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The Wire
5 hours ago
- Politics
- The Wire
'An Arbitrary and Brute Exercise of Power': PUCL Slams J&K Book Ban
The PUCL said that Section 152 of the BNS which is the so called decolonial law, strikingly goes even further than Section 124-A (sedition) of the IPC in its criminalisation of speech. New Delhi: The People's Union for Civil Liberties (PUCL) has expressed outrage over the decision of the Jammu and Kashmir Government's home department headed by lieutenant governor Manoj Sinha to forfeit 25 book titles in an omnibus order under Section 98 of the BNSS, for 'promoting secessionism' and 'inciting violence against [the] Indian state' in the Union territory. In a statement issued by its national president Kavita Srivastava and general secretary V. Suresh, the PUCL termed the notification 'an arbitrary and brute exercise of power by the state uncanalised by the discipline of the Constitution'. 'What the state is seeking to tell the citizens is that any opinion which is not the opinion of the state cannot be tolerated. This is a form of totalitarian thinking which is unacceptable in a constitutional democracy,' said the PUCL statement. 'By the mass forfeiting of books, the Jammu and Kashmir government is utilising a colonial, British-era law (Section 95 of the colonial, British era, CrPC finds its Bharatiya or so-called decolonial avatar, as Section 98 of the BNSS) which was designed to suppress demands for Indian independence. This law has been used by the British to ban canonical texts like Hind Swaraj by Mahatma Gandhi,' the statement added. PUCL said that among the 25 books forfeited are books by Anuradha Bhasin, Sumantra Bose, Tariq Ali, A.G. Noorani, Arundhati Roy, Ather Zia and a host of others, books that give a flavour of the realms traversed covering history, memory, poetry and politics. 'These books represent a vibrant intellectual culture of thinking and writing about Kashmir. These viewpoints may be deemed unacceptable by the Indian establishment, but they are viewpoints which are protected speech under the Indian Constitution. The forfeiture notice is an attempt at stifling collective memory and preventing thought in Kashmir,' said the PUCL statement. 'By clamping down on these books, the attempt to stifle the very heart of intellectual life: which is to seek knowledge and form opinion by gathering thought from all, including contrarian, sources,' it added. 'The forfeiture notification is illegal and unconstitutional' The PUCL said that the Jammu and Kashmir government must appreciate that there may be viewpoints they disagree with, but a constitutional democracy is based on the fact that dissenting opinions exist and should be respected. 'What is not apparent from a reading of the Government notification is a reasoning as to the grounds for forfeiture. What the notification has is a bald, bare and sweeping assertion with no reference to how any of the twenty-five books have contributed to 'radicalisation of youth in J&K include distortion of historical facts, glorification of terrorists, vilification of security forces, religious radicalisation, promotion of alienation, pathway to violence and terrorism etc,'' said the PUCL statement. 'When there is an omnibus forfeiture order of 25 books, without any specific reference to the content of any of the books, prima facie it appears that the exercise of the power of forfeiture is not a justified exercise of power under Section 98 of the BNSS and will not come within the reasonable restrictions under Article 19(2) of the Constitution,' it added. The PUCL said that Section 152 of the BNS which is the so called decolonial law, strikingly goes even further than Section 124-A (sedition) of the IPC in its criminalisation of speech. It demanded an immediate withdrawal of the forfeiture notice of 25 books by the Jammu and Kashmir government and also called for the repealing of Section 152 of the Bharatiya Nyaya Sanhita. The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.
Indian Express
06-07-2025
- Politics
- Indian Express
Another challenge to EC's Bihar electoral revision order in Supreme Court
The Peoples Union for Civil Liberties Sunday said that it has filed a petition in the Supreme Court challenging what it called 'arbitrary and unlawful action' of the Election Commission of India (EC) in directing Special Intensive Revision (SIR) of electoral rolls in the entire country, with immediate enforcement in Bihar, only months before the elections in the state. PUCL president Kavita Srivastava said that its constitutional challenge to the SIR order is based on the argument that this process 'represents a direct assault on India's constitutional democracy, violating the grundnorm of popular sovereignty enshrined in 'We, The People'.' 'By abandoning statutory house-to-house surveys for arbitrary document-centred exclusions, creating impossible timelines, and systematically disenfranchising marginalised communities, the Election Commission has perverted the constitutional mandate, and inverted the principle of inclusion to that of exclusion,' the PUCL said. The petition was filed on Saturday through PUCL national general secretary V Suresh. Terming it an 'illegal exercise', the PUCL said that such an exercise being hastily conducted to cover a population of almost 8 crore is likely to result in exclusion of voters and thereby defeat democracy using the very tools of democracy. Earlier, citing 'lack of due process' and 'unreasonably short timeline' for the revision electoral rolls in poll-bound Bihar, Association for Democratic Reforms (ADR), an NGO, had approached the Supreme Court, challenging the EC exercise by calling it unconstitutional and warning that it will 'disenfranchise lakhs of voters'. In its petition, the PUCL contends that Bihar has a massive migrant population, who work across India and return home to exercise their democratic rights. They face systematic exclusion through this 'malicious' SIR process, the human rights organisation said. 'Migrant workers lack local address proofs, cannot navigate complex form-based procedures from distant locations, and miss compressed timelines due to work commitments. This timing appears deliberately calculated to disenfranchise Bihar's mobile workforce during crucial electoral periods,' the PUCL said. In the petition, the PUCL has prayed that the ECI Order and letter dated June 24, 2025, deserves to be quashed for being manifestly arbitrary and that it is also contrary to Article 327 – which grants Parliament the power to make provision with respect to elections to legislatures – read with the relevant Act and Rules.
