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A Practical Approach To Same-Sex Marriage Rights

By
Gopi Shankar Madurai
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Feature Image Credits: Sahapedia

The ongoing petition in the Supreme Court on recognising “same-sex marriage” reflects the lack of conceptual understanding and difference between “sex /sex identity” and “gender /gender identity”.

The recognition of the existence of transgender or any other gender apart from binary gender as “third gender” was made in the famous decision of NALSA v. Union of India.

Following the same approach, if the Supreme Court recognises “same-sex marriage”, it will only be limiting the civil rights of marriage to cis-lesbians and cis-gays, leaving out people with diverse sex characteristics, including intersex persons, and gender variant identities.

While understanding GIESC (Gender Identity and Expressions, and Sex Characteristics), it is pertinent to note that sex characteristics and gender identity are different concepts and cannot be used interchangeably.

Being Intersex is a ‘sex characteristic’ and not a gender identity. Intersex people are are individuals who are born with sex characteristics that does not fit the binary definitions of male and female anatomy. These variations in sex characteristics could be variations in genitals, chromosomes, gonads or sex hormones. A person with intersex variations can be a ‘transgender person’ too, but Transgender may not be Intersex.

It is imperative that the Supreme Court and the Government of India recognise the existence of people with intersex traits (including intersex infants and gender non-conforming children), because it is not objectively possible to uphold the civil rights of persons with diverse sex characteristics without recognizing them (making them visible).

Till now, there is no specific data on the intersex population (including intersex infants and gender non-conforming children) available in India. The last Census of India (2011), only recorded the “Transgender persons” population, and that too under the ‘sex’ column. Unless and until we have clear data on a population of persons with diverse sex characteristics which is non-heterogeneous, it is not possible to frame or adopt effective policies for them. The current Census Schedule provides an option for “transgender” in the “sex” column for persons who do not fall under the binary male and female.

The primary understanding of persons with diverse sex characteristics is uprooted with the underlying meaning of male and female. There are no legal aspects to detail what constitutes a male and a female. The Registration of Births and Deaths Act, 1969 does not outline what is male and female. The Constitution of India mentions the term “sex” in Article 15, but there is no use of the term “gender”.

The term “sex” in the Constitution of India needs to be interpreted recognising the existence of persons with diverse sex characteristics. The biggest paradox here is that even without any legal parameter for what constitutes male and female, the Court and the Government of India went on to define the definition of “third gender” and “transgender persons” respectively.

Furthermore, there are no medical protocols to regulate the performance of a medical surgery to normalise the sex identity of intersex infants and gender non-conforming children. In 2019, the Madras High Court in the case of Arunkumar and Ors. v. IG of Registration, inspired by the advocacy of Srishti Madurai on the rights of intersex infants, imposed a ban on unnecessary medical intervention with intersex infants in the State of Tamil Nadu and directed the Tamil Nadu government to pass a legal order. Subsequently, the State of Tamil Nadu became the first state which provided a legal regime banning sex-selective surgeries with intersex infants. Now,  a nation-wide ban on unnecessary medical intervention with intersex infants is the need of the hour.

This judgment not only recognizes the plight of intersex infants but also upholds the inter-caste marriage of transgender persons. It highlights the existence of the marriage rights of gender variant persons in Hindu traditions, such as the Koothandavar Temple in Tamil Nadu, which represents the marriage of Aravan and Krishna. Also, gender-specific sacred spaces are respected in Hindu civilization which acknowledges the existence of persons with diverse sex characteristics.

The established jurisprudence by the Apex court on “third gender” has led to fallacies to further recognition of persons with intersex variations. For instance, in Nangai v. The Superintendent of Police, the Madras High Court relied on the NALSA judgment to treat an intersex person as “transgender person” and granted rights. This reflects ignorance of the existence of persons with intersex variations. Some High Courts have tried to uphold the rights of intersex persons. The Delhi High Court in Faizan Siddique v. Sashastra Seema Bal invalidated the decision of Sashastra Seema Bal denying the candidature of Faizan Siddique as Constable (GD) female on the ground of intersex traits.

But this does not mean that the Government of India or the Supreme Court recognizes the existence of intersex persons as individuals. Santhi Soundarajan, a female athlete with intersex traits, and the first Tamil Indian to win a silver medal in the Doha Asian Games (total 11 international medals), was devastated when suddenly told she does not pass the gender test. Her silver medal was taken back and the Government of India didn’t even defend her on the international circuit. She was compelled for a time to work as a daily wager for survival.

The absence of Government support and recognition of the rights of a female international athlete with an intersex variation, who had made India proud, pushed her into a corner; she even attempted to end her life. There are several other athletes with intersex variations who have suffered unheard; their bodily existence is itself in question. These intersex persons are living with a question mark over their recognition and existence and the same is impacting their day-to-day activities. It is the duty of the Government of India to recognise the existence of persons with intersex variations and to protect them.

The lack of recognition of the intersex population, including intersex infants and gender non-conforming children, leads to irregularities in laws. For instance, the Government of India adopted the Transgender Persons (Protection of Rights) Act, 2019. The definition of “transgender person” as provided in Section 2 (k) of the Act, traces its roots to NALSA v. Union of India, and defines gender identity and expressions and sex characteristics as “transgender persons”. This definition is not scientifically correct and intersex persons cannot be included under the umbrella of “transgender persons”.

Even the Central Adoption and Resource Authority (CARA) under the Ministry of Women and Child Development does not recognise the existence of intersex infants and gender non-conforming children. The CARA records the adoption of gender non-conforming children as the ‘hijra child’.

Not every subject of the state needs to reach the court for recognition. The tribes living in Andaman and Nicobar, like Sentinelese, are not even aware of their rights or status, but these are recognised by the Constitution. The point we want to make here is that the existence and recognition of intersex infants and gender non-conforming children should come from the Court or the Government as a suo motu action; they should give recognition and agency to this voiceless group.

Considering the present issues of same-sex marriage, the Government of India’s proposal to form a committee to address the issues of the community is not sufficient. India is a nation with myriad indigenous traditions and diversity. As a host of G20, India must make the nation more inclusive and closer to its traditional/indigenous roots.

We propose that India’s current National Council for Transgender Persons (NCTP) formed under the Transgender Persons (Protection of Rights) Act, 2019, having representatives from across the nation, should be re-constituted as National SOGIESC (Sexual Orientation, Gender Identity and Expressions, and Sex Characteristics) Commission with a broader framework and powers to address grievances.

The Government should establish an independent body such as a Centre for SOGIESC Studies to offer regulatory, advisory and policy-making functions in matters related to Sexual Orientation, Gender Identity and Expressions and Sex Characteristics. The civil rights of marriage of people with diverse sex characteristics can be routed via this independent body. In fact, the Government can pass separate legislation specifically to provide the civil right of marriage to persons with diverse sex characteristics under Hindu traditions without intervening in the right of marriage of heterogeneous populations under the Hindu Marriage Act, 1955.

Even the instances of performing the customary rites of Hindu marriage for gender non-conforming couples by the Hindu priests is a not a new phenomenon. For instance, a Hindu priest by the name of Raja Gopal Bhattar has officiated more than 20 marriages of gender non-conforming people via Hindu marriage rites and ceremonies. On being asked about the ceremonies and acceptance, the priest clarified that the Hindu traditions accepts and recognise the gender non-conforming couples and the hence the marriage is right and just.

If the Supreme Court moots recognition of the right of marriage, it should recognise this right for non-heterogeneous marriage (not excluding people with diverse sex characteristics) and accept the same under Hindu Personal Laws. Hindu traditions are the valid proofs and reasons for the acceptance of non-heterogeneous marriage rights for people with diverse sex characteristics and sexual orientation.

Gopi Shankar Madurai is the first openly intersex statutory authority with the Government of India. Inputs from advocate Vijay Mishra, human rights researcher and Coordinator of the Intersex India project. 

Did MK Stalin Really Get Arrested Under MISA During The Emergency?

By
The Commune
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It is a well-known fact that the ruling Dravida Munnetra Kazhagam (DMK) government in Tamil Nadu leaves no opportunity in claiming that MK Stalin was arrested under MISA during the Emergency.

The DMK often thumps its chest on how they fought Indira Gandhi’s draconian anti-democratic move.

The party had even held an exhibition in 2023 in which an exhibit showed a cop kicking MK Stalin on the chest claiming it to be the torture endured by Stalin in prison when he was incarcerated under Maintenance of Internal Security Act (MISA).

Credits: Times Of India

However, the question of whether Tamil Nadu Chief Minister MK Stalin was truly arrested under the MISA during the Emergency period has been a mystery. Despite Stalin’s claims of being a detainee during that time, recent efforts to obtain records through Right to Information (RTI) requests have revealed a lack of evidence.

Selva Kumar, the Vice President of the Tamil Nadu Bharatiya Janata Party’s (BJP) Industrial cell, took the initiative and filed an RTI to obtain the list of individuals arrested under MISA.

However, the responses to the requests from various central jails in Tamil Nadu presented a puzzling scenario. The Chennai Central Jail response stated that the records had been destroyed during the jail riots that took place on 17 November 1999. Similarly, the Coimbatore Central Jail could only provide data for the last 12 years, citing the RTI Act of 2005 and the limited record-keeping period specified in the Tamil Nadu Prison Manual Rules – 1983. The admission records of MISA prisoners during the 1975-1977 period were deemed untraceable and thus could not be furnished.

Further RTI requests to Vellore Prison and Cuddalore Jail met with similar obstacles. The Vellore Prison response indicated that due to the passage of 47 years, the requested information could not be provided as the records were in a state of disrepair.

The Cuddalore Prison cited the Thane cyclone, which struck on December 30, 2011, destroying old records, making it impossible to retrieve the information sought.

