As J&K Assembly Roars for Resolution, Can Restoring Article 370 Heal the Region?

The battle of the resolutions played out in the UT Assembly has a deeper context, both in the past, as well as in charting the future course for the former state of J&K, the first to have its status stripped to a UT’s and being bifurcated, without consulting its state assembly.

New Delhi: On November 4, when the Jammu and Kashmir assembly sprang to life after six long and unsettling years, along with it, also came to life the accusations, allegations and arguments over Article 370 – a constitutional guarantee guarding the region – which was read down by parliament under the aegis of the Narendra Modi government in 2019.

Day one unfolded with MLAs of the Peoples’ Democratic Party (PDP) racing with a self- articulated resolution for the restoration of Article 370- with no prior consultation with  other members of the Assembly. PDP’s letter to the Speaker Abdul Rahim Rather not only resonated with condemnation but was also meant to convey the urgency which they had shown to speak about Article 370.

Subsequently, on November 6, when the deputy chief minister and National Conference (NC) leader Surinder Kumar Chaudhary, declared that the assembly “reaffirms the importance of special status and constitutional guarantees which safeguarded the identity, culture and rights of the people of Jammu and Kashmir and expresses concern over their unilateral removal” – the event was met with chaos, manhandling and sloganeering. The BJP was adamant to show that they weren’t party to the tabling of any resolution that carried the faintest whiff of Article 370.

But this did not end here. Several legislators from other parties like PDP, JKPC, Awami Ittehad Party, also brought in a fresh Article-370 resolution to the Assembly on November 7. This session turned violent as this new resolution drafted by non-NC leaders became a major bone of contention with leaders engaging in a scuffle.

Statehood, Special Status and Suspicion

Merely 10 days after winning the assembly elections, at their first cabinet meeting, the J&K cabinet unanimously adopted a resolution seeking restoration of statehood to Jammu and Kashmir. A day later, on October 19, Jammu and Kashmir Lieutenant Governor Manoj Sinha cleared a resolution passed by chief minister Omar Abdullah-led Cabinet urging the Union government to restore statehood to the Union Territory. 

The restoration of statehood was not only on the NC’s election manifesto, but was also emphasised by Prime Minister Narendra Modi and Union home minister Amit Shah that the region would return to statehood, post the assembly elections. No real timeline was specified by them.

Recently however, when the NC came up with its own resolution for restoring Article 370, it was labelled as ‘weak worded’ by the opposition, and totally dismissed by BJP MLAs. Sajad Lone, MLA Handwara and Peoples Conference President called for a reinforcement of the recently passed resolution, deeming it “weak” and criticising its lack of mention of Article 370, 35A, as well as the absence of an explicit condemnation of the unilateral decisions of August 5, 2019. Several Kashmiri leaders also expressed suspicion over NC’s soft stance over restoration of Article 370.

Lone told The Wire:

“This was the first assemblage of people of J&K in the form of an assembly after August 5, 2019. We may be disempowered and a UT. But in the context of August 5, 2019 the present assembly is the most potent and relevant constitutional and political institution. It comes nearest to having the representative character to accept or reject August 5, 2019, and reflects the will of the people. That won’t change anything. But it would be a historical milestone. An unambiguous rejection would have set the record straight that the decision of August 5 was taken against the will of the Kashmiri people.”

About NC’s articulation of the resolution, he said that he failed to understand what the compulsion was to be so tactical and miserly with words.

“Where in this resolution have the words ‘Article 370′, ’35A’ or ‘August 5’ been used? There was not even an indirect reference. The word special status is from political folklore not from the constitution. These words do not exist in the constitution. Now even the Congress is saying that 370 is not a part of the resolution. They are their ally. What more proof does one need?” Lone asked.

The resolution or resolutions for the restoration of Article 370 must be mindful of the kind of resolutions that previous committees have articulated. Previous resolutions with their demands for the restoration of the pre-1953 status in the relationship between the Union government and the state have been key in strengthening the bond between the Union of India and the region of Jammu and Kashmir. Though diluted and forgotten over the years, on July 1, 2000, after a week-long debate, a resolution was passed in the legislative assembly of Jammu and Kashmir. This resolution called for restoration of the pre-1953 status of the state of Jammu and Kashmir, in which the J&K government would have control over all matters except defence, communications and foreign affairs. This resolution, through the State Autonomy Committee which was shaped in November 1996 right after the National Conference formed the government in October – was carved out with the hope to hand to the people of Jammu and Kashmir a special power, a status that would be guarded by the constitution of India. This status, in a way, guaranteed that the state and its people were valued for the trust they put while acceding to India, unlike the resolution passed on November 6, 2024.  

Also read: Amidst ‘Jai Shree Ram’ Chants, J&K Assembly Passes Resolution to Restore Special Status

Restoration amid rebellion

Though senior BJP leader and former J&K minister Sunil Sharma was among the first to oppose the move, according to Shagun Parihar, MLA Kishtwar, it was looking like a contest between which party would claim the floor first for raking up the contentious issue. 

“It looked like Waheed Para and Omar Abdullah were competing to steal the limelight in connection with Article 370. I admit that it was on their manifestos, but several other agendas like electricity, water supply, education were also on their manifestos, which need attention. They are still trying to fool Kashmiris using Article 370” Parihar told The Wire.

Parihar, in her statement, is majorly echoing the words of Prime Minister Narendra Modi, who days ago, at an election rally in Nashik, said that his govt would never allow the restoration of Article 370.

On November 8, after the J&K assembly passed the resolution demanding the restoration of Article 370, Modi said that the action was part of a conspiracy against the union territory, simultaneously attacking the NC-Congress Alliance.

Democracy diluted

At the core of the controversy is PDP’s MLA from Pulwama, Waheed Para – who shifted shape during the days that the assembly was in session. From meekly getting a letter delivered to the Speaker in session, to raging in anger for his voice to be heard, Para was also seen snatching resolution papers from opposing members, trying to save them from being torn and tossed around.

“I feel it is important for us to fight back, to make our voice heard, to stand against the wrongs that were committed against us” Para said. The Wire asked Para what his next move would be, considering that the Union Government would most probably not assent to the resolution; he said that he would still want to continue pushing for the rights that were snatched from Kashmir. “We need our guarantees back, bestowing us with our constitutional rights would act as a confidence building measure between the government of India and people of Kashmir” he said.

For academic Siddiq Wahid, the events that defined the assembly session were a consequence of the deep trust deficit between the peoples of J&K and the Union government. “Whether it will result in the “restoration” of the former state’s dignity, autonomy and laws will depend on the intentions of the UT and Central government. ‘We the people’ of the former state wait to see,” Wahid said.

