Showing posts with label UAPA. Show all posts
Showing posts with label UAPA. Show all posts

Tuesday, July 13, 2021

Will mainstream media show the same attention to the Bhima Koregaon case as it did to Stan Swamy’s death?

 Broken News

Published on July 8, 2021 in Newslaundry

Link: https://www.newslaundry.com/2021/07/08/will-mainstream-media-show-the-same-attention-to-the-bhima-koregaon-case-as-it-did-to-stan-swamys-death

In a time of constantly breaking news, when events such as the recent dramatic cabinet overhaul in the Modi government tends to sweep all other news off the front pages, it is imperative that the implications of Father Stan Swamy’s death in judicial custody are not forgotten.

On the afternoon of July 5, Father Stan, 84, died at the Holy Family Hospital in Mumbai. He was still in judicial custody in the Bhima Koregaon case, one of 16 who have been incarcerated without trial, charged under the draconian Unlawful Activities (Prevention) Act.

Father Stan's death represents more than the passing of a fine human being who gave his life for the welfare of Adivasis in Jharkhand, which he considered home. It forces us to think about the callous and cruel nature of the criminal justice system in this country as illustrated in this piece in the Wire by Susan Abraham, one of the lawyers fighting for the Bhima Koregaon accused and the wife of accused Vernon Gonsalves. It also ought to make us question the manner in which laws like the UAPA are increasingly being used to suppress all forms of dissent and interventions for the rights of the most marginalised.

While the Bhima Koregaon case itself has drawn sporadic interest in the media since 2018, when the first arrests were made, Father Stan's death has provoked an unexpected and strong response from national English language papers.

Not only were reports of his death on the front page of practically every leading national daily newspaper, but there were also strong editorial comments. While the Telegraph held that "the State is responsible for Stan Swamy’s death. But the shame of it and the loss it signifies are the Indian people’s", Times of India held the criminal justice system responsible and argued for revisiting provisions of the UAPA. The Hindu saw in the treatment meted out to Father Stan in prison "institutional oppression" and wrote that his death "will weigh on the country’s collective conscience for long". And Indian Express called the attitude of the courts in delaying and denying his legitimate plea for bail on medical grounds a "dark blot"; it concluded that his death "has left the highest institutions of India’s justice system diminished".

At the same time, it must be noted that on the whole, barring routine reports about the cases for bail filed by the 16 (now 15) men and women in the Bhima Koregaon case, the mainstream media did little to highlight the injustice meted out to them or investigate whether the case had any basis.

It was the Washington Post that broke the story about the malware planted on the laptops of Rona Wilson, one of the accused, and subsequently another report about the malware on the laptop of Surendra Gadling. If this is true, then the very basis on which these arrests were made will be proven as baseless. Neither of these stories created more than a ripple in the national media, although Sreenivasan Jain of NDTV did report on it in his programme Reality Check.

The point I am making is that the coverage given to this tragic death of an 84-year-old priest, cannot end with some reports and a few editorials. There is clearly a larger story that needs to be pursued, not just about the Bhima Koregaon case but also about the rampant misuse of the UAPA. Only weeks before Father Stan's death, Akhil Gogoi, who was elected to the Assam assembly while still in jail under the UAPA, was exonerated of all charges. Bashir Ahmad Baba from Srinagar was released after 11 years in prison after being acquitted under all charges under the UAPA. We also have the Delhi High Court judgement granting bail to Natasha Narwal, Devangana Kalita and Asif Tanha that draws attention to the misuse of this law.

According to the National Crime Records Bureau, only two percent of those arrested under the UAPA between 2015-19 have been convicted. The rest, one can assume, are still in jail. Each of them has a story that needs telling. Will at least those newspapers, which were moved to comment strongly after Father Stan’s death, take this on?

There is another death that took place a few weeks before Father Stan's that also calls for a pause and introspection about the kind of society we live in. That is the death of a 22-year-old woman in Kerala.

Vismaya from Kollam had been married for only a year to Kiran. Yet, despite complaining about the violence she experienced within the four walls of her home, she was persuaded to remain and give her marriage to an abusive man a chance. It ended with her death.

Within hours of the news about Vismaya, there were reports of a 24-year-old woman's death in Thiruvananthapuram. In both cases, there was a link to dowry.