Time of India
26-05-2025
- Politics
- Time of India
Nat'l convention on Right to Food campaign concludes
Jaipur: The three-day 8th National Convention of the Right to Food Campaign concluded Monday after the presentation of the 'Jaipur Declaration'. A joint 'Jaipur Declaration' was released following discussions on the concluding day. Key points emerging from the declaration include: hunger and malnutrition are major global issues, and there is a need to strengthen the campaign to combat them. Govt schemes such as ration distribution, pension schemes, maternity benefits, Anganwadi services, and midday meals should be simplified, their budgets increased, and their implementation made stronger. Special attention must be paid to those excluded due to Aadhaar and digitisation, to ensure they receive their rightful entitlements and dignity. Second, the current development model should provide equal space to all sections of society. Displacement in the name of development and commercialisation—through exploitation of water, forests, and land—is affecting nutrition and needs reconsideration. Third, a strong struggle will continue in conflict-affected areas to ensure the right to food, health, and human rights. At the beginning of the session, convenor Kavita Srivastava read out resolutions passed in defence of the rights to food and freedom in Gaza, Manipur, and Bastar. She noted that over the three days, various issues related to the right to food—such as MGNREGA, minimum wages, social security pensions, environmental protection, farm laws, ration distribution, and challenges arising from digitisation—were discussed and strategies formulated. tnn
The Hindu
16-05-2025
- Politics
- The Hindu
PUCL alleges illegal deportation of Rohingya refugees, calls for urgent probe
The People's Union for Civil Liberties (PUCL) has strongly condemned the alleged deportation of 40 Rohingya refugees from India, describing the reported action as 'illegal', 'inhumane', and tantamount to a 'duplicitous deportation' in violation of both domestic and international legal obligations. In a detailed statement issued this week, PUCL alleged that the refugees were forcibly removed from the national capital and transported to the Andaman and Nicobar Islands, before being abandoned in international waters near the conflict-ridden Tanintharyi region along the Myanmar-Thailand maritime border. According to PUCL, the deportation was carried out surreptitiously by detaining the refugees - many of whom were registered with the United Nations High Commissioner for Refugees (UNHCR) - under the pretext of collecting biometric data. Detained by the Delhi Police on May 6, the individuals were reportedly moved to various police stations before being shifted to the Inderlok Detention Centre. Although authorities initially claimed that the transfer was for biometric processing, the refugees were subsequently flown to Port Blair. 'Shockingly, 43 detainees were not released after biometric collection. Instead, they were blindfolded, handcuffed, and placed aboard naval vessels. Upon reaching the maritime border near Myanmar, they were thrown into international waters,' PUCL alleged. Among those deported were minors, elderly individuals, and persons with serious health conditions, including cancer. Kavita Srivastava, PUCL president, criticised the Narendra Modi-led government's approach to refugee policy, comparing it to the hardline immigration stance of the former Trump administration in the United States. 'The BJP seems to have adopted a paradigm of disregard for the rule of law and judicial oversight. This so-called 'pushback' policy, as espoused by Assam Chief Minister Himanta Biswa Sarma, is a flagrant violation of constitutional norms and international humanitarian principles,' Ms. Srivastava said. An audio recording from one of the survivors, shared with PUCL, details alleged mistreatment aboard naval ships, including physical abuse, interrogation, and sexual harassment. 'We were accused of involvement in the Pahalgam terrorist attack. When we denied it, we were told we were pretending. Women were abused. Eventually, we were abandoned at sea,' the survivor recounts. PUCL general secretary Dr. V. Suresh noted that the National Unity Government of Myanmar has confirmed the presence of 40 rescued Rohingya individuals now under their protection. However, the whereabouts of three others remain unknown, and additional reports suggest that at least 14 more refugees were illegally detained and subjected to custodial violence. 'This is a grave breach of India's obligations under international law, including the Convention on the Prevention and Punishment of the Crime of Genocide, ratified by India in 1959,' Dr. Suresh said. 'The Rohingya are among the most persecuted minorities in the world. Returning them to regions fraught with conflict and genocide allegations is morally indefensible.' PUCL also pointed to a May 8 Supreme Court hearing, during which the judiciary declined to intervene in a plea against the reported deportation. The Union government, in its response, reportedly claimed that Article 19(1)(e) of the Constitution, which guarantees the right to reside in any part of India, applies only to citizens. PUCL countered this position, stating that Article 21 - the right to life and personal liberty - extends to 'all persons' and is not contingent upon citizenship. Despite India not being a signatory to the 1951 UN Refugee Convention, PUCL asserted that deportation procedures are bound by the Foreigners Act and related legal frameworks. The organisation contended that the treatment of the refugees constitutes torture and violates India's commitments under the United Nations Convention Against Torture. 'The Indian government has effectively undermined due process and legal protections in a case involving one of the most vulnerable refugee groups in the world,' the PUCL statement concluded. 'This marks a disturbing moment in India's human rights history.' As per Refugees International, around 22,500 Rohingya refugees are currently registered with UNHCR India. Many live under precarious conditions, facing systemic violations of their rights.
Time of India
27-04-2025
- Politics
- Time of India
Civil Society calls for ceasefire
The informed collective of concerned citizens, a conglomerate of socio-political organisations and activists, has called for an immediate ceasefire between the central security forces and the Maoists. National president of the People Union for Civil Liberties , Kavita Srivastava , convened a meeting with the civil rights organisations and individuals on Sunday and reiterated the demand for calling off Operation Kagar launched by the Centre since January 2024. TNN
