Democratic Illusions Infect Judiciary in India’s Repressive State

[The Indian state, thoroughly repressive toward over 90% of the people in India, has often claimed, since being “granted” independence by the British Empire, that it is democratic, even “the world’s largest democracy.”  This claim is belied by the brutal displacement and oppression of the majority of the people–the adivasis, dalits, the peasantry, the women of the oppressed castes and classes, Muslims, political opponents of the neo-colonial, semi-feudal state and their imperialist masters, and the Maoists (and all other opponents loosely, and falsely, labelled “Maoists”).  As the opposition continues to grow against the oppressive police state, the contradiction with the democratic myth has grown sharply, infecting even the ranks of the repressive judiary.  The rebellious people will carefully study how these “democratic dissidents in high places” will be dealt with by the repressive “powers-that-be”.  —  Frontlines ed.]

Person can’t be taken into custody just because he is a Maoist, Kerala HC rules

Person can’t be taken into custody just because he is a Maoist, Kerala HC rules

Justice AM Muhammed Mushtaq said that a Maoist can be arrested and put behind the bars only if he or she indulges in unlawful or anti-national activities.

KOCHI: In a significant development, the Kerala high court made it clear that a Maoist cannot be taken into police custody just because of his political leanings.  Justice A M Muhammed Mushtaq, in his order on Friday, said that a Maoist can be arrested and put behind bars only if he or she indulges in unlawful or anti-national activities.  “Being a Maoist is no crime, though the political ideology of Maoists would not synchronise with our constitutional polity. It is a basic human right to think in terms of human aspirations,” Justice Mushtaq said in his order.The court was hearing a petition filed by Shyam Balakrishnan of Wayanad stating that he was arrested and harassed by the Thunderbolt team — a special police unit – for alleged Maoist links. The court ordered a compensation of Rs one lakh for the petitioner and also asked to state to pay litigation costs of Rs 10, 000. Continue reading

India jailed a revolutionary, but they can’t jail the revolution

FREE DR. GN SAIBABA!

FREE ALL POLITICAL PRISONERS!

One year passed since the abduction-arrest of GN Saibaba by Indian state. With a 90 per cent disability Saibaba is lecturer of English at Ramlal Anand College, Delhi University and he is being deprived of proper medication and care that is needed for his safety and life. In the year he’s been in prison, his physical condition has deteriorated alarmingly. He is in constant, excruciating pain.

But he is denied of bail like many other in India and his ‘crime’ is to speak for the oppressed masses, Adivaisi, Dalits and Muslims.

To know more about him and his case (and many others), read Arundhati Roy’s article at:

http://www.outlookindia.com/article/professor-pow/294265

Writer, composer and singer of this song is Doc Jazz, and it was originally composed for the Palestinian activist Samer Issawi. Visit his site for more detail:

http://www.docjazz.com/index.php/articles/41-news/songnews/241-new-song-hungry-samer-issawi

“Independent India” Uses British Empire’s “Sedition” Laws to Suppress Dissent

The theatrical trailer of COURT, a winner of 17 International awards  An Indian reviewer said the film is a “remarkably assured, engrossing study of the power of the law and order machinery to crush protest through delays, deferred hearings and demands for further evidence.”  Forbes magazine in India said Chaitanya Tamhane, the director, is “Indian cinema’s new voice of subversion.”

Synopsis: A sewerage worker’s dead body is found inside a manhole in Mumbai. An ageing folk singer is tried in court on charges of abetment of suicide. He is accused of performing an inflammatory song which might have incited the worker to commit the act. As the trial unfolds, the personal lives of the lawyers and the judge involved in the case are observed outside the court.

.  .  .  .  .  .

A Law Less Majestic

Sanctioned by an archaic law and other draconian legislation, “sedition against the state” is a handy tool to fell voices of dissent
Ushinor Majumdar, Outlook India Magazine, week of May 18, 2015
SEDITION  —  Section 124A, Indian Penal Code, 1860: “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India.”
Punishment: Fine, or imprisonment of three years to life. Shall be punished with 104 (im­prisonment for life), to which fine may be added, or with impris­onment which may extend to three years, to which fine may be added, or with fine.
Exception: Criticism, to be determined by the judiciary
UAPA  —  Unlawful Activities Prevention Act, 1967: Following a constitutional amendment, UAPA was enacted to “impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India, on the (i) freedom of speech and expression (ii) right to assemble peaceably and without arms and (iii) right to form associations or unions” 

Punishment: Penalties ranging from five years to life imprisonment along with fines. If the offence leads to loss of life, a death sentence can be awarded.
Unlawful associations: Secessionist and terrorist associations; to be determined and notified by ministry of home affairs

***

Behind every man who has been labelled ‘seditious’ by the State is a law that goes back 155 years. Section 124A of the Indian Penal Code dates to 1860, three years after the British were rattled by what came to be known as the Sepoy Mutiny. There is also the Unlawful Activities Prevention Act, a handy tool to silence ‘dangerous’ people with ‘dangerous’ ideas. Why, a week before it was held unconstitutional, Samajwadi Party leader and UP cabinet minister Azam Khan used Section 66A of the Information Technology Act to penalise a Class 11 student in Rampur, Uttar Pradesh.
The police are arbitrary and indiscriminate in the use of the sedition law, arresting people even for activities like singing, acting in street plays, reciting poems, painting graffiti on walls, not standing up during the national anthem or for cheering the Pakistani cricket team. These have, of course, usually accompa­nied the more serious charges of sympathising, funding or acting with Maoists or suspected terror organisations.

India: Political Prisoner Saibaba on Hunger Strike for Basic Rights

Press Release

Committee for the Release of Political Prisoners

Condemn The Continuing Incarceration And Violation Of The Rights And Dignity Of Political Prisoner Dr. G N Saibaba!
  • The Case Of Dr. G N Saibaba Exposes The Vindictive Nature Of A Legally Challenged System!
  • Release Dr. G N Saibaba Unconditionally!

