India

Stop Misuse of Counterterrorism Laws, HRW urges India

SM Fasiullah for BeyondHeadlines

Human Rights Watch (HRW), an international NGO that conducts research and advocacy on human rights, has urged Indian government and authorities to stop misuse of counterterrorism laws in the country.

The organization said the authorities can conduct an independent review of apparent “politically motivated” terrorism charges filed against performers of Kabir Kala Manch (KKM).

Photo Courtesy: combatlaw.orgIn 2011, members of this radical Dalit cultural group were charged under India’s draconian counterterrorism laws. They remain subject to prosecution for their alleged support of Maoist militants.

Unfortunately, an eight-month pregnant woman who was also charged in this case had been earlier denied bail. She has to wait until today (June 27) for an appeals decision on her bail application.

HRW noted that time and again Courts in India have ruled that ideological sympathy should not be interpreted as active membership in a banned outfit.

Meenakshi Ganguly, South Asia Director of HRW, stated “The Indian authorities should not conflate shared sympathy for concerns about oppression and social inequity expressed by the Maoists, with criminal complicity in violence. The government should ensure that peaceful activists can speak out without fear of terrorism charges.”

The authorities of Maharashtra charged 15 people in 2011 for allegedly being members of Communist Party of India (Maoist), the banned organization also known as Naxalites.

Six of them were members of KKM, a Pune-based cultural group of singers, poets and artists that takes up the cause of social inequality, oppression of Dalits and tribal groups, and corruption, etc. through their music and poetry.

In May 2011, Maharashtra’s counterterrorism squad arrested KKM members Dhavala K Dhengale and Siddharth Bhosale. Police also brought cases against four other KKM members. These six members were accused of being members of a “terrorist organization” under the Unlawful Activities (Prevention) Act 1967.

Dhengale and Bhosale have been granted bail in January 2013 by the High Court in Mumbai, which noted that the charges filed indicated that they were sympathetic to the Maoist philosophy but not active members of the outfit.

“This is not the first time social activists have come under attack or been arbitrarily arrested on unsubstantiated accusations of Maoist links,” said Ganguly.

“Wrongful arrests of peaceful activists only hurt the government’s image and provide a fertile ground for Maoist propaganda.

“Instead of arresting people who are using art to raise their voices against poor governance and social malaise, the government should focus on better safeguards for fundamental freedoms.”

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