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A group of people protesting the nationwide crackdown on human rights activists were picked up and arrested at Liberty chowrasta near the Ambedkar statue in Hyderabad around 11am on August 29. The protesters were not even allowed to stand near the Ambedkar statue and were arrested and detained by Hyderabad police. Some bystanders were also picked up and nearly 5 vans full of people have been dragged and taken away. Nearly 250 police personnel have been deployed in the vicinity. Protesters, however, continue to gather around the area.

dissent is patriotic

The protests were organised in connection with the August 28 raids against on human rights activists, lawyers, journalists, teachers and cultural activists and trade unionists. Pune police conducted raids on the houses of Varavara Rao, poet and renowned activist, Sudha Bharadwaj a well known civil rights activist and lawyer who has been working and organising labourers in Chhattisgarh, Vernon Gonsalves and Arun Ferreira, Mumbai based activists who have repeatedly expressed dissent against the State and Gautam Navlakha, also a civil rights activist and journalist who has extensively written about the Human Rights violations in the State of Jammu and Kashmir. They were arrested for allegedly having ‘Maoist’ links and being connected with the Elgaar Parishad. Right-wing Twitter trolls have been quick to brand them ‘Urban Maoists’.

The arrested have been booked under the draconian Unlawful Activities Prevention Act (UAPA) and 3 of the 5 arrested are expected to be presented in court today.

Apart from this Father Stan Swamy, who has been organising Adivasis in Khunti, Jharkhand has also had to experience the wrath of the Pune Police who presented him with a warrant written in Marathi. Interestingly, Swamy had nothing to do with the Elgaar Parishad!

It is clear that the State is hell-bent on stifling voices of dissent that threaten their electoral power. This witch-hunt is a clear threat to a Democracy and the Constitutional Principles of Freedom to dissent.

Human rights defenders and activists have expressed their solidarity and concerns over the State's unprecedented attack on these activists. Protests meetings and conferences have been organised in various parts of the country.

Originally published here.

Background- Cantonments & Military Stations in India

Cantonments derive their name from Swiss Cantons, or districts and were set up by the British in India for entirely different reasons. When the British troops arrived in India, they fell sick very often due to malaria, dysentery and other infectious and waterborne diseases. These diseases also took a toll on Indian troops. Thus it was decided to create Army cantonments well away from cities, often in the wilderness, at the very outskirts of city limits. The additional advantage of such a move was that parades, training and marches with horse’s, mules etc would not inconvenience the local population. It also helped in keeping the native soldiers isolated from the local developments, thereby ensuring their apolitical character.

It is to the credit of the Army that these outlying areas where they were shunted away, became islands of excellence and oasis of greenery; the modern equivalent of smart cities. Today, they are the lungs and biodiversity havens of most cities.

The first cantonment was established in Barrackpore in 1765 and the last one created recently was Ajmer. There are a total of 62 cantonments, mostly in Central and Western Command. These are distinct from military stations which number about 2000 and are exclusive for the army. The current order on road opening thankfully does not apply to military stations.

The Army is fully considerate of the needs of the Nation and has not only allowed access to cantonments but also given away prime defence land for public good. The Delhi metro link from Dhaula Kuan in New Delhi going to the airport is entirely built on defence land given by the army. So is the Dwarka flyover coming to Palam and beyond. The new road to airport in Hyderabad and Chennai has been given access through defence land. Cantonments have also parted with hundreds of acres of land to expand airports in places like Gwalior and many more.

The imbroglio

While Cantonment roads leading to civilian areas have always been open to public, however, internal roads where military units, installations & HQ are located cannot be declared public roads & thrown open to everyone without ensuring mandatory security checks.

