyspilt the milk. So much distrust injudiciary had been generated thatParliament took precaution inpassing the 44th amendment to theConstitution (1978), which has takenaway the power of the president tosuspend Article 21. But, we mustcontinue to remember that "eternalvigilance is the price the nation mustpay for safeguarding the liberties ofindividuals". And the press shouldkeep reminding the public of thisfrequently.

Courtesy: The Week, 14.6.2015 q

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40 Years of EmergencyKuldip Nayar

Forty years may seem to be a longperiod. But it is not long enough toefface the memory of a jungle rajwhich followed the imposition of theemergency in 1975. Prime MinisterIndira Gandhi, mother-in-law ofCongress president Sonia Gandhi,should have stepped down after theAllahabad High Court disqualifiedher for using the official machineryduring election. The SupremeCourt's vacation judge gave herreprieve by pronouncing a stayorder.Still she was not certain about thefinal outcome. There was reportedlya time, after the judgment, when shethought of stepping down till herexoneration and making JagjivanRam or the then UP chief minister,Kamlapati Tripathi, the PrimeMinister.But her son, Sanjay Gandhi, whosubsequently became an extra-constitutional authority and ran thegovernment, knew her mother'sweakness. He, with the help of BansiLal, then Haryana Chief Minister,hired the crowd and paraded her"supporters" outside the PrimeMinister's residence. After that MrsGandhi was really convinced thatpeople wanted her and only a fewdisgruntled elements in politics wereagainst her. Hereafter, herdependence on Sanjay Gandhi wasabsolute.Sources from her residencerevealed that she would talk aboutpolitics to Sanjay Gandhi alone andignored Rajiv Gandhi who, shethought, was apolitical. It is equallytrue that he too took little interest inpolitics and excelled himself inflying. He was considered an acepilot in the Indian Airlines which wasthen the only airline running thedomestic traffic. It is another matterthat Mrs Gandhi imposed politics onhim and he, in turn, imposed hisPrime Ministership on the nation.Strange as it may sound, theresistance was put up by parochial

forces, the Jana Sangh which is nowthe BJP, and the Akali Dalcomprising the Sikhs. The secularforces including the CommunistParty of India accepted MrsGandhi's autocratic rule without ademur. The Marxists were unhappybut prepared to lie low.Pathetic was the role of the press.(There was no electronic mediathen). It preached valour and values,but a few people and papers showedresistance. Mrs Gandhi's remarkthat "not a dog had barked" wasauthoritative in tone and tenor.Nevertheless, it was a fact that thepress had caved in.Stung by her remark, I was able tocollect as many as 103 journalists (Istill have the list) at the Press Clubby visiting personally the offices ofsome newspapers and the two newsagencies. Among those present wasGirilal Jain, then the Resident Editorof The Times of India. I read out theresolution I had drafted to condemnthe emergency and the impositionof censorship. One journalistmentioned that some editors hadbeen detained. I told the journalistspresent there to sign the resolution.I said I would forward it to thePresident, the Prime Minister andthe Information Minister under mysignature.Before leaving the Press Club, I tookthe copy of the resolution along withme lest it should fall in the hands ofthe police. Hardly had I reachedhome when Information MinisterV.C. Shukla, till then a friend, rangme and asked if I could drop in athis office. I was shocked to find adifferent Shukla, authoritative in toneand threatening in posture. Heasked me to give him the paper onwhich the journalists had signed.When I said 'no' he warned me thatI could be arrested. "You shouldunderstand it was a differentgovernment, run by Sanjay Gandhi,not Indira Gandhi," he said.Still I followed up with a letter to Mrs

Gandhi which said: "…Madam, it isalways difficult for a newspapermanto decide when he should revealwhat... In a free society - and youhave repeatedly said after theEmergency that you have faith insuch a concept - the press has aduty to inform the public. This issometimes an unpleasant task, butit has to be performed because afree society is founded on freeinformation. If the press were topublish only government handoutsor official statements, to which it isreduced today, who will pinpointlapses, deficiencies, or errors?.."However, when I tried to pick up thethreads after I came out of jailfollowing three month's detention, Ifound to my dismay that journalistswere afraid to support me openly.The then Jan Sangh leader, L.K.Advani, was quite correct in hisremark: You (journalists) wereasked to bend but you began tocrawl!If I were to explain the emergencyto today's generation, I would repeatthe adage that eternal vigilance isrequired to defend the pressfreedom is as much truer today asit was when India won freedomsome 70 years ago. Never didanyone expect that a Prime Ministerafter the High Court's indictmentwould suspend the constitutionwhen she should have steppeddown voluntarily.Former Prime Minister Lal BahadurShastri would often advise to hiscolleagues: Sit light, not tight. Thatis the reason why he resigned asRailway Minister after a big accidentat Ariyalur in Tamil Nadu. He tookmoral responsibility for what hadhappened.It is difficult to imagine anybodyfollowing that precedent today. Yet,India is still looked upon by the worldas a country where the value systemexists. Parochialism or posh livingis not the answer. The country hasto go back to what Mahatma Gandhi

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told the nation: Disparities drovepeople to desperation.There is a point in harking back on

the days of independence struggle.All had joined hands to oust theBritish. I wish the same spirit could

be revived to oust poverty.Otherwise, the independencecomes to mean a better life only forthe haves. q

Read between the LiesMG Devasahayam

It all started on the night of June 25-26, 1975, when Fakhruddin AliAhmed, then President of India, ina nocturnal bout of supplication toPrime Minister Indira Gandhi, signeda crisp three-line proclamation:

"In exercise of the powersconferred by clause (1) of Article352 of the Constitution, I,Fakhruddin Ali Ahmed,President of India, by thisproclamation declare that agrave emergency existswhereby the security of India isthreatened by internaldisturbances."

The Emergency that followedextinguished freedom anddemocracy, suspendedfundamental rights of citizens,fettered freedom of expression andresorted to illegal detention andabuse of citizens. The enactment ofdraconian laws, unparalleled in anydemocracy, followed suit.To justify the demise of democracy,an Intelligence Bureau note wasrigged up on July 21, based onwhich the Ministry of Home Affairsplaced a document titled "WhyEmergency?" in Parliament. Theidea was to create a myth about theEmergency and sell it to the haplesspublic. This 'white paper' depictsJayaprakash Narayan as the"Enemy No 1 of the state" and putsthe entire blame for declaration ofEmergency on the JP movement. Itopens with words that rival the liesof the Stalinist propaganda:

"The declaration of theEmergency and the variousactions taken by theGovernment to restorediscipline, order and stability inthe country have been

welcomed by people fromvarious strata of Indian society.The Prime Minister has said thatthe attempt of the Governmentis to put democracy 'back on therails' and to ensure that theactivities of an organised anti-democratic minority did not leadto the end of the very institutionsof representative governmentwhich the nation had evolvedover the years."

Another myth marketed adnauseam was that the Emergencyushered in an era of discipline ingovernment departments and thattrains were running on time. Somuch so Railway Minister SureshPrabhu is stated to have dug up theEmergency period files to findsolution to this chronic problemhaunting the Indian Railways!The ground realities, however, werediametrically opposite. I was thenthe District Magistrate (i.e. theDistrict Collector) of Chandigarh.Within minutes of the PresidentialProclamation, Giani Zail Singh, thenchief minister of Punjab, called upthe Union territory's ChiefCommissioner and directed him toseverely discipline the media. Hewas specific that The Tribune shouldbe sealed and not allowed to comeout that morning. He even wantedthe editor of the newspaper arrestedunder the dreaded Maintenance ofInternal Security Act!We did not comply with thisdirection, thereby incurring the wrathof Chaudhary Bansi Lal, thenHaryana chief minister. In hisinimitable style, he threatened thatif the Chandigarh administration wasnot willing to act against TheTribune, he will get it done through

the Haryana Police. This was howIndira Gandhi was safeguarding'institutions of government' andputting democracy 'back on therails'!More than the loss of personalfreedom and liberty, the Emergencywas about basic violations ofdemocratic norms and the crudeattempts to legitimise a new type ofregime and new criteria of allocationof rights and obligations. Thedelicately crafted and carefullynurtured fabric of India's democraticgovernance was ripped apart anddevastated by the imposition of ahighly concentrated apparatus ofpower in the manner of totalitarianRussia.The Soviet hand in this agenda issuggested by none other than JPhimself. This is what he wrote in hisPrison Diary on July 22: "Quite anumber of Congressmen aredisguised Communists. They will gowith Indira to the ultimate end. Theyhave always been enemies ofdemocracy. Behind them is the rightCPI and behind it is Soviet Russia.Russia has backed Indira to the hilt.Because the farther Indira advanceson her present autocratic course,the more powerful an influence willRussia have over this country…."The Emergency's blackest spot wasan attempt on the life of JP duringhis confinement in Chandigarh.Mysteriously, starting earlyNovember 1975, his healthdeteriorated sharply. Owing tocertain circumstantial factors, I, asthe custodian of JP in jail, hadserious suspicion about thisconspiracy. My assessment wasthat the 'Delhi durbar' considered JPas the only person of stature who

