Freedom
EXCLUSIVE: Bulk FIRs targets Assamese Indians through Passport Act cases, new assault on Citizenship rights: Assam
A bulk FIR naming 250 locals in Assam’s Chirang district, many of whom had been falsely accused and declared Indians by Foreigners Tribunals earlier, warn of a fresh form of assault by the state on marginalised sections
Image courtesy: The Quint
Panic reigns in many sections of the population in Assam’s Chirang district as a fresh bulk FIR, with the potential of arming the police with arrest warrants against innocents names 250 persons guilty of being non-Indian, this time through violations alleged under the Passport Act of 1920 (with its Rules, 1950) and the Foreigners Act, 1946. Many of the 250 persons named have earlier been cleared of a previous allegation of being “foreigner” by a tribunal, or released from a detention camp, or are already facing another case before an FT under different charges.
This fresh assault by the state of Assam on large sections of the marginalized population in Chirang district is in the form of an FIR registered against 250 persons under under section 3 of the Passport Act 1920, read with (R/W ) Rule 6 of the Passport Rules,1950, R/W Sec 14 A (b) of the Foreigners Act 1946 R/W section 3 (c), (d) and (g) of Foreigners Act 1946). News of the FIR was received by CJP’s Team in Assam about a week ago after which hectic consultations began. This case has been filed in the name of about 250 people in this district.
Our inquiries have found that many of those named in this FIR had been earlier already released from detention camp, some of them had been “declared Indian” after an arduous legal process by a Foreigners Tribunal (FT). For some others in the FIR, their case before an FT is ongoing and pending even as they were served a fresh salvo in the form of a notice under the Passport Act by a local court. For a few, their ongoing citizenship cases are pending in the Gauhati High Court.
Team CJP first came to know about this through a victim's family. Within a few days, we discovered that as many as 250 people have now been singled out by the state under the Passport Act in Assam's Chirang District. The first notice in the district was sent to a woman namely Sandhya Rani Sarkar. Sandhya Rani, as soon as she received this notice went in panic to a lawyer where reportedly, she was asked for an astronomical Rs 2 lakh to resolve the case. Daunted by this, her son approached Team CJP and discussed the case. Her son said, "I have known of CJP and it helps people with different issues of Citizenship issues including D voter FT notice etc.” He added, "I even accompanied team CJP when some people were released from detention camps." However, he continued "But when this type of notice came from court, I didn’t understand what it was, so I went to another lawyer with it, and when I saw that it was a lot of money, I got scared!"
It may be noted that Sandhya Rani faces earlier proceedings too in which her citizenship has been doubted: an FT notice was issued earlier in the name of Sandhya Rani Sarkar, she obtained bail and now her case is on before the High Court. The family and Sandhya Rani faced acute depression when notice of the fresh passport case was received by them!
Besides, notices were also issued in the names of Salma Khatun and Amala Das of Chirang district. These two Victim families have also contacted CJP. Now, Salma Khatun has already been declared Indian by an FT earlier. In addition, Amala Das is a released detenu from the Kokrajhar detention camp in a foreigner's case. She was released on bail with the help of the CJP in 2021. She regularly presents herself before the local police station every week. Now, she is terrified that the fresh e Passport Act case came in her name. It looks like her ordeal will never end.
After hearing the news of these three women victims, Team CJP became alive to this fresh assault on citizenship rights of people of Assam. We held hectic consultations with the Team in Assam, CJP Secretary Teesta Setalvad and Guwahati High Court advocate and member of CJP’s legal team, Mrinmoy Dutta. It was following a ground level inquiry that we found that more than 250 people have been victims of these cases in Chirang district.
The risky aspect of these cases is that the FIR comes with the threat and possibility of an arrest warrant. CJP Assam Team In-charge Nanda Ghosh, legal team members Abhijeet Choudhury, legal team member Dewan Abdur Rahim and CJP Volunteer Advocates have started working on this new batch of cases as there is concern and worry that though this first FIR against 250 persons has been filed in Chirang district of Assam, it is more than likely that similar cases will sprout up in various parts of Assam. So far a three pronged attack, now it appears that Passport Act cases constitute a newly found strategy of the government to target and harass genuine citizens.
Related:
Citizens for Justice and Peace intervenes as Assam beggar receives FT notice
Even beggars and differently abled are not spared by Assam FTs!
Legit voter served “FT notice”, money extorted, CJP steps in: Dhubri, Assam
Two more women saved from spectre of statelessness in Assam: CJP Impact
CJP helping a daughter secure her mother’s release from Assam detention camp
CJP Impact: Another woman saved from the spectre of facing statelessness in Assam!
EXCLUSIVE: Bulk FIRs targets Assamese Indians through Passport Act cases, new assault on Citizenship rights: Assam
A bulk FIR naming 250 locals in Assam’s Chirang district, many of whom had been falsely accused and declared Indians by Foreigners Tribunals earlier, warn of a fresh form of assault by the state on marginalised sections
Image courtesy: The Quint
Panic reigns in many sections of the population in Assam’s Chirang district as a fresh bulk FIR, with the potential of arming the police with arrest warrants against innocents names 250 persons guilty of being non-Indian, this time through violations alleged under the Passport Act of 1920 (with its Rules, 1950) and the Foreigners Act, 1946. Many of the 250 persons named have earlier been cleared of a previous allegation of being “foreigner” by a tribunal, or released from a detention camp, or are already facing another case before an FT under different charges.
This fresh assault by the state of Assam on large sections of the marginalized population in Chirang district is in the form of an FIR registered against 250 persons under under section 3 of the Passport Act 1920, read with (R/W ) Rule 6 of the Passport Rules,1950, R/W Sec 14 A (b) of the Foreigners Act 1946 R/W section 3 (c), (d) and (g) of Foreigners Act 1946). News of the FIR was received by CJP’s Team in Assam about a week ago after which hectic consultations began. This case has been filed in the name of about 250 people in this district.
Our inquiries have found that many of those named in this FIR had been earlier already released from detention camp, some of them had been “declared Indian” after an arduous legal process by a Foreigners Tribunal (FT). For some others in the FIR, their case before an FT is ongoing and pending even as they were served a fresh salvo in the form of a notice under the Passport Act by a local court. For a few, their ongoing citizenship cases are pending in the Gauhati High Court.
Team CJP first came to know about this through a victim's family. Within a few days, we discovered that as many as 250 people have now been singled out by the state under the Passport Act in Assam's Chirang District. The first notice in the district was sent to a woman namely Sandhya Rani Sarkar. Sandhya Rani, as soon as she received this notice went in panic to a lawyer where reportedly, she was asked for an astronomical Rs 2 lakh to resolve the case. Daunted by this, her son approached Team CJP and discussed the case. Her son said, "I have known of CJP and it helps people with different issues of Citizenship issues including D voter FT notice etc.” He added, "I even accompanied team CJP when some people were released from detention camps." However, he continued "But when this type of notice came from court, I didn’t understand what it was, so I went to another lawyer with it, and when I saw that it was a lot of money, I got scared!"
It may be noted that Sandhya Rani faces earlier proceedings too in which her citizenship has been doubted: an FT notice was issued earlier in the name of Sandhya Rani Sarkar, she obtained bail and now her case is on before the High Court. The family and Sandhya Rani faced acute depression when notice of the fresh passport case was received by them!
Besides, notices were also issued in the names of Salma Khatun and Amala Das of Chirang district. These two Victim families have also contacted CJP. Now, Salma Khatun has already been declared Indian by an FT earlier. In addition, Amala Das is a released detenu from the Kokrajhar detention camp in a foreigner's case. She was released on bail with the help of the CJP in 2021. She regularly presents herself before the local police station every week. Now, she is terrified that the fresh e Passport Act case came in her name. It looks like her ordeal will never end.
After hearing the news of these three women victims, Team CJP became alive to this fresh assault on citizenship rights of people of Assam. We held hectic consultations with the Team in Assam, CJP Secretary Teesta Setalvad and Guwahati High Court advocate and member of CJP’s legal team, Mrinmoy Dutta. It was following a ground level inquiry that we found that more than 250 people have been victims of these cases in Chirang district.
The risky aspect of these cases is that the FIR comes with the threat and possibility of an arrest warrant. CJP Assam Team In-charge Nanda Ghosh, legal team members Abhijeet Choudhury, legal team member Dewan Abdur Rahim and CJP Volunteer Advocates have started working on this new batch of cases as there is concern and worry that though this first FIR against 250 persons has been filed in Chirang district of Assam, it is more than likely that similar cases will sprout up in various parts of Assam. So far a three pronged attack, now it appears that Passport Act cases constitute a newly found strategy of the government to target and harass genuine citizens.
Related:
Citizens for Justice and Peace intervenes as Assam beggar receives FT notice
Even beggars and differently abled are not spared by Assam FTs!
Legit voter served “FT notice”, money extorted, CJP steps in: Dhubri, Assam
Two more women saved from spectre of statelessness in Assam: CJP Impact
CJP helping a daughter secure her mother’s release from Assam detention camp
CJP Impact: Another woman saved from the spectre of facing statelessness in Assam!
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25,000 farmers march to Palghar district collectorate, ensure demands are met: AILS
In the third major mobilisation in the Palghar district in the past three months, pressure is on the district administration to ensure access to PDS, electricity, water and now forest and land rights
Over 25,000 farmers led by the All India Kisan Samiti (AIKS) marched to the Palghar district collectorate in Maharashtra on Tuesday, May 30. They had come from all the eight tehsils of Palghar district. Adivasis, women and youth peasants formed a large chunk of this huge rally, which protested together, walking to the gates of the collectorate, marched in, and occupied its grounds over three hours until the end of the AIKS delegation's discussions concluded with the District Collector.
This was the fourth large mobilisation of people from Thane-Palghar district in the last three months. Over 1,000 peasants had joined at short notice for the AIKS-led Dindori to Vasind Long March in March 2023; over 8,000 had joined the AIKS-led March from Akole to Loni in April 2023; over 12,000 women had joined the large AIDWA-led rally on the Palghar Collectorate just last week on 24 May; and over 25,000 peasants joined the AIKS-led rally to Palghar on 30 May.
Thousands of forms for land rights - over forest land, absentee landlords' (varkas) land, temple trust land, inaami land, pasture land, etc had been filled from peasants by the AIKS for the last one month. All of these were submitted to the Collector and receipts taken. The demand is that these get recognition.
In the two and a half hour positive discussion of the AIKS delegation with the district collector, Govind Bodke and other concerned officials, he conceded several demands concerning land rights, water and irrigation, MNREGA, ration, and other issues, and assured their implementation within a time frame.
The three most important assurances given were:
-
A complete and detailed list of the current status of all 61,000-odd claims under the Forest Rights Act (FRA) 2006 in the district would be made available to the AIKS;
-
All the thousands of land rights applications of different categories that were submitted on Tuesday by the AIKS would be processed village-wise and decisions taken in a positive spirit;
-
As regards the absentee landlords' land, the Adivasi peasants actually cultivating the land would make applications when there was a standing crop in their fields in September 2023, this would be checked, and made the basis for making them tenants and then owners of the land. It was during the glorious AIKS-led Adivasi Revolt of the 1940s that hundreds of rapacious landlords were forced by the newly-freed Adivasi peasants to leave the areas, and abandon their lands.
This latest mass rally led by the AIKS in Palghar was led by the organisation’s national president, Dr Ashok Dhawale, state president, Umesh Deshmukh, state secretary Dr Ajit Nawale, state vice president Kisan Gujar, AIDWA national general secretary Mariam Dhawale, CITU State Secretary Vinod Nikole, MLA, AIKS District President Chandrakant Ghorkhana, secretary Chandrakant Dhangda, vice presidents Radka Kalangda and Kiran Gahala, treasurer Vijay Katela, AIDWA state secretary Prachi Hatiwlekar, vice president Lahani Dauda, and joint secretary Sunita Shingda, DYFI state president Nandkumar Hadal, and many others.
