Skip to main content

Mumbai cops 'intimidate' minority youth, esp girls, protesting Palestinian kids killing

Counterview Desk 

Top human rights group, People’s Union for Civil Liberties (PUCL), Maharashtra, condemning the illegal detention of peaceful protestors, harassment and filing of criminal case against 13 people in connection with a peaceful prayer gathering in Mumbai to commemorate the children killed in Palestine on the occasion of Children’s day, has insisted, "Democracy demands that right to protest be protected not punished."
"Disturbingly", the statement said, the attitude of the police was "intimidatory towards the young members of the minority community, especially the young girls, who had peacefully participated in a prayer gathering for peace. The youth were asked to provide all their personal details and their parents were later summoned to the police station."

Text:

People’s Union for Civil Liberties (PUCL) Maharashtra expresses grave alarm and concern at the increasing trend of criminalising public protest or any form of public expression on social issues and deplores the manner in which police in Mumbai speedily lodge cases against those participating in such democratic events.
Especially in the context of the ongoing Israeli war on Palestine resulting in civilian deaths, the Mumbai police has in effect imposed a de facto ban on any form of peaceful public protest by citizens demanding an end to the violence, including the holding of peace gatherings and prayer meetings, even candlelight vigils in public places like the Azad Maidan. In no other part of India do we see this sort of obstruction to the right to protest, as is being seen in Mumbai.
The recent example of the First Information Report (FIR) lodged by Juhu police under sections 37 (1), 37 (3) and 135 of the Maharashtra Police Act (MPA) against 13 individuals, 11 of whom are students, on November 14, 2023, for alleged violation of prohibitory orders, is a case in point.
All of them were picked up on November 14, 2023, after they responded to a multi-city call emanating from an Instagram account ‘solidaritymovement’, to observe Children's Day in India with a quiet prayer recital of the names of children who were killed in Palestine. It appears that several persons attended the peaceful prayer gathering at Juhu beach.
However, after the prayer gathering ended and participants had dispersed, Juhu police picked up 17 individuals at around 10.30 a.m. They were taken to Juhu police station and illegally detained there until 7.00 pm when they were released. 4 of them who were underage youth (2 boys and 2 girls), were allowed to leave only at 4 p.m. and their parents were called.
PUCL Maharashtra has learnt that of the 17 individuals -- all from the minority community, picked up by the Juhu Police, 16 individuals being 4 minors, 11 students and 1 mother of a student -- had gone immediately after the prayer gathering ended to collect the posters that they had earlier voluntarily kept in the police cabin near the beach as it was decided that the gathering was meant to be silent i.e. without any posters or banners.
The police present there however started questioning them and asked them to pose with the posters and placards and photographed them. The police then told them they will escort them to the Bus Stop to ensure they leave safely. As they proceeded under the directions of the police, suddenly they found a police van had arrived and they were forcibly pushed into the van, detained and taken to the Juhu Police Station. The youth were frightened and many were crying. At the police station, none of them were allowed to contact their parents or seek any legal help and call up a lawyer. All this is in clear gross violation of their basic legal rights.
The 17th person picked up by the Juhu Police was social activist Feroze Mithiborwala. He too was picked up by Juhu police after the prayer gathering had ended and was also made to remove posters from his bag, though he had never displayed any posters at the prayer gathering. But the police were not willing to listen to any reason.
In this manner, the 13 people illegally detained were finally released only at 7.00 pm on November 14, 2023, after being served with notices. They were asked to return the next day i.e. on November 15, 2023 at 11.00 am to submit their Aadhar Card xerox copy and 2 photographs. Then, on that day, the rest were allowed to leave by around 1.00 pm, but Feroze Mithiborwala was detained there till 6.30pm once again, when he was extensively questioned.
Clearly, the police action was excessive and arbitrary, and this is a clear case of police harassment. Disturbingly, the attitude of the police was also intimidatory towards the young members of the minority community, especially the young girls, who had peacefully participated in a prayer gathering for peace. The youth were asked to provide all their personal details and their parents were later summoned to the police station.
Activist Feroze Mithiborwala was repeatedly questioned whether he had organised the meeting, despite his repeated denial that he had only come in response to an online call and knew none of the youth involved. Even a copy of the FIR was only provided to them after an application from their lawyers.
There was no occasion or ground for the police to file an FIR, that too selectively against the 13 people after the peaceful gathering had dispersed and when there was no disturbance to public order or violation of law. Moreover, in any event, none of the 13 people were involved in organizing the event but had only responded to a humane call on social media for the prayer gathering.
Right to protest is a fundamental right of citizens guaranteed under the Indian Constitution and essential to our democracy. However, the increasing number of such instances show that the right to protest of citizens is not only being infringed upon, but even attempting to assemble peacefully in Mumbai is being met with harsh and intimidatory police action and criminal sanctions, creating an atmosphere of fear in which democracy cannot thrive or find expression.
PUCL expresses concern on misuse of penal law against peaceful protestors, criminalizing and silencing voices of democratic expression
There has been continuous imposition of prohibitory orders under Section 37 (1) and (3) of the MPA, thereby providing ground to the police to criminalise peaceful gatherings and protests, and to selectively restrict protests. Meanwhile, most applications / intimations to the police for holding protests by citizens’ groups and civil society organisations are being denied and met with sanctions, including the peace gatherings and anti-war public protests on the ongoing Israeli war on Palestine.
The police has been serving notices under Section 149 of the Criminal Procedure Code, 1973 (CrPC) to the applicants/organisers while denying permission to protest and the applicants/organisers have also on occasion been put under preventive detention under Section 151 of the CrPC.
Just last month, the Mankhurd Police had arrested two young Mumbai activists and charged them under Section 353 and 332 of the Indian Penal Code, among other offences for violation of prohibitory orders under Section 144 of the CrPC and Section 37 of the MPA, and also detained 4 persons under Section 151 of the CrPC, in connection with a protest against the Israeli government’s ongoing violent attacks impacting civilians in Palestine.
It is unfathomable that the arbitrary police action has in effect resulted in a complete restriction in Mumbai on public protests and peace gatherings against the unprecedented violence and suffering faced by Palestinians, for which daily protests are taking place globally and even in other states in the country calling for ceasefire.
In fact, it is even more shocking that public demonstrations calling for an end to the ongoing violence in Palestine are being penalized in such fashion, considering India’s own history of freedom struggle from colonial rule and its long-standing recognition of the statehood of Palestine and the self-determination struggle of Palestinians.
PUCL Maharashtra expresses concern on the misuse of penal law against peaceful protestors, thereby criminalizing and silencing voices of democratic expression and dissent. PUCL Maharashtra demands that the FIR lodged against the 13 civilians by Juhu police on November 14, 2023 be dropped forthwith and that the constitutional right of citizens to protest and to give peaceful expression to their views or feelings be protected.
PUCL Maharashtra once again notes with distress, that there appears to be a concerted attempt to silence peaceful protests against war and violence. PUCL Maharashtra demands an end to the excessive, continuous and restrictive imposition of prohibitory orders under Sec 144 of the CrPC and Section 37 of the MPA.
These orders, ostensibly issued to maintain public order, actually result in a curb on the constitutional right to public protest or gatherings and instead facilitate the criminalization of peaceful and democratic protests. This creates a chilling effect, amounts to censorship and is against the fundamental right to freedom of speech and expression, association and assembly. PUCL Maharashtra reiterates its demand that the legitimate right of citizens to protest be protected fiercely in the interest of our nation which is built on the fulcrum of that very right.
-- Mihir Desai, President; Lara Jesani, General Secretary, PUCL

