Around 200 million industrial workers, employees, farmers and agricultural laborers observed a two-day general strike in India on March 28 and 29. The strike was working people’s challenge to the far-right government of Prime Minister Narendra Modi. This video was created by People’s Dispatch.
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Crushing Dissent During India’s Lockdown
“The very thought of him having to plead to jail authorities regarding a basic service like clean water to wash his swelled eye still gives me anxiety attacks,” says Jenny Rowena, wife of Hany Babu.
Babu, a 55-year-old Delhi University professor, is among many political prisoners who have been detained after having been charged under a draconian Indian law, the Unlawful Activities Prevention Act (UAPA). His family released a statement to the press that mentions Babu’s severe eye infection, which could damage his vital organs.
Only after Babu’s family’s repeated appeals did the court allow him to get proper medical treatment and tests at a private hospital, the expenses of which his family will bear.
This is a glimpse into the conditions the Indian state machinery forces people to endure as it goes about filling overcrowded prisons, in violation of basic civil and legal rights, as the pandemic ridden situation further deteriorates. The situation has worsened because of the ruling Bharatiya Janata Party (BJP)’s use of a 54-year-old draconian law.
India’s National Investigation Agency (NIA) had arrested Babu in a case referred to as the “Bhima Koregaon case.” Bhima Koregaon is a village in the western Indian state of Maharashtra. The NIA alleged several activists gave incendiary speeches, causing clashes to erupt January 1, 2018, between Dalits and Hindu right-wing groups.
Many other activists and academics, including Anand Teltumbde, Sudha Bhardwaj, Father Stan Swamy, Gautam Navlakha and others—most of whom are 50 or older—were arrested in the same case and continue to languish in jail. They have been denied proper medical treatment, even as they suffer ailments.
For example, Father Stan Swamy, 84, a tribal-rights activist, has Parkinson’s Disease. He told the court during a May 21 hearing that during the past eight months he has been detained, his health condition has worsened.
“When I came here, I could eat, read, take a bath by myself,” Swamy testified. “Now I have to depend on others even to feed me.”
The family of Sudha Bhardwaj, a 60-year-old lawyer-activist, approached the court to access her medical records. She suffers from diabetes, hypertension and several other health issues. Meanwhile, others like writer and activist Anand Teltumbde suffer from asthma.
Yet another political prisoner, G.N. Saibaba, a 53-year-old who was formerly a professor at Delhi University, continues to live in similar conditions. He is 90 percent disabled and also tested positive for COVID-19 in February. His daughter, Manjeera, says although he has recovered, Saibaba is weak. She says despite several letters to jail authorities and the Ministry of Home Affairs, which oversees Indian internal security and domestic affairs, no helper has been provided.
“He is 90% disabled and can’t do work on his own. He needs a helper to do his day-to-day activities. Whether it’s brushing his teeth, getting up from the bed, going to the toilet—he needs help with everything,” Manjeera says. “But there is no helper.”
She also alleges that despite knowing co-morbidities could be life-threatening for a COVID-19 infected patient, he wasn’t provided proper medical care after testing positive. The family had no choice but to hire a courier service to transport life-saving medicines and supplements to him.
A medical facility is attached to every jail. However, Manjeera said they are unprepared to treat inmates.
“The jail hospital—there is no hospital. It’s like a small barrack: A bed and that’s it,” she explained. “There is no one to take care of you.”
Meanwhile, Saibaba, who was arrested in 2014, is serving a life sentence for his alleged links to the banned Communist Party of India (Maoist).
All these political prisoners, lodged in several jails across India, continue to live in devastating conditions as the coronavirus wreaks havoc across the nation.
Deploying a Draconian Law During Lockdown
An important mechanism used by the Indian state to prevent political prisoners from being released is the Unlawful Activities Prevention Act (UAPA). The law—enacted in 1967—reverses “innocent until proven guilty” to “guilty until proven innocent.” The ruling BJP amended the UAPA in July 2019 to designate an individual as a terrorist without trial. Previous versions of the act only allowed groups to be designated as terrorists.
In introducing the amendment, Home Minister Amit Shah said individuals should be charged under the law for taking part in an act of terrorism, for helping prepare for such an act, and for raising money or spreading information to aid terrorism.
“Sir, guns do not give rise to terrorism, the root of terrorism is the propaganda that is done to spread it, the frenzy that is spread,” Shah told the Indian Parliament in 2019. “And if all such individuals are designated as terrorists, I don’t think any member of parliament should have any objection.”
This anti-terror law allows the detention of the accused without charge for up to 180 days.
“UAPA is something that with its amendments is designed to detain people indefinitely,” as prominent social activist and author Harsh Mander points out. “This can be understood from the fact that no charge sheet has been filed in the Bhima Koregaon and Delhi riots case, and yet the people are being detained indefinitely.”
In December 2019, as the Indian government passed the controversial Citizenship Amendment Act (CAA), protests erupted across the nation. However, in the wake of the protests, riots broke out in various parts of northeast Delhi during February 2021, after which several activists—many hailing from the marginalised minority communities—were arrested under the UAPA.
