On February 9, 2016, students of Jawaharlal Nehru University (JNU) held a protest on their campus against the death penalty imposed on Indian Parliament detainees in 2001, Afzal Guru, and Kashmiri separatist Maqbool Bhat. The event organizer is a former member of the Democratic Student Union (DSU). The event was held despite the University's administration withdrawing permission for the event shortly before it started, due to protests by members of the ABVP Hindu nationalist student union. The event saw clashes between different student groups. A small group of people, whose investigations were later described as outsiders to the university wearing masks, chanted "anti-India" slogans. The slogan was criticized by many, including political leaders and JNU students.
Four days after the event, JNU Student Union President Kanhaiya Kumar was arrested by Delhi police and accused of sedition. Two other students were arrested soon after. The arrests have drawn strong criticism from many parts of society, arguing that the Bharatiya Janata Party government is trying to silence political differences. Thousands of students, faculty, and staff protested the arrest at JNU, and classes at the University were suspended for several days. The arrests were also criticized by prominent international clerics.
Investigation of the incident was committed by the Delhi government and the administration of the University. Both find that the controversial slogan has been shouted by outsiders to the University. The students who were arrested were all given a guarantee, with the judge noting in one case that there was no evidence of the accused shouting slogans. However, the University's investigation found that a number of students had violated the University's regulations and imposed sanctions, varying from fines to expulsion, to 21 students. In response, the students went on an indefinite hunger strike. The Delhi High Court delayed the enforcement of the University's sanctions on condition that students end their strike. The trial on this issue has been postponed until 19 October.
Video JNU sedition row
Background and prelude
Jawaharlal Nehru University (JNU) is one of the highest ranking universities in India, known as one of the country's best graduate schools in the social sciences. The university student union has a close relationship with the Communist parties of India; the university itself has mobilized a number of political issues. The University Administration is accountable to the Union government; in 2016, the government is controlled by the Hindu-nationalist Bharatiya Janata Party.
In February 2016, 10 university students organized an event protesting the execution of Afzal Guru and Maqbool Bhat, and supporting "the Kashmiri people's struggle for their democratic right to self-determination". The event is planned to be held on February 9th. Afzal Guru is a Kashmiri separatist who was convicted of participating in the 2001 parliamentary attack: his execution in 2013 has invited criticism for being carried out in secret. Maqbool Bhat, also a Kashmir separatist, was one of the founders of the Jammu Kashmir Liberation Front, and was hanged in 1984. The students who hosted the event were all former members of the Democratic Student Union (DSU).
The posters advertise the event invite people to attend protest marches against "judicial killings of Afzal Guru and Maqbool Bhatt." The posters also mention art exhibitions and photographs of the history of the occupation of Kashmir, and the struggles of its inhabitants. Members of Hindu nationalist student union Akhil Bharatiya Vidyarthi Parishad (ABVP) protested the incident, and wrote a letter to the University's Vice-Chancellor, asking him to prevent it. The University Administration withdrew permission for the event a few hours before it was held. The University Clerk said that the request for permission that had been submitted for the event did not mention Afzal Guru, and was therefore incomplete. After filing a complaint with the JNU administration, ABVP leader Saurabh Sharma invited two television channels to cover the event.
At a similar event held the previous year, the permit has also been withdrawn shortly before the event; according to the organizers, this is because S. A. R. Geelani, a Kashmir lecturer at Delhi University, has been scheduled to speak. Geelani has been accused of involvement in the 2001 attacks on the Indian parliament, but has been freed. The organizers continue to hold events. Some students try to prevent Geelani from attending: the stones are thrown into his car, and Geelani himself is persecuted. He can attend the event because JNU students form a human chain to protect it. Geelani and the organizers stated that annoying students are ABVP members: ABVP denies this.
Maps JNU sedition row
First Rally
The students held the event despite permission issued, citing their free speech. Instead of holding protests as planned earlier, the event involved cultural programs, and art and photo exhibitions. The event was held near "Sabarmati Dhaba" on the JNU campus. Toward the end of the event, various student groups clashed, and police forces needed to be called to restore order. ABVP issued a call for protests outside the venue, calling it "anti-national." In response to ABVP's call, other student group members, including the All India Student Association (AISA), the All India Student Federation (AISF), and the Indian Student Federation (SFI), arrived to support the event..