On Wednesday May 31, a similar rally of the AIKS will be held at the Thane District Collectorate in Maharashtra.
Related:
Protests mount, 12,000 women march on issues of poor ration in PDS, water scarcity, unemployment
AIDWA Calls for Fight Against Increasing Gender-Based Violence
With a 17-point demand charter, AIKS-led 10,000-strong Kisan Long March starts in Nashik
25,000 farmers march to Palghar district collectorate, ensure demands are met: AILS
In the third major mobilisation in the Palghar district in the past three months, pressure is on the district administration to ensure access to PDS, electricity, water and now forest and land rights
Over 25,000 farmers led by the All India Kisan Samiti (AIKS) marched to the Palghar district collectorate in Maharashtra on Tuesday, May 30. They had come from all the eight tehsils of Palghar district. Adivasis, women and youth peasants formed a large chunk of this huge rally, which protested together, walking to the gates of the collectorate, marched in, and occupied its grounds over three hours until the end of the AIKS delegation's discussions concluded with the District Collector.
This was the fourth large mobilisation of people from Thane-Palghar district in the last three months. Over 1,000 peasants had joined at short notice for the AIKS-led Dindori to Vasind Long March in March 2023; over 8,000 had joined the AIKS-led March from Akole to Loni in April 2023; over 12,000 women had joined the large AIDWA-led rally on the Palghar Collectorate just last week on 24 May; and over 25,000 peasants joined the AIKS-led rally to Palghar on 30 May.
Thousands of forms for land rights - over forest land, absentee landlords' (varkas) land, temple trust land, inaami land, pasture land, etc had been filled from peasants by the AIKS for the last one month. All of these were submitted to the Collector and receipts taken. The demand is that these get recognition.
In the two and a half hour positive discussion of the AIKS delegation with the district collector, Govind Bodke and other concerned officials, he conceded several demands concerning land rights, water and irrigation, MNREGA, ration, and other issues, and assured their implementation within a time frame.
The three most important assurances given were:
-
A complete and detailed list of the current status of all 61,000-odd claims under the Forest Rights Act (FRA) 2006 in the district would be made available to the AIKS;
-
All the thousands of land rights applications of different categories that were submitted on Tuesday by the AIKS would be processed village-wise and decisions taken in a positive spirit;
-
As regards the absentee landlords' land, the Adivasi peasants actually cultivating the land would make applications when there was a standing crop in their fields in September 2023, this would be checked, and made the basis for making them tenants and then owners of the land. It was during the glorious AIKS-led Adivasi Revolt of the 1940s that hundreds of rapacious landlords were forced by the newly-freed Adivasi peasants to leave the areas, and abandon their lands.
This latest mass rally led by the AIKS in Palghar was led by the organisation’s national president, Dr Ashok Dhawale, state president, Umesh Deshmukh, state secretary Dr Ajit Nawale, state vice president Kisan Gujar, AIDWA national general secretary Mariam Dhawale, CITU State Secretary Vinod Nikole, MLA, AIKS District President Chandrakant Ghorkhana, secretary Chandrakant Dhangda, vice presidents Radka Kalangda and Kiran Gahala, treasurer Vijay Katela, AIDWA state secretary Prachi Hatiwlekar, vice president Lahani Dauda, and joint secretary Sunita Shingda, DYFI state president Nandkumar Hadal, and many others.
On Wednesday May 31, a similar rally of the AIKS will be held at the Thane District Collectorate in Maharashtra.
Related:
Protests mount, 12,000 women march on issues of poor ration in PDS, water scarcity, unemployment
AIDWA Calls for Fight Against Increasing Gender-Based Violence
With a 17-point demand charter, AIKS-led 10,000-strong Kisan Long March starts in Nashik
Related Articles
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Protests erupt at Delhi police violent crackdown on Women Wrestlers, FIR, and nationwide outrage
From farmers who physically joined protests to civil libertarians and erstwhile sportspersons, Sunday afternoon onwards saw protests erupt all over the country
Image: PTI
By Sunday afternoon protests had erupted all over the country. Sunday became a day of determined anger that manifest into spontaneous protests across Punjab and Haryana, Bengaluru and Bijapur, Karnataka. The anger was in response to the treatment meted out to the women wrestlers who were picked up from their protest site at Jantar Mantar in the National Capital, while others going for a women’s Mahapanchayat were also detained. At first farmers who joined the women wrestlers could not be controlled at the Delhi “borders”. The narrative started slipping from the hands of the state, the Modi 2.0 regime that wanted the farcical inauguration of the new Parliament to dominate news. Dominate it did as the supine electronic media continued on its journey to bow down to the powers that be, but powerful posts on social media and independent videos brought real news to the country.
The anger is against the effort to suppress a legitimate protest for justice and against shielding the alleged culprits Brij Bhushan Singh and Haryana minister Sandeep Singh. Both are from the Bharatiya Janata Party (BJP) and are facing serious charges of moral turpitude against them by the victims of sexual harassment’. The general sentiment reflects is that the treatment meted out to women wrestlers is more reprehensible, they were dragged disgracefully and the Tricolour they were holding was also dishonoured
As multiple pictures and videos circulated across the rural hinterland, the anger continued towards a boil, not only among the peasantry but among the others as well. “The most reprehensible part is that the entire effort of the regime is to save the accused and prove the complainants as wrong, as liars even. This has led to growing anger among the women. Do they think they can suppress the people by resorting to detentions that they did since Saturday at every village and town? No.
“The people understand that if this is what they do to our international champions one can imagine what they are capable of doing to any ordinary woman,” said Kavita Vidrohi who is an advocate and an activist with Jan Sangharsh Manch Haryana based in Kurukshetra. Her organisation along with Samatamulak Mahila Sangathan protested in Gohana city and burnt effigies of the Central Government and Delhi Police.
The Samyukta Kisan Morcha (SKM) which is an umbrella organisation of farmer organisations across the country has released a strong statement condemning the ‘authoritarian attack on the wrestlers’ as it called for the immediate release of all detained. “The cowardly BJP government led by Narendra Modi closed borders, arrested many activists and kept many under house-arrest from Saturday onwards to stall democratic protest on May 28, 2023 called by the women wrestlers supported by the SKM.
Read Sakshi Malik’s tweet
कभी सोचा नहीं था कुश्ती की रिंग में लड़ते लड़ते एक दिन इंसाफ़ के लिए ऐसे सड़कों पर भी लड़ना पड़ेगा…. देश की बेटियाँ बहुत मज़बूत हैं, जब विदेश में मेडल जीत सकती हैं तो अपने देश में इंसाफ़ की लड़ाई भी जीतके ही मानेंगी। #WrestlerProtest pic.twitter.com/eTHzERBUwb
— Sakshee Malikkh (@SakshiMalik) May 28, 2023
Punjab and Haryana protests spill over to states
This tweet retweeted by Vinesh Phogat says it all
वो क़हावत आज सिद्ध हो रही है!
— Shailendra Yadav (@shailendraydv12) May 28, 2023
‘मुँह में राम बग़ल में छुरी’
एक तरफ़ लोकतंत्र पर भाषण दिये जा रहे हैं और दूसरी तरफ़ लोकतंत्र की अस्मिता को गिद्ध सड़कों पर नोच रहे हैं…
pic.twitter.com/7cqDrN6fGp
The borders were closed to stop farmers and women from reaching Delhi. Ironically, coming on a day the Prime Minister inaugurated the new Parliament, the measures saw unprecedented use of force,” the SKM stated. The statement further pointed out, “The SKM is of the opinion that this exposes BJP’s anti-women, undemocratic character and how low they can stoop to protect people accused of sexual harassment. It shows the hollowness of the Prime Minister’s Beti Bachao slogan. “Thousands were coming in solidarity with the women wrestlers to attend the Mahila Samman Mahapanchayat. Repression was unleashed and thousands were arrested in Rohtak, Hisar, Bhiwani, Jind, Fatehabad, Sampla, Yamunanagar, Palwal, Gurgaon and other places. Women and farmers from Punjab were detained at Punjab-Haryana border near Narwana. “They blocked the national highway in protest. Hundreds were detained at Gurudwara Manji Sahib at Ambala City. Many farmers were detained near Singhu border and taken to police stations in Sonepat. Farmers marching to the Tikri border numbering about a thousand were detained. SKM leader Rakesh Tikait and over 2000 farmers reached Gazipur border where they were stopped. Farmers were even detained from railway stations and bus stands.” The SKM has called upon all democratic sections to rise up in protest and has warned that the struggle will be intensified and carried on till the sexual harassers are arrested and punished. Sources on the ground said that the people are also angry at a section of the media acting as police informers disclosing the movement of those intending to reach Delhi. All India Kisan Sabha leader Inderjit Singh told the media
“The people of the country will never take it lying down and will rebound with more vigour and determination soon. There is a strong undercurrent of resentment at the humiliation of women wrestlers and others at the hands of Delhi Darbar. This will not stop till the concerns of the protesting wrestlers are addressed in an amicable, humble and respectable way.” Observers feel that it has once again fallen on the peasantry from Haryana and Uttar Pradesh with active support from Punjab to take this battle forward. They say that the first thing is to rehabilitate the protesters at the protest site once again, and then draw up a strategy to take the movement forward.
The Bharatiya Kisan Union (Ugrahan) which is one of the foremost farmer organisations in Punjab had organised a major women’s protest along with the Punjab Khet Mazdoor Union on Sunday, May 28 in Mohali where the issue of the ongoing wrestlers’ protest was a key agenda along with the government using Enforcement Directorate to target top economist and women activist Dr Navsharan Kaur. There were thousands of women attending the event and just as the news of picking up and detentions in Delhi started pouring in they immediately passed resolutions on the spot in support of those detained.
The speakers at the event called for an end to the hounding of women democratic rights activists like Dr Navsharan and others. They also sought that the arrested pro-people intellectuals and democratic rights activists should be released immediately and a safe environment for women should be guaranteed in all institutions. They expressed their resentment over justice not being given to the women wrestlers and instead protecting the accused Brij Bhushan which they said is leading to the accused making defamatory comments against women wrestlers repeatedly.
Meanwhile, hundreds of farmers from Ludhiana, Barnala, Malerkotla and Moga districts had gathered at Gurudwara Tahliana Sahib in Raikot for a public meeting where the pending issues of the farmers that have not been fulfilled ever since the three contentious farm laws were withdrawn were raised. The issue of women wrestlers and the developments in Delhi also formed the core of the narrative along with the use of agencies to target Dr Navsharan and others. The speakers strongly condemned the barricading and arrests at the borders to prevent the people from joining the Mahila Panchayat called by the wrestlers in front of the Parliament. The speakers told the powers that be not to test the patience of the masses and said that just as the farmers had reached Delhi on November 26, 2020, they can also reach the capital again. Bharatiya Kisan Union (Ekta Dakaunda) leader Manjit Singh Dhaner said that the more force the BJP government exerts the more people's anger will increase and force the government to bow down. Observers on the ground also feel that the developments on Sunday are also going to have long term political ramifications. By late Sunday more than 1150 concerned citizens had come out calling for dismantling of ‘structures of sexual violence’ instead of protestors’ tents. “On the day the Prime Minister was inaugurating a new Parliament house, democratic space was being crushed outside,” the statement read.
SKM has called upon all democratic sections to rise up in protest. SKM warns the Narendra Modi led BJP Government that the struggle will be intensified and carried on till the sexual harassers are arrested and punished.
By afternoon, close to 1 p.m. news of police’s brutal man and woman handling of wrestlers had flown across the country and from Bengaluru where erstwhile sportswomen protested to Bijapur where social activists protested detention of senior women activists like Subhashini Ali, Annie Raja and Jagmati Sangwan, Indian citizens and civil society were not quiet.