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could challenge the dynasty andremove it from power as and whenelections came, and should,therefore, be put in harm's way. Butby playing hardball with the PMO,this conspiracy was defeated bygetting JP released and he was sentto Mumbai's Jaslok Hospital just intime for his kidneys to be saved. JPlived for four more years andsucceeded in removing the dynastyfrom power in the early 1977elections.I had not suspected the Soviet linkto this devious plot till I read thispassage by Kuldip Nayar in amagazine to commemorate the 50thanniversary of the 1965 India-Pakistan war: "Soviet Prime Minister

Alexei Kosygin brought the two sidestogether across the table inTashkent after the war to brokerpeace.... But destiny had somethingelse in store. Within a few hours ofthe Tashkent declaration beingsigned, Lal Bahadur Shastri diedunder mysterious circumstances.His family believes he waspoisoned. Now, I too feel there wasfoul play. There was no post-mortem…. The ministry of externalaffairs refused access to papersrelating to Shastri's death."Dynasty was the sole beneficiary ofShastri's untimely death. It wouldhave been so if JP had also died injail. It is beyond comprehension asto why successive non-Congress

governments have kept a tight lidover these two humongousmysteries.The Emergency excesses havebeen benchmarked by the rulingelite and made into reference pointsfor gross violation of civic andhuman rights. Over a period of time,India has also been drifting towards"state kleptocracy", a systemwherein ruling establishmentsarrogate the power and resourcesof the state and govern at will. Mythsnotwithstanding, this is the starkreality of the Emergency fallout andthe root cause of the all-pervadinginequity and injustice in the midst ofthe country's rapid GDP growth. Wecan ignore this only at our peril!Courtesy: The Week, 14.6.2015 q

Delhi PUCL: Press statement: 5th June 2015

Visit of Civil Society Organizations at Atali Village, Ballabhgarh,Haryana, on 5th June, 2015

Today a team consisting ofmembers of PUCL, NAPM, KhudaiKhidmatgar and Socialist Partyvisited the Atali village inBallabhgarh District (Haryana) ledby Justice Rajinder Sachar (Retd).Team met the Muslim residents whowere attacked on 25th May,2015,whose houses were burnt,belongings looted or destroyed andwho had to flee from the village tosave their lives and had takenshelter in a police station atBallabhgarh till 3rd June. The teamwas happy to see that elders of themajority community hadapproached them and assured themof their co-operation in protectingthem and support in building the'mosque' and on their assurance, aswell assurance of the administration,they have returned to the villagefrom 3rd June, 2015. However sincetheir houses were burnt and theirbelongings totally destroyed orlooted by the anti-social elements,they have to rebuild their lives from

scratch. The interim compensationat the rate of Rs.5000/- per familygiven to the victims by theadministration is totally insufficient. Besides the Muslim residents, theteam members met SDM Dr.Priyanka Soni, some police officialsincluding two ACPs who werepresent at the spot as well asmembers of the majority communityof the village. Though theadministration and the elders of themajority community asserted thatthey are committed to the buildingof the mosque, still there are somemischievous elements who, inspiteof the court verdict against them andinspite of the compromise, seem tobe unsatisfied and have again goneto the court of CJM, Faridabad, inappeal claiming that the land of themosque belongs to the Panchayatand got a notice issued to theMosque committee as well as thePanchayat. Matter is fixed tomorrowfor hearing. However the team issurprised to note that though there

are more than eight temples, thereis no properly constructed mosquein the village and the Muslimresidents have been offering theirprayers in a make-shift tinshed formore than a century.The team urges upon the HaryanaGovt. that (i) the task of building themosque must be given top priorityand urgency, and proper protectionbe given to the mosque committeefor this purpose; (ii) Adequatecompensation be given to thevictims of violence so that they areable to rehabilitate themselves in adignified manner; (iii) that thoseresponsible for violence should beimmediately arrested andprosecuted and (iv) that dueprotection be given to the Muslimfamilies and their properties.The team members were JusticeRajinder Sachar, N.D.Pancholi,Prof. V.K.Tripathi, Vimal Bhai, FaisalKhan, Rizwan Ahmad, Farah Sakiband Abdul Malik.N.D .Pancholi, President, PUCL(Delhi) q

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Delhi PUCL:

PUCL Delhi Seminar for Interns on Women's Issues,Communalism and Workshop on RTI

PUCL Delhi organised a seminar forits interns on several issues facingour society and country at GandhiPeace Foundation, New Delhi on16th June 2015. It was attended byabout 60 PUCL Delhi interns, mostlygirl candidates, who are pursuingtheir law studies in variousuniversities. The seminar waspresided over by N.D. Pancholi,President, PUCL Delhi and attendedalong with others by Mahi Pal Singh,Amit Srivastava, Swati Sinha andPromod Mishra.Ms. Kavita Krishnan, a leadingsocial activist especially working onwomen's issues, spoke ondiscrimination against women andgirls practiced in our society andencouraged by caste panchayats,like Khap Panchayats, and also theso-called religious leaders andpoliticians in all the matters relatedto them - bringing up, education,marriage, sexuality and family andsocial life.In the second session Nishant NatyaManch led by Prof. Shamsul Islam

presented three songs which had astrong liberating messageunderlying all the three songs,especially the liberation of womenfrom age old redundant practiceswhich enslave them. A street play,an adaptation of Krishan Chander'splay, was also presented focusingon how degradation in humanisticvalues has occurred in our societywhere even lives of people have novalue. Prof. Islam also spoke on howsome people are bent upon dividingpeople on communal lines anddamaging the inclusive texture ofour society for their own politicalends. He also read out someportions of a small booklet sold byGeeta Press, Gorakhpur and writtenby a so-called 'Swami' in whichbeating of Hindu women by theirhusbands is fully justified.Interestingly, the same thing isrepeated for Muslim women in asmall booklet written by a Muslimscholar, which shows that when itcomes to treating women inhumanlyand unequally, all the religions are

equal.The third session on the Right toInformation was conducted byVenkatesh Nayak, Programme Co-ordinator, Access to InformationProgramme, at CHRI. The need forthe RTI, important sections of theRTI Act, various problems faced bythose making use of this Right to getinformation etc. were discussed ingreat detail.In all the three sessions theparticipants took an active partraising various issues and theirdoubts and getting clarification onthose doubts. They also shared theirexperiences in matters related towomen, accessing informationunder the RTI Act, and communalquestions raised in the societyaround them everywhere and everyday.At the end N.D. Pancholi thankedall the speakers and participants fortaking an active part in theinteractive seminar.Mahi Pal Singh17.06.2015 q

PUCL Chhattisgarh: Report of a Fact-Finding Team:

Killing of a Civilian by Security Forces in Revali Village (Dantewada)on 6th January 2015

Revali village (Revali Panchayat) isapproximately 65 km from thedistrict headquarter in the Kuakondablock of Dantewada district, southChhattisgarh. The village is home toMadia tribals who live in five paras(hamlets) of the village. On 6January 2015, Bheema Nuppo (35years-old, s/o Nanda) of Tadparahamlet of the village, was shot at anddied on the spot. In the followingdays, media reports of the case anddevelopments on the ground raisedseveral questions that called for anon-thespot investigation. Our teamof three members, undertook aninvestigation into the incident on 18-19 January. An update wasundertaken just before the

completion of this report.The incidentBy the time we reached Tadpara onthe 18th, it was dusk. Accompaniedwith a translator, we had traveledmost of the way in a hired vehicle.We covered the last bit on foot. Thisinvolved crossing the Malangir river,quite narrow at this time of the year.Budari and Bheema Nuppo's housewas not far ahead. We found Budariat home along with her five children:four daughters and a son. Her eldestdaughter is in her teens; theyoungest, also a daughter, is three-years old. Their house is made upof two huts located in a commonyard, home also to a few hens anda family of pigs.