Military areas of Cantonments have been defined as Prohibited areas & are not under cCantonments Board

Administration of Defence Land in Military Cantonments is governed by the Cantonment Land Administration Rules (CLAR) 1937. These have been notified by Govt on the authority of powers conferred upon it underCantonments Act. Though the Cantonments Act 2006 has now replaced earlier Cantonments Act 1924, the CLAR have remained unchanged. Section 4 of CLAR defines Classification of Cantonment Lands. Class A & B Lands which are required for Military purposes are not vested with Cantonment Boards. Cantonment Boards are vested with Class C Lands which mainly comprise of civilian areas/ non-military areas. Hence, Cantonment Boards govern only those areas of Cantonment which are located on Class C Lands.

Classification of Cantonment lands as per CLA Rules 1937
Classification of Cantonment lands as per CLA Rules 1937

On the other hand, Class A & B Lands are governed by Military Authorities in accordance with provisions contained in Officials Secrets Act & Defence Services Regulations. As per Section 2(8)(a) of Official Secrets Act 1923, all Military areas/ establishments fall under the category of Prohibited places.

Prohibited place according to Official Secrets Act
Prohibited place according to Official Secrets Act

Trespassing/entering into Prohibited areas without valid Identity & Purpose is a criminal offence under Section 3 & 5 of Officials Secrets Act. It is punishable under CrPC, as clarified in Section 12 of OS Act.

Armed Forces are empowered under Officials Secrets Act 1923

Armed Forces personnel have been empowered under Sections 7& 8 of OS Act 1923 to implement the security provisions in Military areas as applicable to Prohibited areas. Interfering with members of Armed Forces while implementing provisions of Officials Secret Act is a punishable offence under Section 7 & 8 of said Act.

Procedure to be adopted for Security of Military areas/establishments/ installations

Procedure to be adopted by Armed Forces personnel for ensuring security of military areas/ installations has been prescribed by Govt in Paras 1160, 1161 & Appendix AD of Defence Services Regulations 1987 (Revised). Armed Forces are empowered to establish check posts, barriers etc & ascertain identity of visitors before allowing them entry into military areas of Cantonments. Relevant extracts from DSR are placed below.

Court Judgements upholding authority of Armed Forces over military areas of Cantonments

The legal validity of CLAR 1937, inapplicability of Cantonments Board Act 2006 over military areas, applicability of Officials Secrets Act 1923 over military areas & the applicability of authority of Armed Forces over military areas of Cantonments has been unambiguously upheld by a Bench of Andhra Pradesh High Court in its Judgement dated 26 September 2014. AP High Court had ruled on a collection of writ petitions and PILs against the closure of the 14 roads in Secunderabad Cantonment mentioned by the Defence Minister. Dismissing all the petitions, the Hon’ble High Court had ruled that these closures were valid and within defined powers of the Military authorities. On the other hand, it took cognisance of the fact that petitioners wanted to use these roads “for convenience or because of their better motorability”, a matter that “required immediate attention of the civilian authorities” who should “take expeditious steps to improve the alternate roads so that ordinary people are not subject to any inconvenience.” It further stated that “the army authorities have imposed restrictions in a phased manner and such decision cannot be held as one made in an arbitrary manner.” Since the Cantonment Act of 2006 is cited in above judgement, it is clear that the ruling did not consider any irregularity vis a vis the same. It’s on the strength of this Judgement that the 14 roads had been closed in Secunderabad despite orders by MoD.

Illegal settlements/ colonies/ structures adjacent to military installations

As per Section 7 of Works of Defence Act 1903, constructions are prohibited upto a specified distance from perimeter of notified Defence installations for security considerations. However, over the years, a huge number of illegal settlements/ structures have come up in notified areas. Though the Cantonments were originally set up away from habitation, these have now become prime locations due to growth of towns/ cities around them. Many of the illegal settlements/ structures belong to politically influential people. The case in point is ongoing construction of illegal structure on the land acquired by ruling Party leader in Nagrota in J&K next to ammunition dump, despite objections by Army.

Encroachment of Defence Land

Presently over 11,000 acres of Defence Land is under illegal encroachments. Total value of encroached land runs in thousands of crores of rupees. Most of these encroachers have links with political parties/ political personalities. State wise details of encroachments as informed to Parliament in August 2014 are given below:-

Illegal occupation/ conversion of Grand Old Bungalows (OGB)

There are 2724 OGBs whose lease period has already expired. The lease holders were barred from carrying out any additions/alterations/conversions. However, most of these have been converted into commercial establishments, hotels, including shopping malls. Most of these have changed many hands and are presently in the hands of influential political/ business personalities. Despite Hon’ble SC ruling in May 2014 clearing all legal hurdles for reclaiming all OGBs, officials with vested interests in Govt have not allowed taking over of these Bungalows till date. Resumption sanction has been accorded only in 660 cases, of which only 508 have been physically Resumed till date.

Loss of Revenue due to Non Renewal of Lease

There are number of Govt properties on Defence land which are on lease for commercial/ recreational/ residential purposes. The lease deed of these properties has not been renewed for decades deliberately by DGDE Officials. In addition, there are numerous properties which are without any lease agreement. All this has been resulting in huge annual revenue loss to Govt, running in thousands of crores. In Delhi alone, this loss amounts to hundreds of crores annually.

Who is Responsible for Encroachments, Loss of Revenue & Gross Mismanagement of Defence Land & Defence Properties

Over 99% of cases of encroachments, loss of revenue & mismanagement of Defence Land pertains to Class B/ C Lands. As per CLAR 1937 & Cantonments Board Act 2006, DG Defence Estates (DGDE) is responsible for management of these Lands/ properties. Encroachments & Mismanagement of Defence Lands has been well documented in annual CAG Reports. However, encroachments & mismanagement cases have only been increasing with each passing year. Relevant Extracts from CAG Reports are placed below.

How serious is the nexus between DGDE, MoD Officials & Encroachers

Unable to control encroachments, Controller General of Defence Accounts (CGDA) was tasked in 2010 to carry out a systems study & detailed analysis of management of Defence Lands. CGDA in its Report concluded that there is deep nexus between DGDE Officials and encroachers & that this nexus has become so entrenched that it is not possible to break free. It has resulted in systematic loot of Govt land. It found DGDE failing in all four of its functions- audit, accounting, acquisition & financial management. Hence, CGDA recommended for disbandment of DGDE & prosecution of its officials.

Events leading to current illegal orders by MoD

While CGDA recommended prosecution of DGDE officials & disbandment of DGDE in 2010, nothing actually happened on ground due to their nexus with MoD officials. As a result, encroachments kept increasing & Govt coffers kept bleeding of its revenue. In May 2014, Hon’ble SC delivered a historic judgement related to Old Grand Bungalows, paving way for Govt to reclaim all 2724 OGBs. The present occupants of these Bungalows include MPs, MLAs (from all parties), civil servants & prominent businessmen. In Sep 2014, Hon’ble High Court of Andhra Pradesh delivered another Judgement, clarifying that jurisdiction of Cantonment Board does not extent to military areas of Cantonments & that LMA is empowered to close roads in military areas. The Court directed State Govt to provide alternate roads to civil population. In the same year the issue of encroachment of Defence Land was raised in Parliament. In a written reply to Lok Sabha MP Poonam Mahajan in August 2014, then Defence Minister Arun Jaitley admitted that around 11,455 acres of defence land had been encroached. Following these reports, Common Cause, an NGO based out of Delhi, along with Centre for Public Interest Litigation (CPIL), filed a petition in the Supreme Court concerning the unauthorised use and encroachment of defence land. The petition alleged that “crass mismanagement of Defence lands is intrinsically linked to irregularities, illegalities and corruption”. The petition relied heavily on CAG reports, and is still sub judice. The last order passed by the Court was on August 25, 2017.

