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Political prisoners and activism in the current dispensation – An interview with Arun Ferreira

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Arun Ferreira. Photo: IE

Arun Ferreira. Photo: IE

Arun Ferreira is a political activist based in Maharashtra. He was arrested in 2007 by the anti Naxal force on the charges of being an alleged Maoist. He was subsequently granted bail in 2012 and acquitted of all charges by various courts in January 2014. His book on his prison experiences titled – ‘Colours of Cage’ was released in 2014.

He continues to be politically active and has been since then associated with issues concerning rights of political prisoners. Through this interview we seek to talk about his current work as a political activist, his views on issues pertaining to incarceration of political activists in Maharashtra, as well as on issues concerning radical left and left movements in Maharashtra and India.

by Neeraja and Prathamesh, Sanhati

Q. Can you tell us something about your current work?

A. I’m currently helping a few organizations working on prisoners’ rights and with lawyers in cases pertaining to incarcerated political activists. I’m also studying law.

Q: Can you tell us more about cases in Mumbai regarding the arrest of political activists in which you have been helping with their defense?

A: Some of these activists implicated are Angela Sontakke, Sushma Ramtekke, Jyothi Chorge, Nandini Bhagat, Anuradha Sonule, Siddharth Bhonsle and Deepak Dengle. The first five of them are from Vidarbha and a few had been earlier implicated and made accused in a conspiracy case regarding the Deshbhakti Yuva Manch in Chandrapur. Siddarth and Deepak were members of the Kabir Kala Manch in Pune. The State has been attempting to project the Kabir Kala Manch as a Maoist Front organization and hence this case. The second batch of prisoners namely Sheetal Sathe, Sachin Mali, Sagar Gorke and Ramesh Ghaichore were later on arrested in this case. All of the accused except Angela, Sachin, Ramesh and Sagar are presently on bail.

It has been the traditional tactic of the state when arresting political activists to frame a criminal conspiracy in such cases. In this case, all are accused of membership and association with the CPI(Maoist), an organization deemed terrorist and thus banned under the Unlawful Activities Prevention Act (UAPA). These accusations are made on basis of possession of books and other literature.

Q. Is guilt then proven by association?

A. The UAPA allows for the determination of guilt on the basis of association and ideology. This is inconsistent with existing constitutional provisions of freedom of expression, ideology or association. The Supreme Court thus rightly concluded in the Arup Bhuyan and Indra Das judgements that mere passive membership in a banned organization does not make a person guilty. In that case the accused were allegedly members of a banned organization i.e. the ULFA. The Bombay High Court further developed on this interpretation while granting bail to Jyothi Chorge and others. But subsequent bail applications for Angela, Sachin, Ramesh and Sagar were not successful although the defence claimed parity in the application of the HC judgment. Many a time bail is granted on the subjective opinions of the presiding judge of the Bench.

Q. How does UAPA play a role here?

A.  The list of banned organization, which is referred under UAPA schedule, mentions that ‘CPI(Maoist) and all its fronts’ are banned. It is a rule in interpretation of statutes, that penal laws including any such list should be precisely worded. The question of an organisation being ‘a front’ is determined by an act of the armed forces or Intelligence agencies rather than concrete evidence. This determination allows organizations like the Kabir Kala Manch, or even National Civil Liberties organizations to be easily branded as Maoist fronts. It also makes this determination a subjective  whim of the police authority or the political bosses in power to declare any social and political organization as a front. Similar to the logic of how Greenpeace is now considered as anti-national by the IB. But here it is even more dangerous as such a determination causes a person to be detained for years on end.

Existing law allows for ‘abettors’ and ‘conspirators’ of an offence to be made culpable. However UAPA by determining guilt by association further stretches this interpretation of who is an abettor or co-conspirator. The use of law is such that many find themselves slapped with these charges, without concrete grounds of them being involved in a specific offence or an act of violence.

