'Final Hearing' of Salwa Judum matter begins - an update

'Final hearing' of the salwa judum matter started on 11 October 2018 - or perhaps I should more accurately say first hearing under this bench. This is the first time the new set of judges we have had since 2015 have actually had the matter explained. There has never been time earlier; and CG counsel/UOI lawyers have always heckled and interrupted. Its only because it was listed as final hearing that our counsel got time to speak uninterrupted.

At the beginning, the State of CG and UOI tried to get it adjourned as usual - they want the current judge to retire so matter has to be heard all over again and goes into cold storage. They argued that elections precluded court hearings. Fortunately the judges proceeded, but alas, the next date is only November 27...and Justice Lokur retires in December. The bench consists of Justice Madan Lokur and Justice Deepak Gupta. 

Advocate Nitya Ramakrishnan argued for 3.5 hours -brilliantly laying out the horror of what has been happening over the last decade and the complete impunity. First she started by reading the 2011 judgment, then showing how the same SPOs had been absorbed lock stock and barrel into the auxiliary forces with effect from the date of the order saying they should be disbanded and disarmed, then she showed how these very same people had attacked the CBI a year later in 2012. Then she shifted attention to the huge scale of violations since 2005; and read from the NCPCR report prepared by Shanta Sinha, JM Lyngdoh and MV, and the horrible tale of abuse it told; read from the NHRC report, and emphasised again and again that in the face of this huge scale of violations the state had filed only 8 FIRs, 7 of which have been closed. She had prepared a compilation of 7 volumes through which she was taking the judges. (The state had not bothered to file its compilation despite directions saying they should file a week in advance). The Judges asked good questions.

To think that so many deaths, rapes and arson have occurred; there have been over 60 hearings/100 listings of this matter... and no compensation, no prosecution. This is what IMPUNITY looks like.

People are often surprised that this case is still on - because they think it finished with our 2011 judgement banning Salwa Judum and the use of SPOs in counterinsurgency. But after that we filed contempt... and also continued to push on other aspects which were not covered by the 2011 judgement - such as a monitoring committee without which all the directions to file FIRs and compensate people are meaningless, because the CG government never implements the Court's directions.

India’s Higher Education Troubles

When the Times Higher Education World University Rankings, which rates about 1,000 global institutions, was released in May, not even one Indian institute featured in the overall Top 100, though The Indian Institute of Science made it in the reputational rankings after seven years.  

India’s poor ranking in global indexes of higher education reinforced a growing sense of crisis, became a matter of national shame and is increasingly being used to drive policy and funding decisions by the federal government.

The Unwanted Makeover of India’s Higher Education

The destruction of Nalanda University in 1193 is something that the Hindutva Right likes to talk about. But an equally consequential destruction of India’s university system is now underway. First, the government announced a new Higher Education Commission of India (HECI) to replace the University Grants Commission (UGC) in existence since 1956. This was followed by the unveiling of six ‘Institutes of Eminence’, including the non-existent Jio Institute promoted by Mukesh Ambani. Combined, they form part of the shock and awe tactics by which the annihilation of Indian higher education is taking place.

Why are so many urban Maoists surfacing?

An ongoing exhibition in Berlin on the Nazi “People’s Court” (1934- 1945) to try ‘enemies of the state’, looks eerily familiar from an Indian perspective; not because our existing judicial system has been replaced (at least as of yet), but because of the nature of the charges. A mineworker who distributed communist leaflets to policemen in his area, a banker who made jokes about prominent Nazis, a sound technician who distributed satirical poems about Hitler and a real estate agent who sent postcards calling Hitler names – were all sentenced to death, accused of “high treason”, “destroying the loyalty of a national authority essential for the war effort” (in this case the post office where the undelivered postcards were found), and “aiding the enemy”. In one case involving a 22-year-old Swiss missionary, who was initially arrested only for ticketless travel and then under interrogation confessed to his plan to kill Hitler because he was ‘the enemy of Christianity and of humankind”, the grounds for the death sentence were that: “The defendant had resolved to deprive the German nation of its savior, the man for whom the hearts of 80 million Germans beat with infinite love, reverence and gratitude, and who need his strength and firm leadership now more than ever.”