The giving and taking of dowry was made illegal by the Dowry Prohibition Act in 1961. That made no difference. After campaigns by women's groups in the late 1970s and early 1980s, when newspapers particularly in Delhi carried routine reports about young brides dying in "accidental" kitchen fires, Section 498A was introduced in the Indian Penal Code making the unnatural death of a woman within seven years of marriage a cognizable offence.

Even this has made no difference. Despite the increasing levels of literacy amongst women, and their participation in the workforce, the scourge of dowry remains, and perhaps has become stronger if you go by this well-researched report by Haritha John in the News Minute. What then does this say about Indian society that in the 21st century, a woman's worth continues to be determined by the amount of gold and other "gifts" that her family sends with her to her marital home?

According to this article in Article 14, "Over 38% of murders of women are committed by current or former partners finds the National Crime Records Bureau (NCRB), and Indian women account for 36% of global female suicide deaths, finds the Harvard School of Public Health despite making up less than 18% of the world’s female population. Suicide is a leading cause of death among women aged 15-29 in India."

The article in the News Minute also raises several important points about the role of the media in perpetuating the prevalence of dowry. In the opinion of Burton Cleetus, an assistant professor of history at the Jawaharlal Nehru University, "When we enforce conventional marriages, the fundamental factor in it is wealth transfer. Though we romanticize marriage, it is basically a market for this wealth transfer. It is the same people and media who speak against the dowry system, who run matrimonial sites. It is the same media that promotes a luxurious lifestyle which creates a desire in people, a desire that is above our income. So on one hand, they promote consumerism, and on the other, they criticise these systems. This is pointless. All these are causes of the problem in a larger perspective.”

Whether one agrees with this analysis or not, it is evident that Vismaya's death has reminded us again how a woman's worth is calculated in modern day India. Economic progress, education, pro-women laws have failed to dent the patriarchy that ensures that most marriages remain a transaction. And the price for an unsatisfactory deal, as viewed from the man's side, is always paid by the woman. For every one report that comes to light, there would be thousands that are never reported.

These are the truths about our society that the media needs to report. Of the thousands unjustly incarcerated under laws that have no place in a democracy. Of an unjust, cruel and callous criminal justice system that denies bail even to the old and ailing. And of the way regressive, patriarchal values continue to ensure that women are treated as little more than a commodity.


 

Wednesday, April 29, 2020

Stalked by coronavirus, hounded by the state, losing jobs: Is nobody looking out for Indian journalists?


Broken News

Link: https://www.newslaundry.com/2020/04/23/stalked-by-coronavirus-hounded-by-the-state-losing-jobs-is-nobody-looking-out-for-indian-journalists

The post-pandemic media scene is grim, with fewer jobs and shrinking spaces to report without fear.



When journalists and journalism become the news, we need to be concerned.

In the course of the last 72 hours, three journalists in Kashmir have been slapped with cases, two under the draconian Unlawful Activities Prevention Act for posts on social media and the other for reporting "factually incorrect" news.

While such cases and intimidation by the police and the security forces are a daily hazard that journalists in Kashmir have had to contend with for decades, as this report in The Caravan documents, the FIR against one of the few women journalists in Kashmir is surely a first.

Masrat Zahra is an exceptionally talented young photojournalist whose work has appeared in Al Jazeera, The Washington Post, and elsewhere. She has broken new ground in a state where journalism has been almost exclusively a male domain. Today, apart from Zahra, there are several women journalists who stand out for their courage and for the quality of their work.

Charged under the UAPA for Facebook posts from 2008 and 2018, as reported by Scroll, and identified only as a "Facebook user" and not a journalist, the FIR against her is bizarre in more ways than one. Why she has been singled out, and that too for posts of photographs that have been published, will unravel in the days to come.

What is concerning, however, is the message that this sends out. By slapping cases on two experienced journalists apart from Zahra – Peerzada Ashiq from The Hindu and author and journalist Gowhar Geelani – are the powers-that-be in Kashmir, who take directions directly from New Delhi, reminding Kashmiri journalists that nothing has changed for them, even during this Covid-19 pandemic? That their freedom extends only as far as the rope that is held by the authorities, and that it can be yanked at any time without notice? Given this, journalists in mainland India need to respect, applaud and support their counterparts in Kashmir for continuing to report under these conditions.