During the "quarrels" that occurred, a small group of people raised slogans commonly described as "anti-India" slogans. They include phrases like "Kashmir ki azadi tak jung chalegi, Bharat ki barbadi tak jung chalegi " ("War will continue until Kashmiri independence, war will continue until Indian dismantling") raised in protest meeting. "There is controversy over the identity of the slogans.Although the initial media reports blamed JNU organizers and students for slogans, the university's investigation later stated that provocative slogans were raised by outsiders.At the end of the event, JNU Student Union Chairman Kanhaiya Kumar gave a speech, he states that he supports freedom of speech, but condemns "any act of violence, terrorism, terrorist acts, or any kind of anti-national activity."
Reaction and immediate arrest
Student union response
The event organizers distance themselves from the slogans. Kanhaiya Kumar, chairman of the Jawaharlal Nehru University Student Union (JNUSU), said: "We were surprised by the way all the incidents were used to slander JNU students.Initially, we wanted to condemn the undemocratic slogans raised by some people that day. note that the slogans were not raised by members of the Left organization or JNU students. "JNUSU vice president Shehla Rashid Shora condemned the slogans by saying; "We condemn the undemocratic slogans raised by some people that day, and even when sloganeering has occurred, it is a progressive Left organization and students, including JNUSU office administrators, who asked the organizers to stop the regressive slogan."
protests and ABVP questions
On February 10th, a member of the JNU branch of ABVP, which has a relationship with the Rashtriya Swayamsevak Sangh - Sangh Parivar family organization, protests at the University, demanded the expulsion of students who had organized the event the previous day. A day later ABVP filed a formal complaint to the administration of JNU, the Ministry of Human Resources Development, and the Delhi Police Department. The complaint refers to the various leftist groups as "terrorists." Interior Minister Rajnath Singh of the ruling Bharatiya Janata Party (also part of Sangh Parivar), suggested that the event has been supported by the Lashkar-e-Taiba terrorist group, and tweeted "If anyone shouts slogans & challenges anti-India sovereignty and integrity the country while living in India, they will not be tolerated or spared. "He reportedly reacted after receiving a warning from Parliament Member Maheish Girri. The JNU Administration declared that the incident was undisciplined as permission for it had been withdrawn, and announced that it would hold an official inquiry. The government says that any talk of state disintegration can not be "national".
Arrests and criticism
Four days after the initial incident, Delhi Police arrested JNUSU President Kanhaiya Kumar on charges of crime and criminal conspiracy, under section 124 of the Indian Criminal Code beginning in 1860. Five other students, Umar Khalid, Anirban Bhattacharya, Rama Naga, Anant Prakash and Ashutosh Kumar, hiding after Kanhaiya Kumar's capture, and returns 10 days later. Umar Khalid and Anirban Bhattacharya surrendered to the police and detained. The other three students did not give up but said they were open to being questioned by the police when needed.
The arrest and use of the law of sedition was criticized as an oppression of political dissent. The law Kumar captured below had been enacted in 1870, and was used by the British Raj to suppress the Indian independence movement: it was upheld very rarely in Indian courts. The university teachers criticized the arrest as "excessive police action". JNU students formed a human chain, demanding incitement of incitement against Kanhaiya Kumar was canceled. The human rights organization Amnesty India said Kumar's capture and accusations against him were "inappropriate for" and "Indian inducement laws that conflict with international standards of freedom of expression should be lifted."
Responses
Student protests
After Kanhaiya Kumar's arrest, massive protests broke out among the students, staff and faculty at JNU. Thousands of people attended the demonstration. On February 14, 2016, university students issued a "lethal call", stating that they would not allow any further classes to last until Kumar was released. Demonstrations were made by politicians such as Rahul Gandhi, Sitaram Yechury, and Anand Sharma. Although the protests were largely peaceful, Sharma was attacked by unknown individuals, who were suspected of being ABVP members. In addition to protesting the arrests, the protest chose to highlight "unfair treatment of minorities and Muslims in the country". JNUSU Vice President Shehla Rashid Shora is one of the leaders of this protest.