Mander alleges the BJP-led government has used a medical emergency to keep political prisoners inside prison without access to lawyers and proper healthcare facilities.
“Although the amendments in UAPA were made by previous governments, the current ruling party has used it to a greater extent and as a weapon against dissent,” Mander said.
He also asserted courts have failed undertrials (people detained while awaiting trial) and prisoners in safeguarding their rights.
“The courts should have objected and released guidelines regarding the release of undertrials and de-congestion of prisons,” Mander added. “They should have taken a sympathetic and humane view regarding the political prisoners.”
The overcrowding in Indian prisons is not a new phenomenon. Currently, 44 million cases are pending in Indian courts, and that number continues to increase. The slow pace overburdens prisons, as undertrials are kept waiting.
Overcrowded Indian Prisons
In a National Crime Records Bureau (NCRB) report published in 2019, 478,600 prisoners are lodged inside Indian jails, whereas they only have capacity for 403,700 inmates.
That means Indian jails are at 118.5 percent capacity. Also, around 68 percent of detainees are undertrials—not convicted prisoners.
As the coronavirus spread across the country in 2020 and beyond, overcrowded prisons have become a hotbed of infection. On April 28, the High Court of Delhi, while hearing a petition on the release of detainees, asked the concerned authorities to come up with a plan to de-congest jails. On May 7, the Indian Supreme Court also directed states to protect prisoners’ right to life and provide them with proper medical care during this pandemic. It ordered states to release undertrials facing non-serious charges on bail and people convicted of similar charges on parole.
Last year, as the pandemic broke out, close to 42,000 prisoners initially were released. But later, with a dip in the number of cases, many were returned to the prisons on the orders of the Supreme Court.
With the classification of legal services as “unessential,” but the construction of the $2.8 billion (USD) Central Vista Redevelopment Project in New Delhi deemed “essential,” the BJP government’s priority is evident. Yet the lives of political prisoners hang in the balance as they are refused bail, and as they struggle for access to basic amenities and medical care behind prison bars.
Rishabh Jain is a journalist who writes on Indian politics and issues central to India. He is based in New Delhi.
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UN Nuclear Treaty a Fraud As 9 Countries Spend Billions on Arsenals
Editor’s Note: The following represents the writer’s opinion.
“This a critical moment for nuclear disarmament, and for our collective survival,” wrote Ray Acheson of Reaching Critical Will, commenting on the 10th Non-Proliferation Treaty Review Conference taking place since August 1 and ending August 26 at the United Nations.
I attended the conference for several days last week as an NGO delegate from the Women’s International League for Peace and Freedom (WILPF), and have been closely watching the negotiations going on for the entire month over an outcome statement for the conference.
After two weeks, a draft preamble was submitted that reaffirms, among other things, “…that a nuclear war cannot be won and must never be fought, and commits to ensuring that nuclear weapons will never be used again under any circumstances.”
This could be an extraordinary breakthrough toward global nuclear disarmament. Right now, 191 countries are represented in this treaty and are seated in the General Assembly hall listening to each other. In the first week, we heard urgent warning statements from the nations without nuclear weapons, such as, “The clouds that parted following the end of the Cold War are gathering once more.” Meanwhile, a representative from Costa Rica scolded, “The lack of firm deadlines has provided the nuclear-armed states with a pathway to disregard their disarmament commitments as flagrantly as they have since the last Review Conference.”
In a hopeful step, 89 non-nuclear states in the last year have either signed or ratified a binding disarmament agreement called the Treaty on the Prohibition of Nuclear Weapons (TPNW), which requires disarmament commitments. These states no longer tolerate the double talk from the nine-nation nuclear mafia made up of UN Security Council member states China, France, Russia, the United Kingdom and the United States, as well as the Democratic People’s Republic of Korea (North Korea), India, Israel and Pakistan.
How can the United States consider signing the draft preamble while the House and Senate are finalizing the National Defense Authorization Act, which calls for the modernization of its nuclear arsenal? How can the U.S. government even take part in this conference while it is seeking funding for a renewed nuclear edifice of destruction, including Modernized Strategic Delivery Systems and refurbished nuclear warheads? Over the next decade, the United States plans to spend $494 billion on its nuclear forces, or about $50 billion a year, according to a 2019 Congressional Budget Office report. Trillions of dollars for submarines, bombers and buried nuclear missiles. Things they are committing to not use. Please, does this make sense?
At one of the NGO meetings I attended in the basement of the UN, I blurted out, “This conference IS A FRAUD.” The nuclear mafia have no serious plans to disarm, as required by Section 6 of the NPT Treaty. Their duplicity could be rebuked to the world by a walkout in the final days of the conference by the countries that have signed and ratified the agreement, as well as by their supporters.
For the NPT Treaty to collapse would be tragic. But for it to continue when everyone knows it is a lie is a moral and mortal affront to the people of the world.
Robin Lloyd is secretary of the Toward Freedom Board of Directors. She is a member of the Women’s International League for Peace and Freedom in the United States.