The Wire contacted MLAs and office bearers of the National Conference, but they were not available for comment.

Interview | Congress’s Nana Patole on Vidarbha, Why He Isn’t a Villain, and Why the RSS Surprises Him

‘My negotiations were lauded within my party, and that’s what matters to me. I don’t care about the certificates given by others.’

Nagpur: As the Mahavikas Aghadi’s (MVA) seat-sharing negotiations dragged on for two months, leaders within the MVA blamed Maharashtra Congress chief Nana Patole for his stubbornness and rigidity. Patole, however, describes this as his “strength” and “leadership skill”, asserting that his persistence was key to navigating the negotiations. 

In a conversation with The Wire, Patole discusses a range of issues, predicting that both Eknath Shinde and Ajit Pawar will disappear from the Mahayuti after the Maharashtra assembly results are announced on November 23. He also claims that Devendra Fadnavis is likely to lose his constituency this election.

Sukanya Shantha: Do you see any difference between the Mahayuti during the parliamentary elections in April and May and the Mahayuti now, during the state assembly elections?

Nana Patole: There are many differences. Their manifestos didn’t align, and their guarantees didn’t align. In many places, they’ve fielded candidates against each other. Mark my words, after this election, both Eknath Shinde and Ajit Pawar will disappear from the Mahayuti.

Do you think they have improved their strategy in the past few months?

No, all they’ve focused on is gaining votes through corruption. We’ve been receiving ground reports that they’re flooding the state with money in hopes of securing votes. These corrupt parties are trying to take over the state with their ill-gotten wealth, but the people are aware that this money they are offering is their own money, which these parties have systematically stolen over the years. So, people are not going to fall for this trap.

To what extent do you think their newly launched schemes will work? On the ground, we hear a lot of talk about the Ladki Bahin scheme. How much of an impact do you think it will have? Even Sharad Pawar, in one of his interviews, acknowledged that the scheme will have some impact in certain constituencies.

I’m not trying to overstep Pawar saheb here, but my understanding is that they aren’t doing any favors for the citizens.

The scheme originally belongs to the Congress. We successfully implemented it in Karnataka and Telangana. But let’s focus on why the Mahayuti only remembered the “ladki bahins (dear sisters)” after performing so poorly in the general elections. The moment they launched the scheme, prices went up. With one hand, they’re giving Rs 1,500, and with the other, they’re taking Rs 5,000 from families. They’ve spent Rs 6000 crore just on advertising this scheme, and they think the Ladki Bahin scheme will save them. But Maharashtra’s voters are smart. Just look at the condition of the farmers — they’ve destroyed the farming and agrarian economy. They continue to ignore the issue of unemployment. Inflation has impacted every single individual in this state. This government will have to go.

Before the elections, Mahayuti seemed to be doing some course correction and focusing on schemes. But over the past week, their political rhetoric has reverted to the same “batenge, katenge” and “jihad” claims. Why do you think this shift happened?

They are making desperate attempts. They thought they could fool the people with this one scheme, but they know that people are not willing to trust them. So, they’ve returned to their usual communal speeches. If the prime minister of this country has to speak in this manner, it’s clear he has no confidence. This country has never had such a weak prime minister before. Their failure is inevitable.

Also read: In Maharashtra, Five Key Seats Have Reflected Broader Poll Outcomes for Decades

The MVA manifesto has a long list of promises, but can you share the specific concerns and issues of Vidarbha?

In Vidarbha, the most pressing issues are related to farmers, unemployment, and inflation. The government’s decision to slyly move industries to Gujarat has also directly impacted the people of this region. We’ve been raising these issues with the people, and we want them to make an informed choice.

During the seat-sharing discussions last month, the MVA took a long time to reach a consensus, and you were often blamed for problems within the three parties. The media too portrayed you as the villain causing trouble in the smooth discussion among parties. What do you have to say about these allegations?

See, even if the alliance parties considered me a villain, I emerged as a hero for my party. My negotiations were lauded within my party, and that’s what matters to me. I don’t care about the certificates given by others. Everyone in those meetings was fighting for their own party’s interests. I too was doing the same, and I don’t think there’s anything wrong in aggressively fighting for your party’s interests. As the head of the party, I’m supposed to do that.

Many rebel candidates have emerged in several constituencies, and it’s believed that these rebels could harm the MVA candidates. Is the MVA considering this a major concern?

There is no challenge from these rebels. Even the BJP has rebels in many constituencies. If anything, these rebels will help us consolidate our voters.

Vidarbha is seen as a power corridor in Maharashtra politics. Losing or winning here determines the fate of political parties for the next five years. You come from the Gondia district in Vidarbha, and in this region, state politics often mirrors national politics, with Congress and BJP fielding the most candidates against each other. Of the 62 seats in the region, around 40 are witnessing direct Congress-BJP duels. How do you see the fight this time?

The people of Vidarbha gave the BJP an opportunity twice. And just because of the people of this region, BJP has been able to rule the state for this long. (Devendra) Fadnavis had claimed that he wouldn’t marry until Vidarbha got separate statehood. He’s married now, with a grown-up daughter, but the people of Vidarbha have gotten nothing. There is no separate statehood or development in the region.

The voters are going to push him out of power this time. He is losing from his Nagpur South-West constituency. Our candidate Prafulla Gudhade Patil will surprise everyone. 

How actively is the RSS involved this time?

The RSS surprises me. BJP president J.P. Nadda announces that BJP doesn’t need the RSS, yet here the RSS keeps running after the BJP. Is the RSS so desperate and helpless that it’s seeking validation from the BJP now?

Is this out of helplessness, or is this part of a well-thought-out plan?

The RSS is an NGO, and if the BJP stays in power, they make a lot of money. So, it’s in their interest to see BJP stay in power.

For the past five years, there’s been constant demand for reservation for the Maratha community. Several agitations have taken place across Maharashtra. But this demand has caused unrest among the OBC communities. As a leader from the OBC community, how valid do you think this concern is?

The government had planned to cause a divide between the OBC and Maratha communities, but they didn’t succeed. Now, their national leadership is stationed in Maharashtra, and they’re desperately traveling everywhere. If the OBC-Maratha divide had worked as per their plan, they wouldn’t need to campaign so desperately this time. Modiji would have addressed one rally and returned instead of doing multiple public events across the state.

Manoj Jarange Patil, who has been aggressively advocating for Maratha reservation, decided to withdraw from contesting the election. Why do you think that happened? On whose instructions is Jarange Patil acting?

He is fighting for his community. How can I say he is working on someone’s instructions? Even if he is, he’s been cheated. In 2014, Fadnavis promised that Marathas would get reservation benefits as soon as their party came to power. They’ve been in power twice since then, but the Maratha community has received nothing.

Your party is not against Maratha reservation, but on the ground, the anxiety is palpable. The OBC community is worried about including the Maratha community under the reservation umbrella. As a leader from the OBC community, what would you say to Congress voters?

Our leader Rahul Gandhi has consistently demanded a caste census. He has proposed a solution: let the government carry out a caste census. He has also demanded that the 50% cap on reservation be lifted. Once this is done, we will know for sure whether the Maratha community is eligible for reservation or not.

Data analysis and visualisation by Pavan Korada.

In the Land of the Vishwaguru, We Are Frogs in a Well

At a recent trip to Uzbekistan, I was expecting to be treated as a visitor from the country that we have been regularly informed during last 10 years, is the “vishwaguru”. 

Caveat: I risk confirming the status of an ‘anti-national’, given to me by many of my friends and relatives, after this piece sees light of the day. 

My recent sojourn as a tourist to Uzbekistan recently made me realise that we Indians are like frogs in the well confined to a cocoon created for us by the totally controlled media spreading government-sponsored propaganda. 

We Indians are happy with whatever life presents us because we have no one else except Pakistan and Bangladesh to compare with. Most of us (at least 1.35 billion out of an estimated 1.40 billion Indians) do not have means to travel and get a first-hand feel or knowledge of how much the other countries of the world have progressed leaving us way behind in almost all spheres of activity.

Having travelled abroad earlier too, I have experienced the much better level of infrastructure, systems, discipline, cleanliness and behaviour of people in those countries. However, I was particularly conscious to take note of these aspects during my  latest visit abroad. I was particularly conscious and anticipating that I will come across the “danka of India and Modi” (danka is a ceremonial drum) that is supposed to be playing in the world. I was expecting to be treated as a visitor from the country that we have been regularly informed during last 10 years, is the “vishwaguru” or at least is fast on its way to become one. 

However, I found that the country just about one-eighth of India in geographical area and having a population of only 38 million is way better in all the aspects mentioned above. The country which is ranked 67th or so in the world in terms of Gross Domestic Product, leads the world’s fifth largest economy by far in infrastructure and functional systems. 

The well-maintained roads ensured that the traffic was always smooth both within the cities and the highways. We did not encounter any “toll booths” anywhere on our journey on the highways, unlike in India where we find toll booths at short distances, in spite of which the highways are good only in patches. Even the single road to Chimgan mountains, two hours’ drive away from Tashkent, was without all pervasive potholes or speed breakers that we find in India. Suffice to say that in India the roads, especially, beyond the highway, are in despicable condition.  

The only police presence that I saw was that of “tourist police” at places of touristic importance. The traffic was smooth because everyone followed traffic rules. No one overshot traffic light, nor did they drive on the wrong side. Even the pedestrian traffic followed discipline, stepping out to cross the road only upon green light for them to walk. This was in spite of the fact that there was hardly if any presence of police on the roads. Technology, obviously, is the deterrent besides the pressure of societal norms. 

A lot of touring by us was by train. The distance of about 525 kilometre from Tashkent to Bukhara took just over four hours to cover, in spite of two halts en route. We on the other hand are still in the process of grandiosely flagging off “Vande Bharat” which can at best be termed as medium fast, hardly covering 300 kms in three hours or more. Unlike in India, the train staff was courteous and stood outside the bogey at the door to guide the passengers to their respective seats. Heaps of garbage along the railway line – a common sight in India – was nowhere to be seen. The trains were punctual to the last minute.

The “Nirmal Bharat” campaign started at the beginning of this century, has obviously failed to make an impact even after being rechristened “Swachh Bharat” and billions of rupees spent in advertising it. The campaign was bound to fail because of absence of any infrastructure for waste disposal. We also need to imbibe the sense of discipline and cleanliness amongst our children in their formative years in the schools. However, there isn’t enough emphasis on these aspects. Dependence merely on sloganeering and media hype is not likely to succeed in moulding behaviour rooted in a culture since centuries.

Discipline and appropriate social behaviour can be ingrained only if we as a society try and inculcate a sense of moral responsibility on part of citizens towards the society. It is the shared sense of respect for the rights of others, duty towards them and the society that can motivate people to behave appropriately. The sense of cleanliness and discipline thus gets imbibed into each individual and becomes inherited culture. We in India however, totally lack this sense of responsibility and care for others and towards the society. Breaking law in India is considered niche and the law breakers are looked at with awe, especially if the law breaker is well connected and powerful, besides having the ability to short circuit the due process of Law by paying out the law enforcers. 

The second reason for such impeccable discipline in Uzbekistan is the widespread use of technology to detect crimes and strict enforcement of law of the land irrespective of any external considerations. While one is not privy to actual data, one can safely presume that the rich and powerful perhaps too are treated in the same manner as any common citizen.

The levels of education in Uzbekistan too appear to be much better as compared to India. The cost of education, especially the higher professional education appears to be much less there. I found several young boys and girls travelling to Tashkent in our flight and interacted with some. A common refrain was that they preferred to go to Uzbekistan and other countries of Western Asia for medical education because it worked out much cheaper at Rs 3 million tuition fees for six years plus their personal expenses. Whereas in India the same education would cost upwards of Rs 15 million plus personal expenses if they fail to get into a government medical college through the centralised NEET examination. As per them, the standards of teachings imparted are equivalent if not better when compared to India. Lack of quality education in India has led to the presence of a large number of “professionally qualified” but actually unemployable young people in the society available for the politicians and religious bigots to exploit.

Samarkand. Photo: Flickr/Henrik Berger Jørgensen (CC BY-NC-ND 2.0).

We had two very young guides conducting us at Samarkand and Tashkent. Both of them were studying and working part time as tourist guides, even though they need not have done this because of sound financial conditions of their parents. In India this is unthinkable, especially, amongst the middle- and high-income households. The elite in India would rather present their minor children with a high-end SUV which they drive rashly and kill unsuspecting pedestrians after downing a few drinks, secure in the knowledge that the money power and contacts of their parents will save them from any penal action by the law enforcing authorities. It is only the poor who are compelled by circumstances to take up work at the cost of a formal education in order to supplement the income of their household. 

I was surprised at the amount of knowledge and world view that these young guides had, not only about the tourist sites that they took us to or Uzbekistan only, but also about what developments taking place in the world and their impact on Uzbekistan. To the contrary, one finds very few, if any, young and formally educated persons in India having well-rounded knowledge and analytical ability. There are hardly any young or even senior people willing to engage in any meaningful discussions on any issue beyond the bigotry of fixed ideas or knowledge acquired through social media.