Bengaluru protest
Protest successful in Bengaluru with Reeth Abraham (Arjuna Award Winner, Athlete), Nisha Millet (Swimmer, Arjuna Award Winner), Sharda Urgha (Cricket Sports Writer) among 150 others attending.
Teesta Setalvad’s tweet
Protest successful in Bengaluru! Reeth Abraham (Arjuna Award Winner, Athlete), Nisha Millet (Swimmer, Arjuna Award Winner), Sharda Urgha (Cricker Sports Writer) #JailForCitizens #NewParliamentBuilding #WrestlerProtest #WrestlersProtests https://t.co/2lJkBQNeJP pic.twitter.com/3nQhlgODUd
— Teesta Setalvad (@TeestaSetalvad) May 28, 2023
Related:
Attempt to Drown out Wrestlers’ Protest with Song and Dance About ‘Temple of Democracy’
When Will Society Hold Men Accountable for Patriarchy
Farmers announce nationwide agitation in support of #WomenChampionWrestlers
Protests erupt at Delhi police violent crackdown on Women Wrestlers, FIR, and nationwide outrage
From farmers who physically joined protests to civil libertarians and erstwhile sportspersons, Sunday afternoon onwards saw protests erupt all over the country
Image: PTI
By Sunday afternoon protests had erupted all over the country. Sunday became a day of determined anger that manifest into spontaneous protests across Punjab and Haryana, Bengaluru and Bijapur, Karnataka. The anger was in response to the treatment meted out to the women wrestlers who were picked up from their protest site at Jantar Mantar in the National Capital, while others going for a women’s Mahapanchayat were also detained. At first farmers who joined the women wrestlers could not be controlled at the Delhi “borders”. The narrative started slipping from the hands of the state, the Modi 2.0 regime that wanted the farcical inauguration of the new Parliament to dominate news. Dominate it did as the supine electronic media continued on its journey to bow down to the powers that be, but powerful posts on social media and independent videos brought real news to the country.
The anger is against the effort to suppress a legitimate protest for justice and against shielding the alleged culprits Brij Bhushan Singh and Haryana minister Sandeep Singh. Both are from the Bharatiya Janata Party (BJP) and are facing serious charges of moral turpitude against them by the victims of sexual harassment’. The general sentiment reflects is that the treatment meted out to women wrestlers is more reprehensible, they were dragged disgracefully and the Tricolour they were holding was also dishonoured
As multiple pictures and videos circulated across the rural hinterland, the anger continued towards a boil, not only among the peasantry but among the others as well. “The most reprehensible part is that the entire effort of the regime is to save the accused and prove the complainants as wrong, as liars even. This has led to growing anger among the women. Do they think they can suppress the people by resorting to detentions that they did since Saturday at every village and town? No.
“The people understand that if this is what they do to our international champions one can imagine what they are capable of doing to any ordinary woman,” said Kavita Vidrohi who is an advocate and an activist with Jan Sangharsh Manch Haryana based in Kurukshetra. Her organisation along with Samatamulak Mahila Sangathan protested in Gohana city and burnt effigies of the Central Government and Delhi Police.
The Samyukta Kisan Morcha (SKM) which is an umbrella organisation of farmer organisations across the country has released a strong statement condemning the ‘authoritarian attack on the wrestlers’ as it called for the immediate release of all detained. “The cowardly BJP government led by Narendra Modi closed borders, arrested many activists and kept many under house-arrest from Saturday onwards to stall democratic protest on May 28, 2023 called by the women wrestlers supported by the SKM.
Read Sakshi Malik’s tweet
कभी सोचा नहीं था कुश्ती की रिंग में लड़ते लड़ते एक दिन इंसाफ़ के लिए ऐसे सड़कों पर भी लड़ना पड़ेगा…. देश की बेटियाँ बहुत मज़बूत हैं, जब विदेश में मेडल जीत सकती हैं तो अपने देश में इंसाफ़ की लड़ाई भी जीतके ही मानेंगी। #WrestlerProtest pic.twitter.com/eTHzERBUwb
— Sakshee Malikkh (@SakshiMalik) May 28, 2023
Punjab and Haryana protests spill over to states
This tweet retweeted by Vinesh Phogat says it all
वो क़हावत आज सिद्ध हो रही है!
— Shailendra Yadav (@shailendraydv12) May 28, 2023
‘मुँह में राम बग़ल में छुरी’
एक तरफ़ लोकतंत्र पर भाषण दिये जा रहे हैं और दूसरी तरफ़ लोकतंत्र की अस्मिता को गिद्ध सड़कों पर नोच रहे हैं…
pic.twitter.com/7cqDrN6fGp
The borders were closed to stop farmers and women from reaching Delhi. Ironically, coming on a day the Prime Minister inaugurated the new Parliament, the measures saw unprecedented use of force,” the SKM stated. The statement further pointed out, “The SKM is of the opinion that this exposes BJP’s anti-women, undemocratic character and how low they can stoop to protect people accused of sexual harassment. It shows the hollowness of the Prime Minister’s Beti Bachao slogan. “Thousands were coming in solidarity with the women wrestlers to attend the Mahila Samman Mahapanchayat. Repression was unleashed and thousands were arrested in Rohtak, Hisar, Bhiwani, Jind, Fatehabad, Sampla, Yamunanagar, Palwal, Gurgaon and other places. Women and farmers from Punjab were detained at Punjab-Haryana border near Narwana. “They blocked the national highway in protest. Hundreds were detained at Gurudwara Manji Sahib at Ambala City. Many farmers were detained near Singhu border and taken to police stations in Sonepat. Farmers marching to the Tikri border numbering about a thousand were detained. SKM leader Rakesh Tikait and over 2000 farmers reached Gazipur border where they were stopped. Farmers were even detained from railway stations and bus stands.” The SKM has called upon all democratic sections to rise up in protest and has warned that the struggle will be intensified and carried on till the sexual harassers are arrested and punished. Sources on the ground said that the people are also angry at a section of the media acting as police informers disclosing the movement of those intending to reach Delhi. All India Kisan Sabha leader Inderjit Singh told the media
“The people of the country will never take it lying down and will rebound with more vigour and determination soon. There is a strong undercurrent of resentment at the humiliation of women wrestlers and others at the hands of Delhi Darbar. This will not stop till the concerns of the protesting wrestlers are addressed in an amicable, humble and respectable way.” Observers feel that it has once again fallen on the peasantry from Haryana and Uttar Pradesh with active support from Punjab to take this battle forward. They say that the first thing is to rehabilitate the protesters at the protest site once again, and then draw up a strategy to take the movement forward.
The Bharatiya Kisan Union (Ugrahan) which is one of the foremost farmer organisations in Punjab had organised a major women’s protest along with the Punjab Khet Mazdoor Union on Sunday, May 28 in Mohali where the issue of the ongoing wrestlers’ protest was a key agenda along with the government using Enforcement Directorate to target top economist and women activist Dr Navsharan Kaur. There were thousands of women attending the event and just as the news of picking up and detentions in Delhi started pouring in they immediately passed resolutions on the spot in support of those detained.
The speakers at the event called for an end to the hounding of women democratic rights activists like Dr Navsharan and others. They also sought that the arrested pro-people intellectuals and democratic rights activists should be released immediately and a safe environment for women should be guaranteed in all institutions. They expressed their resentment over justice not being given to the women wrestlers and instead protecting the accused Brij Bhushan which they said is leading to the accused making defamatory comments against women wrestlers repeatedly.
Meanwhile, hundreds of farmers from Ludhiana, Barnala, Malerkotla and Moga districts had gathered at Gurudwara Tahliana Sahib in Raikot for a public meeting where the pending issues of the farmers that have not been fulfilled ever since the three contentious farm laws were withdrawn were raised. The issue of women wrestlers and the developments in Delhi also formed the core of the narrative along with the use of agencies to target Dr Navsharan and others. The speakers strongly condemned the barricading and arrests at the borders to prevent the people from joining the Mahila Panchayat called by the wrestlers in front of the Parliament. The speakers told the powers that be not to test the patience of the masses and said that just as the farmers had reached Delhi on November 26, 2020, they can also reach the capital again. Bharatiya Kisan Union (Ekta Dakaunda) leader Manjit Singh Dhaner said that the more force the BJP government exerts the more people's anger will increase and force the government to bow down. Observers on the ground also feel that the developments on Sunday are also going to have long term political ramifications. By late Sunday more than 1150 concerned citizens had come out calling for dismantling of ‘structures of sexual violence’ instead of protestors’ tents. “On the day the Prime Minister was inaugurating a new Parliament house, democratic space was being crushed outside,” the statement read.
SKM has called upon all democratic sections to rise up in protest. SKM warns the Narendra Modi led BJP Government that the struggle will be intensified and carried on till the sexual harassers are arrested and punished.
By afternoon, close to 1 p.m. news of police’s brutal man and woman handling of wrestlers had flown across the country and from Bengaluru where erstwhile sportswomen protested to Bijapur where social activists protested detention of senior women activists like Subhashini Ali, Annie Raja and Jagmati Sangwan, Indian citizens and civil society were not quiet.
Bengaluru protest
Protest successful in Bengaluru with Reeth Abraham (Arjuna Award Winner, Athlete), Nisha Millet (Swimmer, Arjuna Award Winner), Sharda Urgha (Cricket Sports Writer) among 150 others attending.
Teesta Setalvad’s tweet
Protest successful in Bengaluru! Reeth Abraham (Arjuna Award Winner, Athlete), Nisha Millet (Swimmer, Arjuna Award Winner), Sharda Urgha (Cricker Sports Writer) #JailForCitizens #NewParliamentBuilding #WrestlerProtest #WrestlersProtests https://t.co/2lJkBQNeJP pic.twitter.com/3nQhlgODUd
— Teesta Setalvad (@TeestaSetalvad) May 28, 2023
Related:
Attempt to Drown out Wrestlers’ Protest with Song and Dance About ‘Temple of Democracy’
When Will Society Hold Men Accountable for Patriarchy
Farmers announce nationwide agitation in support of #WomenChampionWrestlers
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Attempt to Drown out Wrestlers’ Protest with Song and Dance About ‘Temple of Democracy’
According to the police personnel, the detained protesters were sent to multiple locations including Kapashera and Jajjhar.
Image credit: Twitter/@SakshiMalik
The wrestlers’ protest at Jantar Mantar was brutally crushed by the Delhi Police today while PM Modi was inaugurating the new Parliament building just a few kilometres away from the protest site.
Since morning, the protest site and the area nearby areas saw a heavy police deployment. All the gates leading to the site were heavily guarded by the Delhi Police personnel. Several mediapersons were kept away from the protest site. The police informed reporters that only PIB-accredited press was allowed to go inside – which resulted in the exclusion of a huge chunk of digital media.
However, around 11 am, the wrestles started moving towards the new Parliament building. Consequently, the Delhi Police started detaining the protesters, pushing them inside the buses which were present at the site.
Geeta Chaudhary from Bhartiya Kisan Union spoke with NewsClick while she was being detained. She alleged that the police manhandled the wrestlers including women.
Sakshi Malik and Bajrang Punia – who have been among the ones spearheading the protest – were also taken into custody along with several activists from All India Democratic Women's Association (AIDWA).
Malik could be seen being dragged by the police while she was raising slogans.
Mandeep, one of the wrestlers, alleged that her clothes were torn apart and her already fractured hand got injured in the kerfuffle.
After all the wrestlers were detained, the Delhi Police also wound up their tent and closed the site for media access.
According to the police personnel, the detainees were sent to multiple locations including Kapashera and Jajjhar.
NewsClick spoke with a few other people who had come to express solidarity with the wrestlers but were stopped by the police.
