Major Instances of Free Speech Violations in Maharashtra 2023-24
As Maharashtra goes to the polls, local leaders with close ties to the ruling Shinde Shiv Sena-BJP-Ajit Pawar NCP (the Mahayuti) alliance are involved in a series of violations of freedom of expression, in the last year alone. These include the gruesome killing of journalist Shashikant Warishe by Pandarinath Ambekar, a land broker with close ties with the ruling BJP in Ratnagiri and threats issued to journalist Mohini Jadhav by Waman Mhatre, the former Mayor of Badlapur.
Impunity rules, as Pachora journalist Sandip Mahajan realised when he struggled to even get a First Information Report (FIR) registered in the assault on him in broad daylight by supporters of the local MLA Kishor Appa Patil. Click here to read more about journalist Sandip Mahajan’s struggle for justice.
Besides, the atmosphere for free speech were further vitiated by attacks on journalist Nikhil Wagle and political leader Yogendra Yadav; academic censorship and punitive action against students and teachers and curbs on protests by environmental activists, slum-dwellers or even students protesting against the genocide in Palestine.
Maharashtra boasts of being the country’s premier financial and industrialised state and is touted as the wealthiest in terms of Gross Domestic Product (GDP), at 12.92% of the national GDP.
Despite its status as a premier industrialised state and any economic powerhouse, unemployment is rife, farmers’ suicides continue to spiral and mega-crore infrastructure projects, housing and redevelopment projects result in the displacement of rural and urban populations. NITI Agog reports state that more than 10 per cent of the people in several districts in Vidarbha and Marathwada regions are multidimensionally poor, with the proportion going to as high as 33 per cent and 24 per cent in Nandurbar and Dhule respectively.
In a bid to restrict and criminalise public dissent and protest over these and other issues, the Maharashtra government tabled the repressive Maharashtra Special Public Security Bill, 2024, in the Monsoon session of the Vidhan Sabha on July 11, 2024. Provisions of the bill would ostensibly tackle “urban naxals”, the BJP leader and Home Minister Devendra Fadnavis said, while introducing it in the Assembly. While the bill was not taken up since the session ended, there are apprehensions that it will be revived if the Mahayuti returns to power.
On the other hand, right-wing leaders operate with impunity, despite demands for investigation and lodging of FIRs against their hate speeches.
List of Major Instances of Free Speech Violations in Maharashtra 2023-24
28 January 2023
Curbs on Freedom of Expression of TISS students: Students At Mumbai’s TISS Screen BBC Series On PM Modi Despite Warning
Despite a warning against public screening of a controversial BBC documentary about PM Narendra Modi, a group of students at Mumbai’s Tata Institute of Social Sciences (TISS) gathered and watched it on laptops and phones.
The institute had issued advisories to students and the management of its branches, besides the main one campus in Mumbai, against any such mass event. Not heeding to the “advisory” would be “dealt with strictly as per the rules”, warned the advisory accessed by NDTV. It said the screening was an attempt to “trigger” students.
In a tweet, BJP leader Ashish Shelar sought police action against the students for screening the documentary.
6 February 2023
Journalist who exposed irregularities in Barsu Refinery project mowed down
In a shocking incident, journalist Shashikant Warishe was mowed down and crushed by a vehicle allegedly driven by Pandharinath Amberkar, a local land-dealer and accused in several land grab cases in the controversial Barsu refinery in the western Konkan region of Maharashtra, barely a few hours after he published a report in Marathi newspaper Mahanagari Times about his links with Prime Minister Narendra Modi, Maharashtra Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis.
26 April 2023
Maharashtra govt clamps down on peoples’ protests in the Konkan
A media blackout, a ban on television crew, externment notices and a massive police force – the Maharashtra government has unleashed all these and more, in its arsenal to break the staunch resistance of villagers to a refinery project in the Konkan. Though shaken by the killing of journalist Shashikant Warishe in February this year, the villagers are steadfast.
Preventive detentions, alleged manhandling of protesters and banishing people from their very homes… This is all that the Maharashtra State Government is reportedly resorting to in its bid to conduct a survey at the proposed site of a petrochemical refinery project in the Barsu-Solgaon region in Ratnagiri district. As the protest against the Saudi-Aramco-backed refinery has intensified in the region, the state is making use of detentions and externment orders to censor people’s voices and suppress any news of their opposition to the refinery.