Q. How is membership of an organisation established in courts?

A. It is usually done by the means of establishing ideological moorings which in turn is often established by possession of books or computer files. Surrendered Naxalites are also used to give statements against the accused to prove membership or association. Under the Government’s Surrender policy, such persons will not be arrested or tried for offences they have committed on the condition that they co-operate with the police agencies. This so-called co-operation implies acting on the directions of the police authorities and fabricating statements as per their wishes. This makes their testimonies in court highly suspect.

Q. Can you tell us about arrests under UAPA in Maharashtra in recent times?

A. In Maharashtra, there are three types of arrests under UAPA. One would be those muslims arrested in blast cases, whether involved or falsely implicated. Secondly persons arrested for association with Naxalism. These primarily consists of Adivasis and Dalits. And lastly, some members of Hindu fascists associations such as Abhinav Bharat and Sanathan Sansthan. In Western Maharashtra, most of the political prisoner cases are on Muslims, with a comparatively few of Naxal related cases. In Vidarbha (Eastern Maharahtra) on the other hand, the bulk of the cases are Naxal related.

Recently in September 2014, Arun Bhelke and his wife Kanchan were arrested in Pune under charges of Naxalism. Arun Bhelke was the president of the Deshbhakti Yuva Manch, a youth organization in Chandrapur and a co-accused in one of my cases. Subsequent to these arrests police authorities started harassing activists of other mass organizations. This is the modus operandi of the State vis-à-vis suppressing organizations they perceive as a threat.

Q. How do you see the difference between the terror accused and those accused of being Naxalites?

A. Muslims arrested in terror related cases are tortured and treated more brutally. The anti-minority bias of the State is apparent in such treatment. They are sometimes even prevented in arranging lawyers for their defense— a direct violation of their fundamental rights. Innocent victims in all such cases, many a time fail to complain against such brutality and speak up in court. On the other hand, activists, whether members of SIMI or mass organizations alleged to be associated with Naxalism have always boldly defended their rights both before the Court and in prisons. They have historically been the leaders of prison hunger strikes and struggles.

Q. In a comment of yours on Sanhati pertaining to the debate on Kabir Kala Manch Defence Committee, you supported the opinion of how the state sometimes uses Civil society organisations as a co-opting tool. Would you like to elaborate on that?

A. My comment was in response to the debate that followed Advocate P. A. Sebastian’s opinion on ‘Co-option’. I thought that it was necessary to intervene as many comments advocated that Civil liberty organizations should further help bring rebels in the mainstream and surrender before the State. This is an extremely dangerous trend. Historically Civil liberties and democratic rights activists had a role in standing up for political activists and fighting for their freedoms, when they were arrested. Defense committees in the aftermath of the Telanghana struggles and during the Royal Indian Mutiny trials come from this tradition. If activists on their own accord choose to court arrest, civil society can then step in to defend their rights. However it would be wrong for Civil Society to act on behalf of the State to facilitate this act. This is a worrying trend.

Q. Can you briefly tell us about the history of progressive movements and activism in Maharashtra?

A. Historically two progressive movements have taken root in Maharashtra. One a strong anti- brahmin movement and the other emerging from the Socialist tradition. Communist movements had strong bases among the earlier industrial working classes. But this has declined down the years. The workers’ movements in Bombay started declining in the 1980s. The phase of militant trade unionism in 1980s can be described as a historic attempt for their survival against the assault of Capital which had other financial plans for Bombay.

The period of neo-liberal Globalization in Bombay saw a transition from Mills to Malls. This was also the phase that saw the rise and maturing of the right wing. With the Shiv Sena- BJP government in power major political events shaped city’s politics of the 1990s. One was the 1992-93 riots and the other was the slum demolition drives of 1996-97. Both changed the geography of the city and mindset of its inhabitants.

In Bombay, with the decline of its earlier working class movements, the landscape in activism is largely being dominated by NGOs. However there is a both a need and scope for newer forms of radical left politics to emerge, which could correctly address the issues of the people and also creatively defend itself from the onslaught of State repression. In the last ten years throughout the country, this repression has systematically destroyed all expressions of radical left in the cities.