Madhu Prasad, a former professor at the Delhi University, who had come to extend support said that the BJP is the new ruler and doesn’t see itself as the government. “For them, this is a king’s rule,” she said.
“Civil liberties in this country are on a decline since this government has come to power. This brutal assault on protesters and dissent in general has validated this fact,” said Prasad.
She also questioned the politics behind keeping the accused, Brij Bhushan Singh, safe amidst such a huge protest.
Farmers Detained at Singhu Border, JNU Students 'Prevented' from Joining Wrestlers
Amid heavy deployment of police, jawans, and paramilitary forces, 100 farmers who tried to enter Delhi from the Singhu border were detained by Haryana Police.
Tejvir Singh from Bharatiya Kisan Union (Shahid Bhagat Singh) said that they could apprehend a massive crackdown by the police and administration in Ambala after officials from the intelligence wing "started calling farmers' leaders about the mahapanchayat".
Talking to NewsClick, he said, "The deras suddenly announced that there would be huge langars on Sunday. It is not a coincidence. So, we found it very difficult to find buses. We had to call buses from Punjab and Kalka to take people to Delhi. Then we started receiving calls from intelligence officers enquiring about our plans and the extent of mobilisation. Social media handles were closely monitored. Our buses were stopped at Manjit Sahib Gurudwara in Ambala. Other leaders were raided too."
Singh added that the children in the family were particularly frightened as they did not know anything about the ongoing movement to seek justice against sexual harassment.
Ranjit Singh Raju, secretary of Ganna Kisan Sangharsh Samiti Rajasthan, said that he had been consistently getting calls from farmer leaders about "run and chase". He opined that the police and administration have not learnt anything from the farmers' movement. "They do not know that youths have joined the movement and there will be a sea of people on the streets soon.”
He added that the farmers are on the streets as they share the pain and misery of women wrestlers who are seeking justice against sexual harassment. “Had Modi listened to them, we would not have been on the streets. It is clear that he does not consider them daughters of India," said Raju.
Pavel Kussa from Bharatiya Kisan Union Ekta Ugrahan told NewsClick that they have organised a large assembly in Chandigarh to express solidarity with women wrestlers. “We will be mobilising people from across Punjab to tell them how democracy was butchered in the name of the new parliament.”
Gaurav Rajpurohit, Deputy Commissioner of Police, Sonipat told NewsClick, "The farmers were detained after they tried to stage a protest at National Highway 48. We have taken them into preventive detention and they will be questioned about the intent of the protest. So far, no places have been designated as temporary jails.”
Several Students leaders from Jawaharlal Nehru University too alleged that they were taken into custody from the gate of the institute itself when they were going out to extend solidarity to the wrestlers.
Madhurima, an AISA activist, said, "I was physically restrained just as I stepped outside the JNU main gate. The female police gheraoed me and tried to intimidate me by taking videos from their personal phones. There is heavy police deployment in and outside JNU to stop students from going to Mahila Panchayat”.
Aishe Ghosh, president of Jawaharlal Nehru University Students' Union, told NewsClick that the police officials asked them not to let any student go outside the exit gates of the university. "Several students and even teachers were detained at Vasant Kunj police station. It is sheer irony that the inauguration of the new Parliament building is being celebrated as a festival of democracy; whereas, the democratic rights of citizens do not matter in the eyes of this government!”
Tikri Border Transformed into a 'Camp'
Following in the footsteps of Singhu and Ghazipur, Tikri Border witnessed a dramatic transformation into a fortified camp today, employing imposing barricades, massive stones, and significant deployment of police forces. The motive behind this imposing display was to deter a group of women farmers who had planned to journey from Tikri Border to Delhi in solidarity with the wrestlers staging a protest at Jantar Mantar. However, the police authorities denied them entry, preventing their passage across the border.
Undeterred, the farmers at Tikri Border held a protest, raising strong slogans against the Modi government and the Khattar government in Haryana. They reiterated the demand for the arrest of Brij Bhushan Sharan Singh. The farmers stated that they would continue their protest until the authorities take action, and they will only stop when Brij Bhushan is arrested.
As the farmers' protest grew more intense, the police responded by arresting everyone involved. The farmers were taken into custody and transported to the Mahila Shahar police station in Bahadurgarh.
(With inputs from Ravi Kaushal and Ravi Dubey)
Courtesy: Newsclick
Attempt to Drown out Wrestlers’ Protest with Song and Dance About ‘Temple of Democracy’
According to the police personnel, the detained protesters were sent to multiple locations including Kapashera and Jajjhar.
Image credit: Twitter/@SakshiMalik
The wrestlers’ protest at Jantar Mantar was brutally crushed by the Delhi Police today while PM Modi was inaugurating the new Parliament building just a few kilometres away from the protest site.
Since morning, the protest site and the area nearby areas saw a heavy police deployment. All the gates leading to the site were heavily guarded by the Delhi Police personnel. Several mediapersons were kept away from the protest site. The police informed reporters that only PIB-accredited press was allowed to go inside – which resulted in the exclusion of a huge chunk of digital media.
However, around 11 am, the wrestles started moving towards the new Parliament building. Consequently, the Delhi Police started detaining the protesters, pushing them inside the buses which were present at the site.
Geeta Chaudhary from Bhartiya Kisan Union spoke with NewsClick while she was being detained. She alleged that the police manhandled the wrestlers including women.
Sakshi Malik and Bajrang Punia – who have been among the ones spearheading the protest – were also taken into custody along with several activists from All India Democratic Women's Association (AIDWA).
Malik could be seen being dragged by the police while she was raising slogans.
Mandeep, one of the wrestlers, alleged that her clothes were torn apart and her already fractured hand got injured in the kerfuffle.
After all the wrestlers were detained, the Delhi Police also wound up their tent and closed the site for media access.
According to the police personnel, the detainees were sent to multiple locations including Kapashera and Jajjhar.
NewsClick spoke with a few other people who had come to express solidarity with the wrestlers but were stopped by the police.
Madhu Prasad, a former professor at the Delhi University, who had come to extend support said that the BJP is the new ruler and doesn’t see itself as the government. “For them, this is a king’s rule,” she said.
“Civil liberties in this country are on a decline since this government has come to power. This brutal assault on protesters and dissent in general has validated this fact,” said Prasad.
She also questioned the politics behind keeping the accused, Brij Bhushan Singh, safe amidst such a huge protest.
Farmers Detained at Singhu Border, JNU Students 'Prevented' from Joining Wrestlers
Amid heavy deployment of police, jawans, and paramilitary forces, 100 farmers who tried to enter Delhi from the Singhu border were detained by Haryana Police.
Tejvir Singh from Bharatiya Kisan Union (Shahid Bhagat Singh) said that they could apprehend a massive crackdown by the police and administration in Ambala after officials from the intelligence wing "started calling farmers' leaders about the mahapanchayat".
Talking to NewsClick, he said, "The deras suddenly announced that there would be huge langars on Sunday. It is not a coincidence. So, we found it very difficult to find buses. We had to call buses from Punjab and Kalka to take people to Delhi. Then we started receiving calls from intelligence officers enquiring about our plans and the extent of mobilisation. Social media handles were closely monitored. Our buses were stopped at Manjit Sahib Gurudwara in Ambala. Other leaders were raided too."
Singh added that the children in the family were particularly frightened as they did not know anything about the ongoing movement to seek justice against sexual harassment.
Ranjit Singh Raju, secretary of Ganna Kisan Sangharsh Samiti Rajasthan, said that he had been consistently getting calls from farmer leaders about "run and chase". He opined that the police and administration have not learnt anything from the farmers' movement. "They do not know that youths have joined the movement and there will be a sea of people on the streets soon.”
He added that the farmers are on the streets as they share the pain and misery of women wrestlers who are seeking justice against sexual harassment. “Had Modi listened to them, we would not have been on the streets. It is clear that he does not consider them daughters of India," said Raju.
Pavel Kussa from Bharatiya Kisan Union Ekta Ugrahan told NewsClick that they have organised a large assembly in Chandigarh to express solidarity with women wrestlers. “We will be mobilising people from across Punjab to tell them how democracy was butchered in the name of the new parliament.”
Gaurav Rajpurohit, Deputy Commissioner of Police, Sonipat told NewsClick, "The farmers were detained after they tried to stage a protest at National Highway 48. We have taken them into preventive detention and they will be questioned about the intent of the protest. So far, no places have been designated as temporary jails.”
Several Students leaders from Jawaharlal Nehru University too alleged that they were taken into custody from the gate of the institute itself when they were going out to extend solidarity to the wrestlers.
Madhurima, an AISA activist, said, "I was physically restrained just as I stepped outside the JNU main gate. The female police gheraoed me and tried to intimidate me by taking videos from their personal phones. There is heavy police deployment in and outside JNU to stop students from going to Mahila Panchayat”.
Aishe Ghosh, president of Jawaharlal Nehru University Students' Union, told NewsClick that the police officials asked them not to let any student go outside the exit gates of the university. "Several students and even teachers were detained at Vasant Kunj police station. It is sheer irony that the inauguration of the new Parliament building is being celebrated as a festival of democracy; whereas, the democratic rights of citizens do not matter in the eyes of this government!”
Tikri Border Transformed into a 'Camp'
Following in the footsteps of Singhu and Ghazipur, Tikri Border witnessed a dramatic transformation into a fortified camp today, employing imposing barricades, massive stones, and significant deployment of police forces. The motive behind this imposing display was to deter a group of women farmers who had planned to journey from Tikri Border to Delhi in solidarity with the wrestlers staging a protest at Jantar Mantar. However, the police authorities denied them entry, preventing their passage across the border.
Undeterred, the farmers at Tikri Border held a protest, raising strong slogans against the Modi government and the Khattar government in Haryana. They reiterated the demand for the arrest of Brij Bhushan Sharan Singh. The farmers stated that they would continue their protest until the authorities take action, and they will only stop when Brij Bhushan is arrested.
As the farmers' protest grew more intense, the police responded by arresting everyone involved. The farmers were taken into custody and transported to the Mahila Shahar police station in Bahadurgarh.
(With inputs from Ravi Kaushal and Ravi Dubey)
Courtesy: Newsclick
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CJP's legal team secures another triumph for marginalised woman accused of being a Foreigner
Misspelled names and soil erosion nearly left Anowara Khatoon stateless. However, after a challenging struggle spanning eight months, she has finally been granted Indian citizenship!
Anowara Khatoon, a resident of Assam who had been unjustly served a notice and accused of being a foreigner by a Foreigners’ Tribunal (FT) in Darrang District, can finally breathe a sigh of relief. After eight months of relentless efforts by the CJP Team to disprove the false allegations, Anowara has been officially declared an Indian citizen. It was in a reference case by the Assam Border Police that robust written arguments and evidences need to be provided before the herculean task was achieved!
Born and brought up in the village of Nagajan under Kharupetia Police Station, Darrang District, Assam, Anowara’s journey to reclaim her identity has been long and arduous. She comes from an impoverished household, and she and her family have no socioeconomic resources. Her husband earns a living as a cart driver. Her father, Asaruddin Deu, cast his vote in 1966 and 1970. Her mother’s name is Moiful Nessa, and she expired a while ago.
In 1988, due to the erosion of their original village, Satrakanara, by the Brahmaputra River, Asaruddin Deu and his family were forced to relocate to Nagajan, where they have since settled permanently. Anowara and her family have been residing there and participated in the 1989 elections as legitimate voters.
Anowara, along with her own substantial set of documents, including the 1997 voter list, Aadhaar card, and land documents, submitted everything she had to prove her Indian citizenship. When she received notice of being a suspected foreigner, Anowara was stunned and in shock; she could not eat or sleep for days. Being economically and socially disadvantaged, Anowara sought legal representation after receiving the notice from the Foreigners’ Tribunal. However, to her dismay, she found out she could not afford the fees. It was at this critical juncture that she reached out to a member of the CJP team for help. CJP immediately took up her cause and fought tirelessly on her behalf.