Responses from Political Parties
A number of political parties criticized the government's actions, arguing that it was "an attempt by the BJP to push the Hindu nationalist agenda." Vice-president of the Indian National Congress Rahul Gandhi said, "It seems that only Bharatiya Janata Party and Rashtriya Swayamsevak Sangh have permission to say who is a traitor and who is a patriot". Gandhi visited the JNU campus in solidarity with the protesting students. The general secretary of the Communist Party of India (Marxist), Sitaram Yechury, tweeted "No joke greater than (Nathuram) Godse-worshipers who issued a certificate of nationalism." Together with Indian Communist Party secretary D. Raja and Janata Dal (United) representative K. C. Tyagi, Yechury asked Delhi's chief minister Arvind Kejriwal to order an investigation into police action. After the meeting, the Aam Aadmi government ordered a magisterial inquiry. A number of political figures attended public meetings organized by students at JNU.
Ministers in the BJP government support police actions. Rajnath Singh said, "Whether it's JNU or any other institution, the anti-India slogan will never be tolerated." Minister for Human Resource Development Smriti Irani stated that the state (could) never tolerate the humiliation of the Indian Mother. State Minister Kiren Rijiju said that "Be it JNU or any other institution, the anti-India slogan will never be tolerated."
Community response
Forty senior journalists from across the country, JNU alumni, condemned the arrest stating that every university should protect disagreeing members, but their discomfort may be for mainstream opinion. They punish the "ruling government" for using the incident as a ruse to attack higher education institutions and are considered as part of an attack on dissent and free thinking. A group of professors from the Institute of Technology of India, Bombay said that the state can not dictate much of what it means to be "India" or mandate "nationalism".
The lyricist and film director Gulzar says that he feels he and his country are safe when he sees children raising their voices in dissent. The BBC and several other commentators have called the entire protest movement "the spring of India" in 2016. Prem Jansis Shankar Jha described the arrest as "legal misuse", stating that they are "a re-emergence of totalitarian threats."
Instead, an article published by Mohandas Pai argues that University students need to focus on their academic studies rather than politics. This article garnered substantial online support, although some people also denied the article, arguing that education involves more than just academic learning.
International response
More than 500 academics from around the world, including JNU alumni, released a statement to support the protesting students, stating that JNU is an important imagination of the University space that "embraces critical thinking, democratic dissent, student activism, and plurality of political beliefs."
In a separate statement, more than 130 well-known scholars, including Noam Chomsky, Orhan Pamuk, Akeel Bilgrami and Sheldon Pollock called it a "shameful act of the Indian government" to call for an incitement law formulated during the colonial period to silence criticism. They also criticized "the authoritarian threat culture created by the current government in India." Students from the University of California, Berkeley, Yale University and the University of London demonstrated their solidarity with protesting students, recounting Kanhaiya Kumar's "incitement" speech in English, and uploading their videos online.
Legal and administrative processes
A day after the initial demonstration, the university administration ordered a "disciplinary investigation of the incident." On February 12, four days after the preliminary event Kanhaiya Kumar was arrested and charged with incitement and criminal conspiracy, under section 124 of the Indian Criminal Code Kumar was placed in jail for three day.
Based on preliminary investigative reports, Kanhaiya Kumar and seven other students are academically barred from entering. Kanhaiya Kumar was granted a six-month temporary guarantee by the Delhi High Court on March 2, 2016. On March 11, students involved were allowed to attend their classes again.
Incident at Patiala House Court
Kanhaiya Kumar Assembly is scheduled to take place on February 15, in Patiala House court. A group of 40 lawyers started shouting slogans against JNU before the trial. The journalists covering the case were attacked by lawyers outside Patiala House court. The students and teachers from JNU who came to attend the trial were also beaten by a group of people dressed in a lawyer's robes, who tried to push them out of the courthouse. Two media members were injured in the fight. Lawyers also verbally abused students, calling them terrorists. The incident caused protests by journalists against the violence. BJP MP O. P. Sharma was among those seen to be hitting a man out of court: Sharma later stated that he had been attacked first. The incident occurred when the police were present, but they did not take any action. On the same day, the First Information Report was filed in connection with the violence in court. The Indian Bar Council criticized the attack, saying it would withhold an investigation. The Delhi court extended Kanhaiya Kumar's jail for two days. Also on February 15, a petition was filed in the Delhi High Court, searching for an investigation by the National Investigation Agency in the case of "incitement": the petition was dismissed the next day. On February 17, the second hearing was held in Patiala House court: it was also disturbed by people dressed in a lawyer's robe. After this fight, Kanhaiya Kumar court prisoner was extended until March 2.