On the other hand, in eastern Vidarbha, the existence and growth of the Naxal movement in Gondia and Gadchiroli despite severe repression remains a source of inspiration for every emerging generation.

Q.  Do you see resistance growing stronger, in the wake of the aggressive neoliberal agenda being pursued by Modi government? How do you see the political landscape changing in the Modi era?

A. It should happen, but one cannot be too deterministic about such matters. It is not a strict one to one correspondence between degree of exploitation or oppression and the rise of peoples’ resistance. Although the latter is determined by the former, other factors too have a role to play. The emergence of the present government has created an umbrella like situation, under which all forms of reaction are offered patronage. Be it the killers of Narendra Dabholkar, the perpetrators of caste atrocities or the attacks on Minorities in the form of Love Jihad and Ghar Wapsi. Even defenders of the environment are perceived as anti-development and hence ant-national. These are some of the dangers that are emerging. This in fact is what the corporate ruling class wanted in getting this government in power. However even in this situation, possibilities of mass resistance are immense. There are opportunities for the radical left forces to forge broad alliances with other sections. Broad fronts against Brahminical Fascism, against displacement and against the attack on established Civil Rights are bound to be the future scenario of the Modi-era.

Women inmates allege forced sex in jail

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Parappana Agrahara

Bengaluru: Some wardens force women convicts to have sex with male convicts, according to a letter written from inside the Bangalore Central Prison. Signed by a group of women inmates, the letter alleges the wardens charge the men between Rs 300 and Rs 500 for the ‘service’.

A judge who found two letters in a grievances box — detailing the goings-on at the Parappana Agrahara prison — has forwarded them to the Karnataka High Court for action. The letters, copies of which have been accessed by Express, are addressed to the Chief Justice of Karnataka, and seek his intervention to end the rampant exploitation of women convicts. One of the letters lists the names of wardens and officials who send convicts to male prisoners, and extort bribes.

The women are allegedly fleeced for everything: they pay Rs 200 to Rs 300 just to meet relatives, even though the visits are legitimate.

Officials have created an environment where nothing can be accessed without money. This forces women convicts to give in to their pressure, the letter, written in Kannada, states. “If we don’t pay, they yell at us like they would at dogs, and don’t allow us to talk to our relatives,” it says.

The Home Department has been ordered to conduct an inquiry into the alleged sexual harassment of women inmates in the Central Prison at Parappana Agrahara, said Home Minister K.J. George, who also holds Prison Department portfolio, on Friday. “We have asked the Home secretary to conduct a detailed probe and submit the report in 15 days,” he said.

However, Deputy Inspector General of Prison, P M Jayasimha said, “The women wardens mentioned in the report do not work in the Central prison any more and did not have access inside the prison.” The prison is covered with CCTV cameras and the barracks for men and women inmates are separated by at least half a kilometre, he added.

The inmates could have discussed their problem when a high-level committee from Delhi comprising 15 women, which visited the prison to enquire into their well-being, he said.

Inside the Anda Cell: Excerpts from Arun Ferreira’s Prison Memoir

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Book excerpts from Arun Ferreira Colours of the Cage: A Prison Memoir

From 28 May to 14 June 2007, I was slapped with five more cases relating to Naxalite violence in Gondia, a district about 150 kilometres from Nagpur. Gondia and especially Gadchiroli, the other district lying at the extreme end of Maharashtra, are areas of intense Maoist activity. In almost all of Gadchiroli and parts of Gondia, armed Naxal squads have fought the police and paramilitary forces with support from the local tribals and peasants. This is in keeping with the Maoist strategy to establish revolutionary centres in rural areas in the hope of eventually growing to seize power throughout the country. It is no coincidence that these districts are also among the poorest areas in Maharashtra. In 2011, Gadchiroli had the lowest ranking on the state’s Human Development Index.