We were soon joined by otherresidents of the hamlet. Since thelight would soon fade, theysuggested that we first see the site.A fifteen-minute walk led us to thespot where the path descended tothe river. On the basis of what Budariand others described, we learnedthat at around 9 am on 6 January,Budari and Bheema, had gonetowards the Malangir river to cutjhatti, a shrub required for fencing.After an hour or so, when they hadenough, Budari stayed back to tiethe bundle while Bheema headedfor the river for a bath. Soonafterwards, she heard the first shot.Dropping the bundle, she rantowards Bheema. She had reached

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the trees close to the path when sheheard another shot. Another villagershowed us the spot where Bheemawas catching crabs after his bath,when he was shot. Villagers alsodrew our attention to the plasticpacket that Bheema had carried withhim to keep the crabs.Fearing that she would be seen,Budari hid behind a tree. From thatvantage point she could seeBachelipara on the other side of theriver where the forces had reachedby then. She saw them fire manyshots in the direction where Bheemawas.Through the dense foliage, underthe fast-darkening sky, we could seethe narrow river. In day light, thesecurity forces would have seenBheema clearly. Of the bullets theyfired, one hit him on his right sidenear the waist, the second hit his lefteye. They killed their target as wastheir intention. By the time Budariand other villagers reachedBheema, he was dead.On our way back, Budari showed usthe bundle of fencing material thatlay where she had dropped it. Later,she also showed us three bulletsthat were found near the site whereBheema was, and an empty casingthat was recovered from the otherside of the river.Women of Tadpara told us that theforces, around 300 in strength,reached their hamlet around 9 am.They had come to their village fromthe direction of Burgum and Pordemvillages. Others of the area havementioned that the forces passedthrough Kankadipara, Nahadi,Potali, Pordem and Burgum.Many people of other paras of Revalimentioned that they had seen them.For example, Rakesh Tati (s/oTangra), who was Sarpach from2000-2005, a resident of Patelpara,said that he was in his yard whenhe was asked for direction toBachelipara. We were also told howthe forces harassed the residents ofthe villages they passed through,especially women. In Bhimapara,Mangdi Markam was pulled by herhair, slapped and beaten with astick. When her elderly mother

protested, she was also beaten.Paike Markam was also beaten.They stole a torchlight, a banda (aknife) and Rs. 300 from her house,and helped themselves to threejerrycans of mahua liquor in thehouse of Madke Markam. InTadpara, Hunga mentioned that theyhad taken Rs. 300 from his houseas well as a hen. Malle, also had topart with her hen and Rs. 200. Devesaid that they had taken a ganj (avessel) from her house and Rs. 300.All along, the security forces wereinsulting and abusing people inHindi; some were also speaking inGondi.1First Information Report (FIR)Budari said that after the villagerstook Bheema's body home, wordwas sent to village leaders. RakeshTati, ex-Sarpanch, who was in thevillage informed another leader,Devaram Barse (s/o Kalla, locallycalled Deva), Up-Sarpanch, whohad gone to Kirandaul with an ailingrelative. Adivasi leaders of the area,like Bheema Kunjam of Jabeli andNanda Sori of Bade Baidma, werealso contacted. They arranged for ajeep to be sent to Revali thefollowing day (7 January) so thatBheema's body could be taken toKuakonda thana. Nine women andseven men accompanied the body.Upon reaching the thana, Budariaccompanied with Singe (w/o Joga),Deve (w/o Deva), Lakhme (w/oDeva) and Joga (s/o Bandi) wentinside to register the FIR. Deva,Rakesh, and other relatives andvillagers stayed outside. Budari saidthat she related the events of thatmorning and what she hadwitnessed to the Thaanedar. Shespoke in Gondi. She said that oneof the police persons (tall and fair)was writing her statement; a localadivasi policeman was translating.According to Budari, he told her that"when you are asked as to who killedBheema say that the Naxalites didso. You will then get five kandis (onekandi being equivalent to Rs.20,000) as compensation."Budari said that when they asked:"What kind of clothes were thepolicemen wearing?", Singe told

them that their clothes were similarto what they were wearing. At thisthe policeman got angry and saidthat "you must be a sanghammember,that is why you arespeaking so much." Budarimaintained that her statement wasnot read out to her nor was a copygiven to them after their thumbimpressions were taken. Deva wasthen called in and his thumbimpression was also taken withoutreading out the statement to him orensuring that he read it first.We have ascertained that TownInspector Saradchandra, the officer-in-charge of the Thaanaa waspresent that day (7 January).Bheema Kunjam, a member of theAuxiliary force (who was earlier aSPO) was also present. Weunderstand from what Budari told usthat these were the two policepersons who were involved in takingdown her statement and thatBheema was doing the translation.This question of who was thetranslator has become an importantone. While Budari has maintainedthat she told the police that it wasthe security forces whom she sawshooting at and thereby killing herhusband, the FIR records that it wasdone by "unknown uniformedNaxalites." The flawed andmisleading FIR Budari got to knowabout this only on 11 January.According to legal procedure, sheshould have been given the copyimmediately after registering theFIR. Instead, it is only after Soni Sori,a local leader of Aam Aadmi Party,started making enquiries that a copyof the FIR was provided. As part ofour exercise of collecting facts, wetried to meet the Town Inspector(Thaanedar) on 19 January. Wewere told that he was involved insome inspection work close by.Despite waiting for many hours,leaving messages for him, andseveral attempts at contacting himby phone, including a messagegiven to him via Soni Sori, he didnot meet us.In an interesting twist of facts, thepolice allege that Deva was the onewho was translating, thereby putting

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the onus of this important "error" onhim. Budari has mentioned thetranslator to be Bheema Kunjam.Deva, for his part has clarified in anaffidavit submitted at the Dantewadacourt on 27 February that afterBudari and those accompanying herhad gone inside the thana, he andthe other villagers waited outside tillhe was called in by the thanedar. Hewent in to find the thanedar writingin a register. He asked Deva hisname and position, which Deva toldhim. While leaving, in passing, Devatold Budari in Gondi to relate whatshe had seen as accurately aspossible. Other than this, he said,he had no role in the writing orcontent of the FIR. On 27 February,Budari and Singe also submittedaffidavits at the Dantewada courtoutlining their version of the events.2Later, the case was transferred fromKuakonda thana to Aranpur thanasince Revali village falls under itsjurisdiction.PostmortemOn the same day, 7 January, as perprocedure, Bheema's body was alsosent for postmortem. Dr. Karma ofthe Community Health Centre atNakulnar conducted it. Relativesand other villagers were surprisedhowever to find that no incisions hadbeen made on his body. Suspectingfoul play, they deicided to bury thebody instead of cremating it, as wastheir custom, so that it could beexhumed, if need be.The contents of the postmortem arenot known. On 19 January, thesecond day of our fact-finding, wewere keen to meet Dr. Karma buthe was not available in his office inthe hospital at Nakulnar. We weretold that he had gone to theDantewada government hospital butwe did not find him there nor at hisresidence in Dantewada.The same day, 19 January, we alsomet Additional Superintendent ofPolice (ASP), Ram Krishna Sahu.However, he was not helpful. Herefused to part with informationregarding movement of the policeforce and CRPF, of nearby policestations, on the 5 - 6 January.However, repeating the promise

made by the government on 17January, he confirmed that amagisterial enquiry had beenordered.16-17 January had been witness toa major protest rally in whichthousands had participated inoutrage at the incident and solidaritywith Budari and her family. Underthe leadership of Soni Sori, themarch started from Arbe village,close to Revali, and headed towardsDantewada.The protesters slept in the fields en-route. They had reached Kuakondawhen the police stopped them. Adialogue ensued. They placed a listof demands to the Sub-DivisionalMagistrate (SDM) and ASPincluding registration of a fresh FIR,a CBI enquiry, and adequatecompensation for Budari and thosewho were harassed by the forces.In response, the SDM promised tohand over the memorandum to theDistrict Collector and promised that"appropriate action would be takenas per norms" in ten days.Subsequently, a magisterial enquirywas ordered.3On 17 January, the government hadinvoked the infamous Section 144of the CrPC to declare the peacefulassembly as a violation of the ModelCode of Conduct, which was ineffect due to the panchayatelections. At that time itself, peoplehad asked: "How is it that restrictionsunder S. 144 only apply whenvillagers come out for a peacefulprotest, and are not applicable to thesecurity forces who conductrampages in groups of hundreds?Which model Code of Conductallows that?"Section 144 was invoked once againa few days later. On 21 January,local papers reported that the stateadministration had registered an FIRagainst Soni Sori, Arvind Gupta(AAP member), several Sarpanchs,and some leaders from the villagesfrom where the people had gatheredin the protest.4They have been charged withgathering in an unlawful assemblyand intentionally disobeying theorder of a public servant (Sections