Unfolding Of Events

The timeline of the emergency is articulated well in this tweet:

Shah Commission Report

The Shah Commission Report detailed the excesses done during the Emergency period noted that in Tamil Nadu 1027 people were arrested and except for 1, everyone else was given the detention copy and an acknowledgement was available. A total of 570 people mostly politicians were arrested in Tamil Nadu and out of that number 419 were from the DMK. Here are some screenshots from the Shah Commission Report:

During the 21 months of Emergency from 1975-1977, 34,988 people were arrested under MISA and 75,818 people were arrested under DISIR (Defence of India Act). It is said that there was not much of a repercussion in Tamil Nadu under the DMK regime after the Emergency was declared in June 1975. MK Stalin even had his wedding in August of that year, right amid the Emergency. There are contradictory reports that the then President Fakhruddin Ali Ahmed had himself blessed the newlyweds in person while some other reports suggest that he was not present at the wedding ceremony but sent his best wishes. 

However, things are said to have changed after the DMK government was dissolved on 31 January 1976, two months before the next elections could have been held. However, since the country was in an Emergency, elections could not be held in a free and fair manner, President Fakhruddin Ali Ahmed called for the government’s dissolution, and subsequently, President’s rule was implemented. 

Now, were MK Stalin and other DMK members arrested for protesting this dissolution, or were they arrested under MISA for opposing the Emergency is indeed a big mystery. 

Here is a break-up of the detentions under MISA in Tamil Nadu:

Now as we scroll through the Shah Commission Report, we also come across this:

This point indicates that there were arrests under MISA but not necessarily for violating the terms and conditions of the Act.

Not only do RTIs turn up with no evidence, but the Report also does not mention Stalin’s name anywhere. While Stalin has and continues to make use of every opportunity to highlight his arrest, until the time he furnishes his detention copy, questions will continue to be raised about whether he was detained for protesting the Emergency or for an altogether different reason that lends credence to the rumours on the streets and the infamous Wikileaks cable (Para 5). 

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“Bombed 6 Muslim Countries”: FM Nirmala Sitharaman Hits Back At Barack Hussain Obama

By
The Commune
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Union Finance Minister Nirmala Sitharaman lashed out former US President Barack Hussain Obama over his incendiary remarks about the treatment of minorities in India.

Obama had said ““The protection of Muslim minorities in a majority Hindu India … “Part of my argument would be that if you do not protect the rights of ethnic minorities in India, then there is a strong possibility India at some point starts pulling apart. And we’ve seen what happens when you start getting those kinds of large internal conflicts,”.

However, Indians including senior Ministers of the Government of India did not take Barack Hussain Obama’s comments lying down and have been vocally calling out the former US President calling it unwarranted and have been pointing out his hypocrisy at the same time.

Union Finance Minister Nirmala Sitharaman questioned former US President Barack Obama’s comments on Indian Muslims, pointing out the bombings carried out in six Muslim-majority nations during his presidency.

“I was shocked. When PM Modi was campaigning in the US – and by campaigning I mean speaking about India – a former President of the US is speaking about Indian Muslims. And I am saying this with restraint because it involves another country. We want friendship with the US but there too we get comments about religious tolerance in India from USCIRF, the President says something. A former President – under whose rule six Muslim-majority countries were bombed. From Syria to Yemen to Saudi, to Iraq – didn’t they bomb? War-like situation developed in more than 7 countries. More than 26,000 bombs were dropped. How will people trust his allegations?” she said.

She highlighted the recognition received by PM Modi from countries with Muslim-majority populations and the Prime Minister recently received the Order of the Nile (Egypt’s highest honour).

Earlier, Assam Chief Minister Himanta Biswa Sarma, criticized Barack Hussain Obama for his comments, while responding to a journalist saying “There are many Hussain Obama in India itself. We should prioritize taking care of them before considering going to Washington. The Assam police will act according to our own priorities.”

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DMK Goons Attack Toll Plaza Employees In Vellore, Police Allegedly Failed To Act On Complaint

By
The Commune
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In a concerning incident that unfolded at a toll plaza in Vallam, Vellore, a complaint has been filed against a prominent DMK leader for allegedly refusing to pay the toll fee and subsequently instigating an attack on toll plaza employees. What has added fuel to the fire is the alleged inaction by the police in addressing the issue promptly.

The incident occurred when DMK cadre member Manimaaran, hailing from the Anaicut region, attempted to pass through the two-wheeler section of the toll plaza with his car. However, the tollgate workers rightly stopped his vehicle and requested payment for the toll fee. In a startling turn of events, Manimaaran vehemently refused to pay and engaged in a heated argument with the toll plaza employees.

The situation quickly escalated as the DMK supporters accompanying Manimaaran allegedly joined in and attacked the toll plaza workers, leading to a violent altercation. The ensuing brawl caused significant disruption and chaos at the toll plaza. Disturbingly, during the scuffle, three tollgate workers, including a woman, sustained injuries.

In response to the altercation and armed with CCTV footage capturing the incident, the toll plaza workers promptly lodged a complaint against Manimaaran at the local police station. However, to the dismay of many, the police allegedly failed to take immediate action against the DMK cadre member. Instead, reports suggest that the authorities attempted to reconcile the conflicting parties, further exacerbating concerns over the handling of the situation.

Questions regarding the impartiality and efficiency of the police force have come to the forefront, casting a shadow on the incident and raising concerns about potential political influence during DMK rule.

On the other hand, the police have arrested BJP supporter Uma Gargi on another case for her social media posts.