Arun Ferreira

The five new cases allowed the police to get me back into their custody for another twenty-three days, till 19 June. I was shifted to Amgaon, a police station in the interiors of Gondia, where I was subjected to more sleep deprivation, harassment and interrogation. This time though, I was fortunate to get away relatively lightly. But my co-accused were not so lucky. The police, under the direct supervision of the sub-divisional police officer, a man named Korate, injected petrol into the rectums of two of them. A couple of staff lifted their legs while an inspector infiltrated the 20 ml of petrol into their bodies. The vapours of gasoline burned the intestine linings, which resulted in agonizing days of anal bleeding, blood clots and continuous belching. I wonder how Korate knew that exactly 20 ml of petrol would cause such enormous pain yet not kill. Such knowledge could only have been acquired by some sort of training. Ashok Reddy did manage to complain to the court about this. However the state-appointed doctor, obviously a friend of Korate’s, diagnosed Ashok’s condition as piles and exonerated the officer and his accomplices.

I was, for reasons best known to them, protected from such treatment. The police would come by to interrogate me every couple of days—whenever they got a list of questions from a superior. When I didn’t reply to their first question, they never got further down the list, and that’s where the torture would start.

‘Arre, Bajirao ko bulao,’ the inspector would call.

A narrow belt attached to a wooden handle would be brought in by a constable—an implement that policemen across Maharashtra fondly call ‘Bajirao’. It takes its name from Peshwa Baji Rao, a lieutenant of Shahu Maharaj, a ruler who is credited with greatly expanding the Maratha Empire. Maharashtra’s police personnel, largely dominated by the Maratha caste, find this instrument similarly trustworthy. The Bajirao belt was deployed carefully, only on the palms or soles of the feet. When whipped, the cluster of nerves at the heel pad causes enormous pain but displays no external injuries, so I wouldn’t have any proof if I tried to complain to a magistrate. However, doctors know that such foot whipping can cause permanent nerve damage. It reduces the elasticity of the heel pad causing agonizing aches, especially on cold nights, for years afterwards. Such torture, though not so visible to the naked eye, leads to irreversible harm to the body.

Once in a while, often due to the inexperience or over enthusiasm of the torturer, this permanent damage extends to death. No wonder Maharashtra still retains its privileged position of having the highest number of custodial deaths in India. It recorded 22 in 2011, way ahead of Gujarat, which came next with 7 deaths. Invariably, the government’s National Crime Records Bureau (NCRB) attributes these deaths to natural causes or to suicide. People like Korate and his seniors are never held responsible.

Book-Colours-of-The-Cage_A-Prison-MemoirMuslims are represented in prison in greater proportion than in the outside world. In Maharashtra, they account for 36 per cent of the prison population, whereas in society their share is 10.6 per cent. Muslim festivals in prison are important events. During the Ramzan fast, entire barracks are emptied out to accommodate Muslims. Food is served in these barracks at timings suitable for their roza, and prison authorities sell fruit and dates during this month. For those in cellular confinement like the anda barrack, such community gatherings are not allowed. However the cries of the azaan and the sharing of iftaar delicacies lend a festive air to even the anda.

In my section of the phasi yard, Asghar was the only Muslim inmate. He was allegedly a co-conspirator of Javed (who was in the anda) in setting off blasts on the Mumbai rail tracks. Before he was arrested, Asghar Kadar Shaikh, a resident of Mumbai, had worked part-time as an auto-rickshaw driver and the rest of the time as a florist. In jail, he worked as gardener in the compound surrounding the phasi yard. He was also entrusted with the job of keeping the gallows clean, oiled and functioning. Despite the grim task he was expected to do, he was extremely friendly and witty. He always had a unique take on the world around him, and made for good conversation in the yard.

‘Prisons will improve only if election rules are changed,’ Asghar would often philosophize.

‘How come?’

‘Once prisoners are allowed to vote, politicians will then pay heed to our needs.’

‘You mean, inmates can’t vote? But isn’t that a fundamental right?’

‘Not for us. Hum voting kar nahin sakte lekin chunav ladh sakte,’ he answered. (We couldn’t vote but we could stand for elections.) He explained how Section 62(5) of the Representation of the People Act, 1951 disqualifies any imprisoned person, whether awaiting trial or convicted, from voting. However, Section 8 and Section 11A of the same act allowed undertrials and convicted persons under certain offences with sentences less than two years to contest elections.