Hidden Agenda behind Opening of Internal Cantonment Roads

Instead of implementing the SC Judgement for reclaiming OGBs & AP High Court Judgement for creating alternate routes, the local MPs of Cantonment areas built an alliance of interest with local representatives of areas adjoining the 62 cantonments. This group seems to have started the whole discussion de novo once Ms Sitharaman was appointed the Defence Minister. She & her husband are known to own residential & commercial properties around Hyderabad-Secunderabad Cantonments.

The Local Military Authorities (LMAs) have been regularly raising these issues. The market value of encroached land & properties runs in hundreds of thousands of crores of rupees. However, corruption is so deep rooted in Defence Estates & MoD that, instead of implementing Court Judgements, these Officials by using their powerful nexus have now been able to force the Govt to give them overriding powers thereby making the LMAs irrelevant. Unrestricted opening of Cantonments roads is one such decision pushed by these Officials at the behest of encroachers & illegal occupiers of Defence land & Defence properties to facilitate their consolidation. National security considerations matter least to these looters of Govt land. This is likely to further facilitate encroachments & consolidation illegally occupied properties. See the details of parleys held by RM with these eople without involvement of Military Authorities.

Illegality of Orders by RM

The Orders by RM are in contravention to provisions of Official Secrets Act, Cantonments Act, CLAR & Defence Services Regulations. Not only do these instructions completely ignore the AP High Court Judgement of September 2014 and subsequent deliberations and the decision by her predecessor Mr Parrrikar, but also subsume the powers of the GOC-in-C to be the final authority for closing any roads as laid down in the Act of 2006. RM had repeatedly quoted provisions of Cantonments Act which are not applicable to military areas of Cantonments. The instructions by RM for unconditional opening of all Cantonment roads quoting inapplicable Section of Cantonments Act clearly amounts to contempt of court. These have far reaching adverse implications not only on Cantonment Security but also on attempts to control encroachment of Govt land. AF pers have been performing their bonafide military duty when controlling entry into military areas for last so many decades. Placing of of check posts/ barriers etc & ascertaining of identity of visitors is part of prescribed procedures.
The instructions by RM have been issued after consultations with DGDE officials, MoD Officials & local area representatives, who have vested interests in opening of Cantonment

Roads. Whether she was misled or she has been deliberately misleading the Nation remains to be seen.

Automated surveillance technology using drones to spot problematic human behavior in crowds is going to be tested at Technozion and Spring Spree festivals at NIT Warangal, reports the Verge. Lead researcher Amarjot Singh of the University of Cambridge claimed that their system has 94% accuracy at identifying violent poses. However, this accuracy drops with more people in the frame (like there would be at a festival), for example, to 79% with 10 people in the frame.

Police surveillance is growing without much scrutiny in recent years. The laws governing such surveillance have grey areas in which a lot of video surveillance technology currently operates. Reported applications include face recognition technology, behavior recognition, as in the case of the surveillance drones reported in The Verge, facial recognition and linking with police records, including tagging personal information with Aadhaar and sharing it across states.

An increasing number of cities have police using various kinds of surveillance databases to get better information on suspects and potential criminals in the city. These databases, where individual policemen can add the information of people to have some disturbing implications. There are several cities using Facial Recognition Softwares to assist policemen keep track of criminals.

Surveillance of everyone, not just criminals or suspects

There are several cities where CCTV camera networks scan everyone on the street and match their faces against a database of suspects and criminals. Here is a partial list:

  • In 2015, Surat became the first city in India to deploy real time surveillance through facial recognition systems when they implemented NEC India's FaceWatch in collaboration with Innovative Telecom & Softwares. The system uses live feeds from a growing network of CCTV cameras and can be used to monitor for crime in real time. It is capable of facial recognition as well as Automatic number plate recognition. Also, "It automatically matches faces against a database of 30,000 criminal mugshots and can alert the police immediately of anyone on a watchlist."By August, Surat had 604 cameras in 114 locations, covering 10% of the city with plans to add another 900 cameras in a year and bring the total to 2,500 in two years.
  • In 2015, Hyderabad police launched vehicle mounted CCTV cameras with a 360 degree view and ability to store footage for 15 days.
  • In 2016, Mumbai got 4,617 CCTV cameras hooked to the RTO control room and backed by 1000 vehicles fitted with GPS in order to coordinate with the control room were made operational with the objective of tackling law and order, fighting and preventing crime, regulating traffic and detecting traffic-related offences. These cameras are also capable of Automatic Number Plate Recognition as well as Facial Recognition. Additional Chief Secretary (Home) K P Bakshi told the Indian Express, "We can search for an individual all over the city. The cameras will identify the face of a wanted criminal. The camera will also pick out faces of persons roaming around continuously in one place. The nearest police van will then be alerted about the person’s location."
  • In 2016, 160 CCTV cameras were installed in Visakhapatanam as a part of a hi-tech surveillance network.
  • In 2016, in Vijaywada in Andhra Pradesh, NEC's Facial Recognition System was used to identify suspects and criminals at the Krishna Pushkaram religious event which sees around 50 million pilgrims attending to take a holy bath in the Krishna river.
  • In 2017, Jaipur police trialed a facial recognition system with cameras installed outside the Ganesh temple at Modi Doongri and controlled from the command and control centre called "Abhay". The FRS would scan the people before it and match them against a database of serial offenders and suspects.
  • In 2018, Cameras with Facial Recognition Technology are expected to be in use in local trains on the Central line in Mumbai, by the end of the year 2018, at a total cost of 276 crore. The cameras "will store facial details of commuters (for 10 days). The cameras with facial recognition software would help trace past movements of any offender on a local train and arrest the person when he travels next." A total of 11,160 cameras will be procured - 76 cameras for each rake, with at least 6 cameras in each coach of the rake.
  • In 2018, Hyderabad city police are matching the faces of everyone on the city's streets against a database of one lakh criminas, from the control room at the Facial Recognition Analytics unit at the Commissioner’s office at Basheerbagh. IT Cell incharge, K. Sreenath Reddy said that the local police are alerted only when the resemblance is more than 70 per cent.
  • Thiruvananthapuram police are using 233 cameras in their surveillance network of the city.
  • Paradip in Odisha is to get a CCTV surveillance camera network within a month.
  • Retired ACP Dhoble (of the hockey stick wielding moral police fame) is now in the process of getting a facial recognition software for the city and believes it needs to be created with the "help" of his son Kshitij, who specialized in Artificial Intelligence at Aukland University. An effort that initially began with a goal of tracing missing people has expanded its objective to "tracking criminals" as well. "Meanwhile, they began compiling the information of all 15,847 police stations in India and uploaded it on the site. One aspect of the site is uploading the information of these police and stations. The other is to spot child beggars, labourers and send it to the site."

Police database for use with mobile app -FaceTagr

This is a database of criminal records that can be used with a Facial Recognition Software (FaceTagr) installed on Android mobile phones of beat policemen and inspectors working in the field. When a policeman scans a suspect's face, the mobile app returns data of police cases filed and police station limits for the criminal the face matches with. Databases being expandable, the database has the potential to store the records of criminals across the country.

The application that was originally built by Vijay Gnanadesikan, CEO of Haliscape Business Solutions, to help rescue children by matching records of missing and found children, was first trialled for police use in Chennal