Such a state of affairs prevails here because formal education in India doesn’t encourage critical thinking. It doesn’t prepare people to face up to the challenges of the world. The result is that we have young people resorting to cultural and religious bigotry, moral policing, superstition and unscientific practices. No wonder the country has failed to achieve either moral ascendency or actual development. Whatever successes that we have achieved in the fields of science, technology, and sports have been in spite of impediments as mentioned above and due to individual brilliance.   

Last but not the least, one very important aspect of the society in Uzbekistan is communal and ethnic harmony in the country which has a majority of 96% Muslims (84% being Sunnis and 12% Shias) and barely 4% practitioners of other religions (2.3% being Orthodox Christians and remaining 1.7 other minorities). Even a minuscule minority of just 200 Jews have a functional synagogue in Bukhara where they continue to pray and welcome visitors of any religion or ethnicity with open arms (most of about 95,000 Jews left for USA, Germany and Israel after the dissolution of the Soviet Union). Different ethnic communities like the majority Uzbeks, Taziks, Kazaks and Russians too live in perfect harmony. There have hardly, if ever, been any reported case of ethnic or religious strife. Our Russian guide at Samarkand told us that the only time they faced some restrictions on open practice of religion was during the Soviet era till 1991, when it was practiced mainly in the confines of homes. 

There has been no reported case of practitioners of majority religion going and dancing in front of churches or synagogues on Eid or shouting religious slogans and waving weapons as happens quite frequently in India or vice-versa. None from religious minority is compelled to shout slogans equivalent of “Jai Shri Ram” that the protagonists of Hindutva force Muslims and other minorities to do in India. No one is ever known to have attacked the only synagogue or tried to fly a green flag on it or on any of the churches in Uzbekistan. No one scoffs at inter-religious or inter-ethnic marriages and cries “love jihad” or imposes food choices on minorities.

This short trip to Uzbekistan has brought in a realisation that India needs to do a lot of catching up in spite of the size of its economy, geographical size and population. We risk having continued ethnic strife if the people in power continue to resort to divisive policies, be they religion-based or caste-based.

I must confess that the short trip is not enough for a person to understand the nitty-gritty of the dynamics of a society, however, it is absolutely clear that the “danka” of India doesn’t actually play as we have been made to believe during the last decade. India is yet a far distance from arriving on the world scene. India has the potential to achieve greatness, which can happen only by inculcating discipline, morals and compassion. The people in power must work towards uniting the society instead of playing divisive politics. The common citizen thus empowered will have “true sense of patriotism and nationalism” which is totally different from the one being spread and talked about now these days. 

Sanjiv Krishan Sood was Additional Director General, BSF.

US Congressional Research Service Report Explores India’s Worsening Religious Freedoms

‘After a decade of BJP rule at the federal level and expanded BJP power in state governments since 2014, Hindu chauvinism and bigotry are more visible in India, with rates of communal violence on the rise in recent years.’

New Delhi: Highlighting India’s worsening human rights records, a new Congressional Research Service report notes differing views among US policymakers and analysts on addressing this concern, while courting New Delhi as a strategic counterweight to China.

The report ‘India: Religious Freedom Issues’ released earlier this week charts the basis of India’s secular constitution and explains the religious and political fault-lines that have fuelled the growth in social disharmony and what it has meant for India-US ties.

“After a decade of BJP rule at the federal level and expanded BJP power in state governments since 2014, Hindu chauvinism and bigotry are more visible in India, with rates of communal violence on the rise in recent years,” said the report.

It also spotlighted the recent accusations made against the Indian government by Canada, as well as US prosecutors, of alleged transnational acts. “These developments severely disrupted India-Canada ties and could yet affect the tenor and trajectory of the U.S.-India partnership. They also have attracted congressional attention.”

Earlier this year, the Senate foreign relations committee chair had “explicitly linked his approval of a pending U.S. arms sale to India to Biden Administration assurances that India’s government was committed to a thorough investigation leading to ‘credible accountability’ in the case”.

The report underscores that for the past two decades, US and Indian officials “have consistently identified shared values as the basis of the bilateral partnership,” with democracy, freedom, human rights, and pluralism prominently featured in joint statements since 2000. Reflecting on independent analysts’ views, it states, “From this perspective, India’s poor human rights record could lead to a weakening of that country’s role as a US partner.”

It further went on: “A perceived Modi/BJP project to codify religious majoritarianism in the country through Hindu nationalist policy, if continued, ultimately may erode the credibility of the Indian state, in part by widening and even making permanent the existing fault lines among its religious communities”.

The “argument” goes, the report says, that India’s desired great power status requires societal harmony, and that the US should insist on it. At the same time, other analysts have said that the shared US and Indian interests, rather than values, would be at the core of policymaking. “The implications here may be most relevant to expectations among some in the U.S. capital that shared values alone would lead India to “ally” with the United States in a potential conflict in the western Pacific.”

Referencing a 2024 Carnegie report, the CRS noted that many analysts have said that there is also a view that “calls to “prioritize human rights” in US policy are based on a false assumption that values and security interests must be “balanced,” an alleged fallacy that inevitably leads to favoring the latter.”

Instead of a “misplaced deference to the defense establishment,” some analysts urge human rights advocates to emphasise the interlinkages between rights-respecting policies and national security interests while generating their own (non- militarised) conception of the US national interest. 

In its chapter on “considerations for Congress”, the report noted that the US Commission for International Religious Freedom had recommended since 2020 too designate India as a “country of particular concern”.

It also proposed nine suggestions for Congress to address freedom issues in India which include raising concerns through hearings, delegations, and conditioning aid on improved human rights conditions, encourage reforms to laws such as the UAPA and FCRA, support for facilitating USCIRF visits to India and advancing legislation aimed at addressing human rights issues both domestically and globally.

The report also noted that the “Indian government may become less inclined to maintain or deepen its partnership with the United States if the US government forcefully presses it on human rights”.

“Actions such as CPC designation, the targeted sanctioning of individuals (most especially government officials), and the conditioning of aid or defense sales to India likely would vex the New Delhi government and potentially be challenging to the goal of deepening a values-based US-India partnership,” the report observed.

‘Executive Cannot Become Judge’: Supreme Court Continues Onslaught Against Bulldozer Justice

‘The chilling sight of a bulldozer demolishing a building reminds one of lawlessness where might was right,’ a bench of Justices B.R. Gavai and K.V. Viswanathan said.