‘Dekho,’ he went on, ‘in slums or villages, the needs of the poor are only fulfilled during general elections. We need to become a vote bank. Politicians would then value our voice and improve prison conditions.’

‘But such change will be superficial and short-termed, much like charity.’

‘Sahi hai,’ he’d continue, ‘but it will still be an improvement.’

Debates and discussions with Asghar would continue for days. He often articulated his preference for a death sentence to being imprisoned for his whole natural life. An instant death would immediately end the suffering of his family. It would, he held, allow them to start life afresh.

By June 2008, the number of us in the yard branded as terrorists started increasing. We got three more Muslim boys, Sajid Ansari, Muzzamil Sheikh and Majid Shafi, who had been arrested in 2006 and were accused of planting bombs in a Mumbai train that year. They had been thrashed by the prison authorities in Mumbai and arrived with multiple fractures and bruises. Sajid and Majid were young fathers who had only enjoyed a few months of parenthood before they were arrested. Muzzamil was still unmarried. The three were deeply religious and adherents of Ahl al-Hadeeth, believers in the strict interpretation of the Koran. Sajid and Muzzamil were residents of Mumbai and had earlier been members of SIMI. We had intense discussions on politics and Islam. They despised the Indian state’s treatment of Muslims and would never fail to express their views passionately. I had hoped to learn Urdu from Sajid, who was an excellent calligrapher and now regret having failed. Majid, on the other hand, was a romantic. He’d often speak about his family, his baby girl and the football he missed in Kolkata. From our discussions it became evident that Sajid, Muzzamil and most of their numberkaari were arrested merely because of their previous allegiance to SIMI. Majid, on the other hand, was implicated in the concocted police story because he lived close to the Bangladesh border. All of them faced the Herculean task of defending themselves from being convicted of a crime that had left 209 dead and over 700 injured. The well-oiled gallows haunted them daily.

You can order the book online here.

85,000 persons forcibly disappeared in Syrian prisons

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prison-jail-hands-bar

– by MEM

The Syrian Network for Human Rights, SNHR has issued a report marking the international day of the victims of enforced disappearances saying the Syrian regime’s forces are holding at least 85,000 people since the outbreak of the Syrian revolution on March 15, 2011.

The network said “the Syrian regime have been carrying out arrest campaigns since the beginning of the Syrian revolution. They targeted the leaders of the popular uprising at first before expanding to include anyone connected or related, even remotely to the Syrian revolution or any other political, intellectual, media or humanitarian activities aiming to benefit the Syrian revolution”.

The report stated that “the great disaster is the fact that there is not any information about the whereabouts of those detainees according to tens of testimonies of victims’ families”.

The report pointed out that enforced disappearance is a violation of customary humanitarian law and a crime against humanity according to Article 7 of the Rome Statute, amounting to a war crime.

The network also pointed out that it has lists of more than 110, 000 people still being detained by the Syrian regime and that the real number of detainees could be double, amounting to nearly 215, 000 prisoners.

The network said the Islamic State (IS) has arrested hundreds of people and committed the crime of enforced disappearance, mostly against media activists, military activists or even relief workers. One of the most notable individuals that have been disappeared was Father Paolo Dall’Oglio.

The network held the armed opposition factions responsible for committing enforced disappearance, most notably against civilian activists such as Razan Zeitouna, Wael Hamada and Samra Al Khalil.

SNHR head, Fadel Abdulghani said “the Syrian regime has not only arbitrary arrested tens of thousands of civilians, it also keeps them in undisclosed locations perpetrating several crimes at the same time. The detainee should be kept in places that have humanitarian standards, publically known and supervised by the government who should be responsible for his life and security. They should also ensure that he is not tortured to die. If the Syrian authorities refuse to give information about the detainees and their places of detention, then they are a partner in the crime of enforced disappearance.”

The network recommended that the United Nations and the Security Council pass a binding resolution forcing the Syrian authorities to release all those detained.

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