147, 148 and 188 of the IPC). SoniSori has attempted to procure acopy of the FIR, but has been unableto so far. The government has nottaken any further action on the FIR.UpdateSince our visit, we have learned thatthe Dantewada Collector has indeedordered a magisterial inquiry into theincident, which is currently beingconducted by the Deputy Collector,Mr. T R Ajapal.However, no further steps havebeen taken by any authority to lookinto the grave allegations that arebeing made by the villagers. Nosteps have been taken to exhumethe body and recover bulletsembedded in it, or even to collectthe bullets already in the possessionof the villagers, and conduct forensictests on them to reveal the weaponsfrom which they were fired. Noauthorities have bothered to makeany inquiries from the villagers aboutthe incident.The Collector has reportedlysanctioned a compensation of Rs.5 lakhs for Budari but this is currentlyclassified as compensation awardedto the next of kin of those who havedied in Naxalite violence.Budari has decided not to acceptthis compensation under theseterms. More recently, Budari hasbeen offered a government job,which she has not accepted as yet.Conclusions andRecommendations1. This is a case where thereappears to be ample evidencepointing to the killing of an unarmedcivilian by the security forces withoutprovocation and without warning.The guidelines of the NHRC are veryclear in this regard about the filingof FIR and investigation by anindependent agency and ought to befollowed in letter and spirit.2. The obvious attempts atmanipulation of the FIR, the refusalto correct it even when the errorshave been brought to the notice ofthe police authorities, and efforts tomake compensation conditional onthe wording of the FIR, are alsohighly objectionable. They certainlydo not instill in the adivasi people of

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the area, a confidence in thefunctioning of the police andadministration. In thesecircumstances, the demand of thewife of the deceased and othervillagers for the re-registration of aproper FIR and a CBI Enquiry arenot unreasonable.3. Budari Bai should be providedwith a copy of the post mortemreport and all other necessarydocuments in regard to the killing ofher husband which are her legalright, so that she may pursue anylegal remedy as she feels fit.4. While it can be appreciated thatthe security forces function undervery difficult circumstances in thisconflict ridden area, however thefailure to take action in a case suchas this would only increase thealienation of the local people andmake the task of the security forceseven more difficult in the long run.Thus prompt and effective action

should be taken at the highest level.(Bela Somari) (Rinchin) (V.T. PrasadRao)Bela Somari (nee Bhatia) is anindependent human rights workerbased in Bastar; Rinchin is anactivist and PUCL member basedin Raigarh; and V.T. Prasad Rao isan activist and PUCL memberbased in Bhilai.------------------------------------

1 On 12 March 2015, Paike Markam (d/o Buska), Madke Markam (d/o Joga)and Mangdi Markam (d/o Bhima) fromBhimapara and, Hura Kunjam (s/oJoga) and Deva Markam (s/o Joga)from Tadpara submitted affidavits at theDantewada court detailing theharassment they experienced at thehands of the security forces on 6January 2015.

2 We are grateful to the Jagdalpur LegalAid Group for sharing the affidavitsmentioned above.

3 News regarding the incident and itsfallout was carried by local and national

media. Information about the incidentwas carried in Patrika, 12 January, 14January and The Hindu, 17 January;about people's protest in Nai Duniya,18 January, and Scroll.in, 20 January;and about the state response in Patrikaand Nai Duniya, 23 January.

4 Patrika, 21 January 2015.References:'Grameen ki sandhaispad maut', Patrika,12 January 2015'Police par hatya ka aarop', Patrika, 14January 2015.'Villagers accuse police of killing tribal' (byPavan Dahat), The Hindu, 17 January2015.'Grameeno nai kiya thane ka gherav', NaiDuniya, 18 January 2015.'Fighting for justice, a woman inDantewada refuses to cremate herhusband' (by Malini Subramaniam),Scroll.in, 20 January 2015.'Soni Sori par achar sanhita ullangan kamamla', Patrika, 21 January 2015.'Nuppo Bheema hatya ki hogidandadhikari janch', Nai Duniya, 23January 2015.'Hogi dandadhikari janch', Patrika, 23January, 2015. q

PUCL Gujarat: 27th May 2015

A Peoples Convention - Organized since there has beenDevastation in Place of Development

Then it is essential to spearhead amovement from GujaratOn completion of one year ofGujarat Government's regime, apeoples Convention was organizedby over 50 Voluntary Civil SocietyOrganizations and concernedcitizens of Gujarat, which wasnamed as "Sachchaai Gujarat ki …(Bare truth of Gujarat)". 1,000representatives came from variousdistricts of Gujarat attended theConvention. Inaugurating theConvention, senior advocate ofGujarat High Court Girishbhai Patelstated that "this being a bad and liarGovernment, senior citizens like usfeel ashamed." Biggest challengebefore the people's organization andthe civil society is that, this model ofdevelopment is contrary anddiametrically opposite to thefundamental rights and democraticvalues. This model is a challengebecause it is based on ideologypursued by the R.S.S. It is a big

question, as to how the poor peoplewill be able to get the education andhealth. To spearhead a MegaPeople's Movement, we all need toget united, so as to kick start a wide-spread movement similar to onewhich was launched in the year1975. While giving a nice anecdote,he told that in earlier times, peoplewent to watch a cinema in order toovercome their woes and came outwith a feeling of cheer and joy. Theyexperienced a feeling as if comingout from ecstasy of a dream. To-day,Modi Model has created a cinemalike dream. After a lapse of one year,people is coming out from the day-dreams. Lies have to be foughtagainst with truth alone.At the outset, Gautam Thaker(PUCL) gave a brief out-line of theConvention, where after, IndukumarJani (Editor Naya Marg) whopresided over, told that BJP regimeis there in Gujarat since 1995 andwith it, there is complete annihilation

of the 'have-nots, poor and themiddle classes, on all the fronts. Forthe first time in Gujarat, there isreduction in the number of farmersand rise in the number of farmlabourers. Grazing lands are beingfrittered away in largess. There isweakest implementation of ForestAct in Gujarat.Prof. Rohit Shukla had stated thatthe tall talks of Vibrant Gujarat is anillusion and as per saying currentlyin vogue, "Only the Fools Shall NotCome to Gujarat". When the Statehas been destined to be looted, thenwhich industrialist will not takebenefit from it? More than 12 croreaccounts, under the Jan-DhanScheme have been opened out ofwhich 70 % accounts are havingZero Balance status. During last 12years, in the CAG Reports forGujarat, severe criticisms havebeen made in the matters ofFinancial Planning andManagement. The auditors have

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stated that in the 10 % audit of CAGreport, many scams on the fronts ofEducation, Health and Womenwelfare have come to light. Whilethe lands, forests and grazinggrounds are being looted, and if wedo not raise our voice to-day thenfuture generation will not forgive us.Prof. Hemantkumar Shah told thatintellectuals of dynamic Gujarat willhave to seriously think over about 3to 4 Acts which have just beenimplemented. These include,GUJCTOC, Compulsory Voting andlaws relating to Sanitation andIrrigation Acts. An atmosphere willhave to be created to challenge anddefeat the one "who proudlyproclaims that whatever I say is thetrue development and that alone, isthe correct direction."Senior Journalist & GandhianPrakash N. Shah told that if we thinkabout the talk of rowing or oaring aboat without releasing or separatingit from the anchor then only we willhave true understanding about the

