Incarceration of undertrials associated with "illegal" TU activity in Jharkhand termed violation of international law

An MSS rally before it was banned

By Our Representative
In an unprecedented move, the Jharkhand government has put four persons, accused of being associated with "illegal" trade union activity, Ajay Hembrum, Mohan Murmu, Daya Chand Hembrum and Damodar Turi, all of them undertrials, under solitary confinement, allowing them to mingle with other prisoners only twice a day for two hours.
Arrested and put in Giridih Central Jail after the crackdown on the Mazdoor Sangathan Samiti (MSS), a registered trade union, banned on December 22, the relatives of these prisoners have complained that the cells in which these undertrials have been kept are unclean and without any basic facilities.
Worse, according to the relatives, they are prevented from giving basic items like mosquito repellents, food and clothes to the four inmates, with the number of persons who can visit and the frequency of visits having been "arbitrarily curtailed."
Bringing this to light, a civil rights organization, Persecuted Prisoners’ Solidarity Committee (PPSC), led by veteran human rights activist Stan Swamy and trade union leader and lawyer Sudha Bhardwaj, have said that that Turi is not even a member of MSS.
In an email alert, PPSC has said, "These and other undertrial prisoners have been put in solitary confinement since March 23, 2018", adding, "In response, prisoners went on a hunger strike on March 27."
According to PPSC, following the hunger strike, "under pressure, since April 2 the jail administration allowed these prisoners to mingle with other prisoners only twice a day for two hours", calling the solitary confinement a "violation of the constitutional and statutory rights of prisoners as guaranteed by the law of the land."
According to PPSC, "It is unconstitutional and illegal to keep undertrial prisoners under solitary confinement in India. Solitary confinement is envisaged only for convicts (s.73, 74 IPC) and that too on compliance of strict statutory conditions." "Further", PPSC says, "it is only under an order of a Court that such confinement can be authorised (Sunil Batra v Delhi Administration, 1978 AIR 1675)", adding, "Internationally, solitary confinement is recognised as a form of torture."
Notably, India is a signatory to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1987.
MSS was declared an unlawful association under section 16 of the CLA Act, 1908, accused of being a “frontal organisation of the CPI (Maoist)." It has been working for the rights of doli mazdoor and other workers since 1989 in Giridih, Bokaro, Dhanbad, Hazaribagh, Ranchi, Ramgarh, Gaya, Kharsawan and Jhalda districts of Jharkhand.
Claiming to have membership of around 22,000 workers, MSS, says the PPSC email alert, has "exposed the fake encounter killing of one of their members Motilal Baske in June 2017, and has been protesting against the amendments to the land laws (Chotanagpur Tenancy Act 1908 and Santhal Pargana Act 1949) aimed at dispossessing Adivasis and Moolvasis of their land."
Says PPSC, "As part of the ongoing repression, the government has also banned another organisation Popular Front of India (PFI) in February leading to 3 FIRs, arrests of its members and sealing of their offices", adding, "PFI has been involved in exposing the role of administration and cow-vigilante groups in lynchings of Muslims and intimidation of their families."
Meanwhile, PPSC has demanded that the ban on MSS and PFI be revoked,cases against members of MSS and PFI be withdrawn, and persons incarcerated be released immediately.

Comments

Tyre cartel's monopoly: Farmers' groups seek legal fight for better price for raw rubber

By Our Representative The All India Kisan Sabha and the Kerala Karshaka Sangham that represents the largest rubber producing state of Kerala along with rubber farmers have sought intervention against the monopoly tyre companies that have formed a cartel against the interests of consumers and farmers. Vijoo Krishnan, AIKS General Secretary, Valsan Panoli, Kerala Karshaka Sangham General Secretary, and four farmers representing different rubber growing regions of Kerala have filed an intervention application in the Supreme Court.

Modi win may force Pak to put Kashmir on backburner, resume trade ties with India

By Salman Rafi Sheikh* When Narendra Modi returned to power for a second term in India with a landslide victory in 2019, his government acted swiftly. Just months after the election, the Modi government abrogated Article 370 of the Constitution of India. In doing so, it stripped the special constitutional status conferred on Jammu and Kashmir, India’s only Muslim-majority state, and downgraded its status from a state with its own elected assembly to a union territory administered by the central government in Delhi.

'Assault on civic, academic freedom, right to dissent': TISS PhD student's suspension

By Our Representative The Mumbai-based civil rights group All India Secular Forum (AISF) has said that the suspension of Tata Institute of Social Sciences (TISS) PhD student Ramadas Prini Sivanandan (30) for two years for allegedly indulging in activities which were "not in the interest of the nation" is meant to send out the message that students and educational institutes will be targeted if they don’t align with the agenda and ideology of the ruling regime. TISS in a notice served to Ramadas has cited that his role in screening the documentary 'Ram Ke Naam' on January 26 as a "mark of dishonour and protest" against the Ram Mandir idol consecration in Ayodhya. Another incident cited in the notice was Ramadas’ participation in the protest against unfair government policies in Delhi under the banner of the Progressive Students' Forum (PSF)-TISS. TISS alleges the institute's name was "misused", which wrongfully created an impression that

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah* The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual.

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor* Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Why it's only Modi ki guarantee, not BJP's, and how Varanasi has seen it up-close

"Development" along Ganga By Rosamma Thomas* I was in Varanasi in this April, days before polling began for the 2024 Lok Sabha elections. There are huge billboards advertising the Member of Parliament from Varanasi, Prime Minister Narendra Modi. The only image on all these large hoardings is of the PM, against a saffron background. It is as if the very person of Modi is what his party wishes to showcase.

Joblessness, saffronisation, corporatisation of education: BJP 'squarely responsible'

Counterview Desk In an open appeal to youth and students across India, several student and youth organizations from across India have said that the ruling party is squarely accountable for the issues concerning the students and the youth, including expensive education and extensive joblessness.

Following the 3000-year old Pharaoh legacy? Poll-eve Surya tilak on Ram Lalla statue

By Sukla Sen Located at a site called Abu Simbel in Nubia, Upper Egypt, the eponymous rock temples were created in 1244 BCE, under the orders of Pharaoh Ramesses II (1303-1213 BC)... Ramesses II was fond of showcasing his achievements. It was this desire to brag about his victory that led to the planning and eventual construction of the temples (interestingly, historians say that the Battle of Qadesh actually ended in a draw based on the depicted story -- not quite the definitive victory Ramesses II was making it out to be).

India's "welcome" proposal to impose sin tax on aerated drinks is part of to fight growing sugar consumption

By Amit Srivastava* A proposal to tax sugar sweetened beverages like tobacco in India has been welcomed by public health advocates. The proposal to increase sin taxes on aerated drinks is part of the recommendations made by India’s Chief Economic Advisor Arvind Subramanian on the upcoming Goods and Services Tax (GST) bill in the parliament of India.

Poll promises: Political parties 'playing down' need to retrieve and restore adivasi land

By Palla Trinadha Rao* The Scheduled Tribes population of 10.43 crore constitutes 8.6% of the population in the country inhabiting 26 States and 6 Union Territories. Parliament elections along with Assembly elections in some states have been notified this year.

Counterview

Search This Blog