Comments

TRENDING

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Four J&K MLAs visit Wular lake, pledge support to fisher community, environmental conservation

By Shamim Ahmed*   In a historic meeting that highlighted both environmental and social concerns, four Members of the Legislative Assembly (MLAs) visited Wular Lake to meet with the fisherfolk community, signaling a significant step in addressing their longstanding issues. This gathering, organized with the support of dedicated advocates, marks a strengthening of efforts to both safeguard the lake’s ecosystem and support the community’s welfare.

Supreme Court’s dismissal of PIL on Covid vaccine safety is counter to known science and mathematics

By Bhaskaran Raman*  On 14 Oct 2024, the Supreme Court of India dismissed a Public Interest Litigation (PIL) on the side-effects of the Covid vaccine. In 2021, the world saw the rollout of various Covid vaccine candidates. In India, Bharat Biotech’s Covaxin and Serum Institute of India’s Covishield were rolled out. Covishield was nothing but Oxford’s AstraZeneca relabelled in India. The importance of open-minded and scientific probe of Covid vaccine safety In 2020/2021, all Covid vaccines were authorized for emergency use, which meant that the necessary efficacy and safety follow-up was incomplete at that time. The originally approved trials – called randomised controlled trials (RCT) had a “vaccine” group and a “placebo” group for comparison. Such experimental comparison/control is the cornerstone of the scientific method – which even children learn in photosynthesis experiments in class-1. The vaccine trials were scheduled to conclude in late 2022/early 2023. For instance, Covax...

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya.