The last few months for the country have been shell-shocking and disturbing due to the increase in CoronaVirus, where the loss of life has been unbelievable and saddening. The prioritization of elections and vote banks over people’s health was one of the biggest highlights of the West Bengal Polls. The sheer negligence towards the guidelines laid down by the Election Commission on account of conducting elections during a pandemic outbreak was seen in the election rallies conducted in Tamil Nadu, Assam, Puducherry and West Bengal. As the spread of the CoronaVirus is increasing in India, the malpractices of the precautionary rules such as social distancing, avoiding mass gatherings were neglected during many election rallies.
To add fuel to the fire. The West Bengal Post Poll Violence erupted in the state right after the declarations of the winning polls to the country. Mamata Banerjee led All India Trinamool Congress (TMC) returned to power for the third term with a landslide win in West Bengal. TMC won 213 seats with a 48 per cent vote share, while the Bharatiya Janata Party (BJP) could win just 77 hearts with a 38 per cent vote.
The West Bengal elections have always been in the media coverage due to the political violence that erupted in the state since the times of Independence. The influencing factor in the 2021s elections was the power dynamic between Bharatiya Janata Party (BJP) and the Trinamool Congress. The aftermath of the West Bengal elections resulted in post-poll violence. The question became even more controversial as the violence in the state resulted in several deaths and injuries of the representatives of both political parties. Some reports also mentioned violence against the households supporting the respective parties.
An article published by FirstPost; mentions several alleged cases of killings in the Burdwan district. The article verifies that the TMC stated that three out of four people killed in Burdwan were TMC supporters. In contrast, the BJP claimed nine of the political parties supporters, including a woman, were killed by the TMC during the clashes that occurred in the state after the assembly elections. “Even after the results were announced, BJP attacked our supporters in certain areas but we ask our men not to get provoked and instead report to the police,” Stated the Leader of Trinamool Congress, Mamata Banerji.
A digital newsletter, ThePrint: While covering the issue of post-poll violence in West Bengal, specified in their article that the Ministry of Home Affairs approached the Governor of West Bengal: Jagdeep Dhankar and requested a report on the law & order of the state, which included the eruption of violence as the aftermath of the assembly election.
— Spokesperson, Ministry of Home Affairs (@PIBHomeAffairs) May 3, 2021
The Governor even urged Chief Minister Mamta Banerji after the swearing-in ceremony the need of controlling the raging violence in the state.
PM called and expressed his serious anguish and concern at alarmingly worrisome law & order situation @MamataOfficial
I share grave concerns @PMOIndia given that violence vandalism, arson. loot and killings continue unabated.
Concerned must act in overdrive to restore order.
— Governor West Bengal Jagdeep Dhankhar (@jdhankhar1) May 4, 2021
The Bharatiya Janata Party highlighted the different angle of political violence as the act of Communal Violence. The BJP started to overdrive the perspective of communal violence in the state by Tweeting and reposting false images and video while talking about the Muslim-Hindu vandalism in different parts of West Bengal. One of BJPs influential member and journalist Swapan Dasgupta Tweeted the following on alleged communal violence: “Alarming situation in Nanoor (Birbhum district) with more than a thousand Hindu families out in the fields to escape marauding mobs seeking to take it out against BJP supporters. Reports of molestation or worse of women. @AmitShah please rush some security to the area.”
Alarming situation in Nanoor (Birbhum district) with more than a thousand Hindu families out in the fields to escape marauding mobs seeking to take it out against BJP supporters. Reports of molestation or worse of women. @AmitShah please rush some security to the area.
— Swapan Dasgupta (@swapan55) May 3, 2021
During the aggravated condition between the two political parties, social media was one of the victims of the clashes between the two parties as it acted as a medium to spread fake news along with disturbing images and videos. Many BJP supporters posted old and false visuals about the lynching of people and other videos where houses and shops were being looted under the pressure of post-poll violence by the oppositional candidate. Many tweets started to follow up these visuals and called them out to be fake and an act towards disturbing the social order and peace within the state. The rampant growth of misinformation, along with the usage of old visuals, which proved to be irrelevant to the current situation in Bengal, was concerning.
The West Bengal Police also tweeted and reposted news items and visuals and termed them as fake and incorrect to the current situation in West Bengal. Later, the TMC MP- Derek O’Brien tweeted his displeasure about the same through his official Twitter account, saying, “BJP IT cell could have given trolls some time off after results. All cases on SM are BJP intra-party fights. Three+ factions in Bengal. They hate each other. MO-SHA came here and spread hate for the last four months. Bengal wants peace and harmony. BJP wants divisiveness” (MO-SHA: Abbreviation of Modi-Shah Governance)
BJP IT cell could have given trolls some time off after results. All cases on SM are BJP intra-party fights. Three+
factions in Bengal. They hate each other.
MO-SHA came here and spread hate for the last four months. Bengal wants peace and harmony. BJP wants divisiveness https://t.co/MAXXs6sv13
— Derek O'Brien | ডেরেক ও'ব্রায়েন (@derekobrienmp) May 3, 2021
According to the Times of India article on the issue, it mentioned the killings of several TMC representatives. These clashes amongst the political parties resulted in the death of TMC workers like Debu Pramanik, who was hanged to death in his house. In contrast, Ganesh Malik, another part worker, was allegedly killed by the BJP in East Burdwan. The Chief Minister also claimed that the police officials handling the situation were also biased towards BJP in certain parts of the state. “I want to remind BJP that what they are doing is not right…I want to tell the police that some of them have workers in favour of the BJP. But this is the time we should perform Raj Dharma,” said the Chief Minister while concerned about the role of Cooch Behar SP as the violence continued in the northern districts of Bengal.
The situation remained worrisome, as JP Nadda: BJP National President, visited West Bengal during his two-day trip to the state where he was set to meet the families of the alleged victims of the violence, while the party also initiated a Dharna on 5th May, the day of the swearing-in of the TMC Leader Mamata Banerji.
“We are committed to democratically fighting this ideological battle and the activities of the TMC, which is full of intolerance,” I had heard of the immense atrocities committed during the Partition. Still, I have never seen such post-poll violence that is occurring in West Bengal after the declaration of election results (on May 2, 2021)- stated JP Nadda, BJP National President, to the reporters.
Abhijeet Sarkar's mother was weeping for him. Only those who can't hear her screams can call such serious issues a stunt, a drama. BJP won't tolerate such bloodied politics – done just for power. BJP won't tolerate political oppression being done on people of Bengal: BJP chief pic.twitter.com/GjiOznSLoL
— ANI (@ANI) May 4, 2021
The aftermath of the West Bengal elections has been disturbing due to the loss of life and property that occurred in the mere span of days after the declaration of assembly results. The political violence in West Bengal always existed but never achieved a humanitarian media approach where discussions were based on people’s lives in Bengal getting affected for years now due to the unstable political atmosphere in the state. The citizens of Bengal have been witness to many such political disturbances over the years and what they need is a peaceful resource to the disturbances between the two political parties, which are solved by diplomatic dialogue without initiating violence and disturbing the public order in the state.
Ram Mandir Opening For “Darshan” In 2023
The Ram Mandir in Ayodhya is expected to allow visitors by December 2023, with the completion of construction only in 2025.
Sources in the Shri Ram Janmabhoomi Teerth Kshetra have revealed that the colossal project of building the Ram Mandir in Ayodhya, Uttar Pradesh, will be opening for devotees towards the end of 2023. In contrast, the project’s entire construction completion is expected towards the end of 2025. The sanctum sanctorum (Garbha Griha), along with the mandir’s first floor, will be ready by December 2023. Devotees will be allowed to visit the long-awaited mandir soon after the construction is completed.
An ANI report said, “The grand Ram Mandir being constructed in Ayodhya will be opened for devotees from December 2023. Sources told ANI that Garbhagriha, all five mandaps and the first floor will be ready by December 2023 and the mandir will be opened for devotees”.
Completion of entire Ram Temple complex in Ayodhya is expected by the year 2025; A museum, digital archives and a research centre also to come up in the temple complex: Sources
— ANI UP (@ANINewsUP) August 4, 2021
The sanctum sanctorum will be as high as 161 feet and built using Rajasthani marble and stones. Engineers and architects are taking all measures to ensure the longevity of this enormous project. The second stage of construction is expected to begin in December this year. Currently, the structure is at a standstill as a result of monsoons. Another reason for the delay is the coronavirus pandemic that depleted the force with which the mandir’s construction was expected to go on.
Ram Temple in Ayodhya will be ready in a year or two. Delhi government has decided to take senior citizens to Ayodhya for Ram Lalla's darshan with travel, accommodation, and food expenses to be borne by us: Delhi CM Arvind Kejriwal pic.twitter.com/MDGeP0k613
— ANI (@ANI) March 14, 2021
The announcement of the mandir being opened to visitors in 2023 has brought up questions about the political agenda. It is believed that the Bharatiya Janata Party (BJP) aims to use the mandir to catapult themselves into a position of advantage during the 2024 Lok Sabha elections. Opening the mandir to devotees in December 2023 will give the BJP an easy 6-month gap to the general elections in 2024.