'development'. Time has becomeripe to tell the people indulging inlies, tall talks and hearsay tales tocall a halt. Addressing theConvention,Yogendra Yadav (Swaraj Abhiyan)stated that agitation will have to bespearheaded against anti-democratic, communal violenceprone, devastative instead ofdevelopmental steps initiated by thePrime Minister and its beginning willhave to be made from Gujarat.This Convention was addressed byRasikbhai Parmar (AdvivasiMahasabha), Nanajibhai Adhiyal(Banaskantha Dalit Sangathan),Karan Desai (Maldhari VikasSangathan), Mittalben Patel(Vicharati Jati Samuday), DashrathParmar (Urban Housing), Pankti Jog(Right to Information), Dr.Maherunnisa Desai (Muslims andEducation), Vipul Pandya(Predicament of UnorganizedLabourers), M. Vora (Issues facing

by Muslims) and Lalji Desai (AzadVikas Sangathan), ChandubhaiShingala (Farmers Leader), JosephPatelia (Food Security) etc. hereasfrom among invited leaders ofpolitical parties, Bharatsinh Solanki,President, Gujarat PradeshCongress Committee, SukhdevPatel from AAP, Rajkumar fromC.P.I. and Tapandas Gupta fromSUCI (C), Jayanti Panchal (NewSocialist Party) supported andendorsed the Resolution passed atthe Convention.At the conclusion of the Convention,it has been decided that during 9thto 15th August, rallies may be takenout all throughout Gujarat and toplan a mega flag-hoisting andsaluting programme on 15th August.Compeering of the entire functionwas handled by Dinesh Rabari andMeenakshi Joshi. Mahesh Pandyadelivered 'Vote of Thanks'.Gautam Thaker, General Secretary,PUCL Gujarat; Dinesh Rabari, AzadVikas Sangathan

ResolutionLet All Civil Society OrganizationsCome Forward for A CombinedMovementLooking at the recent incidents, thecountry is deeply concerned anddistressed. Under the guise of socalled "Development Model", inorder to benefit the industrialists andthe affluent, a very large section ofthe society is being victimized orsacrificed. The Irrigation Act and theAmendments in the labour lawspassed in the Gujarat State clearlyprove that the Govt. is trying to offerwater resources to the industrieseither cheaply or at free of cost andis giving free hand to exploitation oflabourers.Under the guise of unstoppabledevelopment, permissions areindiscriminately given to theindustries which devastate theenvironment. Looking to this, policyappears to be that of devastationinstead of development-oriented.The belief of "Education means thatof Gujarat" has been pushed behind

at the 18th rank. Commercializationof education has led to 'qualitativeeducation' for the rich; and 'mereliteracy' for the children of thecommon men. Main Canal of theNarmada Dam has been readysince years but due to not laying ofsub-canals of the dam, waters areultimately drained down to the seas.It is a moot question as to when thethirsty people of Gujarat will getdrinking water or for that matter,when will the agriculture get theirrigation water ! By enacting anti-people and anti-farmers laws suchas "SIR", attempts are made tosnatch away lands of the people.This is a sorry and sordid picture ofGujarat's Development.Currently, people of Gujarat,especially farmers, farm labourers,Dalits, Advasis, unorganized labourclass, cattle breeders and thedeprived groups such as fishermen,salt-workers, Muslims-Christianswhich form minority community areunhappy. There is a long list ofexcesses over the women ofGujarat and injustices suffered by

them. In such a situation, all willhave to wake up and get united.Instead of implementing the lawsrelating to Land Acquisition which isalready passed way back in 2013,attempts are being made to extendbenefits to the industrial houses bybringing in Ordinance. To sum up,by taking away, Water resources,Lands and Forests from the handsof the people, their livelihood andmeans of subsistence are beingsnatched away. Moreover, anti-farmer policies are beingimplemented which induce farmersand even the villagers to abandontheir villages and to compel them tocommit suicides.In order that such hidden politicalgame may go on unchecked andthat affluent people of the world mayget free hand here for exploitationof all and that no voice of dissentagainst it may ever be raised, lawssuch as GUJCCOT which paralyzethe democracy are being enacted.In the face of such Acts and Laws,the concerned civil societies feel asense of fear in openly protesting

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from the bottom of their heart,against cases such as "Back toHome" (Ghar Vapasi) andcommunal riots emanating fromsuch laws.Govt. has suffered severe set backsor gross failure but is unwilling toadmit it. For example, the reports of'CAG' have year after year, madepublic, number of illustrations onmismanagement on the fronts ofEducation, Health and WomenWelfare and in the areas ofprofiteering and inefficiencies.Instead of making debates withopen mind in the Legislature House,Govt. tables such reports just beforeminutes of sessions of theLegislative Assembly is about toend. Govermentization of theSahitya Academy is its recentillustration.

On the fronts of Black Money,Unemployment, Economic progressetc. Central Govt. has performedmiserably lowly. It has literallybattered to pieces, promises,assurances, hopes andexpectations given during theelection manifesto. Till now thepillars of the country such asDemocracy, Socialism andSecularism were being nurtured wellbut these very fundamental valuesare being attacked from alldirections. Because of all theseincidents and happenings, IndianSociety has felt let down andstunned. Attacks on these 'three-foldvalues', for the benefits of a fewhandful industrialists deserve to bedecried.While it has become inevitable tourge upon the ruling regime to "call

a halt", to-day's mega conventionappeals to the civic societies as awhole, to get united to tread on apath of Massive People's Movementand expresses hope that all the CivilSociety Organizations shall playimportant role in it. Anti-peoplepolicies of the Govt. must beopposed tooth and nail, in a non-violent, Gandhian way by arousingand awakening people's awarenessand in a peaceful and constitutionalway.Resolution proposed by GautamThaker(Resolution passed in a People'sConvention called "Truth of Gujarat"(Sachchaai Gujarat Ki), presidedover by Indukumar Jani, organizedby over 46 No. of VoluntaryOrganizations from all over Gujarat)25-05-2015; Ahmedabad. q

Reaching Out to the MassesPrabhakar Sinha

The post independence civilliberties/human rights movement ismore than forty five years old.Several voluntary organizationshave been active since 1970s. Manyactivists have suffered includingthose who paid with their lives. Inspite of the movement, the Stateremains undeterred in ruthlessviolation of human rights. In fact, theinfluence of the human rightsorganizations instead of increasinghas been waning in course of time.It is undisputed that but for theirresistance, the human rightssituation would have been muchworse; but that is a poor consolationand offers no reason for satisfactionor complacency. The reason for theState to so blatantly violate humanrights with impunity are many, butthe one which is of paramountimportance to us is the indifferenceof the masses. The section ofsociety which has someunderstanding of the value of humanrights is indifferent because it doesnot (though mistakenly) feel

threatened, and is also influencedby the government propaganda thatthe human rights organizations areconcerned only about the humanrights violation of the terrorists,Maoists, insurgents etc. but not theviolation of human rights of theirvictims. Though this disinformationis baseless, human rightsorganizations can never be a matchfor the formidable propagandamachine of the State to counter it.They have to find new ways ofreaching out to the people tomoblise public opinion against thebulldozing of their rights.Why did the State succeed in itssinister design to malign the rightsorganizations? One of the majorreasons has been our almostexclusive concentration on thecases of violation of extreme kindnot encountered in the day to daylife of the ordinary people. Thevictims of killing in fake encounters,in the police custody,disappearances and atrocitiescommitted under the black laws are

generally (not necessarily) personsengaged in political activities whoare not committed to use onlypeaceful means. The common mandoes not identify with them and doesnot realize that a fight for theirhuman rights is also a fight for theirrights also. If the human rightsmovement had adopted a twopronged approach andsimultaneously worked to protectthe human rights of the citizensunder the ordinary laws of the land,the isolation from the masses couldhave been avoided.As far as the PUCL is concerned,its founders(which includedmembers of the political partiesalso) were fully conscious thatmighty Indira Gandhi was thrown outof power not by the combinedstrength of the opposition ,but theformidable power of the angrymasses which had been trampledupon and humiliated during heremergency rule. The constitutionthey framed envisaged anorganization which would engagewith the masses, take up their