8 June 2023
Kolhapur professor sent on “forced leave”; Hindutva student groups protest her comments that rapists have no religion or caste
A professor at Kolhapur Institute of Technology, Gokul Shirgaon, Kolhapur, was forced to go on leave due to students protests when she countered the derogatory statements made by some students about the minority community and said that “rapists have no religion or caste.”
The professor was taking a ‘value education’ class when some students started a discussion on the topic of ‘gender discrimination’. They made derogatory statements about the minority community: “Muslims are rapists. Hindus are never involved in any kind of riots. Babri Masjid was demolished by order of Supreme Court, etc.” The professor responded with a clear stand regarding these statements, based on facts: “Rape is not limited to any religion or caste. Rapists have no religion or caste. Rape is the most heinous form of crimes against women.”
Some of the students secretly filmed the video of her talk, edited it (read doctored it) and posted it on social media. The video went viral. Based on this doctored clip, some Hindutva-alligned organizations put pressure on the college management and the professor, demanding action against her. They threatened to stop the examinations if no action was taken. They demanded that she render a public apology and insisted that she should publicly apologise, in open, at Shivaji Chowk, Kolhapur.
Succumbing to the pressure, according to the letter issued on June 16, 2023 regarding this incident, disciplinary action was taken against the professor. Without investigating who did the filming in the class without permission, who contributed to distorting it and spreading it, the institute sent the professor on compulsory leave. However, despite this, the professor flatly refused to apologise.
Even after that, the management advised her to apologise, but she refused. The institution then asked her to ‘work from home’ for a few days. At the end of the forced leave period at the end of the semester she was allowed to re-join service only on August 21, 2023.
(Extract from fact-finding report of senior activists and academics in Kolhapur working under the umbrella organization, “Women Protest for Peace” ]WPFP])
9 August 2023
Journalist beaten up in Jalgaon, video goes viral; oppn questions govt silence
The video showed supporters of local MLA Kishore Patil dragging Sandeep Mahajan from his scooter and beating him up, in Pachora of Jalgaon district.
Police have lodged a Non-Cognisable (NC) complaint against three people in Maharashtra’s Jalgaon for allegedly beating up a journalist on Wednesday, purported videos of which went viral.
The video showed supporters of local MLA Kishore Patil dragging Sandeep Mahajan from his scooter and beating him up, in Pachora of Jalgaon district.
Jalgaon Superintendent of Police (SP) M Rajkumar said, “We have registered an NC under sections 323, 504, and 506 of the Indian Penal Code based on the nature of injuries he sustained. However, we have sought the court’s permission to further investigate the matter.”
30 January 2024
Maharashtra journalist slams Prakash Ambedkar, his party warns ‘will be difficult to control anger’
The VBA accused Wagle of parroting a false claim by other opposition parties to defame the party.
After Maharashtra journalist Nikhil Wagle criticised the politics of Vanchit Bahujan Aghadi chief Prakash Ambedkar, the VBA’s official Twitter handle said it would be “difficult to control the anger” of those who support the party unless the journalist proves his allegations against Ambedkar.
The party’s remarks came while social media handles appearing to be the VBA’s supporters threatened and trolled the journalist. A VBA spokesperson, however, denied that the party’s official handle or any of its office-bearers had engaged in issuing any threat to the journalist.
10 February 2024
Car carrying journalist Nikhil Wagle attacked for ‘offensive’ remarks on PM Modi, LK Advani
Despite police bandobast, the vehicle in which journalist Nikhil Wagle was travelling, was attacked at Khandoji Baba Chowk on Friday. Wagle was escorted to Rasta Seva Dal’s office, where he was scheduled to give a speech, with the help of the Congress and Nationalist Congress Party (NCP) supporters and their alliance partners.
They were protesting his remarks against Prime Minister Narendra Modi and LK Advani after the ruling party patriarch was awarded the Bharat Ratna.
Wagle, actor Amol Palekar and lawyer Aseem Sarode were to speak at “Nirbhay Bano” public meet, organised by Rasta Seva Dal and other organisations, at Sane Guruji Smarak.
