Fundamental Rights

Indian diaspora demand withdrawal of all charges against 18 activists over CAA   protests   https://www.deccanherald.com/international/indian-diaspora-demand-withdrawal-of-all-charges-against-18-activists-over-caa-protests-1074947.html  Jan 26 2022

The wide-ranging global actors said they believe the ‘Delhi 18’ are being targeted as reprisal for their democratic dissent

In a statement coinciding with the Republic Day, the wide-ranging global actors said they "believe the ‘Delhi 18’ are being targeted as reprisal for their democratic dissent against the Citizenship Amendment Act 2019." It further said that their demand is the immediate and unconditional withdrawal of all charges, including Unlawful Activities (Prevention) Act (UAPA), against the Delhi 18 - a reference to 18 students and activists.

Post by Ram Punyani: Song by #freedelhi18

Prime Time With Ravish Kumar: प्रदर्शनों को कुचलने की दुनिया भर में तैयारी  https://www.youtube.com/watch?v=fnhsmB6sQxw Oct 21, 2021

Prime Time With Ravish Kumar: किसान आंदोलन -Court में सुनवाई, सरकार कहां गई? https://www.youtube.com/watch?v=iWNqORVfRmk  Oct 20, 2021 :

Google translate of https://ndtv.in/blogs/farmers-protest-hearing-in-court-where-is-the-government-2582330 : जिस देश में आजादी की लड़ाई का आंदोलन 1857 से 1947 तक अलग-अलग रूप में चला हो, उस देश के सुप्रीम कोर्ट में शाहीन बाग धरने के बाद किसानों के धरने को लेकर चल रही बहस में अजीब-अजीब किस्म के सवाल उठ रहे हैं, कि आंदोलन कब तक चलेगा? क्यों चल रहा है?  In this country, the movement of freedom struggle has run in different forms from 1857 to 1947, after the Shaheen Bagh strike in the Supreme Court of that country, strange questions are being raised in the ongoing debate about the farmers' dharna that when the movement Why is it going on, the roads cannot be closed for eternity. Look at the history of the freedom struggle and all the subsequent picketing demonstrations, with them the names of the plains, which used to be in the center of the city, became immortal. Now the work of removing the demonstration grounds from the eyes of the government and the public has been completed. The process of seeking permission before the demonstration has also become complicated and sometimes permission is not even given. For the last two years, there is a debate in the Supreme Court regarding the right, place and time to protest. Only citizens and lawyers have taken this issue to the court. Every time the court has recognized the right to protest, but the signals coming from the comments that are coming during this time cannot be ignored.

The International Covenant on Civil and Political Rights (ICCPR)

India ratified the ICCPR on April 10, 1979.

The relevant articles of the ICCPR enumerating these protections are:

Article 19

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others;

(b) For the protection of national security or of public order, or of public health or morals.

Article 21

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.

Legal Restrictions Used to Suppress Opposition to the Dabhol Power Project https://www.hrw.org/reports/1999/enron/enron4-0.htm

The state government has invoked several laws to restrict peaceful expression and assembly in Ratnagiri and surrounding districts. These include provisions under the Bombay Police Act, the Code of Criminal Procedure, and the Indian Penal Code.

The application of these laws against peaceful opponents of the Dabhol Power project represents a systematic effort on the part of the Maharashtra government to suppress freedom of expression and peaceful assembly in violation of international standards enshrined in the International Covenant on Civil and Political Rights (ICCPR)

The methods used to implement the laws, in turn, violate international norms governing the conduct of law enforcement officers, most notably prohibitions against torture enshrined under the ICCPR and the United Nations Code of Conduct for Law Enforcement Officials.

25 anti-CAA protesters could face externment for future demonstrations https://mumbaimirror.indiatimes.com/mumbai/cover-story/25-anti-caa-protesters-could-face-externment-for-future-demonstrations/articleshow/78799112.cms  Oct 22, 2020,

Three police stations—MRA Marg, Colaba and Tardeo— have issued show-cause notices to at least 25 people, directing them to sign a bond for two years and furnish sureties ranging from Rs 1 lakh-50 lakh for participating in protests earlier this year against the Citizenship Amendment Act and the attacks on JNU students. As per the terms of the bond, any act that threatens law and order—read future protests—would result in confiscation of the surety and could also lead to externment from Mumbai.