Supreme Court Decision
On February 16, 2016, India's Supreme Court agreed to hear a plea for "free and fair access to justice" to Kanhaiya Kumar, following violent acts against JNU journalists, students and lecturers. Two days later on February 18, Kumar petitioned in the Supreme Court seeking guarantees. On the same day, a panel of six people who had investigated the violence at the Patiala House Court handed the report to the Supreme Court. The Panel appointed by the Supreme Court declared that the police present in the Court were responsible for the security lapses, and further stated that the police allowed 2 persons to enter the courtroom, and continued to allow the attack to occur, a direct violation of SC's direction on Kanhaiya's safety. The Supreme Court transferred Kumar's guarantee appeal to the Delhi High Court to ensure its safety. On February 22, 2016, Indian Today news outlets broadcast a video in which three Patiala House court lawyers claimed that they defeated Kanhaiya Kumar while he was in police custody.
Arrests and other warranties
Kanhaiya Kumar was granted a six-month temporary guarantee by the Delhi High Court on March 2, 2016. Judge Pratibha Rani noted that there was no Kumar record participating in the anti-national slogans. Beyond the immediate problem, the judge also stated that slogans suspected of threatening national integrity, and can not be protected as freedom of speech. He characterizes them as a form of "infection," which is sometimes treatable, but sometimes needs to be amputated. "
Five other students, Umar Khalid, Anirban Bhattacharya, Rama Naga, Anant Prakash and Ashutosh Kumar, had been hiding after Kumar's capture on February 12, and returned 10 days later. Umar Khalid and Anirban Bhattacharya surrendered to the police on February 23, and were taken into custody. The other three students did not give up but said they were open to being questioned by the police when needed. Khalid and Bhattacharya were detained at Tihar Jail, and released on bail on March 17. In releasing them, the judge cited the assurance previously given to Kanhaiya Kumar, as well as the fact that both students were educated individuals. Both were ordered not to leave town. Umar Khalid was accused of being one of the main organizers of the event commemorating Afzal Guru.
The results of the investigation
A separate magisterial investigation ordered by the Delhi Government found no evidence of Kanhaiya Kumar participating in anti-national sloganeering. New Delhi District Judge Sanjay Kumar stated that doubts had been raised about whether Pakistani slogans Zindabad had been sung at the February 9 protest, and questions were asked about whether the outsider came from JNU shouting an anti-India slogan. The report was unclear about Khalid's role in the protest, with Kumar District Judge saying that Khalid's role needs to be "for further investigation." After filing the report, Kumar was released on bail, but Khalid remained in custody. Regarding the fake video controversy, the District Magistrate Kumar investigation reviewed seven videos submitted for verification, and three were found to have been documented with edited and added votes.
The investigation committee appointed by the JNU administration initially asked 21 students to explain their violation of the University's rules. On request, the committee gave various punishments to a number of students. Kanhaiya Kumar was fined 10,000 rupees, of which Umar Khalid and Anirban Bhattacharya were expelled from university. A number of other students receive fines, rustications, restrictions from campus, or withdrawal of dorm facilities. The committee found that the provocative slogans on 9 February incident were raised by a group of outsiders, wearing masks. The panel criticized the campus security forces for failing to prevent sloganeering and failing to stop outsiders from leaving the campus. It also criticized the first event organizer for not "acting with responsibility." The panel stated that "This act by outsiders has brought an abomination to the entire JNU community."
Aftermath
On March 3, 2016, Kanhaiya Kumar addressed a crowded auditorium on the JNU campus, where he said he was seeking, not freedom from India, but freedom within India. He appealed to his fellow students to liberate the nation from the clutches of Rashtriya Swayamsevak Sangh, who he said was trying to divide the nation. Referring to ABVP, whose members were instrumental in bringing his arrest, he called them "opposition", not his enemy. He urged his supporters to continue to raise the slogan of azadi (freedom).
Following the decision of the university's designated committee, the punished JNU students stated that they would not accept their punishment, and would not vacate their dormitory as instructed by the university. On May 28, 25 students went on hunger strikes indefinitely, demanding that their sentences be canceled. Varied students withdrew from the strike as it progressed, as health deteriorated. On May 10, Khalid and Bhattacharya petitioned the Delhi High Court against their punishment. On May 12, a number of other students, including Kanhaiya Kumar, challenged their sentences in the High Court. On the same day, the High Court continued to impose penalties imposed on students until September 19, on condition that students suspend their hunger strike (which has been running for 16 days until then), and allow the University to function normally.