7 March 2024
Supreme Court quashes criminal charges against J-K man for his WhatsApp status describing abrogation of Article 370 as a ‘Black Day’
Javed Ahmed Hajam – who hails from Baramulla in Jammu and Kashmir and works as a professor at Sanjay Ghodawat College in Kolhapur district of Maharashtra — had in a WhatsApp group of teachers and parents, posted — “August 5 – Black Day Jammu & Kashmir.”, “14th August – Independence Day Pakistan”.
An FIR was lodged against him at PS Hatkanangle, Kolhapur district, under Section 153-A of the Indian Penal Code for promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.
Holding that the right to dissent in a legitimate manner is an integral part of the right to freedom of speech and expression guaranteed under the Constitution, the Supreme Court on Thursday quashed a criminal case against a professor for his WhatsApp status describing abrogation of Article 370 as a ‘Black Day’ for Jammu and Kashmir.
16 March 2024
Externment notice for Aarey activist Tabrez Sayed: Mumbai police’s new censorship tool ?
The externment proceedings initiated against Tabrez Ali Sayed, the well known youth activist of the Save Aarey movement, has turned into a tool of censorship, fear members of the movement. Adding to the atmosphere of intimidation, Aarey police have registered First Information Reports (FIRs) and begun investigations against other activists.
In November last year, Powai police initiated externment proceedings against Tabrez Ali in two cases lodged against him over a slum demolition and three in connection with the protests at Aarey forest over the controversial construction of the Metro carshed, which will permanently slice up the forest, fell over 2000 trees and ultimately, dishouse over 700 families of Adivasis. A series of hearings have been held before Dr Maheshwar Reddy, Deputy Commissioner of Police Zone 10. The decision on the notice is expected today.
Over 250 citizens have sent a letter to the Mumbai Police Commissioner, Vivek Phansalkar, to urge him to stop the externment proceedings against Tabrez Ali and the harassment of citizens, students, activists and nature lovers. In their letter, they said “such defenders of human and environmental rights should be applauded, not criminalized and punished (scroll below for full letter).
Externment proceedings, under Sec 56(1)(a) of the Maharashtra Police Act, 1951 (which empowers the police to initiate proceedings whereby a district or sub-divisional magistrate can order the ‘removal of persons about to commit offence’ if the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property) are usually initiated against anti-social elements or those with a criminal record.
These proceedings, popularly known as ‘tadipar’, are increasingly being used against students, social activists and environmental activists who have been speaking out against harmful infrastructure projects.
18 April 2024
TISS suspends Dalit PhD student for 2 years for ‘anti-national activities’
Students’ forum says decision due to his participation in a march in Delhi against govt’s education policies
The Tata Institute of Social Science (TISS) has suspended a PhD student for two years for “repetitive misconduct and anti-national activities”, with the Progressive Students Forum (PSF) alleging that the decision was linked to the student’s participation in a protest march in Delhi in January against alleged anti-student policies of the central government. The institute administration, however, has claimed “serious violation of discipline code made for students”.
The suspension order, dated April 18, also debars the student, Ramadas Prini Sivanandan, from all campuses of TISS and refers to a show-cause notice sent to him on March 7, questioning his participation in the march along with a list of other activities on Mumbai campus of the institute.
27 April 2024
Woman journalist threatened over article on Piyush Goyal, four booked
A woman journalist of a Maratha daily was allegedly threatened over a newspaper article she published about Union Minister and BJP’s Mumbai North Lok Sabha candidate Piyush Goyal reportedly having trouble due to the smell of fish while on a campaign trail.
14 May 2024
Three BJP Leaders Booked for Allegedly Threatening Reporter in Chhatrapati Sambhajinagar
The Hinjawadi police have booked three BJP leaders from Chhatrapati Sambhajinagar in the case of alleged threatening a reporter of a news portal for publishing news against them.
According to the sources, a news portal had published news regarding the election scenario in the Aurangabad Lok Sabha constituency after speaking with the local experts and on the basis of the opinion of the people. After the news was published, BJP state spokesperson Shrish Boralkar, BJP Scheduled Caste cell state general secretary Jalinder Shendge and the BJP state executive member Anil Makariye threatened the reporter stating why he published news against them, the sources mentioned.
15 June 2024
Suresh Chavhanke, notorious for hate speech, lashes out at the Maharashtra government for allocating funds to minorities
Calling minority funds a ‘return gift’ to those who did ‘vote-jihad’ TV news anchors and notorious hate speech giver, RSS member Sursesh Chavhanke calls out the Maharashtra government led by Eknath Shinde.