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Video Of Christian Missionary Augustine Jebakumar’s Verbal Attack On Indian PM Modi Surfaces

By
The Commune
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An undated video (probably from 2014) circulating on the internet has shed light on a Christian missionary gathering that took place, featuring a pastor delivering a scathing speech against the Indian Prime Minister Narendra Modi and disseminating misleading information about the Make in India initiative.

The Christian missionary named Bro. Augustine Jebakumar, can be seen addressing the crowd with fervor, aiming to sway public opinion.

During the speech, the man vehemently asserts that the public should seek information about the Prime Minister from alternative sources, suggesting that the media is entirely under his control.

Casting doubt on the Prime Minister’s credibility, the speaker points out a seemingly contradictory action: Prime Minister Narendra Modi’s 2014 visit to Australia, where he addressed the Australian Parliament in English. The man expresses pride in witnessing his Prime Minister speaking in a foreign land, but soon redirects his attention to the people accompanying PM Modi on the trip, particularly highlighting the presence of Gautam Adani.

Jebakumar alleges that Modi’s connection with Adani played a pivotal role in the transfer of Australian mines to the businessman’s control. He claims that when Australia faced a crisis regarding mining jobs, wherein 8,000 workers lost their livelihoods due to their alleged incompetence in mine operations, Modi sought Adani’s expertise. He alleged that the Prime Minister allegedly facilitated the handover of the Australian mines to Adani, effectively transferring a staggering sum of one billion dollars (equivalent to approximately 6,000 crores in Indian currency) to the tycoon for running the operations.

Many on social media pointed out that a political talk at a religious gathering is problematic. They pointed out that this is how Christians and Muslims (through their Jamaats) are instigated against Prime Minister Modi.

https://twitter.com/savithrikailash/status/1672508912799748099

In another instance a few years ago, he had targeted Prime Minister Narendra Modi over his marriage with Jashodaben Modi.

“Go ask the Prime Minister of this country. Sir, you says Clean India but you haven’t cleaned your house. Your wife is asking and searching for you. You keep her at your house, you don’t have to live with her. Don’t touch. Live with her like a sister! (laughs emphatically). Narendra Modi sir, live with your wife like a sister. Adopt two kids. If Narendra Modi adopts kids, 1 crore BJP cadres will adopt thereby eliminating orphanages.”, Augustine Jebakumar says adding that according to Bible a man who doesn’t live with his wife is ineligible to lead a prayer meeting let alone leading a country.

“Just keep her with you inside your house. You don’t have to touch her. Don’t drink the coffee she makes. But keep her with you. Atleast allow us to see her.”, Augustine Jebakumar says.

Pastor Jebakumar had earlier ridiculed the Indian Army and justified the killing of former Indian Prime Minister Rajiv Gandhi.

Other Instances Of Christian Pastors Inciting Hatred Against PM Modi

A fanatic christian missionary priest named “Pastor” Kuntam Edward Williams made a fear-mongering New Year speech, predicting a “Christian genocide” in India in the year 2023 at the behest of the Indian government and Prime Minister Modi.

Mohan C Lazarus, a Christian fundamentalist known for his hate speech against Hindus and Hindu faith that Jesus has sent Yogi Adityanath to create rift within the BJP and emerge as enemy to Prime Minister Narendra Modi.

Videos of him were circulated widely where he was seen praying for the BJP’s defeat in 5 states elections.

Christian pastor George Ponnaiah who Congress leader Rahul Gandhi had met during Bharat Jodo Yatra, slandered Bharat Mata, Prime Minister Modi, and Home Minister Amit Shah, as well as went on a anti-Hindu rant. Ponnaiah had said that Modi-Shah will die a horrible death with dogs and worms eating their bodies.

Rabid Christian evangelist pastor Bishop Ezra Sargunam, who shares close ties with the DMK and is known for his hate speech against Hindus had while participating in a protest said “Can’t you live with your wife after marriage even for a week?! What merits do you have to rule this country? This fake man.. We will be facing difficulties like these until this Modi is removed. He doesn’t know any difficulties. Only if he had raised children would he know the difficulties! We don’t even know with whom he lived! We are now stuck with him. Let us all pray to destroy him.”

Suresh Kumar, the Chief Functionary of Christian missionary NGO Harvest India made an incendiary speech at a missionary conference in USA saying “Prime Minister Modi is a bad guy, he doesn’t want any Christians in India.”

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Perur Adheenam Inaugurates ‘Noyyal Safety Awareness’ Rath Yatra From Adiyogi

By
The Commune
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​​​Thavathiru Perur Adheenam Santhalinga Maruthachala Adigalar today (June 23) launched an awareness Ratha Yatra to protect the Noyyal river from Adiyogi in Isha. The river is the main water source of the Kongu region. 

​​​A large number of spiritual leaders and sannyasis including Madurai Atheenam, Thuzavoor Atheenam, Patharagudi Atheenam, Tiruppadaripuliyar Atheenam, Kongu Mandal Jeer joined the celebrations marking the beginning of the auspicious activity. Akila Bharatiya Sannyasis Sangam organized the celebration at Isha. It began with the Valli Kummi dance performed by hundreds of villagers followed by Kolattam dance by students of Isha Samskriti. 