On August 23, the appeals authority of JNU, which heard the students' appeal against their sanctions, upheld the decision of the investigative committee, although some fines were reduced. The students were given a two-week deadline to obey the order. On September 5, Delhi High Court suspended the order, and delayed the hearing on the matter. Between these two events, Kumar, Khalid, and Bhattacharya were also given regular guarantees in exchange for the temporary security they had previously provided in instances of incitement. A few days later, the Delhi High Court further delayed enactment of the University's order until October 19, and temporarily requested the University's response to the student petition.
Fabrication evidence
Zee News reported that some students from the Democratic Student Union (DSU) raised slogans such as "Bharat Ki Barbadi " ("The Destruction of India") and " Pakistan Zindabad " (" ") The Zee News report was found based on misinterpretations by Zee News. In a letter, Vishwa Deepak, one of Zee News's producers at the time, stated "Our bias makes us hear Bhartiya Court Zindabad as Zindabad Pakistan." ("long Indian courts" as "long-lived Pakistan.") Subsequently, Vishwa Deepak resigned from the channel after objecting to his 'biased coverage'. Deepak states that the network has a bias in favor of Narendra Modi, and that he has "taken pains to face situations such as riots".
The misinterpretation was expressed when Aam Aadmi's party filed a complaint, alleging that ABVP students had picked up the slogan "Pakistan Zindabad". ABVP acknowledged that members of their organization were present, but shouted "Bharatiya Court Zindabad" and "Indian Army zindabad," and filed a counter-complaint. Police later stated that "the tape has been tampered with."
Another video, dated February 11, 2016, which showed a speech by Kanhaiya Kumar in which he allegedly made an anti-national statement, is known to have been diagnosed. India Today stated that in the original video, Kumar called for the end of social crimes such as caste and communalism, and did not raise anti-national slogans.
On February 14, 2016, Interior Minister Rajnath Singh alleged that the JNU incident had the support of Lashkar-e-Taiba's Hafiz Saeed. Reports in the media later suggested that these claims were based on posts by Twitter accounts that were supposed to belong to Hafeez Saeed, but turned out to be fake or parody accounts.
Related events
During the controversy at JNU, the parallel event commemorating Afzal Guru was organized by the Committee for the Release of Political Prisoners at the Press Club of India. The event was moderated by S. A. R. Geelani, a professor at Delhi University, who had been accused but released in the 2001 parliamentary bombing case. Some students spoke at the event, discussed Master's and Maqbool Bhat's decorations, and also shared personal experiences. After the event, students raised slogans for the sake of Kashmiri independence. A few days later, Geelani was arrested and charged with incitement by Delhi police, and colleague professor Ali Javed, also called the event organizer, was questioned. Geelani was granted bail on March 19.
The complaint was filed by Sunkari Janardhan Goud's lawyer against "Vice President of Congress Rahul Gandhi, Chief Minister of Delhi Arvind Kejriwal [,] Secretary General of the Communist Party of India (Marxist) Sitaram Yechury [...] Congress Leaders Anand Sharma and Ajay Maken, Communist Party Spokesman India D. King and Janata Dal (United), KC Tyagi. "According to Goud," Gandhi and other leaders visited Jawaharlal Nehru University despite knowing that Kumar was accused of insulting and supporting protesting JNU students. "
The imaging of JNU students and academics as 'anti-national' continued in March 2016. Jharkhand Central University canceled the visit of former JNU professor, MN Panini, invited to speak on Patel Vallabhbhai's Birthday, alleging that he was a mentor Kanhaiya Kumar and student activist others. The Vice-Chancellor said that he was inundated with "email, SMS-ice and call" demanding the cancellation as well as objections filed by State Governor Draupadi Murmu. The Vice Chancellor also suspended the Dean of Jharkhand who invited Panini for the event, stating that the invitation was not licensed.
In the election for the student union from JNU and the University of Delhi in September 2016, the right-wing student union ABVP finished with the worst performance ever. The left-wing student alliance wins all positions. Commentators attribute this result in part to the reaction to efforts to portray JNU students as "anti-national" during the 2016 protests, seen as part of an attempt by the Narendra Modi government to impose its Hindi-nationalist ideology on the University.
See also
- The Anti-Pollock Petition
- May 1968 events in France - student upheaval
- 2017 DU protests
Note
References
External links
- The text of Kanhaiya Kumar's speech at JNU, Hindustan Times, February 17, 2016.
Source of the article : Wikipedia
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