The opening of the long-awaited Ram Mandir in Ayodhya could be the factor that diverts the public, at least the Hindu’s in favour of BJP. Thus, securing them a vote bank based on religious sentiments upheld by the party in their previous tenure as the ruling party.
The Ram Janmabhoomi Mandir will be 360 feet long, 235 feet wide, and 20 feet high mandir will be completely ready by the end of 2025. The project will include amenities and structures like museums, archives, research centre, Sant Niwas, gau and Yagya shala, Etc. The main attraction is the Ram Mandir.
Centre to SC: Shreya Singhal Judgement- States Also Have Liability To Guarantee Individuals Not Troubled Utilizing Scrapped Section 66A
The Center has submitted to the Supreme Court that police and police requests being state subjects, the obligation to ensure the execution of the pronouncement that annuls Section 66A of the Information Technology Act belongs to the states. Further, the law requires organizations to share equivalent obligations to hold out the judgment.
On July 5, 2021, a Bench drove by Justice Rohinton F. Nariman said it was “upsetting,” “shocking” and “terrible” that individuals are as yet reserved and tried under Section 66A even six years after the apex court struck down the arrangement as unlawful and an infringement of free speech. The NGO People’s Union of Civil Liberties, represented by senior lawyer Sanjay Parikh and advocate Aparna Bhat, had made the court take notice of the contempt.
Undead segment: About Section 66A of the IT Act
In its reaction, the Centre said the police and public request were “State subjects” under the Constitution. “Counteraction, location, examination and arraignment of wrongdoings and limit the working of the police are essentially the obligation of the States,” the Centre submitted in the affidavit. It said law requirement organizations share equivalent obligation to agree with the apex court judgment. They make a move against cybercrime offenders according to the law.
The Centre said the Ministries of Information and Technology and Home Affairs gave a valiant effort to disperse information about the Supreme Court judgment in the Shreya Singhal case. Section 66A had suggested three years of imprisonment if an online media message caused “disturbance” or was found “terribly antagonistic”. Mr Parikh had welcomed the court intervention to work out a system to disperse the Shreya Singhal judgment to each police headquarters and preliminary court in the country.
“Section 66A of the IT Act has continued being utilized inside police base camp just as in cases under the attentive gaze of primer courts across India. This data was accessible on the Zombie Tracker site, created by a group of independent researchers. The discoveries of the site uncover that as of March 10, 2021, upwards of 745 cases are as yet forthcoming and dynamic under the steady gaze of region courts in 11 States, wherein the denounced are being indicted for offences of the IT Act under Section 66A.” the PUCL has acquiesced.
The accommodation has been in the rejoinder affidavit filed by PUCL in the apex court. This response was because of the Centre’s counter-affidavit in a petition filed by PUCL looking for different bearings and rules against the FIRs scraped under the struck-down Section 66A.
PUCL in, its rejoinder affidavit through Advocate Aparna Bhat, has contended that the Union of India should not have avoided its commitment by arguing that the obligation of execution lies with the States just as with the law enforcement agencies. It mentioned alluding to Union’s accommodation in its affirmation that ‘Police’ and ‘Public Order’ are state subjects. Accordingly, the obligation rests with the State.
Alluding to the Centre’s accommodation that they had mentioned Chief Secretaries, all things considered, and Administers of Union Territories to outfit information for arraignments summoning Section 66A get-togethers, PUCL has contended that the reaction to the said letters have ‘nor set on record nor unveiled.’ PUCL has been tending that looking for removal of its application mentioning the execution of the judgment downplays the enormous scope infringement of the right to freedom of speech and expression and the right to fair trials of citizens.
The applicant has proposed the additional directions to be given by the Court in the matter:
Directions to High Courts:
The applicant has looked for specific bearings to every one of the High Courts through Registrar Generals. The proposed headings ought to impart to every one of the District Courts and Magistrates that forthwith there ought to be no cognizance taken under the revoked Section 66A of the IT Act. It had been expressed that the High Courts be permitted to start Suo Motu contempt procedures against those liable for enlisting a case under Section 66A or for examining it or for indicting it.
Directions to DGPs:
The applicant has recommended that bearings are given to the Director-General of Police and Union Territories to convey to all police headquarters inside their separate locales to show a notification that Section 66A of the IT Act has been scrapped. Also, no case can be enrolled under the cancelled Section 66A of the IT Act.
Directions to Respondents:
Decisions have looked to the Respondents, Union of India, to accumulate the nuances of the cases enrolled by the Police or Law Enforcement Agencies under Section 66A of IT Act since the judgment of Shreya Singhal revealed by coordination with the chief secretaries of the DGP of the States and Union territories.