  • In 2017, FACETAGR was adopted by T Nagar police station of Chennai, beginning with a database of 12,000 criminals. An additional 40,000 suspects were added to the app to improve the chances of police identifying faces. The app used by policemen to "scan" suspects. Once a suspect is scanned, the app returns information about them.
  • In 2018, Chennai police will expand the use of FACETAGR to include interstate criminals as well by expanding the data used by the application to other Southern states. Currently the database has information on 67,000 criminals, including information sent by the Pudducherry Crime Records Bureau. It is awaiting data from Andhra Pradesh, Telangana, Kerala and Karnataka. The application is in use in 10 out of 12 police districts and is installed on the phones of beat constables. 18 inspectors, subinspecotrs and 150 beat police of Washermanpet were the latest to get the app, with "700 criminals in A, A plus, B and C categories".
  • Chittoor adopted the app in December 2017 with data of 10,000 sandalwood smugglers and 3,000 suspected criminals.
  • Pudducherry has also adopted the use of FACETAGR in March 2018

e-Petty

The e-Petty app is being used across Telangana state to book cases in minor crimes under Sections pertaining to IPC, City Police Act, Gaming Act/ COTPA Act 2003, Motor Vehicle Act and Town Nuisance Act. The app can record photographic and video evidence from the crime scene, photographs of suspects and generate an automatic chargesheet based on evidence. The app tracks previous cases of individuals as well and identify repeat violators because the app links profiles online with Aadhaar card numbers.

Hyderabad

Hyderabad is probably the most surveilled city in the country. The Integrated People Information Hub pulls data from dozens of sources to create profiles of individuals that include not just their own comprehensive information, but that of parents as well. It is a data hoarding machine gone rogue, where there appears to be no reason or reasonable suspicion required to put citizens under surveillance. The surveillance includes call records, social media, relatives and friends, utilities and more.

Questions raised

The use of aggregated databases and Artificial Intelligence  in large scale applications is new in India and the laws don't yet have necessary support as well as restrictions on implementation. There is no doubt that information is power and information on suspects and criminals empowers police to do their jobs better. The lack of development of proper laws, policies, protocols and facilities for the police to record and access information in a secure manner has led to the adoption of various technologies in an ad hoc manner with little overisght.

However, largescale use of such applications raise several and serious questions:

  • Is it constitutional to treat every person as a potential criminal? When all the people entering the range of a Facial Recognition enabled camera are scanned and matched against databases of criminals, it amounts to intrusive surveillance. India lacks a data protection law or a law defining the contours of privacy, however the recent robust arguments against surveillance and observations by judges in the Constitutional Challenge to Aadhaar are very clear that Indians do have a right to privacy and surveillance violates this right.
  • Data ownership: FaceTagr is owned by Haliscape Business Solutiosn Pvt Ltd of Chennai. NEC is a global organization. It is unclear who owns or protects the data on these databases and what restrictions exist against its misuse.
  • Data access: Cortica, a foreign AI company has formed a partnership with the Best Group to analyze CCTV footage from public cameras to predict crime. While technologically it may be a challenging goal, a foreign company with considerable ties to foreign intelligence has capabilities and access to individuals on Indian streets. The software is capable of using data from not just video cameras but satellite and drone footage as well and is capable of analyzing human behavior, including differentiating between nature of crowds - routine market corwd or a protest, etc.In the case of Mumbai, a company run by a software professional and a retired police official appears to have  access to information from all police stations in India and are proceeding to build a database! It is unclear how and why a software under development by private individuals has access to nationwide sensitive data.
  • A market of the gullible: The lack of proper evaluation or policies requiring specific standards has left the police of India a ripe target for companies selling surveillance products who may exploit the real need for collecting information or corrupt insiders to gain contracts. Many of the technologies described here have not been subjected to robust testing and have no published research about their quality. Some of the stories describe extensive installations that become defunct or are not of adequate quality to begin with, as in the case of Visakhapatanam, left with 3 working cameras out of 160 within 2 years of installation at massive public expense. Others describe extremely efficient systems, but ones that violate the rights of the citizens they are supposed to serve.This risks spending public funds for purposes and methods that may not be in public interest. There is an urgent need to consult with independent experts and digital rights law researchers and other professionals without conflict of interest to put together guidelines for data collection for surveillance, data destruction when its purpose is served, securing of that data to prevent misuse and policies on who should have access and a transparent process for granting such access.
  • Who is a criminal or suspect: It doesn't take a lot for police to consider someone a suspect and there is little oversight. There is no warrant or independent authority required to initiate surveillance against anyone. Such a database has the capacity to take the local prejudices of police across state lines and cause considerable harassment to individuals in all areas covered by such databases.
  • Utility: While there is obviously a need for police to monitor suspects in order to gather evidence, the legality and utility of randomly spotting them on the street is debatable. What is the utility of someone say.... suspected of having conducted a robbery... being spotted in another state - if it even is the same person?
  • Technological limitations: Such "identification" is inherently probabilistic and can be wrong. A good example would be the Welsh police wrongly identifying over two thousand people as potential criminals when they used Facial Recognition at the 2017 Champions League final in Cardiff in a crowd of 170,000 spectators. This has the potential to create a lot of harassment as well as waste police resources when applied to the far bigger numbers of people on the street in Indian cities.
  • Bypassing consent: A person suspected by the police and asked to come for questioning has rights. They can agree or refuse and the police cannot actually force them to say.... stand in a line up to be identified without any due process. Or they may wish to have a lawyer present when interacting with a policeman as a suspect. However, use of software such as this allows a beat constable to completely arbitrarily scan people who may not even realize that they are actually in a situation with the law where they may need to exert choices to protect their interests.
  • Human rights: As often happens when the state adopts technology, the advantages of the technology have been understood and promoted, but there appears to have been little consideration given to human rights implications of falsely accused individuals, potential for corruption through entering or removing entries on the database for bribes or blackmail, consequences of false positives to innocents and other potential fallout. There needs to be better consultation by the state when adopting such technologies with professionals (other than those providing the technology as a solution) to assess the wider impact beyond the immediate problem the technology aims to solve and mitigate the potential for harm.
  • Ability to maintain technology: Out of 160 cameras installed in Visakhapatanam 2016, 3 cameras were working in 2018. One of them being pointed to the ground, was useless.
  • Aggregated or discrete databases? It is not known whether the databases used to identify criminals through CCTV or the FaceTagr app or e-Petty are linked where they coexist. Aggregation of data across these databases has even more potential for the violation of rights of citizens.
  • Magnifying social prejudices: A simple statistical reality is that positives - whether real or false - will be higher among those who get scanned more. In a country where there is considerable documented evidence of prejudice against religious minorities or underprivileged castes, classes and communities, the use of such a software has the potential to magnify and endorse prejudices that cause their targeting. Take for example, reported cases of slums being raided and all the men in them being asked to identify themselves. The chances of these men being identified - correctly or falsely - will always be higher than say a person living in a gated society, where such raids are unheard of, simply because such faces will get scanned more often than those whose circumstances don't lend easily to such situations.
  • Use of Aadhaar for profiling: the e-Petty app used in Telangana is a clear use of Aadhaar for profiling - something the government has consistently denied in the Supreme Court.
  • Lack of appropriate digital security: Apart from the data being shared across state borders, or being hosted on private servers or foreign companies being given access to it - which are issues of policy to determine what is appropriate and what is not, there are outright failures of digital security, which result in unintended and unauthorized access to the very sensitive data being collected. Researcher Kodali, for example, had pointed out that the Hyderabad police were using a third party portal to record and geotag crime. The portal having very poor security for the purpose it was being used for, had allowed the indexing of crime reports by search engines for years, including the names of rape victims - which is not legal in India.
  • Lack of independent audit or testing: The systems used for both largescale CCTV surveillance as well as scanning individuals using a mobile app do not have information available on their accuracy. The lesser the accuracy, the more such systems will end up wasting police resources on chasing dead ends and causing harassing citizens.
  • A need for legislation: It is undeniable that the police need effective ways to access databases to find information on suspects and criminals on the fly. It is also inevitable that this will involve a certain degree of invasion of privacy in the interests of conducting investigations. However, this cannot simply be left to whatever software developers believe can be done or police wish to adopt. There needs to be a regulatory framework that will identify situations when such use is legitimate and protect citizens from arbitrarily being entered into databases as suspects. There should also be regulation of what information should remain local and what should be disseminated - a local suspected of robbery does not need to be found acorss state borders, but an absconding criminal found in the footage of a murder should be. There is also a need for legislation to remove names from the databases when the people are no longer suspects - for example cases people were suspected in get closed with others charged.