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causes, address the issues whichaffect their day to day life and createthe social consciousness withoutwhich civil liberties could not beprotected. Upholding and promotingcivil liberties and democratic way oflife was given the pride of place inits constitution. The constitution dulyrecognizes that there can be nodemocracy or civil liberties withoutsecuring the principle of dignity ofthe individual, the rule of law,freedom of thought, independenceof the judiciary and freedom andindependence of the press andmass media. Side by side with therepeal of repressive laws, theconstitution aims at ending ormending the ordinary laws of theland which oppresses andrepresses the masses in course oftheir day to day life. The object ofthe organization includes opposingpolice excesses, working for thereform of the 'judicial system so asto remove inordinate delays, reduceheavy expenses and eliminateinequities.' Its concern is notconfined to the atrocities committedby the State but also includes thosecommitted by the society. Itspecifically mentions combatingsocial evils which encroach on civilliberties, such as untouchability,casteism and communalism.Prima facie, it appears a tall orderand may look somewhat utopian,but not if a close look at theconstitution is taken. Aware thatsuch a Herculean task is beyond thecapacity of a civil libertiesorganization ,the PUCL was madean organization of all those(including the members of politicalparties in their personal capacity)who were committed to theprotection and promotion of civilliberties in the country It wasenvisaged that since civil libertieswere in the interest of all politicalparties and organisations barring theopponents of civil liberties, thecause would be espoused not onlyby the PUCL but all the

organizations committed to civilliberties in their own interest. Butsince the PUCL does not have anagenda other than civil liberties, itwas not envisaged that it wouldparticipate in the activities of otherorganizations whose agenda are notconfined to civil liberties only and isnot shared by all of PUCL'smembers, whose commitment isconfined only to PUCL's aims andobjects. During the early eighties ofthe last century when manyinfluential members of politicalparties remained actively associatedwith the organization, its messagehad a wider reach. Later, when theythemselves became part of theruling parties, their associationended and so did the advantage oftheir presence in the organization.But it is to their credit that while theyremained in the organization, theydid not ask for a price.The organization has been doinglaudable work and has achievementto its credit to make us proud, butnow it is imperative that whilecontinuing to take up the issues ithas been doing, it reaches out to themasses by taking up their causeswhich have been neglected so far.The issue for a national campaignshould be such as to find resonancein every heart throughout the countryfailing which an issue which findsresonance throughout the countryeven if it does not touch every heart.While urging the ExecutiveCommittee to apply its mind to thequestion, I would like to suggest thatsecuring recognition of the principleof the dignity of the individual'passes this test.Nobody, from the rich to the poor,would oppose it in principle thoughthe privileged may be averse toaccording due respect to those theydo not consider their equal. It wouldfind resonance not only throughoutthe country, but in the heart of everyperson, specially the masses whoare subjected to unjustified indignity.The issue of the dignity of the

individual is not only personal but iscausally related to the weakening ofour democracy and threat to itsfuture and fate. And finally, nohuman rights organization worth itssalt can bypass it in view of thefollowing in the Preamble of theUniversal Declaration of HumanRights:"Whereas recognition of theinherent dignity and of the equal andinalienable rights of all members ofthe human family is the foundationof freedom, justice and peace in theworld'India became independent on 15August 1947 and a Republic on 26thJanuary, 1950.The people of Indiaceased to be the subjects of theBritish empire and became citizensof a free democratic country withguaranteed right of equality and ofthe privilege of having one vote onan equal footing with the highest andthe mightiest. They were declaredmasters of the public servants andwhich ,in fact, they are because theypay indirect taxes (like all the otherswho do not pay income tax becausethey earn less than Rupees TwoLac) which fills the coffer from whichthe public servants are paid for theirlivelihood. They are the masters whoelect the government to serve themfor a certain period. All this is true inlaw but not in fact. In fact, they arereduced to the status of inferiorcitizens or second class citizenswhom everyone better placed thanthem considers it his right to treatwith contempt. They have beenmade to believe that that is their realplace and lot in the society, just asthe persons lower in the hierarchyof caste were made to believe thatthat was their station in the societyor just as the untouchables weremade to believe that they really wereuntouchables.Apart from the outrage involved inthis phenomenon, it has made ourdemocracy hollow by excluding themasses from the political process.They have been reduced to the

PUCL BULLETIN, JULY 2015 16

status of indifferent spectators of thegame of politics played by thepoliticians. Most of the issuesdebated in the legislatures areGreek and Latin to them. Barring afew issues which may appear ofrelevance to them, they areindifferent to all that is going on inthe country. When the affairs of ademocracy becomes a matter ofindifference to a majority of itscitizens, it foretells its doom.We should launch a campaign tosecure the due recognition of thedignity of every person whichcontinues to be denied to them. Theapproach of the campaign should betwo pronged: going to the massesto make them conscious of theirdignity and the respect due to themand approaching the State toeliminate /remove practicesfollowed in the government officeswhich is against the dignity of theindividual. A beginning may be made

with simple demands to which noprincipled objection may be madeor which may involve hugeexpenses. The following demandsmay be made all over the country:1. All forms of address or behaviourto a person visiting a governmentoffice which undermines equalityand denotes inequality between him/her and the public servant should bebanned and declared a punishablemisconduct.For example, 'Tum' in Hindi is usedby a superior for someone whom heconsiders inferior. Any person whois poor receives a 'Tum' even froma class IV employee in agovernment office because a poorperson is considered inferior'2. Any form of greeting denotinginequality of status between agovernment functionary and a visitorshould be replace by a form ofgreeting which denotes equality. Forexample, the use of Pranam is

hierarchically determined. Theperson inferior in status folds hishands first and utters the word'Pranam' first. Shaking hands shouldbe declared the recognized form ofgreetings (Women may be excusedif for cultural reasons if they feelaverse to do it).3. No visitor in an office should bekept standing while the governmentfunctionary is sitting down. Either thevisitor should be offered a chair orthe functionary should stand up.These and the other such measurescost neither principles nor money,but they have great potentiality torevolutionise the mindset of thepeople. The campaign may appearvery simple and mild, but has thepotentiality of Gandhi's 'NamakSatyagrah' which was laughed at thebeginning even by his devotedfollowers, but which shook thefoundation of the British Empire. q

Peoples' Union for Civil Liberties (PUCL) & Human RightsD.L. Tripathi

It was for15th March 2015 that I was invited by the District Legal Authority, Ajmer to speak on the matters PUCL has beentaking up and on Human Rights. I tried to compile in a shape of written document. While in the workshop I summed it up in17-18 minutes, the script as desired was passed on to the Secretary District Legal Authority. .

- D.L. Tripathi, Vice-President, PUCL Rajasthan

PUCL is a human rights bodyformed in India during Emergencyin 1976 by the veteran -Gandhianlate Jaiprakash Narayan who wasdetained in Chandigarh for opposingemergency in the country imposedby Smt. Indira Gandhi. Whenreleased he formed it to opposesuppression of Civil & Political rightsduring Emergency.Its foundingConference held in 1980 when itwas renamed as PUCL fromPUCLDR ( Peoples Union For CivilLiberties & Democratic Rights).Justice V.M Tarkunde served asPresident, Arun Shourie as Gen.Secy., Y.P.Chhibar as ExecutiveSecy. Rajni Kothari, Justice RajinderSachar, KG Kannabiran, ArunJaitley and many renowneddignitaries joined it and led it.FUNDING:- It does not accept any

money from any Funding Agency-Indian or Foreign. Office Bearersand Activists bear the expenses.WORK:- Supports grassrootmovements that focus on organizingand empowering the Poor ratherthan using State Initiative andviolation of human rights issues. Ithas brought to light cases of bondedlabour, Children in Prison,violenceagainst Women, plight ofundertrials. Worked for hundreds ofpeople detained in Pakistan/Indiaaccused of espionage-trivial crime-minor trespassing. World wideknown case is of release of Dr.Vinayak Sen charged for sedition onalleged links with Maoists-sentenced to life imprisonment, laterreleased by SC.Raise awareness on Civil libertiesand human rights among public.

