Tag Archives: UAPA

If pregnant Sheetal Sathe has to remain in detention, she must have adequate health care #KKM

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Photo: Amnesty International India asks authorities in the state of Maharashtra to ensure that if Sheetal Sathe, an arrested theatre activist, is to continue to be detained pending trial, she receives access to adequate pre-natal and post-natal care.

Sheetal Sathe is a member of Kabir Kala Manch, a group which uses protest music and theatre to campaign on human rights issues, including Dalit rights and caste-based violence and discrimination. She and her husband Sachin Mali were two of 15 people charged on 17 April 2011 of being members of, and supporting and recruiting for, the Communist Party of India (Maoist), a banned armed group, among other charges.

Sheetal Sathe is eight months pregnant, and Amnesty International India is concerned about her health needs, in particular her need for adequate nutrition and pre-natal and post-natal care. A rights activist who has met Sathe after her arrest, told Amnesty International India that Sathe does not receive adequately nutritious food or appropriate health care.Read More: http://t.co/AI2OclBX0Z

Amnesty International India asks authorities in the state of Maharashtra to ensure that if Sheetal Sathe, an arrested theatre activist, is to continue to be detained pending trial, she receives access to adequate pre-natal and post-natal care.

Sheetal Sathe is a member of Kabir Kala Manch, a group which uses protest music and theatre to campaign on human rights issues, including Dalit rights and caste-based violence and discrimination. She and her husband Sachin Mali were two of 15 people charged on 17 April 2011 of being members of, and supporting and recruiting for, the Communist Party of India (Maoist), a banned armed group, among other charges.

Sathe could not be traced by the police until 2 April 2013, when she and Mali appeared before the legislative assembly in Maharashtra in what they said was a protest against the charges made against them. Both were arrested, and Sathe is at present in judicial custody in a jail in Byculla, Mumbai. Her applications for bail have been rejected by trial courts in Mumbai.

Sheetal Sathe is eight months pregnant, and Amnesty International India is concerned about her health needs, in particular her need for adequate nutrition and pre-natal and post-natal care. A rights activist who has met Sathe after her arrest, told Amnesty International India that Sathe does not receive adequately nutritious food or appropriate health care.

Amnesty International reminds authorities that both Indian and international law make a presumption in favour of pre-trial release for all persons accused of penal offences. As specified in article 9(3) of the International Covenant on Civil and Political Rights, to which India is a state party, it must not be the general rule to hold people in custody pending trial. The right to liberty of the person requires that deprivation of liberty should always be the exception, and imposed only if it is justified, necessary, reasonable and proportionate in the circumstances of the case. All possible non-custodial measures, such as bail or undertaking to appear, must be explored by the judicial authority before making a decision to remand in custody, and such detention must be regularly reviewed by a judicial authority.

The Supreme Court of India has said in several cases, including recently in Sanjay Chandra versus CBI in 2011, that bail should be the rule and detention in jail the exception, and that refusal of bail can be a restriction on the right to personal liberty guaranteed under Article 21 of the Constitution of India.

With regard to pregnant women in particular, the UN General Assembly, in adopting the UN Rules for the Treatment of Women Prisoners (“Bangkok Rules”), has emphasized that non-custodial measures should be preferred when deciding on pre-trial measures for pregnant women.

States have an obligation under international law to respect and ensure the right to health of prisoners. Specifically with regard to pregnant women, international standards require that if pregnant women are detained, the authorities must ensure that they receive regular health check-ups, adequate nutrition and proper pre-natal and post-natal care, including advice on their health and diet under a programme drawn up and monitored by a qualified health practitioner. Pregnant women must not be detained unless such facilities are provided.

Whenever possible, arrangements should be made for children to be born in a hospital outside the place of detention. Thereafter, special provision must be made for detained women with infants, taking full account of the best interests of the child.

These measures were also issued as directions by the Supreme Court of India in the case of RD Upadhyay versus State of Andhra Pradesh, and are included in the Model Prison Manual for the Superintendence and Management of Prisons in India.

Amnesty International India urges authorities in Maharashtra to ensure that Sheetal Sathe is provided with appropriate pre-natal and post-natal care, including adequate nutrition, as required by national and international law and standards. If authorities cannot ensure that she is provided with adequate care, then alternatives to custody, such as release on bail or personal bond, should be used.