CJP’s legal team presented a robust case based on documents of Anorwar’s parents as well as grandfather, along with other evidence they had painstakingly collected in the FT. CJP also facilitated evidence of two brothers of Anowara’s who took to the stand and testify as witnesses for her.
To disprove allegations of being a suspected foreigner, there was a hurdle. Her father’s name was registered differently in the voting lists of two different regions. Due to climate change, the river Brahmaputra is prone to floods. The river, when it shifts its course, often submerges existing villages and settlements. This presents a huge hurdle for people in Assam, because for the residents of the erstwhile submerged village, their village has sunk underwater. Several people every year are erroneously relegated as suspected foreigners due to this reason. Another hurdle was that Anowara’s father’s name was spelt differently in the voter lists. The difference between Asudeu and Assaruddin Deu that seems to be nothing more than a spelling mistake due to local dialects as well as due as a variation that often arises in documents due to haste and bureaucratic slips, even illiteracy. Often when making documents, especially in Assam, people who have no education depend on an officer or a bureaucrat in charge to spell and write out their name. This exercise, if performed mechanically or even indifferently, with no cross-checking with previous records can cause such bloomers: the same person gets a document with a changed spelling of their name, such as in the case of Anowar Khatoon’s father. This small error can cause someone to become potentially stateless. Women, as well as other marginalised communities, have been disproportionately affected by the citizenship crisis, and due to a lack of resources, have to face the brunt of the process, despite having documents to prove their residence in India since their birth.
Thereby, not only are Asudeu and Assaruddin Deu (as proven in the FT judgment later) one and the same person, given the presence of his name in 1966, 1971 and 1989 Voters Lists of the state, but moreover, he was not an illegal immigrant. Besides the legitimacy and presence of the mother of Anowara, Moiful Nessa in 1989 and 1997 Voters’ Lists irrefutably established her to be the daughter of legitimate citizens whose names were in the voting lists, and hence claims by the Assam Border Police in the notice that she was an illegal immigrant were categorically disproved.
Based on this, the Foreigner Tribunal Darrang Mangaldai has held Anowara Khatoon to be an Indian rejecting the claims in the reference case made out by the Border Police.
Both issues presented a challenge to CJP’s legal team.
Therefore, the legal team laboured intensively to produce documents along with her existing family members, namely her brothers, as witnesses. The team showed voter lists with Anowara’s parents’ names in them from multiple years and argued that her father initially resided in Baghbar but later relocated to the Darrang District. To substantiate her assertion regarding the citizenship status of her parents, the team presented voter lists from 1966 and 1970, respectively. These lists featured Anowar’s father’s name as Asudeu. Additionally, a copy of the 1989 voter list includes the name of Asaruddin Deo as a registered voter. The legal team argued that Asudeu and Asaruddin are one and the same. Upon comparing the 1966 and 1970 voter lists with the 1989 voter list, it was concluded that despite the difference in names, Asudeu and Asoruddin Deu this is the father of Anowara, much to her relief.
On 21 May 2023, CJP Assam State Incharge, Nanda Ghosh, along with DVM (District Voluntary Motivator) of Darrang, Joinal Abedin, and CJP legal team member Advocate Abdul Hai, presented Anowara with the judgment copy, marking a victorious moment for her and her husband. Overwhelmed with joy, Anowara expressed her gratitude, saying, “May Allah bless you.” Her husband, relieved from the fear and uncertainty they had endured, spoke words of gratitude, stating, “We are poor people. We were truly scared after receiving the notice. But when the case was handed over to the CJP, there was no more problem.” He added, “We are eternally grateful for your sincere support during this time of crisis, completely free of charge.”
Anowara Khatoon’s triumph serves as a symbol of hope for the countless marginalised individuals who have faced similar struggles and injustices at the hands of the state. CJP, dedicated to safeguarding humanity and defending rights, stands firmly by their side, ready to fight for justice and bring relief to those who have long suffered and been deprived of their rights.
Related:
CJP Impact: Omesha bibi, another marginalised woman suspected of being a foreigner, declared Indian!
Saheba Bibi’s long march for justice persists as she seeks CJP’s aid
Are eviction drives the new form of targeted state driven violence in New India?
CJP’s legal aid petition in Assam will now be heard beyond summer vacation
CJP's legal team secures another triumph for marginalised woman accused of being a Foreigner
Misspelled names and soil erosion nearly left Anowara Khatoon stateless. However, after a challenging struggle spanning eight months, she has finally been granted Indian citizenship!
Anowara Khatoon, a resident of Assam who had been unjustly served a notice and accused of being a foreigner by a Foreigners’ Tribunal (FT) in Darrang District, can finally breathe a sigh of relief. After eight months of relentless efforts by the CJP Team to disprove the false allegations, Anowara has been officially declared an Indian citizen. It was in a reference case by the Assam Border Police that robust written arguments and evidences need to be provided before the herculean task was achieved!
Born and brought up in the village of Nagajan under Kharupetia Police Station, Darrang District, Assam, Anowara’s journey to reclaim her identity has been long and arduous. She comes from an impoverished household, and she and her family have no socioeconomic resources. Her husband earns a living as a cart driver. Her father, Asaruddin Deu, cast his vote in 1966 and 1970. Her mother’s name is Moiful Nessa, and she expired a while ago.
In 1988, due to the erosion of their original village, Satrakanara, by the Brahmaputra River, Asaruddin Deu and his family were forced to relocate to Nagajan, where they have since settled permanently. Anowara and her family have been residing there and participated in the 1989 elections as legitimate voters.
Anowara, along with her own substantial set of documents, including the 1997 voter list, Aadhaar card, and land documents, submitted everything she had to prove her Indian citizenship. When she received notice of being a suspected foreigner, Anowara was stunned and in shock; she could not eat or sleep for days. Being economically and socially disadvantaged, Anowara sought legal representation after receiving the notice from the Foreigners’ Tribunal. However, to her dismay, she found out she could not afford the fees. It was at this critical juncture that she reached out to a member of the CJP team for help. CJP immediately took up her cause and fought tirelessly on her behalf.
CJP’s legal team presented a robust case based on documents of Anorwar’s parents as well as grandfather, along with other evidence they had painstakingly collected in the FT. CJP also facilitated evidence of two brothers of Anowara’s who took to the stand and testify as witnesses for her.
To disprove allegations of being a suspected foreigner, there was a hurdle. Her father’s name was registered differently in the voting lists of two different regions. Due to climate change, the river Brahmaputra is prone to floods. The river, when it shifts its course, often submerges existing villages and settlements. This presents a huge hurdle for people in Assam, because for the residents of the erstwhile submerged village, their village has sunk underwater. Several people every year are erroneously relegated as suspected foreigners due to this reason. Another hurdle was that Anowara’s father’s name was spelt differently in the voter lists. The difference between Asudeu and Assaruddin Deu that seems to be nothing more than a spelling mistake due to local dialects as well as due as a variation that often arises in documents due to haste and bureaucratic slips, even illiteracy. Often when making documents, especially in Assam, people who have no education depend on an officer or a bureaucrat in charge to spell and write out their name. This exercise, if performed mechanically or even indifferently, with no cross-checking with previous records can cause such bloomers: the same person gets a document with a changed spelling of their name, such as in the case of Anowar Khatoon’s father. This small error can cause someone to become potentially stateless. Women, as well as other marginalised communities, have been disproportionately affected by the citizenship crisis, and due to a lack of resources, have to face the brunt of the process, despite having documents to prove their residence in India since their birth.
Thereby, not only are Asudeu and Assaruddin Deu (as proven in the FT judgment later) one and the same person, given the presence of his name in 1966, 1971 and 1989 Voters Lists of the state, but moreover, he was not an illegal immigrant. Besides the legitimacy and presence of the mother of Anowara, Moiful Nessa in 1989 and 1997 Voters’ Lists irrefutably established her to be the daughter of legitimate citizens whose names were in the voting lists, and hence claims by the Assam Border Police in the notice that she was an illegal immigrant were categorically disproved.
Based on this, the Foreigner Tribunal Darrang Mangaldai has held Anowara Khatoon to be an Indian rejecting the claims in the reference case made out by the Border Police.
Both issues presented a challenge to CJP’s legal team.
Therefore, the legal team laboured intensively to produce documents along with her existing family members, namely her brothers, as witnesses. The team showed voter lists with Anowara’s parents’ names in them from multiple years and argued that her father initially resided in Baghbar but later relocated to the Darrang District. To substantiate her assertion regarding the citizenship status of her parents, the team presented voter lists from 1966 and 1970, respectively. These lists featured Anowar’s father’s name as Asudeu. Additionally, a copy of the 1989 voter list includes the name of Asaruddin Deo as a registered voter. The legal team argued that Asudeu and Asaruddin are one and the same. Upon comparing the 1966 and 1970 voter lists with the 1989 voter list, it was concluded that despite the difference in names, Asudeu and Asoruddin Deu this is the father of Anowara, much to her relief.
On 21 May 2023, CJP Assam State Incharge, Nanda Ghosh, along with DVM (District Voluntary Motivator) of Darrang, Joinal Abedin, and CJP legal team member Advocate Abdul Hai, presented Anowara with the judgment copy, marking a victorious moment for her and her husband. Overwhelmed with joy, Anowara expressed her gratitude, saying, “May Allah bless you.” Her husband, relieved from the fear and uncertainty they had endured, spoke words of gratitude, stating, “We are poor people. We were truly scared after receiving the notice. But when the case was handed over to the CJP, there was no more problem.” He added, “We are eternally grateful for your sincere support during this time of crisis, completely free of charge.”
Anowara Khatoon’s triumph serves as a symbol of hope for the countless marginalised individuals who have faced similar struggles and injustices at the hands of the state. CJP, dedicated to safeguarding humanity and defending rights, stands firmly by their side, ready to fight for justice and bring relief to those who have long suffered and been deprived of their rights.
Related:
CJP Impact: Omesha bibi, another marginalised woman suspected of being a foreigner, declared Indian!
Saheba Bibi’s long march for justice persists as she seeks CJP’s aid
Are eviction drives the new form of targeted state driven violence in New India?
CJP’s legal aid petition in Assam will now be heard beyond summer vacation
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CJP Victory! Mumna Bano, an 82 year-old widow, gets released from jail by Team CJP after surety amount of 7,000 is paid
After spending 8 years in jail, despite the grant of bail, Bano gets to come home to her daughters and grandchildren
After spending eight years in jail, Mumna Bano, a 82 year-old woman and wife of late Wahab, finally got to return to her house in Hukulganj, where she had lived with her two daughters and four grandchildren before she was sent off to jail on false charges in 2015.
How and when did this happen?
Mumna Bano, a resident of house Hukulganj, Thana Cantt, District Varanasi, was released from jail on May 16. Languising in jail for eight long years she was unable to get herself released due to the family’s impoverishment. Bano had been jailed (Case Crime No. 626/2015), where she had remained in jail for eight years. Despite having been granted bail, she was not able to come out of jail because she was unable to deposit the fine of Rs.7000 in the court. She was the oldest among 200 female prisoners in the jail.
Since October-November 2022, the Supreme Court of India has been highlighting the tragedy of such similar cases where, because of non-payment of surety amount, under trials languish in jail. It was David D’Costa of Bengaluru who took on this noble task, urging CJP with its wide network to locate such cases to ensure their release. D’Costa had been struck by recent Supreme Court observations in similar cases. “I want people to hear about Munna’s release so this step we have taken spirals into a movement,” D’Costa told CJP. “This is a travesty of justice, I am doing my bit for at least four more such deserving persons. “In May and November 2022 when I read of over 300 such persons languishing in our jails –under trials whose inability to furnish bail bonds and surety bonds has left them with no option but to stay in prison, I acted. I have resolved to personally put up money for at least five such prisoners.”