The cases against Zahra, Ashiq and Geelani have reminded us of the ugly reality of Kashmir, a land of unfreedoms ruled by people who claim they are committed to democracy. There have been statements of support from the Editors Guild of India, Committee to Protect Journalists, Network of Women in Media, India, and others. Whether these will shift Delhi's determination to keep the media in Kashmir on a tight leash remains to be seen.

Elsewhere, journalists have been in the news for another reason, getting infected by Covid-19 in the line of duty.  When 53 out of 167 TV journalists in Mumbai tested positive for the virus, alarm bells rang in the journalist community. A pandemic cannot be reported working from home, or even from an office. It requires feet on the ground. And this is precisely what these journalists, many of them fairly young, and the cameramen from television channels were doing. But without proper advice on precautionary measures, directions that ought to have come from the seniors in their organisations, and the necessary equipment to stay safe, it was inevitable that some of them would pick up the infection.

What is tragic is the feeling amongst many of them that they lack support from their organisations.  When one of the young journalists tested positive and informed her senior in the office, the message she got back was: “Take care and don’t step out for a few days,” according to this report in The Wire.

Since the Mumbai testing of media professionals, other municipalities and governments, such as Delhi, have also made these provisions. But that is not good enough. Journalists need to know before they step out at such times the risks they face, and be informed of the support that will be available to them.

Indian media organisations generally lack any established protocols when their reporters are sent out in situations that could be hazardous for them, be it war, internal conflict, riots, or pandemics. Journalists are expected to wing it with no assurance that if they are affected physically, or psychologically, their organisations will step in.

An experienced reporter with a magazine wrote recently on social media, "While there is nothing new in the callousness shown by media houses for the well being of their reporters, this time, the consequences are going to be deadly. Despite my initial restlessness at not being allowed to go out to report, I am just so glad that my organisation stopped us from putting our lives at risk. We continue to write stories from our homes without compromising the quality or our health. Because let's face it: our organisations don't provide us with any safety gear, whether it be a war zone or health emergency." She adds, "Every time I have gone into unsafe terrain, it is another reporter or civil society contact who has had my back."

This should not be the case. If there's anything salutary that can emerge from this crisis, as far as the media is concerned, it ought to be the institution of safety protocols for journalists in all media organisations.

Organisations like the BBC, for instance, have safety protocols for journalists in dangerous situations and there is also mandatory training before a person is sent out. In the current crisis, according to a BBC staffer in London (who asked not to be named), "The intranet site has a Coronavirus help site prominently displayed and we have a whole Health and Safety and Risk management team who are involved."  There is also a doctor on call.

While people have been given the option of working from home, many producers have to go to the office because they need to use technical equipment. "The producers, previously not entitled to take taxis into work...have been allowed to use taxis (which the company is paying for) to and from work and they have also secured free parking around the building in central London so that those who want to can drive. This keeps us safe from the crowds on trains and the underground...this is one of the best things they have done."

None of this is rocket science and is the very minimum that media houses can do for their employees who literally risk their lives to step out to record the news as it happens.

In the current economic crisis, given the precarious financial state of most media houses, perhaps asking even for this much is wishful thinking. In my last column, I noted the salary cuts that some journalists were being asked to take and predicted that job losses would follow. This has already begun to happen, with a slew of layoffs even in bigger media houses. The longer the pandemic persists, the more chances of job losses. This is happening not just in India, but also in other countries around the world, including Britain as this report by the BBC points out.

Meanwhile, journalism as we have known it will suffer. If the journalists who are eager and keen to go out and report are not assured that their interests will be looked after, or even that their jobs are secure, why would they take a chance? The problem for most journalists today is that quitting what they have in hand is not an option as there are few alternatives available. Freelancing remains precarious. It is poorly paid, and payments are slow to come if and when they do.

So in a post-Covid future, what do we envisage? On the one hand, the state has tasted the power to make the media fall in line, either through direct intimidation as experienced by Kashmiri journalists for decades, or by putting pressure on owners to fall in line as we have seen in these last years in India.

India has fallen two places in the 2020 World Press Freedom Index, from 140 to 142 out of 180 countries.  Perhaps, this means little to the ordinary reader or viewer. But it will become evident in the content they consume. As far as journalists are concerned, the post-Covid media scene is grim, with fewer jobs and shrinking spaces to report without fear.