Background Information

In April 2011, the Anti-Terror Squad of the Maharashtra Police arrested Angela Sontakke, who they claim is a senior member of the Communist Party of India (Maoist), and filed charges against 15 Kabir Kala Manch members for allegedly having links with her. Subsequently they arrested six other persons. On 20 July 2011, the police filed a chargesheet against all seven arrested persons, and eight others who could not be located, including Sheetal Sathe and Sachin Mali, under India’s principal anti-terror legislation, the Unlawful Activities Prevention Act (UAPA).

In October 2012, the Bombay High Court granted bail to two of the seven arrested activists. The same court granted bail to four other arrested activists in January 2013, observing, “the membership of a terrorist gang or organization as contemplated by (the UAPA) has to be treated as an active membership which results in participation of the acts of the terrorist gang or organization which are performed for carrying out the aims and objects of such gang or organization by use of violence or other unlawful means.” The court also observed that “speaking about corruption, social inequality, exploitation of the poor, etc. and desiring that a better society should come in existence is not banned in our country…even the expression of views to the effect that a change in the social order can be brought about only by a revolution would not amount to an offence.”

The UAPA, under which Sheetal Sathe and Sachin Mali have been charged, uses sweeping and overbroad definitions of ‘acts of terrorism’ and ‘membership’ of ‘unlawful’ organizations, and does not comply with India’s international legal obligations

Amendments to the UAPA in 2008 extended the minimum period of detention of suspects from 15 to 30 days and the maximum period of such detention from 90 to 180 days, avoided adequate pre-trial safeguards against torture and other cruel, inhuman or degrading treatment or punishment of detainees and reversed certain evidential burdens of grave crimes and required, in certain circumstances, the accused persons to prove their innocence.

Human rights groups in India have highlighted several instances where the UAPA has been abused, with the use of fabricated evidence and false charges to detain activists defending the rights of Adivasi and Dalit communities and peacefully exercising their rights to freedom of expression and association.

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A Fallujah-Bastar Road #KKM

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State policy must honour KKM’s handling of their Maoist ‘guilt’
ANAND PATWARDHAN,  Outlook June 24, 2013

Our democracy, like another it attempts to emulate, takes one step forward, two steps back. A victim of paranoia like the one it emulates, it is undermining its own founding principles by emphasising order and wilfully sacrificing the law. Without the guiding hand of a civil society conscious of its rights, it may well fall on its face, as it did during the Emergency.

In April 2013, when Sheetal Sathe and Sachin Mali of the Kabir Kala Manch (KKM) did a satyagraha for freedom of expression and gave themselves up outside the state assembly to an anti-terrorist squad (ATS) that had supposedly been hunting for them for two years, it seemed to have established a healthy precedent. Within a month, encouraged by the fact that under intense public scrutiny no torture of the arrested took place, Ramesh Gaichor and Sagar Gorkhe of the KKM also gave themselves up, expecting that the due process of law would restore their freedom of expression.

The KKM is a Pune-based cultu­ral troupe largely composed of wor­king class Dalit poets and art­istes. Two years ago, they went und­erground after a member, Deepak Dengle, was arrested and tortured into giving a ‘confession’ by the ATS. The ATS implicated him and others under the Unlawful Activities Prevention Act (UAPA) as persons associated with a banned Naxalite party. It may be recalled that the ATS notoriously got similar ‘confessions’ from Muslims, who ‘admitted’ to bombing their own mosque at Malegaon. When Hindu terrorists later owned up to the bombing, the ATS was left with not just egg on its face, but the blood of innocents on its hands. Torture is an unreliable method of investigation.

After a KKM defence committee was formed by members of a civil society that had begun to learn about and appreciate its cultural and political contributions, the media started to take positive notice. Finally, in March 2013, Justice Abhay Thipsay of the Bombay High Court in a landmark judgement granted bail to six accused under the UAPA, including Dengle. The judgement pointed out that while it wasn’t proven that the accused were Naxalites, even assuming they were, merely belonging to a banned body did not constitute a crime. The Thipsay judgement followed logically from an SC judgement upholding the principle that even under the UAPA, which criminalises membership of a banned outfit, a distinction had to be made between active and inactive members. These judgments helped those who argued that under no circumstances can one criminalise expression.

Back in April, we learnt that the KKM’s Sheetal was six months pregnant. Thankfully, she was remanded to judicial custody. The government prosecutor said they were not asking for her police custody, as they did not want to risk harming her baby! Does one need more proof of what is considered routine in police custody?

