Varavara Rao granted conditional bail

On 22 February 2021, the Bombay High Court granted human rights defender Varavara Rao conditional bail on medical grounds. The defender has been in jail since his arrest on 28 August 2018 for his alleged role in the violence that broke out in Bhima Koregaon on 31 December 2017.

Human rights defender Varavara Rao’s health has deteriorated drastically in recent months, as he remains imprisoned in the overcrowded Taloja jail in Mumbai, Maharashtra. The 79-year-old was arrested and jailed, along with 10 other human rights defenders, for alleged involvement in the violence that broke out at Bhima Koregan on 1 January 2018. All 11 defenders flatly deny the allegations against them. Despite his medical conditions which require specialised treatment and COVID-19, Varavara Rao has spent 22 months in prison.

Varavara Rao is an academic, known for his progressive writings on social justice and human rights. He has been a senior figure in the human rights movement in India and has publicly spoken out against human rights violations, and the targetting of vulnerable communities.

On 11 July 2020, whilst Varavara Rao was on a call with family members, another defender accused in the Bhima Koregan case took the phone and informed Varavara Rao’s family that he was extremely weak, unable to walk and was having trouble communicating. He has also been suffering hallucinations. In previous calls on 24 June and 2 July, the defender also sounded weak and muffled. On 28 May 2020, he was taken unconscious to the JJ Hospital in Mumbai and was diagnosed with a medical condition which requires specialised treatment. When he was discharged from hospital three days later, the defender was still weak but was returned to Taloja prison. His health continues to deteriorate as a result of not receiving adequate care or treatment.

Front Line Defenders believes that the allegations against Varavara Rao are in reprisal for his writings and peaceful work to promote and protect human rights. In light of his current condition, the defender is in critical need of immediate and specialized treatment as he is also particularly at risk in prison during COVID-19. He has cooperated with the investigation since his arrest, and poses no flight risk, if he were to be released for treatment. The decision to continue to hold Varavara Rao in prison in the context of the pandemic, given his age and medical condition, whilst also denying him sufficient treatment and medication, is a violation of his dignity and his rights.

Front Line Defenders is seriously concerned about the deteriorating physical and mental health of Varavara Rao and urges the concerned authorities to ensure that he is given immediate medical attention. It believes that the charges against Varavara Rao and the ten other human rights defenders, Sudha Bhardwaj, Vernon Gonsalves, Gautam Navlakha, Arun Ferreira, Sudhir Dhawale, Rona Wilson, Shoma Sen, Anand Teltumbde, Mahesh Raut and Surendra Gadling, are in direct reprisal for their peaceful human rights work on behalf of the most marginalized communities in India.

On 24 January 2020, the Bharatiya Janata Party (BJP)-led central government abruptly transferred the inquiry into the Bhima Koregaon case from the Pune Police, in the state of Maharashtra to the National Investigation Agency (NIA), a central agency. The move has been criticised by human rights defenders and has raised serious concern regarding the course of the investigation. The case involves nine human rights defenders – Sudha Bhardwaj, Vernon Gonsalves, Varavara Rao, Arun Ferreira, Sudhir Dhawale, Rona Wilson, Shoma Sen, Mahesh Raut and Surendra Gadling – who have been in detention since 2018.

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The decision to transfer the case to the NIA is seen by human rights defenders as an attempt to maintain control over the political narrative on this case, in which nine defenders are incarcerated and several more are falsely implicated. In June 2018 five human rights defenders, Sudhir Dhawale, Rona Wilson, Shoma Sen, Mahesh Raut and Surendra Gadling, were arrested followed by the August arrest of Sudha Bhardwaj, Vernon Gonsalves, Varavara Rao, Arun Ferreira and Gautam Navlakha. All those arrested with the exception of Gautam Navlakha remain in jail, with their bail applications postponed or denied. Several other human rights defenders had their homes and offices raided, were labelled as urban Naxals and were the subject of false propaganda and a misinformation campaign by Indian authorities. The detained defenders are accused, without any clear basis, of inciting the violence that took place at Bhima Koregaon on 1 January 2018. They are also accused of sedition, criminal activity and conspiracy against the state. Front Line Defenders has previously raised concerns over the safety of the human rights defenders falsely implicated and has called on the Indian state to cease reprisals against human rights defenders based on their peaceful human rights work.