11 July 2024
Maharashtra Special Public Security Bill, 2024, tabled in the Monsoon session of the Vidhan Sabha
At least seven sections of the Maharashtra Special Public Security Bill, 2024 are either vague or bypass courts or give overriding powers to the State machinery, which is far beyond the objective of curbing Naxalism that the ordinance is aimed at, said civil society members.
The State government tabled the Bill in the Maharashtra Legislative Assembly on July 11. Deputy Chief Minister and Minister for Law and Judiciary Devendra Fadnavis justified the requirement by saying that Naxalism is not limited to remote areas of the State but has reached the cities through frontal organisations.
‘Unlawful activity’ includes not only words or actions that threaten public order but also anything that interferes with the administration of law or with its institutions and personnel. In effect, this may cover any organised protest. It not only includes promoting violence and the use of firearms or explosives but also “encouraging or preaching disobedience to established law and its institutions”. This may be interpreted to include protests against or even condemnation of police excess, custodial violence or any miscarriage of justice. While committing an unlawful activity may entail a jail term of up to seven years, even one who is not a member of an unlawful organisation can be jailed for two years on the charge of soliciting aid for it or three years for promoting a meeting of the organisation.
The most draconian provisions are the ones empowering the government to seize any house or building where unlawful activities take place, evict its occupants and take over its money and assets. The Bill is expected to lapse as the current Assembly may have already held its last session before elections later this year, but the questionable intent may survive into future regimes too.
19 August 2024
TISS banned on student body Progressive Students’ Forum, revoked after student protests
Tata Institute of Social Sciences (TISS) Mumbai arbitrarily banned a left-wing student body, the Progressive Students’ Forum (PSF). The institute accused PSD of “misleading students” and “defaming the institute”. The order prohibits any student or faculty from supporting or associating with the PSF, and warns of disciplinary action in case of violations.
This order was revoked on 16 September 2024: https://maktoobmedia.com/india/tiss-mumbai-revokes-ban-on-student-body-psf-withdraws-controversial-honour-code/
20 August 2024
Journalist threatened for covering Badlapur alleged sexual abuse case
“Why are you reporting so much on this rape case? You are behaving as if you have been raped,” said Waman Mhatre, the former Mayor of Badlapur, to Mohini Jadhav, a journalist with the Marathi daily Sakal. Mhatre accosted her while she was on her way to cover protests over the alleged sexual abuse of two minors in a local school.
22 August 2024
Bombay High Court terms arrest of journalist illegal, awards compensation
No arrest can be made in a routine manner on a mere allegation without police investigation, says Bench
In a significant order on premature arrests, a Division Bench of the Bombay High Court said no person could be arrested merely on allegations of committing some offence whose genuineness was not even cleared or checked by the police.
The Bench of Justices Revati Mohite Dere and Shyam Chandak, in a judgment on August 22, that was made available on August 27, made these observations on the illegal arrest of a Thane-based journalist Abhijit Arjun Padale. Mr. Padale was arrested on charges of extortion and criminal intimidation, both of which provide for a maximum punishment of up to four years and three years, respectively.
20 September 2024
Bombay High Court brings Fact Check Unit saga to a close: Delivers tie breaker judgment striking down Fact Check Unit set up under IT Rules as unconstitutional
In its order dated September 20, 2024, Justice A.S. Chandurkar of the Bombay High Court (“Court”), delivered a “tie breaker”1 judgment in the case of Kunal Kamra and Ors. v. Union of India2 wherein he struck down the amendment to Rule 3 (1)(b)(v) (“Impugned Rule”) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (“IT Rules 2023”), seeking to set up a Fact Check Unit (“FCU”) to fact check content on social media, as unconstitutional.
The Court concurred with the judgment of Justice G.S. Patel that the Impugned Rule was violative of Article 14 (Right to equality before the law), Article 19(1)(a) (Right to freedom of speech and expression), and Article 19(1)(g) (Right to practice any profession, or to carry on any occupation, trade or business). The Court also opined that the Impugned Rule was ultra vires its parent legislation, the Information Technology Act, 2000 (“IT Act”), vague and overbroad, disproportionate, and resulted in a chilling effect on free speech vis-à-vis intermediary platforms.