New Delhi: The Supreme Court has continued its powerful onslaught against ‘bulldozer justice’ with a repetition of its stance today (November 13) that the executive cannot demolish a house because persons living in it are accused or convicted of a crime.

“The chilling sight of a bulldozer demolishing a building reminds one of lawlessness where might was right,” a bench of Justices B.R. Gavai and K.V. Viswanathan said, according to LiveLaw.

The bench was hearing multiple petitions filed by the Jamiat Ulema-i-Hind and others, seeking directions to stop the bulldozing of property as a method of delivering justice.

The court noted that the deliverance of such justice violated the principle of separation of powers, as well. It also amounted to imposing “collective punishment” on the families of the accused and convicted.

The court also noted that public officials who order and execute these demolitions should be hauled up. Earlier in the month, a three-judge bench comprising outgoing Chief Justice of India D.Y Chandrachud along with Justices J.B. Pardiwala and Manoj Misra directed the Adityanath-led Uttar Pradesh government to pay senior journalist Manoj Tibrewal a compensation of Rs 25 lakh after his ancestral house and shop were unlawfully demolished by officials for widening a road.

The judgment authored by Justice Gavai mentions a Hindi poem by Pradeep which goes, “To have one’s own home, one’s own courtyard – this dream lives in every heart. It’s a longing that never fades, to never lose the dream of a home.”

Justice Gavai then writes that it is a dream of every person, every family to have a shelter above their heads, before noting:

“An important question as to whether the executive should be permitted to take away the shelter of a family or families as a measure for infliction of penalty on a person who is accused in a crime under our constitutional scheme or not arises for consideration.”

The court noted that the executive cannot pronounce a person guilty. “Only on the basis of accusation, if the executive demolishes the property of the person, it will strike at the rule of law. The executive cannot become a judge and demolish the properties of the persons accused,” the court said.
The court also said that such highhanded and arbitrary actions “have no place in a constitutional democracy.”

Row Over Muslim MLAs Invited to Haridwar Foundation Day Event at Har-ki-Pauri

As per protocol, the Haridwar district administration extended invitations to local MLAs, including BSP MLA Mohammad Shahzad from Laksar and Congress MLAs Furqan Ahmed and Qazi Nizamuddin from Piran Kaliyar and Manglaur, respectively. However, none of the MLAs attended the event.

New Delhi: A dispute arose in Haridwar after the district administration invited three Muslim MLAs to attend a state foundation day celebration at the Har-ki-Pauri ghat. The invitation drew objections from the Ganga Sabha, which oversees the historic site, citing a long-standing rule barring “non-Hindus” from entering the ghat – a restriction reportedly established under the Haridwar Municipal Act of 1935 during British rule.

The event was held on Monday, November 11, with chief minister Pushkar Singh Dhami and several BJP leaders in attendance. As per protocol, the Haridwar district administration extended invitations to local MLAs, including BSP MLA Mohammad Shahzad from Laksar and Congress MLAs Furqan Ahmed and Qazi Nizamuddin from Piran Kaliyar and Manglaur, respectively. However, none of the MLAs attended the event.

A Ganga Sabha member confirmed to the Times of India that “some issues were raised,” but declined to elaborate, saying only that “everything went well.” Meanwhile, Anuj Walia, state coordinator for the Bajrang Dal, expressed strong opposition to the MLAs’ invitations. “Har-ki-Pauri is a holy place for Hindus, and entry of Muslims is not allowed there,” he told the Times of India. Walia claimed the administration acknowledged the error and assured that such an invitation would not be extended in the future.

The boycott from the three MLAs appeared to be unrelated to the controversy. Nizamuddin clarified that he and Furqan Ahmed were both out of the state, campaigning in Maharashtra for the upcoming assembly elections. “My party has given me a key role for the Maharashtra assembly elections and I have been campaigning for the party for the past few weeks. Furqan Ahmed is also campaigning in Maharashtra,” Nizamuddin told the Times of India.

Shahzad downplayed the right-wing opposition to the Times of India, saying, “We don’t care about the resistance by right-wing outfits as they are working on a propaganda to polarise the society. We know the sanctity of Ganga and Har-ki-Pauri and as residents of Haridwar district, we respect it.” He also noted his reluctance to attend government events due to previous experiences, alleging they are often “hijacked” by BJP leaders who sideline other elected representatives. He criticised the event’s focus, arguing that funds could have been better allocated for development work rather than ceremonial gatherings.

Haridwar district magistrate Karmendra Singh defended the invitations, stating that the administration was simply following standard protocol for district MLAs, while also being mindful of the Ganga Sabha’s concerns, according to a Times of India report.

Two Bodies Found After Manipur Police Says 10 ‘Armed Militants’ Killed by Security Forces in Jiribam

The World Kuki-Zo Intellectual Council has said in a statement that 11 of its volunteers were “mercilessly shot dead” by CRPF and has demanded action against the forces. 

New Delhi: The bodies of two Meitei men were found a day after 10 people belonging to the Kuki-Zo community in Manipur, whom police identified as “armed militants” were killed by security forces while allegedly leading an attack on a police and CRPF station on November 11. The incidents took place in the Jiribam district.

On the morning of November 12, the bodies of two men, identified as Laishram Barel Singh (63) and Maibam Keshwo Singh (71), were recovered by police from houses in the Jakuradhor area, according to a report by Indian Express.

The two had reportedly been staying at a relief camp at Borobekra police station. Ten people from the camp have reportedly gone missing since the shooting on November 11.

Manipur Police noted that police and the CRPF “retaliated strongly” against the November 11 attack on the Borobekra police station and Jakuradhor CRPF post.

“After about 40-45 minutes of heavy exchange of fire, the situation was brought under control,” the statement said.

The bodies were discovered after firing ended, police said. Police have claimed that three AK-47 rifles, four self-loading rifles, two INSAS rifles, an RPG, one pump-action gun, bullet-proof helmets and magazines were also discovered.

A criminal case has been registered and is being investigated, police further said.

Police said that operations in and around Jakuradhor, under the Borobekra police station’s jurisdiction, have continued “to flush out armed militants.”

Reinforcement teams of personnel from the Assam Rifles, CRPF and civil police have been rushed there.

A CRPF constable, Sanjeev Kumar, suffered a bullet injury and has been taken to Silchar Medical College and Hospital in Assam, the police added.

Fighting has continued in the ethnically divided state since May last year.

At Jiribam, on the same day, at least 10 shops belonging to the Meitei community were reportedly set on fire by suspected militants, according to a report.

The World Kuki-Zo Intellectual Council has said in a statement that 11 volunteers were “mercilessly shot dead” by CRPF and has demanded action against the paramilitary forces.