Speaking on the occasion, Perur Atheenam said, “Noyyal River, a tributary of Kaveri River, originates at the foot of Velliangiri Hill known as South Kailash and merges with Kaveri in Karur district. Noyyal is a river that adds wealth to four districts.​ Hundreds of years ago, 38 dams were built across the river, enriching the region with numerous ponds. However, the condition of Noyyal river is very bad now. The river is heavily polluted.”

“In order to restore it, Akila Bharatiya Sannyasi Sangam is going to organize a festival called ‘Noyyal Peruvizha’ from August 25 to August 31 in Perur. Before that, we have started a Ratha Yatra today from Adiyogi in Isha to create awareness about this,” he shared. 

​​​Madurai Atheenam said, “There is not enough awareness among the people about cleanliness. This Noyal Ratha Yatra will help to increase that awareness and promote the culture of treating rivers as sacred,” he said.

The spiritual leaders also visited the different consecrated spaces in Isha including Dhyanalinga, Linga Bhairavi and Theerthakunds. Speaking about his experience of these spaces Madurai Atheenam remarked, “Visiting Isha is a great virtue.” 

​​​Swami Srimukha, Coordinator of Isha’s Save Soil movement, said, “It is very necessary for farmers to switch to a tree-based farming system to increase the water supply of Noyyal river. There are about 12 lakh agricultural lands in the Noyal watershed area. ​​​If 100 trees are planted in one acre, 12 crore trees can be planted. We are planning to plant 12 lakh saplings this year and 2 crore saplings in the next 5 years in agricultural lands in the Noyyal watershed area through the Cauvery Calling Movement.”

The initiative comes against the backdrop of Thiru Shanmuga Sundaram, Pollachi MP.  Various organizations including Isha’s Cauvery Calling Movement; Velliangiri Uzhavan Farmer Producers Organization, Siruthuli; and Coimbatore Ponds Protection Movement are working in collaboration with the Tamil Nadu government.

The main objectives of the project are to ensure permanent water supply in the Noyyal river, to keep the river clean without sewage, and to prevent the accumulation of plastic waste.​ Implementation of this project in the Noyyal river, which travels for a distance of about 180 km, has been allotted to different NGOs for each specific km. ​​Accordingly, Isha has been assigned the first 4 km for Isha.

It is noteworthy that before the start of this project, the Cauvery Calling Movement distributed free saplings and enabled the planting of 2 lakh trees by the farmers in the region.

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Tamil Nadu BJP Supporter Uma Garghi Arrested Again, Sent To Puzhal Prison In Chennai

By
The Commune
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In a distressing turn of events, Uma Garghi, a Bharatiya Janata Party (BJP) supporter and social media influencer, has once again been arrested by the Tamil Nadu police. This latest arrest comes in the wake of an earlier detention by the Coimbatore police on June 20, which many view as an attempt to stifle freedom of speech and silence dissenting voices.

The Coimbatore City Cyber Crime Police took action on Tuesday (20 June 2023), arresting Uma Garghi on allegations of sharing defamatory posts targeting Tamil Nadu Chief Minister MK Stalin, former CM M Karunanidhi, and Dravidian movement leader EV Ramasamy.

The arrest was instigated by a complaint filed by the coordinator of the Dravida Munnetra Kazhagam (DMK) Information Technology (IT) wing in the Coimbatore district, further fueling concerns over the government’s growing interference in the exercise of freedom of expression.

Uma Garghi has been charged under the stringent Section 505 (1)(c) of the Indian Penal Code (IPC), which criminalizes the dissemination of statements or reports that incite enmity or hatred among different communities based on factors such as race, religion, caste, or other identities.

The alleged defamatory comments made by Garghi revolved around accusations against former CM Karunanidhi, claiming that he had received a substantial sum of ₹200 crore as “commission” from a Hyderabad-based company in relation to the establishment of a Special Economic Zone (SEZ) in Nanguneri, Tirunelveli district.

However, in a worrisome development that reeks of intimidating tactics, Uma Garghi was arrested once again by the Chennai police today (June 24), just as she was poised to secure bail in her previous case. This move is seen by many as an orchestrated attempt by the DMK government to prolong her detention. She has now been re-arrested under a new case, numbered 113/2023, registered in Chennai on the 18th, and has been sent to Puzhal Jail in Chennai.

The BJP Tamil Nadu Industrial Cell Vice President Selva Kumar vehemently condemned the arrest, stating, “Uma was produced in court in Coimbatore yesterday for Case No: 58/2023 filed against her, and she was set to be released on bail on Monday. However, she was re-arrested under case number: 113/2023, registered on the 18th in Chennai and sent to Puzhal Jail. Reports indicate that a 15-member special force had been waiting in Coimbatore for several days to effect her arrest. The Dravidian Model Government is misusing Section 66F of the Information Technology Act (Cyber Terrorism) to target social media posts, while real terrorists in Coimbatore are allowed to go free by the police. The growth of the BJP is a result of the sacrifices made by its countless supporters, and we will never succumb to intimidation or false charges. We will wage a legal battle in Chennai to bring our sister back.”

The arrest and subsequent re-arrest of Uma Garghi have raised serious concerns about the state of free speech and the suppression of dissenting voices in Tamil Nadu.