नज़रिया: शहरी नक्सलियों का हौव्वा क्यों खड़ा हो रहा है

बर्लिन में इस वक़्त नाज़ी हुकूमत के दौर की जनता की अदालतों (1934-1945) पर एक प्रदर्शनी चल रही है. इन 'पीपुल्स कोर्ट' में उन लोगों पर मुक़दमा चलाया जाता था, जो 'देश के दुश्मन' माने जाते थे.

भारतीय नज़रिए से देखें, तो ये जानी-पहचानी सी लगती है. इसलिए नहीं कि हमारी मौजूदा न्यायिक व्यवस्था की जगह नई व्यवस्था ने ले ली है (अब तक तो ऐसा नहीं हुआ है), बल्कि जिस तरह के आरोप उस वक़्त जर्मनी की इन अदालतों में देश के दुश्मन करार दिए गए लोगों पर लगाए गए थे, उस वजह से ये नुमाइश जानी-पहचानी सी लगती है.

एक खदानकर्मी जिसने अपने इलाक़े के पुलिसवालों को कम्युनिस्ट विचारधारा के पर्चे बांटे थे. एक बैंक कर्मचारी, जिसने नाज़ी हुकूमत के बड़े ओहदों पर बैठे लोगों का मज़ाक़ उड़ाया था. एक साउंड टेक्नीशियन जिसने हिटलर पर तंज़ कसने वाली नज़्मों को लोगों के बीच बांटा था. और एक प्रॉपर्टी डीलर जिसने हिटलर को गालियां देने वाले ख़त भेजे थे.

Boycott the Ministers and Officials Attacking Academic Freedom

As an India-based scholar, as someone who is not a member of the Association for Asian Studies (AAS), which is primarily located in the US though it has 7000 members worldwide, and someone who had no plans of attending the AAS-in-Asia conference in Delhi (July 4-8, 2018), the boycott call against the AAS-in-Asia is not something that would ordinarily bother me.

The boycott call arose out of the Government of India’s refusal to allow Pakistani scholars to attend the AAS meeting; and the AAS’s failure to take a strong public stand against this and inform its members in a timely fashion so that they could make their own choices about whether to attend while Pakistani scholars were being denied. 649 scholars protested against what appeared to be the AAS’s and the local host, Ashoka University’s quiescence in an unacceptable restriction on academic freedom. I was one of them, even though my primary anger was with the Government of India, and not with the AAS. However, feeling that this was not enough, over 200 of the signatories have also decided to boycott the conference, arguing that the AAS should have had the courage to cancel the conference altogether rather than submit to the ban.

Pathalgadi is Nothing But Constitutional Messianism So Why is the BJP Afraid Of It?

Across the country, the engagement of citizens with the Constitution appears to be in direct proportion to the administration’s abandonment of it. That is why the government is trying to criminalise the belief that it will deliver anything more than it is doing already.

(Jharkhand): On the freshly tarred road from Ranchi to Ulihatu, where Birsa Munda lived and which is now a prominent CRPF camp, several villages sport newly painted green stone slabs at the entrance, covered with constitutional provisions carved in white lettering. Protected by bamboo enclosures, these stones – symbols of the Pathalgadi movement – are anywhere between 8 and 15 feet high. In the past year and a half, this movement has spread rapidly across Jharkhand and the continguous areas of Chhattisgarh and Odisha. And the state governments concerned are not pleased.

The preamble to the Indian constitution asserts that “We The People of India.. Adopt, Enact and Give to Ourselves This Constitution.” If the people gave rise to the constitution, it stands to reason that they also gave themselves the right to interpret, analyse and propagate its contents in any form they want to so long as this is done peacefully.

Nothing stops citizens from asserting their fundamental rights by way of speeches or written pamphlets, or in stone pillars outside our homes. There are thousands of statues across the country of Ambedkar holding the constitution which serve not just as a reminder of his role in drafting it, but as a symbolic assertion of the document itself – that it is meaningful in people’s lives and it is they who give meaning to it.

Yet the Pathalgadi movement’s deep engagement with the constitution has state governments panicked, perhaps because it raises questions that they are finding hard to answer.