Indian Express has reported that the 10 killed belonged to the Hmar community.

Note: This report has been updated since publication with news on the two deaths.

Super Chat: How YouTube and YouTubers Are Making Money Out of Hate

While Super Chat is encouraging creators to post inflammatory content, YouTube is not only failing to curb extremism on the platform but is also benefiting from it.

While hate-filled content has been given space on YouTube for a while now, the video sharing giants other features also help in spreading hatred and profiting from it. One such tool is Super Chat.

Super Chat is a feature on YouTube that allows viewers to pay to have their messages highlighted during a live stream.

Four months ago, YouTube creator Ajeet Bharti streamed a video live on YouTube. In it, he claimed that Muslims are conspiring and engaging in ‘love jihad’ against Hindu women. During the live stream, a person named Kumar Saurabh asked through Super Chat, “Can we form a group like the Ranveer Sena to fight against love jihad?”

The Ranveer Sena is known for committing atrocities against Dalits and is notably infamous for the massacre of Dalit communities in Bihar during 1990s.

‘Love jihad’ is a bogey peddled by Hindutva organisations who claim Muslims are engaged in a conversion plan and wish to convert Hindu women through marriage.

Bharti’s video is about a murder from Karnataka that he repeatedly refers to as having arisen from ‘love jihad’. However, the state police, the chief minister Siddaramaiah and later the state’ crime investigation department have all denied a communal angle to the killing.

Bharti’s live video, which was watched 107,000 times, goes against all of YouTube’s guidelines regarding sensitive, false, violent, and dangerous content. The Super Chat by Kumar Saurabh is also a violation of the violent and dangerous content policy of YouTube.

This Super Chat, which incites violence against Muslims, was purchased by Kumar Saurabh for Rs 40. Seventy percent of this amount (Rs 28) will go to the creator, Bharti, and 30% (Rs 12) will be taken by YouTube, as per the site’s rules. Kumar Saurabh’s was not the only Super Chat Bharti got – he earned approximately Rs 2,100 from Super Chats during this live stream. In another live video, which also violated hate speech and violent content guidelines, he got earned him up to Rs 14,000 from Super Chats.

Bharti is a well-known figure in Hindutva circles. He has around 639,000 subscribers on YouTube, 447,000 followers on X, and 265,000 followers on Instagram. Earlier he used to work at OpIndia, a Hindutva propaganda website.

An operation similar to Bharti’s is the infamous Sudarshan TV channel, which spreads hatred against Muslims in almost all its videos. YouTube has allowed the channel to exist, and allowed it to make money and also profits from its content.

Ajeet Bharti’s live stream from 19 April, 2024 where Superchat from the user Kumar Saurabh can be seen.

Business model

Sudarshan TV’s hateful videos on YouTube run with advertisements from major brands like GoIbibo and Zomato, for which YouTube collects large sums of money and shares a portion with the creators. YouTube’s CEO, Neal Mohan, says that such partnerships with creators are “good for business.”

In January 2017, YouTube launched Super Chat and Super Stickers. Any user can now pay money to make their comment or animated sticker appear in a larger font, with a distinctive colour and in an animated format. The word limit and the duration for which the comment will appear in the live chat depends on the amount paid. In India, Super Chat can be bought for amounts ranging from Rs 40 to Rs 10,000, depending on duration of visibility and length of the comment. The prices are set by YouTube.

Depending on the duration of visibility in the live comment section, the price range of a Super Sticker is from Rs 19 to Rs 10,000. This money gives privilege to a user to post animated stickers in the live running comment section. For instance, a sticker purchased for Rs 19 only changes in colour and size, while a sticker worth Rs 1,000 adds animation and stays for up for upto 30 minutes during a live video.

According to YouTube, any content on YouTube must follow the community guidelines. YouTube says that if a Super Chat violates these guidelines, it will be deleted, and the amount will be “donated to charity,” though there is no transparency about what kind of donation this entails.

Kumar Saurabh’s comment violates YouTube’s guidelines. This correspondent reported Kumar Saurabh’s comment twice on YouTube, but the Super Chat has still not been removed.

Super Chat allows ordinary citizens to directly interact with celebrities during a live streaming and get publicly noticed by a celebrity creator. A user can make provocative comments to grab the attention of the celebrity, and in the pursuit of money, celebrities may also make inflammatory remarks to engage viewers.

It is thus an easy tool for promoting extremism on religious, ethnic, and gender issues. The quickness of Super Chat gives it immense potential to promote extremist views.

One example of this is Bharti’s live video. “What is the solution to this murderous mentality? This will continue. How and when will it stop?” a Super Chat in Hindi, of Rs 100, comes from a viewer named Amit Mishra. It appears in a larger size and different colour from other comments. In response, Bharti generalises Muslim children studying in madrasas, calling them sexual offenders. “No, it won’t stop, Amit ji, this doesn’t stop. Because it’s a mentality. This is not an isolated incident…there was a madrasa in Moradabad, a child from there was caught… he was a small child, 7-8 years old, and he was doing something with a Hindu girl. When asked, he said the Maulvi teaches us to do this – if it’s a Hindu girl, bring her, and do dirty things with her,” Bharti says.

After that, Bharti calls Muslim men “violent” and madrasas “dangerous places”. The next Super Chat, worth about Rs 300, justifies Chinese president Xi Jinping’s actions against Uyghur Muslims in the country. In response, Bharti agrees, calling Xi’s approach the right one for eliminating “extremism.” There is substantial evidence of human rights abuses against Muslims in China.

A study by the Reuters Institute this year stated that around 50% of people in India get their news from social media, and 54% of them rely solely on YouTube. In such a case, YouTube’s accountability matters much more.

According to research reports, YouTube is unable to ensure that videos uploaded to its platform follow community guidelines. And a video can have hundreds of Super Chat comments. If YouTube is unable to enforce rules on a video, it is unlikely to be able to moderate its comments.

For instance, according to a report on the Sudarshan TV YouTube channel, there were about 25 videos violating guidelines. They were reported to YouTube, but no action was taken. Many of these videos, created during the Lok Sabha elections, spread hate and misinformation against the Muslim community, amassing over 3.5 million views.

According to YouTube’s Transparency Report, India has the highest number of videos violating guidelines. Between January and March 2024 alone, more than 26 lakh videos were removed. India has ranked first in this category for the last four years.

A research from Oxford University shows that YouTube and other social media platforms ignore hate speech, disinformation, and violent content coming from poorer countries, while enforcing stricter rules in developed countries.