Following the Court’s opinion, a bench comprising Justice A.S. Gadkari (in place of the now-retired Justice G.S. Patel) and Justice Neela Gokhale on September 26, 2024, taking into account Justice Chandurkar’s opinion, formally struck down the Impugned Rule, declaring it unconstitutional by a majority of 2:1.
https://www.nishithdesai.com/NewsDetails/15155
20 September 2024
TISS convocation: students protest suspension of Dalit pupil, sacking of teachers
TISS’s 84th convocation faced protests over a PhD student’s suspension and staff terminations, highlighting concerns over academic freedom and justice
The Tata Institute of Social Sciences (TISS), a premier grant-in-aid institute under the Ministry of Education, held its 84th convocation on Friday, but the event was overshadowed by student protests. Four students staged a peaceful demonstration during the ceremony, demanding the revocation of a two-year suspension on a PhD student, Ramadas Prini Sivanandan, citing “repetitive misconduct and anti-national activities,” and justice for mass termination of teachers and staff who were later reappointed on a temporary basis following strike.
The protest during the convocation took a dramatic turn when Arghya Das, a graduating student of MA in Women’s Studies, raised a placard during the ceremony seeking revocation of Ramadas’s suspension. Das was forcibly removed from the stage by security guards and police officers. According to students, his degree certificate was confiscated, and he was kept away from the convocation hall until the ceremony concluded. As of now, Das has yet to receive his certificate from the institute.
Narendra Mishra, the officiating registrar, for clarification on withholding Das’s degree has gone unanswered. The protesting students- Sara Bardhan, Sreyas Valsan, Ashique Ali, Md Yaseen KM,- issued a statement explaining their actions, “We chose to raise banners in solidarity with Ramadas Prini Sivanandan, a Dalit PhD scholar who has been denied access to education for the last 156 days due to an arbitrary suspension, and the 119 teachers and staff who may lose their jobs by December 31, or have already been dismissed.”
6 October 2024
Rally Held in Mumbai Against Israel’s Aggression, Notices Issued to Organisers
The organisers and participants of a protest rally against Israeli aggression in Gaza and Lebanon in the Govandi suburb of the country’s financial capital on Wednesday evening have been issued police notices. The notices were issued by Shivaji Nagar police and cops are on the lookout for the protestors in the area.
20 October 2024
TISS issues showcause notice to assistant prof over viral protest video
The action comes in the wake of an Instagram video, wherein Dr Arjun Sengupta can be seen with students, holding placards, and supporting PSF and PSO activists protesting against discontinuance letter to TET faculty and staff and in support of one suspended student.
The Tata Institute of Social Science (TISS) has issued a show-cause notice to Dr Arjun Sengupta, an Assistant Professor at School of Gender and Livelihoods from the Institute’s Hyderabad campus.
The reason, as mentioned in the memorandum issued to Dr Sengupta, is “A widely circulated Instagram video, wherein he can be seen with about 20 students, holding placards, and encouraging Progressive Students Forum (PSF) and Progressive Students Organisation (PSO) for their acts of raising voice against discontinuance letter issued in the month of June, 2024 to Tata Education Trust (TET) faculty and staff and in support of one suspended student namely Ramadas K S.”
According to the memo dated October 8, signed by the officiating registrar of the TISS, Narendra Mishra, disciplinary action is initiated against Dr Sengupta for violation of two clauses of the institute bylaws – participation in political activity which is banned for any institute employee without prior permission from the administration and criticism of the institute which refrains employees from making any statement in public which is criticising the institute or is capable of embarrassing the relations between institute and the central or state government.
21 October 2024
Yogendra Yadav attacked by Vanchit Bahujana Aghadi workers in Akola, prevented from speaking
Vanchit Bahujan Aghadi (VBA) members disrupted an event of Bharat Jodi Abhigyan leader Yogendra Yadav in Akola . The programme titled “Protection of Democracy and our Rights” was held in the Zilla Parishad Employees Hall. No sooner had Yadav started speaking when a mob surrounded him and prevented him from speaking.
In addition to these instances, click here to read about the Citizens for Justice and Peace’s (CJP) efforts to monitor, track and report instances of hate speech in Maharashtra.
This report is part of the series of Free Speech Collective reports on the status of freedom of expression in states in the context of elections in these states/union territories.
While every effort has been made to document and verify all instances, please write to freespeechcollectiveindia@gmail.com if any incidents or instances warrant inclusion or amendments.