Following the State elections in Maharashtra the new government set up a Special Investigating Team (SIT) to inquire into the case. Given the hostile conditions for human rights defenders under the previous BJP led state government, there was hope among defenders of a positive resolution and greater protection for those involved under the new government and the SIT. The decision to transfer the case to the NIA and remove it from the State police comes in the wake of this development and may be interpreted as an attempt to prevent the new government in Maharashtra from carrying out a review of the controversial inquiry into the case. Effectively the case is back under the control of the BJP led central government. This has raised fears of the prolonged detention of those already in jail and further targeting of local defenders on account of their work.

Human rights defenders have consistently sought an independent probe in this case. In September 2018 the Supreme Court of India rejected a petition seeking an independent court-monitored probe. The then BJP led state government vigorously opposed the petition for independent monitoring. Prior to 24 January 2020, there had been no attempt by the central government or the previous state government to direct the case to the NIA.

Front Line Defenders believes that the nine human rights defenders currently in jail and others implicated in this case are being targeted due to their work in the defence of human rights. It believes that the timing of the transfer is a matter of serious concern as the investigation is over and pending adjudication in the court. It is an attempt to undermine an independent inquiry through a Special Investigation Unit and further compromise the safety of the human rights defenders involved.

On 28 August 2018, five human rights defenders were arrested and several others’ residences, including Father Stan Swamy’s, were raided in a coordinated crackdown by Pune police in different parts of India. Sudha Bhardwaj, Vernon Gonsalves, Varavara Rao, Gautam Navlakha and Arun Ferreira were all arrested in different cities under a host of charges, including terrorism-related charges.

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Sudha Bhardwaj is a human rights lawyer, with a focus on protecting the rights of adivasi (indigenous) people in the state of Chattisgarh. She has acted as legal representation in several cases of extrajudicial executions of adivasis and has represented adivasis and activists before the National Human Rights Commission of India. She also serves as the General Secretary of the Chattisgarh People’s Union for Civil Liberties.

Vernon Gonsalves is an academic and writer, who writes extensively on Dalit and adivasi rights, the conditions of prisons in India and the rights of prisoners. He has also advocated for scrapping the Unlawful Activities (Prevention) Act, a draconian piece of anti-terror legislation with a wide ambit and vague concepts, which allows its misuse against academics, lawyers and human rights defenders. In recent times, it has been used repeatedly to target people expressing dissent.

Varavara Rao is an acclaimed academic, well known for his progressive writings. He regularly takes part in various social activism activities and often speaks publicly on human rights issues.

Gautam Navlakha is a human rights defender and journalist. He was the Secretary of the People’s Union for Democratic Rights, a non-governmental organisation committed to legally defending civil liberties and democratic rights by protecting, extending and helping implement fundamental rights as guaranteed in the Indian constitution. He has also served as the convener of the International People’s Tribunal on Human Rights and Justice in Kashmir.

Arun Ferreira is a human rights lawyer who has been a member of the Committee for Protection of Democratic Rights and the Indian Association of People’s Lawyers. He is a defendant lawyer for five human rights defenders who were arrested on 6 June 2018, in a separate case related to the Bhima-Koregaon violence which occurred on 1 January 2018.

Father Stan Swamy is an indigenous people’s rights defender. He is the founder of Vistapan Virodhi Janvikash Andolan (VVJA), an all India platform for different movements that are resisting displacement of adivasi people, Dalits, and farmers from their lands. The organisation has supported these vulnerable communities in securing their land rights and proposing sustainable development models instead.