Last year, cow vigilante Monu Manesar from Haryana, was accused of kidnapping two Muslim individuals and burning them alive. Monu was also a YouTube creator who had been posting violent videos for almost six years. In his videos, he would chase vehicles transporting cattle and fire shots at them. Several videos showed vehicles that were being chased crashing while trying to escape. He would capture and photograph himself with the injured individuals he caught. Monu had nearly 200,000 subscribers on YouTube, and the platform had awarded him a celebratory silver button for reaching 100,000 subscribers. Despite being reported by several Indian news outlets and fact-checking platforms, his channel was not removed. However, after a report by the New York-based news organisation, Coda Story, in February 2023, YouTube removed nine of Monu’s videos from his channel.

Screenshot of the Youtube Transparency Report.

According to YouTube’s Transparency Report, between January and March 2024, YouTube removed over 144 crore comments worldwide for guideline violations. YouTube claims that 99% of these comments were identified and removed by the platform itself. Of these, 83.9% were spam, fraud, or misleading, while hate-filled and offensive comments were only 1.7%.

Screenshot of the Youtube Transparency Report.

This correspondent reported the hate-filled comments on Bharti’s video to YouTube, but they were not removed. This suggests that YouTube does not necessarily identify hate comments on its own, nor does it remove them even after they are reported by a user. This could be due to YouTube’s technical incapacity, or because moderation of hate and polarising content is not a priority for the platform. The third possibility is that hate and polarisation are profitable for YouTube.

The quarterly Transparency Report does not mention anything about Super Chat at all. YouTube does not provide data on how many Super Chats have been removed for guideline violations, or about the sum of money received by Youtube as penalty it has levied on Super Chat buyers as a result of violation of its guidelines. It also, crucially, has nothing about the nature of charity they are doing with the above penalty money.

This correspondent has sent several questions to YouTube regarding Super Chat, but the company did not give specific answers to any question. No action has been taken on Bharti’s video or Kumar Saurabh’s ‘love jihad’ Super Chat yet. YouTube says they are reviewing both.

However, it stated, “We have created several tools through which any creator can control live chat in their live video. A regular user can also flag any inappropriate Super Chat, meaning they can report that the Super Chat is inappropriate.”

In addition to the options available to users and creators, YouTube, says about its accountability as a platform: “If our smart detection system identifies any inappropriate Super Chat, we stop the purchase before it is completed.”

But the violent and hateful Super Chats this correspondent reported were not only not identified by YouTube, but even after reporting, they were not removed. The Wire has also sent questions to Ajeet Bharti but has received no response.

This article first appeared on The Wire Hindi and has been translated by Naushin Rehman and Vipul Kumar.

Days After Flagging Environmental Issue, J&K Police Arrest Civic Activist Under PSA

Rehamatullah’s detention under the same draconian law was quashed by the HC in 2017. His arrest comes soon after five trade union leaders of Chenab Valley were slapped with the PSA, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

Srinagar: A young activist from Doda, whose detention under the Public Safety Act (PSA) was quashed in 2016 by J&K high court, has again been booked under the controversial law, with his family and a member of J&K legislative assembly alleging that he was targeted by the authorities for his activism.

The action comes days after five trade union leaders from the adjoining Kishtwar district of Chenab Valley were slapped with the PSA and taken into preventive custody, allegedly for raising concerns over the increasing health risks and environmental degradation caused by the construction of power projects in the region.

The controversial legislation, which has been dubbed as a “lawless law” by Amnesty International, has been widely used to silence political dissidents and government critics in Jammu and Kashmir by the Union government after the reading down of Article 370 in 2019, according to free speech activists.

Though the Union territory of Jammu and Kashmir now has an elected government, the police report to the Union ministry of home affairs via the lieutenant governor since the UT government’s limited mandate does not extend to law and order.

‘Sympathiser of militants’

In its latest action on November 9, Rehamatullah, 25, who lives in Dessa Bhatta of Doda, was booked under the PSA on charges of being an alleged “overground worker and sympathiser of militants” who posed a “threat to the security of the state”. The dossier (PSA 02 of 2024) also accused Rehamatullah of being “in continuous touch with ISI/PAK based settled militants”.

However, the five-page dossier, which has been prepared by the Senior Superintendent of Police (Doda) and approved by deputy commissioner Doda Harvinder Singh, does not refer to any formal anti-terror charges under which Rehamatullah has been booked in the past.

The dossier stated that the young activist has been booked in five FIRs (two of them for his speeches, one each for wrongful restraint, abduction and criminal trespass) and he has got bail from the courts in all the cases. It also referred to a Daily Dairy entry (No. 5 of August 2, 2024) against Rehamatullah at Doda police station.

The DD entry accused the young activist of purportedly using VPN for accessing the internet “so that his anti-national activities and his links across the border with PAK/POK based militant cannot be detected”.

“As evident from the above, it can be…concluded that the subject has maintained his links with the PAK/ POK based militants, which may have been used by foreign terrorists in killing defense forces personnel in multiple attacks in the district in the last 6 months. It is clear that the subject…has become a great threat to the security of the State,” the dossier noted.

Rehamatullah is the father of two minor children and the youngest among three siblings.

‘A big scam’

However, Doda MLA and Aam Aadmi Party (AAP) leader, Mehraj Malik sought to link the detention of Rehamatullah under the PSA with a video interview on November 6 in which the activist had accused the Doda deputy commissioner of failing to enforce the rules governing the disposal of solid waste in the town.

Against the backdrop of plumes of smoke rising from mounds of garbage, which he claimed had been set on fire by Doda town’s municipal authorities, Rehamatullah can be heard saying that the unscientific disposal of garbage was causing health issues for the residents. A Solid Waste Management Project was approved by the National Building Construction Corporation Limited in 2008 for Doda to collect garbage from 17 wards of the town and convert it into manure.

“The plant was supposed to minimise the negative impacts of solid waste on environment, quality of life and health. Why is the magistrate not taking suo moto cognisance? Why is the pollution control board and municipality silent? It is a big scam. Crore of rupees are being swindled. The government should look into it,” the activist had asked.

In another video on September 16, Rehamatullah can be heard appealing the people to use their democratic right to vote to give a “befitting reply” to the “forces of tyranny” and “those targeting the identity” of Jammu and Kashmir, “I appeal people to throng the polling booths and give a befitting reply to the tyrants by raising the slogan of ‘Inquilab zindabad’,” he said.

The Wire has reached out to the deputy commissioner, Doda, Harvinder Singh for comment. This story will be updated as and when the response is received.

