Congratulations
Dharmendra Pradhan Resigns
At what cost
Peaceful protesters :
Lathicharged
Suffered injuries
pellets embedded in eyes
Went on a hunger strike for 23 days
Who pays for this !
Mohan Bhagwat ji
Events at Jantar Mantar
Your silence in the last one month is more eloquent than your sermons
Please say something or you will be misunderstood
As the dust settles down, 2 things stand out as positive markers for Indian democracy.
1. The youth of India have a powerful voice and focused on making it heard with grace and humour
2. Equally the Government has shown it's ability to hear their voice. The fact of 2 central ministers having direct talks, and now the resignation of Mr Pradhan, shows that we are a robust republic.
The resignation of the Education Minister is an acknowledgment that accountability in a democracy cannot be indefinitely evaded. It comes after weeks of determined, peaceful voices raised by students, parents and citizens across the country who refused to be ignored.
It also comes after far too many young Indians faced unnecessary police brutality and force for exercising their democratic right to peaceful protest. That should concern every citizen, regardless of political affiliation.
But accountability does not end with a resignation. The deeper failures that brought us here must now be addressed through transparent reforms, institutional responsibility and a commitment to ensuring that no young Indian’s future is jeopardised again.
The students who marched, spoke out and peacefully persisted deserve to know that this is the beginning of reform, not the end of the story.
Several Supreme Court advocates assemble at the Court lawns to recite the Preamble to the Constitution as part of the 'Save Democracy, Save Constitution' campaign amidst the student protests in the national capital.
#SupremeCourt
"I say with all sense of responsibility, there is not a single lawless group in the whole of the country whose record of crime comes anywhere near that of the organized gang of criminals known as the Indian Police Force."
- Justice Anand Narain Mulla, Allahabad High Court, 1961
Even in difficult times, the Laws and the Constitution are not silent.
A quick reminder on the mandate of law and the Constitution :
1. Disproportionate or vindictive force cannot be used. The police are there to disperse a crowd and use minimal-force, not to punish it, and not to put fear into people.
2. The principle of 'minimum-force-to-be-used' is settled. It's a legal and constitutional standard. Not something that can be ignored.
3. There should be no pattern of injuries to vital parts: head, face, collarbone. Such a pattern, if found, reveals retribution and anger, not lawful dispersal.
4. Bystanders and peaceful protesters cannot be struck or abused.
5. Those retreating (and not charging), and those already on the ground and injured, cannot be hit. The Courts have said this in clear terms: force used after the crowd is controlled is force beyond limits.
6. Escalation of force must be gradual and incremental. Going straight to serious violence, without the intervening steps, is illegal. There are rules regarding the manner of making announcements also and how clear and categorical those need to be. Those should be complied-with.
7. Name tags and proper uniform are not a formality. Without identification there is no accountability.
8. Persons in civil dress using force alongside the police is illegal and unconstitutional. The use of force is a sovereign function. It cannot be sub-contracted to the unidentifiable and unaccountable.
There are cases where Courts have seen CCTVs and held the state responsible for brutality.
See :
In Re: Ramlila Maidan Incident, (2012) 5 SCC 1
Anita Thakur v. Govt. of J&K, (2016) 15 SCC 525
Medha Patkar v. State of M.P., 2008 CriLJ 47 (MP)
Things may be difficult on the ground but laws and the Constitution are not silent even in such times and should be complied-with, in letter and spirit.
@sanjayuvacha@advsanjoy@Sherbir@Abhinav_Pan@gautambhatia88@abhinavsekhri10@advocatemayank@vrindagrover@IJaising@svaradarajan@UN@amnesty
8 basic rights every citizen has under the Constitution of India and its laws:
1. You must be told why you're being arrested. In a language you understand. Immediately upon arrest. You should also insist on grounds of arrest in writing.
2. You have the right to have a friend, relative, or anyone you name informed of your arrest and where you're being held. So that they can assist you - get you legal help.
3. You're entitled to meet an advocate of your choice during investigation. If you can't afford one, free legal aid is available through the Legal Services Authority at the level of the police station itself (and not just Court).
4. If the offence is Bailable, the police must tell you that you're entitled to be released on bail (from the police station itself) and can arrange surety (which can be a friend/relative).
5. You must be produced before a court/magistrate within 24 hours of your arrest.
6. You can't be forced to speak against yourself. (Article 20 of the Constitution).
7. You have the right to a medical examination, especially if you want to document injuries or disprove an allegation. This exists precisely so that any custodial violence has a paper trail.
8. The arresting officer must be identifiable - visible name tag, and (per the D.K. Basu guidelines now codified) a memo of arrest, witnessed and countersigned, noting the time and date.
This is our generation's defining struggle.
History is watching, and it will remember who stood up and who looked away.
A decent education (Jamia) and a fair examination - the Delhi Judicial Service exam - is how I escaped a life of poverty and found meaning & purpose in my life.
I know exactly what a fair, uncorrupted education system means to someone who has little else in life and how it can - often - be the only hope.
I will be there at Jantar Mantar today.
BCI has issued a circular prohibiting advocates from using anonymous, pseudonymous or proxy accounts to do indirectly what professional ethics prohibits directly.
My heart goes out to those Twitter trolls.