Campaigned against draconianlaws such as TADA/ POTA/NSA/AFSA. Initiated and Contributed alot for new Prison Act/Jail Manualand help to under trials. PreparedReports on Human Rights violationssuch as in J & K, On communal riotsin Aligarh and elsewhere.Other works--- Relief through SC :-PIL in SC on starvation deaths- PILin SC since 2001--- Many importantorders affecting and helping the poorpassed by SC-such as Keeping instock at Block hd. Qrs. 35 kg. ofwheat to save the lives of deprivedand dying of hunger, Right to FoodAct comes in this context. In 2004Petitioned SC for providing Mid Daymeals to children of Primary Schoollevel -It directed all governments inthe country to do it -with no shortage

PUCL BULLETIN, JULY 2015 17

of funds plea accepted.Anganwadi Workers:- In PUCL Vs.Union of India-Order dated13.12.2006 mandated the increaseof these Centres to 14 lakhs byDecember,2008 from existing 10.53lakhs, and to make them operationalby providing manpower etc.Judgment Date 9.07.2007.Fake Encounters in Imphal-Judgment on 5.02.97 by SC.PUCL Vs. Union of India-13.03.2003-Right to information ofVoter to know the Antecedents of acandidate-such as Qfn., CriminalCases involvement and Propertydetails. Govt. made amendments inRP act 1951 invalidating judicialdecisions-so far in the matter ofconvictions and not offencescognizance of which have beentaken by Courts. Section 33 Bamended saying no information asper Court decisions but only as perAct/Rules-HELD __ Legislation hasno power to ask instrumentalities ofState to disobey or disregarddecisions ofCourts.. the amendmentquashed and held illegal.The judgment in ADR & PUCL Vs.Union of India says:- " Right to knowthe background of a candidate is afundamental right of a VOTER sothat he can take rational decision ofexpressing himself while exercisinghis statutory right to vote."First time Nominations according tothis historic decision from 2004.PUCL Vs. Union of India-Judgmentdated -27.09.2013-NOTA-None ofthe above. This right is available atleast in 12 countries.The important issues are:-(i). Human Rights violations underordinary laws.(ii). Under Draconian Laws(iii). Communalism-Communalviolence and State Response.(iv). Human Rights of marginalizedcommunities-Dalits, Tribals,Women, Sexual Minorities andothers.(v). Development process, Ecology& Human Rights---Large scaledisplacement/ fair compensation

and rehabilitation etc.AT District/State level Activities:-State level AntiSati Movement led topassing of the Act in 1987.Human Rights Education;- Ouractive participatory role has helpedopening of the subject in manySchools and in Colleges. Our Effortis to see that it is started ingovernment Schools right at thestart. That would help mitigatinguntouchability, mutual hatred andwould prove to be a great steptowards a homogenous,harmonious fraternal societystopping communal riots.When Trishul were being distributedand Communal hatred was beingspread- We organized a mostimpressive programme ofdistributing flowers to citizens andgave a message of peace, harmonyand brotherhood. April 12,2003 atAjmer.Organised a Sadbhavna Yatra after2002 Communal riots/massacre inGujrat for communal harmonywherein a large number of peoplefrom all shades and religionsparticipated…which wasinstrumental in neutralizing thecommunal hatred atmosphereagainst the minorities.Convention on Torture by Police (July 2008 at Ajmer -I was one of JuryPanel)--- Experience showed thatonly the deprived vulnerablesections of the society were thevictims. They continue to be thesame without any change in theattitude of Police. The 2006 SCverdict asking States to replacePolice Law by new ones assertingthat the Police must be peoplefriendly, but no government of anystate could claim to be in line.We consistently campaign againstchild marriage, Mrityu Bhoj,education of girls, child labour-Forthese we go to villages with otherorganizations and create awarenessof the rights and about welfareschemes of the government forchildren, youth, women, Seniorcitizens. Domestic violence is the

order of the society, mostly in ruralareas after taking liquor-we take uptheir cases and help them. PUCL,SASWIKA, MAHILA SALAH AVAMSURAKSHA KENDRA and DistrictLegal Services Authority can becontacted for help.Every week as per the order of theDG Jails we visit Central Jail Ajmerand meet those prisoners who areunder trials and also those who havebeen languishing there for manyyears- interview them understandthere problem relating to Parole/Bail/Release from Jail etc. and help themwithout any charge.The Vidhik Sahayata Pradhikaran atAjmer has been doing tremendouswork to provide relief to the victims.Their work has been recognized atnational level and they deserve alllaurels and congratulations. Theyare doing inspiring work to beemulated.SEMINARS:- we have organizedSeminars to create more awarenessin the people of their rights andduties as well on umpteenoccasions. Late Justice J.S. Vermaand Prashant Bhushan on impact ofRTI on Corruption, Justice G .S.Singhvi ( As SC Judge ) and JusticeRastogi of Raj. HC on Judicialreforms, Aruna Roy and Sri WajahatHabibullah the then ChiefInformation Commissioner (Central) on Transparency andAccountability through RTI Act arethe main high lights amongst aseries of such Seminars we havebeen organizing-sometimes at ourown and sometimes in collaborationwith Citizens' Council Ajmer.Common Issues:- The bad Smell inAnasagar was taken up with NHRC,The Pollution matter of Bhattas inAnasagar lake to the EnvironmentDepartment, Divider on Capt. DPChaudhari Road, For stoppage ofdismantling of Kachi Bastipopulation homes, Reports toNHRC on the genuineness of thedecisions of Admn. To imposeCurfew for a weeks time duringsmall riot converted into a

PUCL BULLETIN, JULY 2015 18

communal riot in 1998 not only atAjmer but also at Nasirabad,Beawar and Kishan Garh. As aresult some compensation tovictims granted. NHRC Team visitedAjmer at our instance.A vigorous campaign to createawareness for Right to InformationAct in the people was carried by uson number of occasions. RTI helpedus in getting information on cityTraffic problems, Parking,Conservation of Anasagar lake,JNNURM Projects and number ofsuch issues and a large number ofindividual issues in day today life.Human RightsHuman Rights are an ancient anduniversal phenomenon as old ashumanity, not borrowed one. Theexpression human rights as a termhas come to be known since WorldWar II and the founding of UNO in1945.The source of human rights isattributed to HUMANISM a systemof views based on respect for dignityof man, concern for his welfare, hisall round development and thecreation of favourable conditions forsocial life.Globalisation with human face:-"The real wealth of a nation is itspeople and the purpose ofdevelopment is to create anenabling environment for people toenjoy long, healthy and creativelives. This simple but powerful truthis too often forgotten in the pursuitof material and financial wealth."These are the opening lines of theFIRST Human Development Reportpublished in 1990.Einstein said, " The existence andvalidity of human rights are notwritten in the Stars …. Those idealsand convictions which resulted fromhistorical experience from thecraving for beauty and harmony-have been readily accepted in theoryby men ---and at all times have beentrampled upon by the people underthe pressures of theiranimalinstincts."However in the present context it iswidely known that it was in the backdrop of unprecedented destruction

and disasters perpetrated by menagainst men in world war II that UNwas established in 1945 forpromotion of international peaceand prosperity. The proclaimation ofUN-Declaration on Human Rightstook place on December 10,1948.Our Constitution -its Preamble,Fundamental Rights and directiveprinciples of State Policy-elaboratelyprovide the basic human rights forIndian People. The Preamble says:-We the People of India havesolemnly resolved to constitute Indiainto a sovereign Socialist, Secular,Democratic Republic and to secureto all its citizens_ --" Justice- Social, Economic, &Political;Liberty- of thought, expression,belief , faith and worship;Equality- of status and opportunityand to promote among them all;Fraternity-assuring the dignity of theindividual and the unity & integrityof the nation.Fundamental rights:

Art.14-18-----Equality19-22------Right to freedom ofspeech etc.36-51 Directive principles ofState Policy. Art. 37- Frame lawto meet these provisions.

Mahatma Gandhi said, " I feel myselfrelated to every other individual inthis world and realize that I cannotbe happy until smallest of them ishappy."A considerable number of Indiansare below the human rights line.Women, Children, SCs/STs andTribals, Ethnic, Religious andlinguistic minorities groups andindigent people are out of boundsnotwithstanding the constitutionalEquality.SC's role is praise worthy inexpanding the ambit of Art. 21 of theConstitution of India on HumanRights to include__ --Human dignity,Right to speedy trial, right to freelegal Aid, rights of prisoners to betreated with dignity and humanity,Right to bail,Right to compensationfor custodial deaths, right to know,right to livelihood,right to protection

of health & medical care, right toprotection of children, equal pay forequal work----On hand cuffing---Police or Jailauthority have no power to handcuffany accused.Women - Rape physical torture-common everywhere.Bride burning-Dowry andharassmentArt. 39 A - The State shall ensurethat the operation of legal Systempromotes justice on a basis of equalopportunity and shall in particularprovide FREE LEGAL AID to thesame.Weaker Sections:- Legal ServicesAuthority Act -1987 is meant -" ForFree and complete service to theweaker sections of society.Cicero Stated_ " In the midst of Armslaw stands mute."Judicial Activism is no permanentsolution to any problem, but atemporary relief. It is a moving spiritwhich makes the judges moreconscious and concerned about theunusual things taking place aroundthem.The COURT of ATHENS didinjustice to Socraties when he wastried and condemned to death in 299BC.

The COURT OF JERUSALEMfailed to do justice with JesusChristThe Court of France could notdo justice with Joa of Arc andshe was burnt alive in 1431.