A unique breakthrough
Citizens for Justice and Peace, a human rights organisation dedicated to protecting and uplifting the underprivileged, has been working tirelessly to assist those who are oppressed and systematically ignored. To be able to assist Mumna Bano in reaching her destination represents a collective and collaborative victory of those who believed in the organisation and donated to further its mission. The donation by the donor will allow the CJP team to release four more deserving prisoners. CJP aspires to assist many others, such as Mumna Bano, in fighting state-sanctioned oppression.
CJP and team takes over Bano’s case:
CJP’s team, led by Dr Muniza Khan, met the jailer several times, speaking with them about our intention to help five such prisoners from the underprivileged society, and help them come out of the jail. The first name that the jailer gave CJP was that of Bano, telling the team that she is very old, and if a deposit of Rs. 7000 could be made on her behalf, then she would be able to walk out of jail. Taking over her case, and seeking the help of lawyers, the team deposited the fine in the court on May 15, post which Bano was released from jail. On the evening of May 16, 2023, Bano’s daughter went to the jail to pick her up and bring her home. Speaking to the team, Bano told us how the economic condition of her family was so bad that despite having been granted bail, she was not able to pay Rs. 7000, and thus, had to stay in jail for all these years.
Also Read
Bano has by now, spent eight long years of her life lodged in Chowkghat jail of Varanasi. Her crime? The case made out against her was that Bano’s daughter-in-law was burnt due to an explosion of the stove for which she was indicted. Bano explains that after the accident, she had immediately taken her daughter-in-law to a government hospital, namely Kabir Chaura government hospital, where she was also admitted. At the hospital, Bano’s daughter-in-law had even given a statement saying that, “I was accidentally burnt due to the explosion of stove, and there is no fault of my own or in-laws”. But, since the daughter-in-law tragically died in this accident, her parents filed a case against Bano and her son under Section-498A, 304B and Section-3/4 of the Indian Penal Code Dowry Resistance Act in Police Station Cantt, District Varanasi.
It was the day after her release that team CJP reached Bano’s house around noon to meet her. After walking for about 15 minutes, along with Bano’s daughter, passing through the narrow and crooked lanes well inside the road, the team reached Mumna's house. The house was just a dilapidated small room. Bano was sitting on a mat on the floor in that room while the food was being cooked by burning wood at a small place outside the room.
Expressing her gratitude, Bano thanked all those people who helped her deposit her fine. When Bano was asked how she came to know that she had been released, she replied that “The jailer called me and said that now you will be released, and your fine of Rs 7000 has been deposited by an organisation. I was very happy to hear that now I will go home, I am being released. My daughter came to pick me up, and I got to come home with her. When I reached home, I could not recognise my daughter's children. Because the kids have grown up a lot. My grandchildren also could not recognised me. My daughter made halwa for me on the occasion of my arrival. My neighbours and relatives also came to visit”.
Bano seemed very happy to just get together with her daughters and her grandchildren. When the team asked Bano’s daughter regarding how she was feeling, she said that “seeing my mother at her home, I could just not believe that she is here with us. It was not expected that my old mother would come out of jail. Where did we have so much money that we could get our mother out of jail? We all are very happy and think that even today good people are here who help poor people.”
Bano’s life in jail:
When the team who had gone to meet her at her house asked Bano what she ate in jail, she replied, “dal, roti aur ghas-phoos khane ko milta tha”. Ghass – phoos here means cheap saag, she explains. Bano also said that she had lost her eyesight in jail due to a cataract. Even when the jailer admitted Bano to a government hospital for receiving a cataract operation, her eyesight did not return completely.
She also mentioned that towards the beginning of her incarnation, the jailers used to make Bano do some work. But then, considering her old age, the jailer stopped making her do any work. While she spoke about other aspects about her life in jail, she stressed on the solidarity and togetherness she experienced with women in the cell. When the team asked Bano whether she faced any kind of discrimination while living amongst women prisoners inside the jail, Bano said that this was not the case, and that they all live together.
Bano also spoke about a female prisoner named Nandini, who had helped her a lot during her jail time. She fondly remembered how Nandini would always wash Bano’s clothes, bring her food and would always take care of her. She told the team that Nandini was also getting released from the jail on May 18. When the team asked her whether she would like to meet Nandini, Bano replied by saying that she would definitely meet Nandini. She said that Nandini's house was about 15 kilometres away from her house.
Bano has five daughters and a son. Since her husband had died an early death, she had to bring up her children by making beedis for a living. All her daughters had gotten married. Today, one daughter is a widow with four small children, the other is abandoned and has no children, while the remaining three live outside Banaras. Bano’s son is in jail. Bano lives with her two daughters and her four grandchildren in a small room. These seven people live in a small room of 12 feet x 12 feet.
SC directions on languishing under trials
In May 2022, a Supreme Court bench had issued the following directions related to similar cases.
Directions passed in the order passed on May 9, 2022:
-
“Every High Court shall give us details of all such orders which remain to be complied with and about the persons concerned who are still languishing in jail. One of the ways to address the problem would be to have a register and maintain the figures as to in how many matters orders directing release of the persons on bail were issued and if out of such total number of matters, any person stood deprived of the opportunity of being released on bail for some reason or the other. The Register must indicate the reason including whether proper security etc. could be arranged by the concerned person or not. Such matters should then be listed before the concerned court in the succeeding month and the fact that the person has not yet been released on bail, be brought to the notice of the concerned Court under whose orders the relief of bail was afforded to the person(s).
-
Let the details be given by each High Court within six weeks from today. Before parting, we must record that the petitioner has now been released on bail. In effect, where the custody of a person for 9 years was found to be sufficient to entitle him to be released on bail, is now turned into custody for 11 years. This is nothing but 5 reincarnation of Hussainara Khatoon & Moti Ram.”
Related:
Victory! CJP puts up an 11 month fight to prove citizenship of Omesha bibi, a farmer’s wife
Victory! CJP helps secure release of 9 Detention Camp inmates in Assam
CJP Impact: Mother of five becomes 32nd inmate to be released from Assam Detention Camp
Victory! CJP helps two more Assam detention camp inmates get released on bail
Detention Camp survivor’s family pleads that they be spared further misery
Bail not jail: Cases where the Supreme Court stood for liberty in 2022
CJP Victory! Mumna Bano, an 82 year-old widow, gets released from jail by Team CJP after surety amount of 7,000 is paid
After spending 8 years in jail, despite the grant of bail, Bano gets to come home to her daughters and grandchildren
After spending eight years in jail, Mumna Bano, a 82 year-old woman and wife of late Wahab, finally got to return to her house in Hukulganj, where she had lived with her two daughters and four grandchildren before she was sent off to jail on false charges in 2015.
How and when did this happen?
Mumna Bano, a resident of house Hukulganj, Thana Cantt, District Varanasi, was released from jail on May 16. Languising in jail for eight long years she was unable to get herself released due to the family’s impoverishment. Bano had been jailed (Case Crime No. 626/2015), where she had remained in jail for eight years. Despite having been granted bail, she was not able to come out of jail because she was unable to deposit the fine of Rs.7000 in the court. She was the oldest among 200 female prisoners in the jail.
Since October-November 2022, the Supreme Court of India has been highlighting the tragedy of such similar cases where, because of non-payment of surety amount, under trials languish in jail. It was David D’Costa of Bengaluru who took on this noble task, urging CJP with its wide network to locate such cases to ensure their release. D’Costa had been struck by recent Supreme Court observations in similar cases. “I want people to hear about Munna’s release so this step we have taken spirals into a movement,” D’Costa told CJP. “This is a travesty of justice, I am doing my bit for at least four more such deserving persons. “In May and November 2022 when I read of over 300 such persons languishing in our jails –under trials whose inability to furnish bail bonds and surety bonds has left them with no option but to stay in prison, I acted. I have resolved to personally put up money for at least five such prisoners.”
A unique breakthrough
Citizens for Justice and Peace, a human rights organisation dedicated to protecting and uplifting the underprivileged, has been working tirelessly to assist those who are oppressed and systematically ignored. To be able to assist Mumna Bano in reaching her destination represents a collective and collaborative victory of those who believed in the organisation and donated to further its mission. The donation by the donor will allow the CJP team to release four more deserving prisoners. CJP aspires to assist many others, such as Mumna Bano, in fighting state-sanctioned oppression.
CJP and team takes over Bano’s case:
CJP’s team, led by Dr Muniza Khan, met the jailer several times, speaking with them about our intention to help five such prisoners from the underprivileged society, and help them come out of the jail. The first name that the jailer gave CJP was that of Bano, telling the team that she is very old, and if a deposit of Rs. 7000 could be made on her behalf, then she would be able to walk out of jail. Taking over her case, and seeking the help of lawyers, the team deposited the fine in the court on May 15, post which Bano was released from jail. On the evening of May 16, 2023, Bano’s daughter went to the jail to pick her up and bring her home. Speaking to the team, Bano told us how the economic condition of her family was so bad that despite having been granted bail, she was not able to pay Rs. 7000, and thus, had to stay in jail for all these years.
Also Read
Bano has by now, spent eight long years of her life lodged in Chowkghat jail of Varanasi. Her crime? The case made out against her was that Bano’s daughter-in-law was burnt due to an explosion of the stove for which she was indicted. Bano explains that after the accident, she had immediately taken her daughter-in-law to a government hospital, namely Kabir Chaura government hospital, where she was also admitted. At the hospital, Bano’s daughter-in-law had even given a statement saying that, “I was accidentally burnt due to the explosion of stove, and there is no fault of my own or in-laws”. But, since the daughter-in-law tragically died in this accident, her parents filed a case against Bano and her son under Section-498A, 304B and Section-3/4 of the Indian Penal Code Dowry Resistance Act in Police Station Cantt, District Varanasi.
It was the day after her release that team CJP reached Bano’s house around noon to meet her. After walking for about 15 minutes, along with Bano’s daughter, passing through the narrow and crooked lanes well inside the road, the team reached Mumna's house. The house was just a dilapidated small room. Bano was sitting on a mat on the floor in that room while the food was being cooked by burning wood at a small place outside the room.
Expressing her gratitude, Bano thanked all those people who helped her deposit her fine. When Bano was asked how she came to know that she had been released, she replied that “The jailer called me and said that now you will be released, and your fine of Rs 7000 has been deposited by an organisation. I was very happy to hear that now I will go home, I am being released. My daughter came to pick me up, and I got to come home with her. When I reached home, I could not recognise my daughter's children. Because the kids have grown up a lot. My grandchildren also could not recognised me. My daughter made halwa for me on the occasion of my arrival. My neighbours and relatives also came to visit”.
Bano seemed very happy to just get together with her daughters and her grandchildren. When the team asked Bano’s daughter regarding how she was feeling, she said that “seeing my mother at her home, I could just not believe that she is here with us. It was not expected that my old mother would come out of jail. Where did we have so much money that we could get our mother out of jail? We all are very happy and think that even today good people are here who help poor people.”
Bano’s life in jail:
When the team who had gone to meet her at her house asked Bano what she ate in jail, she replied, “dal, roti aur ghas-phoos khane ko milta tha”. Ghass – phoos here means cheap saag, she explains. Bano also said that she had lost her eyesight in jail due to a cataract. Even when the jailer admitted Bano to a government hospital for receiving a cataract operation, her eyesight did not return completely.
She also mentioned that towards the beginning of her incarnation, the jailers used to make Bano do some work. But then, considering her old age, the jailer stopped making her do any work. While she spoke about other aspects about her life in jail, she stressed on the solidarity and togetherness she experienced with women in the cell. When the team asked Bano whether she faced any kind of discrimination while living amongst women prisoners inside the jail, Bano said that this was not the case, and that they all live together.