On 28 August 2018, Indian police simultaneously arrested five human rights defenders and raided the properties of several others in a nationwide operation. Sudha Bhardwaj was arrested at her residence in the state of Haryana, when it was raided by the police. During the raid, her laptop, mobile phone, pen drives and a blank diary were seized. Sudha Bhardwaj has expressed concern that her diary might be tampered with. The arrest documents presented to her were in Marathi language, which she does not understand, failing to comply with Section 165 and 166 of the Code of Criminal Procedure, 1973. The human rights defender has been charged under several sections of the Unlawful Activities (Prevention) Act, along with Sections 153 A, 505, 117 and 120 of the Indian Penal Code. Sudha Bhardwaj was recently the target of a defamatory media campaign, which branded her as a “Maoist”.

Gautam Navlakha was arrested at his residence in New Delhi in the afternoon during a raid. He faces charges under Unlawful Activities (Prevention) Act, along with Sections 153A, 505, 117 and 120 of the Indian Penal Code. Arun Ferreira was arrested from his home in Mumbai during a raid in the morning during which his wife’s laptop and pen drives were seized. Vernon Gonsalves and Varavara Rao were arrested at their homes in Mumbai and Hyderabad, respectively, in the afternoon. Vernon Gonsalves’ wife is also one of the lawyers handling the case of the five human rights defenders who were arrested on 6 June.

On the same day, Father Stan Swamy’s residence was raided in Ranchi city, Chattisgarh state. Laptops, mobile phones, cameras, memory cards and music tapes were all seized from his house. The search notice presented to him by the police was written in Marathi language, which he does not understand. This is the second time Father Stan Swamy has been targeted in the past two months. A false sedition case was lodged against him on 29 July 2018 in Jharkhand state for his work with the adivasi people in Jharkhand.

The five defenders were arrested based on evidence of their “involvement in inciting violence” on 31 December 2017. The violence in question occurred during Elgar Parishad, a Dalit commemoration of the anniversary of a battle the Dalits had won 200 years previously against the Peshwas (upper caste rulers). The commemoration had turned violent at Bhima Koregaon (near Pune) on 1 January 2018. The human rights defenders believe that the case has been brought against them to muzzle the voice of dissent, as all five are currently active in protesting against the arrests of other human rights defenders in India.

The defenders will be kept under house arrest in their own homes under police watch until 6 September 2018, as directed by the Supreme Court of India. The Court questioned the police’s decision to arrest the human rights defenders nine months after the incident, pointing out that they are all reputable citizens, and that “stifling the dissent” was harmful for a democratic society.

Front Line Defenders condemns the arrests of Sudha Bhardwaj, Gaurav Navlakha, Vernon Gonsalves, Arun Ferreira and Varavan Rao, as it strongly believes that they are directly linked to their peaceful and legitimate work in defence of human rights. Front Line Defenders also condemns the raid at Father Stan Swamy’s home and the seizure of his property.

Front Line Defenders urges the authorities in India to:

1. Immediately and unconditionally lift the house arrest orders on Sudha Bhardwaj, Gaurav Navlakha, Vernon Gonsalves, Arun Ferreira and Varavan Rao and return any property seized, as Front Line Defenders believes that the human rights defenders are being held solely as a result of their legitimate and peaceful work in the defence of human rights;

2. Immediately and unconditionally drop the charges against the five human rights defenders;

3. Conduct an independent, thorough and impartial investigation into the widespread violence organised against Dalits, including human rights defenders, in the aftermath of the Bhima Koregaon commemoration;

4. Immediately cease all further harassment of Fr. Stan Swamy and his family, and return the property seized from his house, as Front Line Defenders believes that the raid carried out was solely a result of his legitimate work in defence of human rights;

5. Guarantee in all circumstances that all human rights defenders in India are able to carry out their legitimate human rights activities without fear of reprisals and free from all restrictions.