In order to ensure protection ofhuman rights we created so manyForums- say National HUMANRIGHTS COMMN, State HumanRights Comns, SC/ST Comn./SafaiKarmchari Comn.,Women Comn.and so on and so forth but the endresult is that perpetuity of humanrights violations continue.COURTS Duty:- Looking at theilliteracy and poverty prevailing in ourcountry there has to beextraordinary measures to createawareness in the people. In casesof violation of rights every onecannot approach the Courts. TheLegal Aid Authority is there but

PUCL BULLETIN, JULY 2015 19

generally the victim is discouragedfrom approaching them. The IndianConstitution really enables theIndian Courts to accord duerecognition to Human Rights.Fostering respect for Internationallaw is an obligation of the Stateunder Article 51 of the Constitution.Therefore, it has become the dutyof the Courts of the Land to take dueNotice wherever there is graveviolation of human rights by the Stateor by any authority under the Stateor an individual.In the COURT at Apex level the Feecharged by Advocates was ( Aspublished in India Today of17.04.2013:-Harish Salve 25-lakh for full day,Ram Jethmalani-5 Lakh perappearance, Mukul Rohatgi 25 lakhfor a day, Majid Memon 10 lakh a

day , Satish Maneshinde 10 lakhs aday and Abhishekh Manu Singhvi-25 lakh per day…In the situation justice is beyondreachof the people in general.The way ahead has to be Educationof Human Rights from grass rootlevel-with the concept what I expectfrom others I should not falter forthat.

A N DA vigorous campaign on humanrights through Seminars, School/College level debates, EssayCompetitions, workshops,symposiums etc.YES we have advanced but Crimehas not decreased- particularlyagainst women despite passing ofCriminal law Amendment Act 2013after Nirbhaya incident ofDelhi,Protection of Children from

Reckoning of Modi's First Year - ?Rajindar Sachar

Every new central Government inIndia is judged after a semi honeymoon period of one year by thepublic and the press. Partisan Criticsnormally pose questions on theirown so as to deliberately embarrassthe governments, because it ispossible that government on its ownmay never have claimed success onthose counts. So let us be extra fairto Modi Government - Judge it onlyby what it on its own claims itsprinciples and politics.As per press reports Modi recentlywarned B.J.P. members fromspreading communal hatred,acknowledging that provocativecomments made by some of hisparty colleagues were totallyuncalled for and declaring thatconstitutional guarantees ofreligious freedom and nondiscrimination were non-negotiable.As a theoretical proposition, no onecan disagree. This is consistent withaccepted wisdom, namely "that inany country the faith and theconfidence of the minorities in the

impartial and even functioning of theState is the acid test of being acivilized State". But how different isthe ground reality.This principle was grossly breachedby a Muslim Minister of ModiGovernment when justifying BeefBan on TV and he felt bold enoughto make an atrocious statementadvising Muslims to go to Pakistanif they wished to eat Beef. Thisshould have resulted in summarydismissal, but one has not even readpublic rebuke of him by Modi. Notonly that, but BJP seems to justifythis policy by putting the farce ofexcuse that since large number ofpopulation (meaning Hindus) areagainst it, banning is justified. Buton this curious reasoning, as at least14 crores Muslims are in India (apopulation exceeding almost everycountry of Europe), why not thenban Pork/Ham. Eating habits ofpopulation of various religions cannot be a matter of governmentpolicies, unless of course the realpurpose is to hit at the economy of

these communities who may beliving by that business.Personal safety, equal treatment byState is another test by whichminorities would judge Modi. Recenthappenings in village Atali(Ballabhgarh, Haryana) A team ofSocialist Party (India) and PUCLrecent visit to Atali Village disclosedthe partisan and communal face ofHaryana B.J.P. Government. It wason 25th may, 2015 that a mob ofHindus attacked Muslim Housesand destroyed a part of mosquewhich was being built by Muslims onadmittedly wakf land. Muslims inpanic had to flee from the village andtake refuge in Ballabhgarh PoliceStation and could only return on 3rdJune, 2015. There is still panic andstate of uncertainly. But HaryanasB.J.P. Chief Minister has notdeemed it necessary to visit thevillage and assure Muslims thatjustice will be done to them. Ratherhis callousness in the matter isfrightening. The Chief Minister wenton official tour to Faridabad on 7th

Sexual Offences Act-2012,Protection of women from DomesticViolence Act 2005,Inserting 498 Ain IPC,Sexual Harassment ofwomen at workplace ( Prevention,Prohibition & Redressal) Act 2013and with so many National and Statelevel Commissions to provide reliefto them.After 2006Sc historical judgment onPolice Role so many State PoliceActs were enacted in 2007-08pinpointing that Police should bepeople friendly but the Attituderemains unaltered.There remains much to beundertaken with a mission to createa most civilized society where allcitizens have an enablingenvironment to have long , healthyand creative lives with peace andsecurity and with all dignity.15.03.2015 q

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PEOPLE'S UNION FORCIVIL LIBERTIES

Founder : Jaya Prakash NarayanPresident : Prabhakar SinhaGeneral Secretary : V. SureshTreasurer : Surendra KumarVice Presidents : Binayak Sen;P.B. D’Sa, Ravi Kiran Jain;Sanjay Parikh, Vinay Kumar Kanth,V. SaraswathiSecretaries: Chittaranjan Singh;Dinanath Pente, Kavita Srivastava,Sudha Bhardwaj, V. LakshminarayanOrganising Secretaries: Nishat Hussein,Ramashray Prasad Singh, Rohit Prajapati

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PUCL BULLETIN

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June, 2015, a distance of about 15- 20 K. Meter from the village whichis in news throughout India for thelast 3 weeks. But such is hisshameful indifferent conduct that hedoes not consider it necessary tovisit village Atali and give (leaveapart solid concrete assurance ofpolice protection and compensationfor damage done to Muslimproperties), but just even someconsoling words to Minorities. Butthen I am told Chief MinisterHaryana's eligibility was not hispolitical abilities and work but hisexclusive RSS work over the lasttwo decades - it seems his antiMuslim bias - a trade feature of RSStraining continues to still guide himin his duties as a Chief Minister. Inthat context is it any surprise if claimof Modi's concern for the Minoritiesis treated only an empty verbosity.In that context, would not Modiconsider in the interest of his owncredibility to publically admonish andremind C.M. Haryana of theobligations and principle of RajDharma, so expounded by HinduShashtras.B.J.P. leader Amit Shah who is reallyrunning the party is a deep quietconspiratorial personality. He veryinnocently seeks to avoid enteringinto arguments on building RamTemple and abrogation of Article 370of the constitution by pleading thatB.J.P. has not been given thismandate on these issues. And yetsurprisingly lesser B.J.P. minionsindulge in provocative slogan ofcompleting the project of "RamMandir" and Abrogation of Article370 of the constitution. Modi keepsconspiratorially silent. That is whywhen Modi stresses that his soleagenda is development for all it doesnot cut ice with the minorities, apartfrom the fact that in reality Modisdevelopment programme iscorporate friendly and anti labour.Modis visit to Israel is being

projected as a big visit, butsurprisingly he is not combining itwith visit to Palestine. In my view thisdecision apart from reflecting antiMuslim bias is bad for the reasonthat Israel is by overwhelmingmajority of U.N. members and evenby U.S.A. government (Modis closeally President Obama) beingcriticized for over decades for notvacating its illegal occupation ofPalestine territory which isrecognized as an independentnation by U.N. This is also a breachof India's own consistent policy rightfrom the beginning which has beendemanding vacation of Palestineterritory. Is it any surprise that ifMuslims in India (and for that matteroverwhelming Hindus even) wouldconsider such a limited visit as ananti Muslim bias of ModiGovernment.Modi is making all efforts to assureArmy that he is committed to oneRank One Pension in Army, like thecivilians already enjoy it. So what isholding him back. The jugglery ofcivilian bureaucrats that it will meanan additional expense of Rs. 8000crores - but then let the civilianbureaucrats also tell us what is thecost in equal past pension alreadybeing enjoyed by civilian since 1986.And pray, let Modi find out what reliefis being given in MinimumAlternative Tax already due fromCorporate Sector, mostly foreign(which at the minimum is said to beRs. 30,000 crors). Any wonder, if thisunsympathetic approach by ModiGovernment has made the armyranks uneasy and beingdiscriminated. I hope Modi realizesthe consequences of delayingjustice to the army and panderingto civilians and corporate sector.I am sorry, the review above iscertainly not complimentary toModi's claimed impartialgovernance. q