As per the applicant, Respondents can coordinate to guarantee that Doordarshan and All India Radio make quarterly declarations in significant vernacular dialects advising the public that Section 66A of the IT Act is presently not in power. The applicant has looked for bearings to guarantee that all authority and business forms of the IT Act that are here in after distributed (on the web or disconnected) do exclude the total content of Section 66A and educate the per user that said arrangement stands revoked.
The Shreya Singhal judgment had delivered by the seat which, lifted Section 66A by Judge J Chelameswar and RF Nariman for a violation of Articles 14 and 19(1)(a) of the Constitution. The judgment wrote by Justice Nariman held the arrangement to be obscure, over the edge, and making an alarming impact on free discourse.
SC/ST Act Misuse: Alleged Fraudulence Of The Atrocities Act?
The Government of India, recently, claimed in an answer to the MPs of Rajya Sabha, that according to research, many states have conviction rates that are even lower than 1%.
In the year 2019, there were a total of 41,793 incidences of crime or atrocities against Dalits and 7815 cases of crime against tribal people. According to the report, only 44 out of 6540 cases of crimes or atrocities against Dalits in Bihar have been proven factual in trial courts. The STs filed a total of 97 cases under the SC-ST Act, but only two were judged to be true.
The conviction rate was 0.67 percent for men and 2.06 percent for women. It also stipulates the state with the most cases of crime against SCs is Uttar Pradesh, with 9451 cases, or 22.61 percent of all such cases in the country. Rajasthan comes in second with 6659 cases (15.9% of total cases), followed by Bihar (15.6%), and Madhya Pradesh (12.6 percent). In the last year, the number of ST cases filed in UP has increased by 600 percent.
According to the information, 705 cases were filed, however just one case was found to be true during the trials. The conviction rate in Kerala and Karnataka is slightly more than 1%. The SC-ST Act has been used in 1,733 cases in Karnataka. The conviction rate, on the other hand, was only 1.67%. In Kerala, the average conviction rate for atrocities against Dalits and Adivasis under the PoA Act remained at 1.76%. These claims sure put the concerned legislation on spot for being exploited.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, aimed to prohibit the atrocities committed against members of the Scheduled Castes and Scheduled Tribes, to establish Special Courts for the trial of such offences and the relief and rehabilitation of victims of such acts, and to provide for matters connected with or incidental thereto.
The number of complaints against the misuse of the same has arisen in the last few years. The apex court has had stated in the past, that the Act has been misused to submit bogus complaints to foster caste animosity, rather than blurring caste barriers, adding that, if the Atrocities Act is not brought into line, it may even “perpetuate casteism,” and the court will have to act to prevent “false implication of innocent persons along caste lines.”
However, when seen through the lens of why the Act was necessary and how well it was administered, a different image emerges. The court’s stated goal in a 2018 ruling for the Prevention of Atrocities Act, was to safeguard officers from “arbitrary arrest” and “innocent civilians” from being falsely accused in cases. But according to data from the National Crime Records Bureau (NCRB) and the Ministry of Home Affairs, low conviction rates under the Act may be due to the misuse of the provision as much as the way investigations and cases are pursued in the courts.
Those who have pushed for stricter rules under the Act argue that the low conviction rate is due to the way cases are registered and prosecuted. “Dalits are frequently the victims of discriminatory treatment in the administration of justice,” according to a Human Rights Watch report.
According to a report published in the Economic & Political Weekly, approximately half of the cases brought under the Act do not get to court and are closed by the police. It had also hinted at a “caste bias among the investigating officers.” Sthabir Khora, an assistant professor, alleges that compounding, compensation inducement, and criminal intimidation are some of the practices that tend to prevail when the complainant is from the SC/ST category.
In October 2019, the top court observed the National Crime Records Bureau, where over 47,000 cases were reported in 2016 under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. “It would be against the basic human dignity to treat all of them (SC/ST members) as a liar or as a crook person and cannot look at every complaint by such complainant with a doubt,” remarked justices Arun Mishra, M R Shah and B R Gavai.
The bench stated that if a case filed under the SC/ST Act is determined to be false or baseless, many a time. It could be due to poor investigation or other factors such as human failures, regardless of caste. Therefore, all such accounts must be taken into consideration before making an informed decision to serve justice.
The bench had also added, “All humans are equal including in their failings. To treat SCs and STs as persons who are prone to lodge false reports under the provisions of the Scheduled Castes and Scheduled Tribes Act for taking revenge or otherwise as monetary benefits made available to them in the case of their being subjected to such offence, would be against fundamental human equality.”
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