Since then two months have elapsed. In the sessions court Sheetal’s bail hearing kept getting delayed, and was finally rejected. Bail is denied to those who might run away. Sheetal and the KKM came out of hiding voluntarily and are hardly a security risk. Yet, her baby may now be born in jail.

It is nobody’s case that the KKM participated in violence, but there are two possibilities. One is that they were mistaken as Naxalites because of the militant nature of their songs. The other is that they were attracted by Naxalite ideology, but later changed their minds. It is the latter that prevents their release. The government does have a mechanism where Naxalites, even those with a violent past, are given financial rew­ards in return for turning state wit­nesses. Such people are relocated at government expense and given ‘protection’, but are regarded as mercenaries by their own and often lose self-respect. The KKM chose a third, more honourable path. They deny any wrong-doing and refuse to turn approvers. They merely express the desire to live an open life in a democracy. Will they be granted this space?

Meanwhile, in court and in the media, the atmosphere has changed. The massacre in Chhattisgarh has seen to that. Horrific as the event was, the indiscriminate use of state violence in tribal areas and the use of draconian measures in court, together with the blanket tarring of all dissidents, can only aggravate the situation. Naxalites are undeniably fighting for and with the most oppressed people. It is their hearts and minds that must be won. Increased state repression will do the opposite. Attempting to restore order while abandoning the rule of law will do exactly what the bombing of Iraq and Afghanistan did to restore democracy.


(Anand Patwardhan is a documentary film-maker)

 

“Satyagraha, not Surrender”: KKM Defence Committee

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Announcement by Friends of KKM Defence Committee

Mumbai 2/04/13

We the undersigned friends of the Kabir Kala Manch (KKM) Defence Committee announce that two KKM members, Sheetal Sathe and Sachin Mali both of whom are charged and described under the UAPA as being Maoist Naxalites and declared as absconders are hereby, of their own volition, appearing before peoples’ representatives and the police.

We wish this voluntary appearance of KKM before the police to be a matter of public record and expect the police to restrain from torturing them or implicating them in any false case. We expect nothing less and nothing more than the due process of law.

In appearing before the police, KKM members state that this act should not be construed to be a “surrender” but as a form of “satyagraha” to clear their name and establish the fact that their goal is to fight for justice within the confines of democratic conduct.

The KKM is a cultural organization that has over many years spread its anti-caste, pro-democracy message through music, poetry and theatre. But when atrocities on Dalits and weaker sections of society began to increase, as witnessed in incidents like the rape and murder of the Bhotmange family in Khairlanji, the songs and words of the KKM admittedly became more militant. It is this militancy that brought them under the police scanner.

Less than two years ago KKM members were finally forced to go underground after police began to describe them as Naxalites.  Two of their members were charged and arrested under the UAPA.

Fearing police arrest and torture and the possible planting of evidence, Sachin and Sheetal had stayed out of public sight till now. This period of enforced absence from the public stage has been a difficult one for a group as talented and popular as KKM.

Last year KKM began to entertain the hope of working openly again when a documentary film in which they featured, “Jai Bhim Comrade”, began to be screened widely and won a National award as well as Maharashtra State recognition.

More recently the Bombay High Court granted bail to two arrested members of KKM, Deepak Dengle and Siddharth, ruling that unless the police makes out a case that an actual crime has been committed by the accused, they cannot interpret the UAPA to arrest people merely on the basis of any alleged ideology.

Emboldened by these events to hope that due process of law can still bring justice even in these unjust times, and encouraged by signs that there is a civil society that will monitor their progress, Sachin Mali and Sheetal Sathe have decided to test the depth of our democratic system.

We must not fail the KKM, or ourselves.

Signed:
Prakash Ambedkar, Prakash Reddy, Kumar Damle, Bhalchandra Kango,   Kamayani Bali Mahabal
Vivek Sundara, Anand Patwardhan

 

Deepak Dengle’s Poem- ‘ Kis Kis Ko Kaid Karoge ‘

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On Jan 31, 2013, Deepak dengle has been granted bail by the Mumbai High Court, finally eh will walk a free man, Below is his poem he wrote behind bars, from words to action, Deepak did it 🙂

Deepak  Dengle, of Kabir Kala  Manch , a writer, singer composer who has been inside  Mumbai  prison for a year now, has been using his writing skills inside the prison also.

KKM  Defence Committee Member Kamayani Bali Mahabal , recites his poem sent from the prison  at CGnet  swara

Listen here     Kis Kis Kaid Karogey