Bano also spoke about a female prisoner named Nandini, who had helped her a lot during her jail time. She fondly remembered how Nandini would always wash Bano’s clothes, bring her food and would always take care of her. She told the team that Nandini was also getting released from the jail on May 18. When the team asked her whether she would like to meet Nandini, Bano replied by saying that she would definitely meet Nandini. She said that Nandini's house was about 15 kilometres away from her house.
Bano has five daughters and a son. Since her husband had died an early death, she had to bring up her children by making beedis for a living. All her daughters had gotten married. Today, one daughter is a widow with four small children, the other is abandoned and has no children, while the remaining three live outside Banaras. Bano’s son is in jail. Bano lives with her two daughters and her four grandchildren in a small room. These seven people live in a small room of 12 feet x 12 feet.
SC directions on languishing under trials
In May 2022, a Supreme Court bench had issued the following directions related to similar cases.
Directions passed in the order passed on May 9, 2022:
-
“Every High Court shall give us details of all such orders which remain to be complied with and about the persons concerned who are still languishing in jail. One of the ways to address the problem would be to have a register and maintain the figures as to in how many matters orders directing release of the persons on bail were issued and if out of such total number of matters, any person stood deprived of the opportunity of being released on bail for some reason or the other. The Register must indicate the reason including whether proper security etc. could be arranged by the concerned person or not. Such matters should then be listed before the concerned court in the succeeding month and the fact that the person has not yet been released on bail, be brought to the notice of the concerned Court under whose orders the relief of bail was afforded to the person(s).
-
Let the details be given by each High Court within six weeks from today. Before parting, we must record that the petitioner has now been released on bail. In effect, where the custody of a person for 9 years was found to be sufficient to entitle him to be released on bail, is now turned into custody for 11 years. This is nothing but 5 reincarnation of Hussainara Khatoon & Moti Ram.”
Related:
Victory! CJP puts up an 11 month fight to prove citizenship of Omesha bibi, a farmer’s wife
Victory! CJP helps secure release of 9 Detention Camp inmates in Assam
CJP Impact: Mother of five becomes 32nd inmate to be released from Assam Detention Camp
Victory! CJP helps two more Assam detention camp inmates get released on bail
Detention Camp survivor’s family pleads that they be spared further misery
Bail not jail: Cases where the Supreme Court stood for liberty in 2022
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Govt teacher suspended for FB post critical of K’ka CM Siddaramaiah’s freebies
TUMAKURU: The Times of India has reported the suspension of a teacher of a government lower primary school in Kanubehalli, Hosadurga taluk, Chitradurga district only because the teacher, in Facebook posts criticised newly sworn-in chief minister Siddaramaiah for his fiscal policies.
In the Facebook post, Shanthamurthy MG said “debt during the tenure of former chief ministers SM Krishna was Rs 3,590 crore, Dharam Singh Rs 15,635 crore, HD Kumaraswamy Rs 3,545 crore, BS Yeddiyurappa Rs 25,653 crore, DV Sadananda Gowda Rs 9,464 crore, Jagadish Shettar Rs 13,464 crore and Siddaramaiah Rs 2,42,000 crores (sic)”.
The teacher reportedly went on to state that loans incurred by chief ministers from the time of Krishna to Shettar was Rs 71,331 crore but it touched Rs 2,42,000 crore during Siddaramaiah’s reign. “Hence it is easy for him to announce freebies,” the post read.
K Ravishankar Reddy, deputy director of public instruction, Chitradurga district, told TOI, “Based on the Facebook post, I have directed the block education officer of Hosadurga taluk L Jayappa to suspend the teacher as he has violated Karnataka Civil Services (Conduct) Rules – 1966. ” A departmental inquiry will be conducted before further action is taken.
Govt teacher suspended for FB post critical of K’ka CM Siddaramaiah’s freebies
TUMAKURU: The Times of India has reported the suspension of a teacher of a government lower primary school in Kanubehalli, Hosadurga taluk, Chitradurga district only because the teacher, in Facebook posts criticised newly sworn-in chief minister Siddaramaiah for his fiscal policies.
In the Facebook post, Shanthamurthy MG said “debt during the tenure of former chief ministers SM Krishna was Rs 3,590 crore, Dharam Singh Rs 15,635 crore, HD Kumaraswamy Rs 3,545 crore, BS Yeddiyurappa Rs 25,653 crore, DV Sadananda Gowda Rs 9,464 crore, Jagadish Shettar Rs 13,464 crore and Siddaramaiah Rs 2,42,000 crores (sic)”.
The teacher reportedly went on to state that loans incurred by chief ministers from the time of Krishna to Shettar was Rs 71,331 crore but it touched Rs 2,42,000 crore during Siddaramaiah’s reign. “Hence it is easy for him to announce freebies,” the post read.
K Ravishankar Reddy, deputy director of public instruction, Chitradurga district, told TOI, “Based on the Facebook post, I have directed the block education officer of Hosadurga taluk L Jayappa to suspend the teacher as he has violated Karnataka Civil Services (Conduct) Rules – 1966. ” A departmental inquiry will be conducted before further action is taken.
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Victory! CJP puts up an 11 month fight to prove citizenship of Omesha bibi, a farmer’s wife
After eleven months of hard work by the CJP legal team to disprove the false accusations of being an “illegal immigrant”, Omesha Khatun Bibi can finally breathe a sigh of relief
Omesha Khatun Bibi, a resident of Assam who had been “suspected of being a foreigner” by a Foreigners’ Tribunal (FT) in Goalpara District, Assam, has now been declared an Indian citizen. Citizens for Justice and Peace (CJP) came to the aid of Omesha bibi, a marginalized individual who had suffered at the hands of the state, and assisted her in defending her rights and proving her citizenship. Our on ground team working in close to two dozen districts ensured that justice prevailed for Omesha Begum.
Omesha was born and brought up at village Haribhanga under Fulbari Police station of West Garo Hills, Meghalaya about 55 years ago. She was a daughter to Sopial Sheikh and Saleha bibi. On April 15, 1983, she got married to Mojaffar Hosen, son of late Naibulla Sheikh of Village Dharai under Lakhipur police station Goalpara Assam. Omesha bibi lived a hand to mouth life, where she and her husband, who is a farmer, made a living by farming and selling vegetables. Omesha bibi came from a very poor family, both educationally and socially.
The FT notice, and the case against Omesha Bibi
Omesha bibi became extremely concerned after receiving the FT notice, anxiety consumed her and she even stopped eating. The CJP team then took over her case and fought it in the Tribunal. The case against Omesha bibi was based on the allegations that “she had illegally entered the territory of India between the period of January 1, 1966 and March 24, 1971, or post March 25, 1971,” and has been living in India illegally since then. The CJP’s legal team meticulously garnered facts and legally valued documents that established that these allegations were baseless and thereafter put the comprehensive case in defence before the Tribunal. Our legal team argued as to how could Omesha bibi, who was born in Meghalaya and married in Assam, be suspected of being a foreigner in this arbitrary fashion?
The arguments relied upon by the CJP legal team
Arguments proferred by CJP’s legal team also highlighted hat the investigation officer of the case had neither visited Omesha bibi’s house, nor asked to produce any documents regarding her citizenship or nationality. Additionally, in spite of not conducting a fair investigation or a proper enquiry, the investigation officer falsely submitted a report in the case against her.
The CJP legal team, using all the documentary proof listed below, asserted that Omesha bibi is Indian by birth, and that only was she born and brought up in India, even her parents and her grandparents where born in this country, and they have sufficient documents to prove them.
Establishing the family line:
The background of the parents and grandparents of Omesha bibi was then established by the CJP legal team. Omesha bibi’s father and grandfather were born and brought up in village Takimari, which falls under the South Salmara Police Station of then Goalpara District and now Dhubri district of Assam. Notably, Omesha’s father name has been recorded along with her grandparents and uncle in the copy of the N.R.C conducted in 1951. The name of her grandfather, along with her uncle name, has been recorded in the Final Khatian of Land Revenue Record on 1962.
It was then also provided to the Tribunal that due to the soil erosion caused by the Brahmaputra river, Omesha’s grandparents, along with the father and other family members, had to shift from the village of Takimari under South Salmara Police station, then Goalpara now Dhubri, Assam into the village of Haribhanga. Village Haribhanga fell under the jurisdiction of Fulbari police station of the West Garo Hills district of the state of Meghalaya in the year of 1964. Notably, the name of Omesha’s parents, along with grandparents, had also been recorded in the voter list of the years 1977 and 1983 in the state of Meghalaya. All these documents proving her lineage were presented to the court to disprove the assertion made in the FT notice that Omesha bibi entered India illegally.
In addition to the above-mentioned documents, the land documents of the year 1986 were also provided. Apart from this, documents showing Omesha bibi’s own name in the voter list of the years 1985, 1997, till the year 2022 were provided. In short, Omesha bibi provided all the necessary documents in the court that were needed to prove her citizenship as an Indian.
The legal battle and the tribunal’s decision
The basis of the case against Omesha bibi relied on the accusation levelled against her that she had entered India illegally. To prove the said allegation to be completely false and baseless, the CJP legal team rigorously fought for her in the Goalpara foreigner’s tribunal. Even though accessing the documentation and proofs was extremely difficult and challenging, the dedicated CJP team accomplished the task. And, after eleven months of hard work by the CJP team, Omesha has now finally been declared an Indian citizen by the FT!
On May 18, 2023, on behalf of the CJP Assam team, Nanda Ghosh, the state-incharge of the Assam team, Advocate Ashim Mubarak, CJP legal team member, and Jeshmin Sultana and Reshminara Begum, DVMs of Goalpara, met with Omesha Bibi to handover the judgment copy of her case. Omesha bibi and her husaband were full of happiness and relief to have received a positive judgement in her case.
“May Allah bless you,” Omesha and her husband said, blessing the team. Her husband added, “We are poor and simple people, who got so very worried having received the FT notice.”
Omesha bibi then told the CJP team, “even though I was scared, I was always praying a dua for you during namaz.”
The order of the FT court can be read here:
Related:
Assam: CJP Advocates for Women Confronting the Uphill Battle of Citizenship
Victory! CJP helps secure release of 9 Detention Camp inmates in Assam
CJP Impact: Mother of five becomes 32nd inmate to be released from Assam Detention Camp
Victory! CJP helps two more Assam detention camp inmates get released on bail
Detention Camp survivor’s family pleads that they be spared further misery
Victory! CJP puts up an 11 month fight to prove citizenship of Omesha bibi, a farmer’s wife
After eleven months of hard work by the CJP legal team to disprove the false accusations of being an “illegal immigrant”, Omesha Khatun Bibi can finally breathe a sigh of relief
Omesha Khatun Bibi, a resident of Assam who had been “suspected of being a foreigner” by a Foreigners’ Tribunal (FT) in Goalpara District, Assam, has now been declared an Indian citizen. Citizens for Justice and Peace (CJP) came to the aid of Omesha bibi, a marginalized individual who had suffered at the hands of the state, and assisted her in defending her rights and proving her citizenship. Our on ground team working in close to two dozen districts ensured that justice prevailed for Omesha Begum.
Omesha was born and brought up at village Haribhanga under Fulbari Police station of West Garo Hills, Meghalaya about 55 years ago. She was a daughter to Sopial Sheikh and Saleha bibi. On April 15, 1983, she got married to Mojaffar Hosen, son of late Naibulla Sheikh of Village Dharai under Lakhipur police station Goalpara Assam. Omesha bibi lived a hand to mouth life, where she and her husband, who is a farmer, made a living by farming and selling vegetables. Omesha bibi came from a very poor family, both educationally and socially.