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India Makes Way for G20 Summit By Displacing Homeless People
DELHI, India—Rohit Sharma stood on the spot where, more than a fortnight ago, he had a bed in a night shelter. After having traveled more than 650 miles from his home city of Patna, Sharma lived for the past four years in a shelter the Delhi Urban Shelter Improvement Board (DUSIB) had provided.
“I used to get picked up from here for work. I would then come back and sleep here. This was my home,” said Sharma, who works in the tent-fitting industry. “Most of us fix tents or work for caterers for different occasions, like marriage or religious programs.”
Yet, everything changed on the night of March 9. That’s when bulldozers, in the presence of police, demolished temporary shelters, according to homeless people like Sharma. Now, he, along with about 1,200 people who used to live in four night shelters, sit under the sky. The site of the former shelter is close to the interstate bus terminus (ISBT) at Kashmere Gate, the northern entrance to the historic walled city of Old Delhi.
Displacing the Poor Ahead of G20 Summit
Activists and the affected said current demolitions are part of preparations for the Group of Twenty (G20) Summit that the capital city of New Delhi is preparing to host in September. G20 is an intergovernmental group made up of 19 countries plus the European Union. Altogether, the G20 represents two-thirds of the world’s population. Its stated aim is to address global economic issues. Indian Prime Minister Narendra Modi became its chairman last year.
Past G20 summits had been met with protests from both anti-globalization movements and groups opposing the displacement of society’s poorest to make way for a summit venue. Such was the case in 2010 in Toronto, Canada, and in 2017 in Hamburg, Germany, for example.
Similarly, before Donald Trump visited India in 2020 as the president of the United States, the huts of poor families were demolished around the venue to host him in Gujarat state in western India.
Estimates of 100,000 to more than 300,000 people live in Yamuna Pushta, where India’s largest reported slum developed in flood-prone conditions along the banks of the Yamuna River flowing through Delhi, India’s National Capital Territory (NCT).
Destroying Livelihoods
Since the demolition drive in Delhi began, poor and working-class people said police have been trying to ensure they do not linger in the area where they normally wait to secure gigs for the day.
“They take us in a bus forcefully and drop us at a distance from here and ask us not to come back,” Sharma said, adding, “We find work at this place. Contractors come here and pick us up from here. Where else would we find work?”
The location to which homeless people must be moved is supposed to be “close to where they are concentrated and close to the work site as far as practicable,” as per Indian Ministry of Housing and Urban Affairs’ Revised Operational Guidelines for Scheme of Shelter for Urban Homeless under Deendayal Antyodaya Yojana-National Urban Livelihood Mission (DAY-NULM).
However, the affected said they will struggle to find work after being forced to move.
“I have been working for the cause of the homeless for more than 20 years now. Governments never rehabilitate any homeless, like they claim to do,” alleged social activist Sunil Kumar Aledia, who is National Convenor for Homeless Housing Rights (NFHHR).
Bulldozing Homes
Aledia filed a Public Interest Litigation (PIL) in the Supreme Court of India on March 3.
“We approached the Supreme Court as the demolition drive was going on in other places, and we did not want other temporary shelters to be demolished,” Aledia said.
But, before the court could take up the matter, Delhi Urban Shelter Improvement Board (DUSIB) razed the shelters.
“We were sleeping when the authorities came with bulldozers. They did not tell us the reason for demolishing our home,” Sharma told Toward Freedom. “Some of the inhabitants were manhandled by the police.”
Little information is available about the source of the demolition drive. NCT Urban Development Minister Saurabh Bharadwaj wrote to DUSIB on March 16, inquiring under whose direction the action was taken. The letter that the Times of India obtained stated:
“Director DUSIB has given a statement in the social media that the demolition has been carried out on the orders of Govt. of NCT, Delhi. DUSIB may kindly specify who in Delhi Govt. has given these directions? And whether these orders were recorded or merely oral?”
DUSIB remains mum.
“The matter is sub judice in the Supreme Court, and it wouldn’t be appropriate to comment at this stage,” P.K. Jha, an official of DUSIB, told Toward Freedom. Sub judice describes a matter under a court’s consideration and, therefore, official commentary is prohibited.
‘We Only Need Food and a Make-Do Shelter’
“Some big event is going to take place here. That’s why they broke this shelter,” said Arun Kumar Jha, another occupant of the night shelter, sitting on the footpath across the road. He frequents different night shelters in the area.
Dozens of homeless still sit in the place where their shelter was until a few weeks ago. They have always relied on voluntary organizations, temples and individuals for food. Across the road, approximately 300 meters (328 yards) away from the shelter is a revered Hanuman Temple. Hanuman is a Hindu god with the face of a monkey known for his devotion via service. The homeless crowd outside the temple has increased after the demolition. They find it easier to find food and money from worshippers visiting the temple.
“Food is not a problem here, many people come and serve us, that’s why we (homeless) do not want to leave this place. We only need food and a make-do shelter,” Jha told Toward Freedom. “Government takes us in a bus from here, but never provides food.”
Parva Dubey is a freelance writer based in New Delhi. Parva can be followed on Twitter at @ParvaDubey.