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“Burnt Her Skin, Made Her Drink Urine”: Shocking Details About The Wire Columnist Arrested For Torturing And Killing His Own Communist Mother

By
The Commune
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Feature Image Credits: newstown.in

In a shocking incident, Saroj Kamble, a Satyashodak Communist Party leader from Maharashtra, passed away on 5 June 2023, at her residence in Dhule city allegedly after her own son physically tortured and tormented her.

Saroj Kamble, who used to work at Punjab National Bank, lived with her husband, Ranjit Pardeshi, and their son, Inayat Pardeshi. Both Saroj and Ranjit had retired five years ago, with Ranjit being bedridden due to health problems.

Inayat, their son and a communist writer known for his contributions to various leftist publications, including The Indie Journal and the now-defunct The Wire Marathi, allegedly played a role in his mother’s untimely demise.

Apparently, Inayat grew suspicious of Saroj’s intentions to remarry and became concerned about his inheritance. This led him to harass and assault his mother, ultimately resulting in her death.

After Saroj and Ranjit retired, Inayat took responsibility for caring for them, as their pensions sustained the household. However, when Inayat discovered that he wouldn’t inherit their property, he confronted his mother, who refused his demands. Frustrated, Inayat intensified his harassment, leading Saroj to seek refuge with her sister in Kalyan. Unfortunately, Inayat followed her there and continued his torment. Eventually, Saroj returned home, where Inayat subjected her to further abuse, physically assaulting her and inflicting severe injuries.

Investigations revealed that Saroj Kamble’s death was not natural, and Inayat was accused of torturing her until she succumbed. On 17 June 2023, a case of culpable homicide not amounting to murder was registered against Inayat Pardeshi by the Azad Nagar police in Dhule City. The complaint was lodged by Sudha Katkar, Saroj’s sister, who stated that Inayat repeatedly beat his mother, knowing the consequences it could have on her frail health.

Inayat initially attempted to pass off his mother’s death as natural and rushed the funeral proceedings. However, suspicious activists alerted the police, who insisted on conducting a post-mortem examination. Inayat opposed this, but the authorities proceeded with the examination, the results of which have not been made public.

Disturbing reports indicate that Inayat would subject his mother to further cruelty, such as burning her skin with heated utensils and forcing her to consume his bedridden father’s urine.

Efforts were made to locate and apprehend Inayat, with two police teams dispatched to Nashik and Malegaon. However, he managed to evade capture until he surrendered at the Azad Nagar police station in Dhule on 21 June 2023. Following his arrest, Inayat underwent medical examination and other necessary procedures before being presented in court.

While Prof Ranjit Pardeshi, Saroj’s husband, is critically ill and receiving treatment in Nashik as of 22 June 2023, Inayat had left Dhule on June 14 with his father to avoid potential arrest. His whereabouts remained unknown until it was discovered that he had sought refuge with his paternal uncle.

In several photographs on his Facebook account, he expressed his affection for his mother, describing her as his heaven.

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Another Alleged Custodial Death In DMK-Ruled TN, Actor Suriya And Other Virtue Signallers Missing

By
The Commune
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In yet another instance, the Tamil Nadu police are facing criticism and mounting questions after the death of a 26-year-old Scheduled Caste (Pallar community) youth, Thangasamy, who was in the custody of the Puliyangudi police in Tenkasi district. Thangasamy had been arrested for his alleged involvement in the illegal supply of liquor.

According to reports, Thangasamy was remanded in judicial custody, but he complained of uneasiness, prompting authorities to transfer him to Tirunelveli Medical College. However, his condition deteriorated, and he subsequently passed away. The circumstances surrounding his death have raised concerns and sparked an outcry.

Adding to the controversy, M. Easwaran, the brother of Thangasamy, has filed a petition with the Deputy Inspector General (DIG) of Tirunelveli Range. The petitioner claimed that Thangasamy had seven irregular reddish-brown abrasions on his body when he died in Palayamkottai Central Prison. So far, the police have not made any official statements regarding the incident.

What Happened To Thangasamy?

According to the Easwaran, Thangasamy who works as a construction worker left home on 11 June 2023 for work but didn’t return. They apparently thought that he must have gone out of station for work and would return the next day but he didn’t return. The worried family inquired about his whereabouts at his work place and co-workers but in vain.

“On 14 June 2023 at around 5 30 PM, the Puliyangudi Police Inspector Balakrishnan inquired our village head Palraj about my brother and informed him that he has died in Palayamkottai prison.”, Easwaran wrote in his petition.

After that they went to the Puliyangudi police station where they came to know that Thangasamy was arrested on 11 June 2023 when he came to the Puliyangudi police station to take his two-wheeler and was apparently sent to Palayankottai jail that night. They were told that he died at the Palayamkottai jail on 14 June 2023 and that the body was kept in Tirunelveli Government Medical College and Hospital. A case of suspicious death was registered at the Perumalpuram police station (Case No. 255/2023).