The FT notice, and the case against Omesha Bibi
Omesha bibi became extremely concerned after receiving the FT notice, anxiety consumed her and she even stopped eating. The CJP team then took over her case and fought it in the Tribunal. The case against Omesha bibi was based on the allegations that “she had illegally entered the territory of India between the period of January 1, 1966 and March 24, 1971, or post March 25, 1971,” and has been living in India illegally since then. The CJP’s legal team meticulously garnered facts and legally valued documents that established that these allegations were baseless and thereafter put the comprehensive case in defence before the Tribunal. Our legal team argued as to how could Omesha bibi, who was born in Meghalaya and married in Assam, be suspected of being a foreigner in this arbitrary fashion?
The arguments relied upon by the CJP legal team
Arguments proferred by CJP’s legal team also highlighted hat the investigation officer of the case had neither visited Omesha bibi’s house, nor asked to produce any documents regarding her citizenship or nationality. Additionally, in spite of not conducting a fair investigation or a proper enquiry, the investigation officer falsely submitted a report in the case against her.
The CJP legal team, using all the documentary proof listed below, asserted that Omesha bibi is Indian by birth, and that only was she born and brought up in India, even her parents and her grandparents where born in this country, and they have sufficient documents to prove them.
Establishing the family line:
The background of the parents and grandparents of Omesha bibi was then established by the CJP legal team. Omesha bibi’s father and grandfather were born and brought up in village Takimari, which falls under the South Salmara Police Station of then Goalpara District and now Dhubri district of Assam. Notably, Omesha’s father name has been recorded along with her grandparents and uncle in the copy of the N.R.C conducted in 1951. The name of her grandfather, along with her uncle name, has been recorded in the Final Khatian of Land Revenue Record on 1962.
It was then also provided to the Tribunal that due to the soil erosion caused by the Brahmaputra river, Omesha’s grandparents, along with the father and other family members, had to shift from the village of Takimari under South Salmara Police station, then Goalpara now Dhubri, Assam into the village of Haribhanga. Village Haribhanga fell under the jurisdiction of Fulbari police station of the West Garo Hills district of the state of Meghalaya in the year of 1964. Notably, the name of Omesha’s parents, along with grandparents, had also been recorded in the voter list of the years 1977 and 1983 in the state of Meghalaya. All these documents proving her lineage were presented to the court to disprove the assertion made in the FT notice that Omesha bibi entered India illegally.
In addition to the above-mentioned documents, the land documents of the year 1986 were also provided. Apart from this, documents showing Omesha bibi’s own name in the voter list of the years 1985, 1997, till the year 2022 were provided. In short, Omesha bibi provided all the necessary documents in the court that were needed to prove her citizenship as an Indian.
The legal battle and the tribunal’s decision
The basis of the case against Omesha bibi relied on the accusation levelled against her that she had entered India illegally. To prove the said allegation to be completely false and baseless, the CJP legal team rigorously fought for her in the Goalpara foreigner’s tribunal. Even though accessing the documentation and proofs was extremely difficult and challenging, the dedicated CJP team accomplished the task. And, after eleven months of hard work by the CJP team, Omesha has now finally been declared an Indian citizen by the FT!
On May 18, 2023, on behalf of the CJP Assam team, Nanda Ghosh, the state-incharge of the Assam team, Advocate Ashim Mubarak, CJP legal team member, and Jeshmin Sultana and Reshminara Begum, DVMs of Goalpara, met with Omesha Bibi to handover the judgment copy of her case. Omesha bibi and her husaband were full of happiness and relief to have received a positive judgement in her case.
“May Allah bless you,” Omesha and her husband said, blessing the team. Her husband added, “We are poor and simple people, who got so very worried having received the FT notice.”
Omesha bibi then told the CJP team, “even though I was scared, I was always praying a dua for you during namaz.”
The order of the FT court can be read here:
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Strong condemnation after ED questions researcher Navsharan Singh
Singh had been an active supporter of people’s movements and a prominent participant in the farmers' protests that shook the Union government in 2020-21.
Dozens of individuals and organisations, from India and abroad – civil society organisations, academics, farmers’ unions – have expressed their solidarity with researcher, author and activist Navsharan Singh, who was questioned by the Enforcement Directorate (ED) for seven hours on May 10. She was summoned under the Prevention of Money Laundering Act (PMLA).
Singh has been an active and prominent supporter of and participant in the farmers’ protests that shook the Union government in 2020-21 – leading to Prime Minister Narendra Modi finally recalling three contentious farm laws his government had introduced. She is also on the board of Aman Biradari, a trust headed by rights activist Harsh Mander. During the day long questioning, Singh was reportedly asked about her association with Aman Biradri and the case against Mander.
The Samkyukt Kisan Morcha, the umbrella body of farmers’ groups that had spearheaded the protests, has released a strong statement saying, “It may be kept in mind that Dr. Navsharan was one of the leading supporters of the historic farmers movement at the borders of Delhi and took the message of the farmers to an international audience. There is no doubt that Modi Govt. is taking revenge on her for supporting the farmers and SKM shall extend all support to her in her quest for justice.”
Joginder Singh Ugrahan of the Bharatiya Kisan Union Ekta (Ugrahan) has also said that the researcher is being targeted for raising her voice against the Modi government. He also alleged that like the Unlawful Activities (Prevention) Act, the PMLA is being used to target and harass dissenting voices.
The All India Kisan Sabha has similarly the ED’s move, “the BJP Government’s sinister attempts to harass activist and supporter of the farmers’ struggle, Dr. Navsharan Singh”.
The All India Union of Forest Working People (AIUFWP)has also released a statement expressing solidarity, saying, “We see this act of ED a vilified and notorious act to target the intellectuals and activists to help the fascist regime to eliminate all the dissenting voices that questions the present fascist Government.”
The Indian People’s Theatre Association (IPTA) has dubbed Singh’s questioning by ED as “unfortunate” and “undemocratic”. Navsharan Singh has a PhD in political science from Carleton University in Canada. More than 20 organisations from Canada have also issued a joint statement in support of Singh, linking the ED’s action to the Modi government’s arrests and targeting of other progressive voices. “An accomplished scholar and women’s rights activist in South Asia, Dr. Singh also has a long history of grassroots work and has taken the baton of such work from her late father [eminent theatre personality Gursharan Singh]. By reaching out to the impoverished and the disenfranchised in rural Punjab and elsewhere, her support and advocacy work has earned her the love and respect of the masses, as was evident when she courageously supported the Indian farmers’ struggle against the draconian laws of the Modi government in 2020-2021. …To those of us who have known or are familiar with Dr. Navsharan Singh and her grassroots and academic work, her harassment by the regime’s investigative agencies is outrageous and unacceptable, and must be resolutely opposed,” the statement reads.
Related:
Enforcement Directorate raids activist Harsh Mander’s home, orphanage, offices
Strong condemnation after ED questions researcher Navsharan Singh
Singh had been an active supporter of people’s movements and a prominent participant in the farmers' protests that shook the Union government in 2020-21.
Dozens of individuals and organisations, from India and abroad – civil society organisations, academics, farmers’ unions – have expressed their solidarity with researcher, author and activist Navsharan Singh, who was questioned by the Enforcement Directorate (ED) for seven hours on May 10. She was summoned under the Prevention of Money Laundering Act (PMLA).
Singh has been an active and prominent supporter of and participant in the farmers’ protests that shook the Union government in 2020-21 – leading to Prime Minister Narendra Modi finally recalling three contentious farm laws his government had introduced. She is also on the board of Aman Biradari, a trust headed by rights activist Harsh Mander. During the day long questioning, Singh was reportedly asked about her association with Aman Biradri and the case against Mander.
The Samkyukt Kisan Morcha, the umbrella body of farmers’ groups that had spearheaded the protests, has released a strong statement saying, “It may be kept in mind that Dr. Navsharan was one of the leading supporters of the historic farmers movement at the borders of Delhi and took the message of the farmers to an international audience. There is no doubt that Modi Govt. is taking revenge on her for supporting the farmers and SKM shall extend all support to her in her quest for justice.”
Joginder Singh Ugrahan of the Bharatiya Kisan Union Ekta (Ugrahan) has also said that the researcher is being targeted for raising her voice against the Modi government. He also alleged that like the Unlawful Activities (Prevention) Act, the PMLA is being used to target and harass dissenting voices.
The All India Kisan Sabha has similarly the ED’s move, “the BJP Government’s sinister attempts to harass activist and supporter of the farmers’ struggle, Dr. Navsharan Singh”.
The All India Union of Forest Working People (AIUFWP)has also released a statement expressing solidarity, saying, “We see this act of ED a vilified and notorious act to target the intellectuals and activists to help the fascist regime to eliminate all the dissenting voices that questions the present fascist Government.”
The Indian People’s Theatre Association (IPTA) has dubbed Singh’s questioning by ED as “unfortunate” and “undemocratic”. Navsharan Singh has a PhD in political science from Carleton University in Canada. More than 20 organisations from Canada have also issued a joint statement in support of Singh, linking the ED’s action to the Modi government’s arrests and targeting of other progressive voices. “An accomplished scholar and women’s rights activist in South Asia, Dr. Singh also has a long history of grassroots work and has taken the baton of such work from her late father [eminent theatre personality Gursharan Singh]. By reaching out to the impoverished and the disenfranchised in rural Punjab and elsewhere, her support and advocacy work has earned her the love and respect of the masses, as was evident when she courageously supported the Indian farmers’ struggle against the draconian laws of the Modi government in 2020-2021. …To those of us who have known or are familiar with Dr. Navsharan Singh and her grassroots and academic work, her harassment by the regime’s investigative agencies is outrageous and unacceptable, and must be resolutely opposed,” the statement reads.
Related:
Enforcement Directorate raids activist Harsh Mander’s home, orphanage, offices
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Gauri, a film on journalist-activist Gauri Lankesh wins international award: Montreal 2023
At the South Asian festival in Montreal, the Best Long Documentary Award recently
Image Courtesy: currentaffairs.adda247.com
“Gauri” a documentary based on journalist and activist Gauri Lankesh , directed by sister, and film director Kavitha Lankesh has won the “Best Long Documentary Award” at South Asian Film Festival of Montreal 2023.
The citation of the award reads “A brave and uncompromising pulse-taking of the current crisis in Indian politics, focusing on the 2017 political assassination of trailblazing Bengaluru journalist Gauri Lankesh. A “J’accuse” docu-thriller directed and narrated with verve by Gauri’s sister, Kavitha Lankesh”.
Another documentary, an Indian entry, “All That Breathes”, which was an Oscar nominee was also in competition and won the runner up. The documentary film “Gauri” has been commissioned by Free Press Unlimited, Amsterdam. Free press Unlimited mission stems from Article 19 of the Universal Declaration of Human Rights : Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Related:
Five years since we lost Gauri Lankesh
Gauri Lankesh memorialised as Journalist killed in Line of Duty
Gauri, a film on journalist-activist Gauri Lankesh wins international award: Montreal 2023
At the South Asian festival in Montreal, the Best Long Documentary Award recently
Image Courtesy: currentaffairs.adda247.com
“Gauri” a documentary based on journalist and activist Gauri Lankesh , directed by sister, and film director Kavitha Lankesh has won the “Best Long Documentary Award” at South Asian Film Festival of Montreal 2023.
The citation of the award reads “A brave and uncompromising pulse-taking of the current crisis in Indian politics, focusing on the 2017 political assassination of trailblazing Bengaluru journalist Gauri Lankesh. A “J’accuse” docu-thriller directed and narrated with verve by Gauri’s sister, Kavitha Lankesh”.
Another documentary, an Indian entry, “All That Breathes”, which was an Oscar nominee was also in competition and won the runner up. The documentary film “Gauri” has been commissioned by Free Press Unlimited, Amsterdam. Free press Unlimited mission stems from Article 19 of the Universal Declaration of Human Rights : Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Related:
Five years since we lost Gauri Lankesh
Gauri Lankesh memorialised as Journalist killed in Line of Duty