Human Rights Defenders Data Information Knowledge Solidarity

HRDs must counter State's offensive of intimidating ordinary people, from expressing their opinion on social media or on various issues . Lawyers as well as Journalists, and youtubers bring these cases up in the public eye in order to youth to feel more secure speaking out.. This series we will document case law as well as reports through links to documents, reports from various websites and Blogs and Posts of HRDs. This is also an attempt to publicise all the dirty tricks State have been using. This is a contributory effort..
Speaking at a poll rally in Kochi, on 24th, ahead of the April 6 state elections. Home MInister said.. “Those involved in the Jhansi nuns’ harassment incident will be brought before the law. I want to assure the people of Kerala that the culprits behind this incident will be brought to justice at the earliest,” https://www.hindustantimes.com/india-news/shah-promises-action-as-row-over-nuns-harassment-in-up-intensifies-101616612718284.html
Home Minister Amit Shah Friday (26th March in Gauhati) said if the BJP comes to power, laws will be implemented in Assam against “love jihad” and “land jihad”, " Shah assured that “refugees would be granted citizenship, while infiltrators will be thrown out” — https://indianexpress.com/elections/amit-shah-love-land-jihad-elections-7246974/
https://www.youtube.com/watch?v=1RG5rNtoS7E
Open Letter from A J Philip.." I saw the video of your party MP, Shri KJ Alphons, meekly submitting a memorandum to you to demand action when you visited his constituency to campaign for him. Has the situation come to such a pass that a BJP MP has to ask the Union Home Minister to take action against the miscreants involved in the attack on the nuns?"
Alas, what we saw in Jhansi are the policemen dancing to the whimsical tunes of your young party workers. They are a bigger threat to the rule of law than the bigots who claim to be the defenders of the Hindu faith...,,Chief Minister Yogi Adityanath and your party have empowered them to harass anyone of their choice like the innocent nuns by enacting notorious laws like the anti-conversion law and the anti-love jihad law. ..
Soon after Yogi became Chief Minister, a group of Christian clergy led by a Saffron-wearing Christian scholar and former IAF officer called on him at his official residence. They had a cold reception there. To break the ice, one of them said that peace was the need of the hour.
Immediately, the CM retorted: “You should teach Christians and Muslims about peace and co-existence. We Hindus believe in Vasudaiva Kudumbakam (the world is one family). You can do whatever but if you convert even one person, I will break your legs”. Crudeness could not have been bolder. It is the same mindset that you have created which is responsible for what happened at Jhansi.
Patricia Mukhim's Facebook post -- “This continued attack on non-tribals in Meghalaya, whose ancestors have lived here for decades, some having come here since the British period is reprehensible to say the least,” Mukhim had written. “The fact that such attackers and trouble mongers since 1979 have never been arrested and if arrested never penalised according to law, suggests that Meghalaya has been a failed state for a long time now.” https://scroll.in/article/978765/patricia-mukhim-interview-one-cannot-be-too-guarded-when-one-is-in-the-pursuit-of-truth
https://www.livelaw.in/top-stories/free-speech-citizens-criminal-cases-supreme-court-171739 reports some observations of the Supreme court..
"The intention to cause disorder or incite people to violence is the sine qua non of the offence under Section 153 A IPC and the prosecution has to prove the existence of mens rea in order to succeed. The gist of the offence under Section 153 A IPC is the intention to promote feelings of enmity or hatred between different classes of people. The intention has to be judged primarily by the language of the piece of writing and the circumstances in which it was written and published. The matter complained of within the ambit of Section 153A must, be read as a whole. One cannot rely on strongly worded and isolated passages for proving the charge nor indeed can one take a sentence here and a sentence there and connect them by a meticulous process of inferential reasoning.
"The first test was for the Courts to apply the hate speech prohibition objectively and in so doing, ask whether a reasonable person, aware of the context and circumstances, would view the expression as exposing the protected group to hatred. The second test was to restrict interpretation of the legislative term "hatred" to those extreme manifestations of the emotion described by the words "detestation" and "vilification". This would filter out and protect speech which might be repugnant and offensive, but does not incite the level of abhorrence, de-legitimization and rejection that risks causing discrimination or injury. The third test was for Courts to focus their analysis on the effect of the expression at issue, namely, whether it is likely to expose the targeted person or group to hatred by others. Mere repugnancy of the ideas expressed is insufficient to constitute the crime attracting penalty."
The bench observed that only where the written or spoken words have the tendency of creating public disorder or disturbance of law and order or affecting public tranquility, the law needs to step in to prevent such an activity.
Less than two years after he stepped down as Vice-Chancellor, noted scholar, political scientist and commentator Pratap Bhanu Mehta resigned as professor from Ashoka University Tuesday. Mehta, who is also Contributing Editor, The Indian Express, has consistently, in his writing and public appearances, questioned the ruling establishment. He is considered one of the nation’s foremost scholars on politics and political theory, Constitutional law, governance and political economy.
Asked by The Indian Express if his criticism of the government had anything to do with his exit, the university sidestepped the question.
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Subcategories
BAIL
For UAPA articles under
Free Speech
Ban on films, documentaries by Government e.g documentary on PM by BBC. Debate on censorship, opinion, statements by media people, leaders, screening of film on Modi at universities etc.
Corporate Behaviour and Free Speech
In a defamation case against Paranjoy Thakurta, a court has order, issued on September 6, directed the removal of defamatory content from their respective articles and social media posts within five days. In the suit filed by Adani Enterprises Ltd, seen by HT, the allegedly defamatory material includes transcripts of YouTube videos, screenshots of X posts by journalists, and images of their X profiles.https://www.msn.com/en-in/news/India/mib-issues-takedown-notices-to-13-digital-news-publishers-over-adani-defamation-case/ar-AA1MIjBR
Based on this, The ministry of information and broadcasting (MIB) on Tuesday issued takedown notices to 13 digital news publishers on YouTube and Instagram for disseminating defamatory content related to Adani Enterprises Ltd.The ministry’s order names journalists, media houses, and creators — including Newslaundry, Ravish Kumar, Dhruv Rathee, The Wire, HW News Network, and Aakash Banerjee’s The Deshbhakt — who have received a list of 138 YouTube video URLs and 83 Instagram links to be taken down.