 

Image result for Dr. GN Saibaba

Eleven months have passed after Dr. GN Saibaba was abducted from the Delhi University North Campus premises on 09 May 2014 by the Maharashtra police. Dr. Saibaba was produced in the remote far flung Aheri police station in the Maharashtra-Chhattisgarh border to be charged under several sections of the worst draconian legislation the UAPA. Dr. GN Saibaba, joint secretary of the Revolutionary Democratic Front (RDF) and a tireless campaigner against the policies of loot and plunder of the successive governments in India, euphemistically called as Operation Green Hunt (OGH) had become the target of ire of the state with mounting criticism from the opinionated sections of the progressive, liberal middle-class as well as the rising protests of the vast sections of the people against the so-called development policies of the government which would and is resulting in the loss of livelihoods of hundreds of thousands of dalits and adivasis—the poorest of the poor in the subcontinent.

In the last eleven months of his incarceration, Dr. Saibaba has repeatedly brought before the court as well as the jail authorities the pressing need for his grant of bail, not on any humanitarian grounds, but on the merit of law as sanctioned by the provisions that are there for the differently-abled. He has pointed out to the judge in many of the video conferences—as he was produced in the court only once and the rest of the dates of hearing / production have been met through the video conference facility, which is also a grievous infringement of his fundamental right—that the facilities in the Nagpur Central Jail are little or none to meet even the survival requirements of a 90 percent disabled and wheel chair bound person like him. But as we can see, the court preferred to stand by the prosecution, in an atmosphere vitiated by the media which profiled the wheel chair bound activist academic as a dreaded and dangerous demagogue having links with a proscribed organization, the CPI (Maoist). In the due course of his fight for justice through his lawyers, Dr. Saibaba’s plea for bail was twice rejected by the Sessions Court of Gadchiroli and once by the Nagpur bench of the Maharashtra High Court. But the facts can’t be belied. Saibaba’s concern about his fragile health grew larger as he was diagnosed with a bend spinal cord resulting in rib crowding and the lungs getting affected. Being a heart patient the troubles with his heart further compounded and the latest medical report requires him to undergo an angiography the post-recovery of which can be fatal in the prison stay. Further tests showed stones in the gall bladder. Continue reading

Remembering Robert Weil: Intellectual and Political Activist

Robert Emil Weil Obituary

Robert Weil, 1940-2014

by Swapna Banerjee-Guha

Red Cat, White Cat: China and the Contradictions of Market Socialism

Robert Weil, author of the powerful critique of Deng Xiaoping’s “reforms” entitled Red Cat, White Cat: China and the Contradictions of Market Socialism (New York: Monthly Review Press, 1996, republished in India by Cornerstone Publications, Kharagpur), quietly passed away in California on 12 March 2014.  Almost a year after, on 15 February 2015 a memorial meeting was held in Santa Cruz, California at the Resource Center for Nonviolence where his family, friends, teachers and long-time comrades from near and far came together to share their memories.  Robert meant a lot to them and for many others across the globe, a true friend, a dear comrade whose political integrity, a rare characteristic in the current milieu, they value immensely, a committed activist and intellectual whose life they considered worthy on all counts particularly while imagining a better world.  Starting off as a student-activist at Harvard University in the late 1950s, right till his last days Robert Weil remained involved in solidarity work with oppressed people around the world.  Even in the face of indifferent health, he did not think twice to join such efforts.  His democratic values in pursuing left politics will remain an example to many for years to come. Continue reading

India: “Protracted People’s War at Hand,” Warns Top Maoist CPI

By Express News Service17th March 2015

HYDERABAD: The CPI (Maoist) sees new opportunities to advance ‘protracted people’s war’ with the Central Government  allegedly pursuing pro-imperialist and ‘country-selling’ policies at a faster pace and also advancing a Hindu-fascist agenda in various forms.

CPI (Maoist) general secretary Ganapathy, in an interview to Maoist Information Bulletin (MIB), a copy of which is with Express, spoke of the challenges his party has to overcome and on a host of other issues.

CPI(Maoist) Gen’l Secretary Ganapathy

“After coming to power, the BJP is implementing pro-imperialist, country-selling policies at a break-neck pace catering to the needs of foreign and Indian big capitalists and big landlords while, at the same time, advancing the Hindu-fascist agenda in various forms. Thus, there is need for uniting all democratic, progressive, secular and patriotic forces. Newer and more numerous classes, social sections, forces of society will be brought into the arena of struggle, and new opportunities for advancing the PPW will open up.“The situation around the world is becoming increasingly favourable for a revolution. “The imperialist world economy is still reeling under a serious crisis and all  fundamental contradictions in the world are sharpening. Consequently, the revolutionary, democratic and national liberation forces all over the world are gaining strength against imperialism and its domestic props. Maoist forces too are consolidating.”

Continue reading

India: Government Claims Operation Green Hunt is victorious

[But the truth lies elsewhere:  40,000 trained as Maoists in 10 years — Frontlines ed.]

Monday, 19 January 2015 | Place: New Delhi | Agency: dna
In the past 10 years, Communist Party of India (Maoists) organised as many as 489 training camps for more than 40,000 cadres who have been taught about the use of sophisticated weapons and guerrilla warfare, according to information obtained under the Right to Information (RTI) Act from the Ministry of Home Affairs (MHA).
  • file photo

    The revelations are significant as in the recent months several attacks on security personnel have been carried out by Maoists. These very 40,000 cadres have been trained over the years for such deadly attacks. The original number of cadres trained could be much higher as this is just the data which MHA has recorded. Continue reading