‘Only raising his voice on public issues’

Fayaz Ahmad, Rehmatullah’s elder brother, said that there was a knock on their door at around 5 am on Sunday morning, “When my brother opened the door, the cops told him that he was wanted by one of their officers. Our elderly parents tried to protest but the cops warned them not to raise an outcry and go back inside,” he said.

Ahmad said that a team of nearly three dozen police personnel, including female officials, had cordoned their home before his brother was whisked away to Doda police station. “Just a day earlier, he had raised some uncomfortable questions about the poor quality of construction material used for building a sewer line near our home,” he said, adding that he was away in Jammu at the time of the raid at their home on Sunday.

Ahmad said that his brother’s activism had become a cause of anxiety for their parents also due to which he had handed the charge of his readymade garments store in Doda to his younger brother in order to keep him busy. “He was not doing anything wrong. He was only raising his voice on public issues. If asking the government officials and contractors to follow the rules is a crime, then he is guilty,” he said.

According to Ahmed, Rehamatullah was first booked under the PSA in 2016. He had recently started Urban Insights, a web portal which was registered as a micro enterprise (UDYAM-JK-05-0011305) with the Ministry of Micro, Small and Medium Enterprises under the Union government in the information services sector. Through it, Rehamatullah had aimed to amplify the voices of people on civic issues in Doda.

Quashing his PSA in 2017, the J&K high court had observed that Rehamatullah was deprived of his “fundamental right” to make “effective representation” against his preventive detention.

Charges against five trade union leaders

The detention of Rehamatullah came days after five trade union leaders in the adjoining Kishtwar district were booked under the PSA amid growing concerns over the environmental degradation caused by the power projects in the district.

The detention of the five leaders was condemned by the Peoples Democratic Party president Mehbooba Mufti, among others.

According to reports and several social media posts from journalists and activists in Chenab Valley, which comprises Doda, Kishtwar and Ramban districts, the five detainees had been flagging the issues of environmental degradation, poor compensation and health hazards triggered by pollution due to the ongoing construction of these power projects.

However, the administration has accused the five men of “anti-national activities” and “disturbing public order”. Doda-based journalist and editor of The Chenab Times, Anzer Ayoub said that the fact that the detainees were trade union leaders “is a gross abuse of power.”

Note: An earlier version of this report erroneously noted that the dossier was prepared by the Senior Superintendent of Police (Kishtwar).

 

Yogi Uses AMU Minority Status Verdict to Pit Marginalised Castes Against Muslims in Bypoll

‘How is it possible that an institution that is thriving on India’s resources and is operating through the tax money of India’s people is not providing any reservation to people of the Scheduled Castes, Scheduled Tribes and backward castes,’ Adityanath asked in Khair.

New Delhi: Seeking votes in a by-poll election in Aligarh, Uttar Pradesh chief minister Adityanath on November 9 tried to pitch the Supreme Court’s decision on the minority status of the Aligarh Muslim University to pit marginalised communities against Muslims. Twenty-four hours after the apex court overruled its judgment in a 1967 case that had become the basis of denying minority status to AMU, Adityanath brought up the question of caste-based reservations to people from the Dalit and tribal communities, and Other Backward Classes, in the central university.

Addressing a rally in Khair (an assembly segment in Aligarh district), Adityanath reiterated a long-standing demand of the Bharatiya Janata Party that AMU provide reservations in admission to members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes (OBC) communities. The central university has always been in the crosshairs of the Hindu right.

In 2018, Adityanath as well as the UP Scheduled Castes and Scheduled Tribes Commission had asked the university to explain why it did not provide reservation in admission to these communities. Adityanath had raised the issue of reservations to counter the opposition attack against his government on the issue of discrimination and atrocities faced by Dalits. Earlier this year, the BJP’s Member of Parliament from Aligarh Satish Gautam, speaking in parliament, demanded members of the SC, ST and OBC communities be provided reservations in AMU, arguing that the university was Union government-funded like the Banaras Hindu University. The BJP has consistently opposed AMU’s minority status.

Now, desperate to save his face in the upcoming bypolls, Adityanath referred to AMU’s legal battle to send the point home that marginalised Hindu communities were being discriminated against at the cost of Muslims.

“How is it possible that an institution that is thriving on India’s resources and is operating through the tax money of India’s people is not providing any reservation to people of the Scheduled Castes, Scheduled Tribes and backward castes?” Adityanath asked in Khair.

He also brought up the incidence of the university introducing 50% reservation for Muslim students in postgraduate medical courses in 2005. A single judge of the Allahabad high court in 2006, however, struck down AMU’s reservation policy, declaring it unconstitutional.

“But those people, on their own accord, tried to provide 50% reservation for Muslims there. This matter is going on in the Supreme Court,” Adityanath said at the public meeting.

Also read: In Jharkhand and Maharashtra, Yogi Unleashes Rhetoric of Hatred to Mobilise Hindus Behind BJP

Without explaining to the gathering the intricacies of AMU’s minority character, he asked why the university was not providing reservations to those belonging to Dalit and tribal communities – under the constitution – and to those from the OBCs on the basis of the Mandal Commission.

“When India’s money is invested, then people from the SC, ST and OBC should also get the benefit of reservations. They should get it in jobs and students should get it in admissions as well,” said Adityanath.

The saffron leader, who has made all attempts to communally polarise the electoral climate, alleged that people from the aforementioned communities were not getting reservations in AMU because opposition parties were more interested in saving their “vote bank,” a coded reference used for Muslims by the BJP. Naming the Congress, Samajwadi Party and the Bahujan Samaj Party, Adityanath – addressing people belonging to Dalit, OBC and tribal communities – said that these parties wanted to “save [their] vote bank” and were playing “with your sentiments and with national unity and integrity.”

The Supreme Court on Friday, by a 4-3 majority, overruled its 1967 judgment in the Azeez Basha case that had become the basis for denying minority status of the varsity. The top court ruled that the university’s status as a minority would be determined afresh by a different bench on the basis of its present ruling. “The view taken in Azeez Basha (supra) that an educational institution is not established by a minority if it derives its legal character through a statute, is overruled,” the SC said.

AMU welcomed the SC judgment on its minority character. Mohammad Asim Siddiqui, member in-charge of the varsity’s public relations office, said, “We welcome with humility the judgment of the Honourable Supreme Court of India. We will continue to serve the cause of affordable and quality education and contribute to nation building.”

Hyderabad MP Asaddudin Owaisi said the apex court had upheld the right of minorities to educate themselves. “It does not matter if the University was established before the constitution, or if it was set up by a law of the government. It is a minority institution if it was established by minorities. All the arguments of the BJP were rejected,” said Owaisi.