On 15 June 2023, at around 9:45 AM, Easwaran and other relatives namely – Ganesan, Sivaraj, Karuppasamy, Amirtharaj, – went to mortuary and saw the body. They noticed bruises and injuries on Thangasamy’s body and had recorded visuals of the same in their phones. When they were at the mortuary, the Tirunelveli Judicial Magistrate Thriveni had come to whom they conveyed about the injuries. However, Palayamkottai police sub-inspector Sathishkumar allegedly snatched their phones and deleted the visuals taken of Thangasamy’s body which led to concerns of foulplay in Thangasamy’s death.

Easwaran later moved the Madurai Bench of the Madras High Court asking for a videographing the postmortem of his brother’s body and give him a copy of the postmortem report along with the video recording which the court had also ordered to do. However, only the post-mortem report was given and not the video recording. They were told that the video was taken by the police to be submitted to the judicial magistrate. But when Easwaran and other relatives went to the judicial magistrate office, they were told that they haven’t received it. Easwaran in his petition to the the DIG has said that this is contempt of court and asked for the postmortem video to be handed over to them.

The post-mortem report notes that Thangasamy’s body had 7 irregular reddish brown abrasions that occurred 3-4 days before his death which coincides with his police custody period.

“It is crystal clear that my brother died of custodial torture.”, Easwaran alleged in his letter.

He has pressed slapping murder charges against police officials in Puliyangkudi Police Station and Palayamkottain jail officials and booking them under SC/ST Prevention of Atrocities Act.

He has also asked for a thorough judicial enquiry into his brother’s death and appropriate compensation along with a government job considering the family’s economic conditions.

In response, the Tenkasi district administration has reportedly taken steps to hold a discussion with Thangasamy’s family members, advising them to collect his body from Tirunelveli Medical College Hospital. The body was later collected on

Tenkasi Collector Durai Ravichandran, Sankarankovil MLA E Raja, and Vasudevanallur MLA Sathan Thirumalaikumar have conducted a talk with the victim’s mother. They have assured the family that based on the results of the viscera examination, legal aid will be provided. Additionally, the state government and the DMK (Dravida Munnetra Kazhagam) district unit have pledged compensation of ₹3 lakh and ₹2 lakh, respectively, to Thangasamy’s family. Moreover, Thangasamy’s brother, Eswaran, will be offered a temporary job in the Puliyangudi municipality.

Opposition Condemns

The AIADMK (All India Anna Dravida Munnetra Kazhagam) party has condemned the alleged custodial torture and death of Thangasamy. They have demanded a thorough investigation into the matter.

Edappadi K Palaniswami said that while CM Stalin is busy touring the country with the dream of becoming Prime Minister, there has been a rising a police excess which comes under his control.

“The postmortem report had revealed injuries on his body. I heard Tenkasi district has 69 TASMAC outlets and only 13 of them have a license. Rest of the outlets, including three in Puliyangudi, are running bars illegally. Meanwhile, Thangasamy had been arrested with the charge of selling liquor bottles along with an elderly woman,”, AIADMK leader Palaniswami wrote in his statement.

 

BJP Tamil Nadu state functionary Ananthan Ayyasamy who hails from the Tenkasi district raised concerns about the state of law and order in the region.

He alleged that there is a break-down of law order and public safety in Tenkasi district pointing out that two back-to-back murders happened in broad daylight. M Rajesh, a 27-year old youth was brutally murdered by unidentified miscreants near Sengottai in Tenkasi district on Wednesday (14 June 2023). A watchman at a private garden near Kadayanallur was hacked to death.

In a recent interview with a YouTube channel, political commentator ‘Savukku’ Shankar raised concerns about the case. He questioned the arrest itself, citing the FIR, which stated, “As there is no individual witness, we ourselves signed the witness paper while seizing the illegal liquor bottles.” Shankar suggested that the case may have ulterior motives and criticized the lack of evident actions taken by DGP Sylendra Babu.

Savukku Shankar, raised further allegations regarding the custodial death of Thangasamy. Shankar claimed that while the FIR states that Thangasamy was held in custody at the Puliyangudi police station, he was actually brutally attacked at the Shokkampatti police station. He also drew a connection between this incident and the lack of action taken against ASP Balveer Singh, who was involved of pulling out the teeth of over 10 persons and crushing the testicles of two in police custody. The accusations against Singh were levelled by many men who were brought to Ambasamudram, Kallidaikurichi and Vikramasingapuram police stations in Tirunelveli for inquiries.

According to the FIR filed by the Perumalpuram police station, it stated that Thangasamy complained of uneasiness, difficulty in breathing, and gasping before his death on the way to the hospital. The police allegedly informed the family about his death. However, Shankar questioned why Thangasamy’s family was not immediately informed after his arrest. He also raised concerns about the role of the prison administration, questioning whether they had examined the accused, Madasamy, before admitting him to the prison.

Shankar further criticized Chief Minister MK Stalin, who had previously highlighted the custodial deaths of Bennix and Jeyaraj, for not speaking out about the custodial death of Thangasamy. He highlighted that Thangasamy’s family refused to claim his body for eight days, seeking justice for their son.

As the incident continues to attract attention and criticism, there is a growing demand for a thorough investigation into Thangasamy’s death and accountability for any potential misconduct or custodial torture by the police.