The notices have been issued under sections 107 (security for keeping the peace) and 110 (security for good behaviour from habitual offenders) of the Criminal Procedure Code as part of chapter proceedings. Such proceedings are preventive actions taken by the police if they fear that a person could create trouble and disrupt peace.

In Mumbai, the Fundamental Right to Show Dissent Has Been Violated for 30 Years
Successive and overlapping Section 144 orders since 1993 have put paid to Mumbaikars' ability to protest where and when they want to.

DCP Ashok tells The Wire that the primary reason that such orders are imposed is because of the prevailing “threat perception in the city.” since Mumbai city is constantly under threat, the imposition of such orders become mandatory.

In the past six months, the police department, along with orders prohibiting people’s assembly, has also issued orders on house owners letting out flats, use of loudspeakers, bursting of crackers, flying lanterns, among other things. And all this is issued in the name of peace, public safety and tranquillity.

senior human rights lawyer Mihir Desai “When people take to the street, they are there for a reason. They are out in public demanding something or protesting against something that impacts their life. Protesting is the essence of democracy. But in Mumbai, one can’t do that. At best, the police allow people to gather at Azad Maidan, that too after going through a complicated procedure,” Desai says.

“Imagine if a group of Asha workers are protesting against the state government’s decision of not raising their wages and instead of protesting outside Mantralaya, they are forced to stay in a small demarcated space in a field. No one cares for their issues and this way the state is also marring their efforts to make themselves heard,” Desai says.

DYFI Maharashtra state secretary Sathi Preeti Shekhar was arrested yesterday evening at 4.30 from her house by Azad Maidan police in connection with the old protest case from 2013 and has been kept in the Azad Maidan police station. Today around 3 she will be presented in the session court; therefore, she spent the entire night in lockup.

We certainly respect the court’s decision, but if they really wanted to arrest her, they could have done it this morning by visiting her house. This shows that police and government didn’t want to do this. Had they done this, comrade Preeti would have been bailed out in the afternoon itself.

In 2013, DYFI and SFI had arranged a massive protest against the ministry to fight for education and employment rights. In a state like Maharashtra that has a great legacy of progressive movements, is it a crime to build a protest to fight for the education and employment rights of Bahujan students?

It is absolutely shameful to know that the department of home affairs, which is under the pretentious progressive MVA government, uses the police department to arrest revolutionary protestors like comrade Preethi Shekhar repeatedly to mute the voices of protestors. The steps followed by them are similar to Modi and Shah. All these things like arresting and silencing protestors are currently happening in Maharashtra. .. DYFI warn you that we will intensify the protest to fight for students’ education and employment rights from the poor, labourers, workers, farmers, Dalit, Adivasi and Bahujan communities of this state and country. 

 https://www.indiejournal.in/article/dyfi-preethy-sekhar-arrested-for-2013-protest 

Sexual Assault on Women Protestors: Statement of Condemnation

On 10 October 2021, two women students Shreya Kapoor Banerjee and Neha Tiwari were subjected to brutal sexual assault by Delhi Police personnel as a way to show them their 'place' because they were part of a protest outside Home Minister Amit Shah's house demanding removal of Ajay Mishra Teni, accused as co-conspirator in Lakhimpur Kheri Massacre of farmers, from his post as a Union Minister and deputy of Amit Shah. ...

Women personnel of the Delhi Police lifted the clothes off one of the woman protester. They kicked another protester in her vagina while dragging her through road. After they were pushed inside the police bus for detention, and thus were already in custody, the police brutally and repeatedly kicked one of them in her private parts, telling them “We will show you your place.” Two other women protesters were also physically attacked while being in custody of police. This sexual assault was compounded by the fact that it was performed in front of male Delhi Police personnel who stood watching as voyeurs.

It is clear to us that these were not isolated acts committed by some rogue Delhi Police personnel. The manner in which the violence was meted out identically to both women, shows that the women personnel have received training and instructions to treat women protestors in this fashion “to show them their place.”
Women all over India reject this “place” of humiliation and sexual assault by the boots of power.