However, this is not the first case of custodial torture that has happened under the watch of MK Stalin-led DMK government.

Cases Of Police Brutality In DMK Govt

Rajasekar, a 33-year-old resident of Munthiri Thoppu in Tiruvallur district was brought to the P6 Kodungaiyur police station on 11 June 2022 for an inquiry regarding two burglary cases but was brought dead to the Government Stanley Medical College Hospital on 12 June 2023.

In another case in Nagapattinam district, a 44-year-old man named Siva Subramanian working at a cycle repair shop died in judicial custody.

Vignesh (25), a Scheduled Caste youth who used to offer horse rides at the Chennai’s Marina Beach and Suresh (28), a construction worker, were reportedly apprehended for possession of ganja and liquor. They were pinned down and later brought to the G5 Secretariat Colony police station. Vignesh later developed health complications. He started vomitting and had seizures. He was rushed to the hospital where he was declared brought dead.

In June 2021, a fruit stall owner named Murugesan died after being thrashed by police at the Pappanaickenpatti check post under the Yethapur police station limits in Tamil Nadu’s Salem district.

In December 2021, a 67-yr-old man died after he was released from police custody in Villupuram.

More such cases can be found here in this article.

Stoic Silence Of Virtue Signallers

Despite these back-to-back incidents of police brutality, the virtue-signallers of Kollywood who consider themselves to be champions of justice have maintained stoic silence.

‘Superstar’ Rajinikanth, who relased a picture of his ‘angry face’ expressing shock over the incident and calling for all the officials to be severely punished, has gone on mute to shoot for his next film with Sun Pictures.

Full-time actor and part-time politician Kamal Haasan who demanded action against the police, judiciary, doctors involved in the Sathankulam incident is today missing in action.

Actor Suriya who had made a film on custodial torture titled Jai Bhim, and had issued a ‘strong statement’ against the custodial death of Jayaraj and Bennix stands with his mouth zipped.

Director Vetrimaaran who had made a film on custodial torture and had tweeted supporting justice for Jeyaraj and Bennix hasn’t uttered a word.

Remember the viral video of ‘Radio Mirchi’ Suchitra, explaining in graphic detail about the Sathankulam incident where two men named Jayaraj and Bennix allegedly died of police torture?

Well, she is no where to be seen now.

This dead silence and selective outrage from these ‘celebrities’ and Dravidian Stockist media are now being called out for their opportunism.

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“Hw s my chest”: ‘Galatta’ Vishan Accused Of Hiding Marital Status From Woman Fan, Self-styled Eco Activist Piyush Manush Reveals Chats

By
The Commune
-

In a shocking turn of events, the Dravidian Stockist community finds itself embroiled in a bitter feud between two prominent leftist Dravidian Stocks. Piyush Manush, who claims himself to be an Environmental Activist, has come forward with serious allegations against another Dravidian Stockist journalist Vishan, accusing him of hiding his marital status, deceiving his female colleagues, and engaging in explicit sexual conversations with them.

The controversy erupted when Piyush Manush, a vocal supporter of the DMK party who poses as an environmentalist, took to Facebook to share a distressing account relayed to him by a young woman from outside India.

According to Piyush’s post, the woman had fallen deeply in love with Vishan V considering him her hero. She allegedly went as far as sending him an expensive gift worth ₹45,000. However, her perception of Vishan was shattered when she discovered that he had a wife and daughter, despite initially claiming to be “pure single.”

Even when it was later revealed in an interview that Vishan was divorced, the young woman did not “lose love for him”. Piyush expressed his dismay at the deception, asserting that while entering and ending relationships is a personal matter, concealing one’s marital status and seeking ‘romance’ is completely unacceptable. Piyush accompanied his post with a few attached chat screenshots to substantiate his claims.

 

In the leaked personal chats between Vishan and the woman, brought to light by Piyush Manush, Vishan is seen actively hiding his marital status and expressing a desire for a “romantic relationship” while shunning the prospect of love or marriage.

One chat reveals Vishan seeking validation on his physical appearance, asking a woman about his chest. Another instance captures Vishan asking a woman to engage in a video call, which she declines.

Since the release of the chat screenshots on social media, they have quickly gone viral, intensifying the controversy surrounding the Dravidian Stockist journalist. However, to the surprise of many, Vishan confirmed the authenticity of the conversations on his Twitter account and even expressed anticipation for additional screenshots depicting explicit content with other women. He stated that he and his family eagerly await the forthcoming revelations.

https://twitter.com/ThamizhVishan/status/1672320913470279680?s=20

The revelations have elicited a strong response from social media users, who have condemned Vishan for his alleged predatory behavior, accusations of marital deception, and solicitation of other women. Some users argued that Vishan’s actions mirror those of his ideological leader, EV Ramasamy Naicker (hailed as Periyar by his followers), who openly claimed to be a womanizer during his youth.

Vishan V or popularly known as ‘Galatta’ Vishan rose to prominence in the Tamil YouTube space after his stint with Galatta YouTube channel where he interviewed popular political figures and media personalities. He had earlier worked with IBC Tamil and other media channels like Manam, Velicham TV (a channel owned by Thol. Thirumavalavan’s VCK) Parivu Magazine, etc.

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