Further reading:

  • Research published by the Center on Privacy and Technology at Georgetown Law, "The Perpetual Line-Up" on the unregulated use of public surveillance by law enforcement and the risks.
  • Technological bias: While MediaNama was not able to find any research about FaceTagr specifically, "Face Recognition Performance: Role of Demographic Information" by the FBI about accuracy of Facial Recognition in various population demographics is an interesting read on the biases caused by how the system is "trained" to recognize faces.
  • Policy Paper on Surveillance in India by the Centre for Internet & Society

Dear Mr. Amitabh Bachchan and Mr.Aamir Khan

As an Indian, I feel absolutely elated that Indian Film superstars such as yourselves not only enjoy the adulation and demigod status with a humongous fan-following in our country but also across a country like China which seems so alien to our culture and ethos. But it just proves that talent can transcend all borders and language does not pose any kind of barrier.

It is but natural with your popularity growing exponentially across the globe; the large corporate and marketing gurus see great potential in investing in you as brand ambassadors, so that your charisma and popularity can rub off on their brands and boost the sales of their products.

I would like to bring to your attention certain facts behind Chinese products which celebrities endorse. A word of caution, you will find the facts revolting.

Did you know China’s economic power is the result of sending innocent people who have committed no crimes but do not follow the Party’s ideologies, to forced labour camps to serve as a large scale force of free slave labour? It is estimated that more than one crore people work in thousands of forced labour camps across China. This includes a big majority of 'political' prisoners.  China tops the world with more than 2,300 executions per year. Remember, every time you buy a product 'Made in China,' you are funding and empowering a brutal regime.

A lot of Chinese goods available in the Indian market are made by prisoners under appalling conditions in what the Chinese call ‘laogai’ or labour camps. They are deprived of sleep and have to slog away without food or breaks with their hands bleeding. The shocker is that they are killed on demand for their organs that are matched and sold to the highest bidder. It is a billion dollar industry supported by the state government. The victims are mostly Falun Dafa practitioners who practice an exercise and meditation practice that promotes good health with an emphasis on improving one’s moral character

Last year during Diwali there was a public service campaign calling for Boycotting Chinese goods. It is ironical that a popular Chinese mobile phone maker sold a record one million smart phones in India in 18 days during the Diwali festive season, despite calls for boycott of Chinese goods in the country.

We all know that in today’s world since a mobile phone is an extension of oneself, one is totally handicapped without a phone. But ignoring the sordid details of what goes on behind the making of the Made in China product would be as Gandhiji said   “An evil system never deserves such allegiance. Allegiance to it means partaking of the evil. A good person will resist an evil system with his or her soul.”

70 million people practicing Falun Dafa, a peaceful spiritual practice with exercise and meditation became the soft target and are being killed on demand to supply an ongoing illegal organ transplant industry. The Chinese government ex-chief Jiang Zemin not being able to come to terms with the popularity of Falun Dafa introduced by Master Li Hongzhi in 1992 with 70 million Chinese people practicing it banned it on 20 July 1999. Since then for 18 years Falun Dafa practitioners are systematically imprisoned, tortured and killed for their organs. Their bodies are often cremated so that there is no evidence left. (Read more at www.faluninfo.net)

Chinese doctors and hospital workers admitted in recorded phone calls from undercover investigators that they have live organs from healthy Falun Dafa practitioners in prisons, available for sale.

When all over the world, patients have to wait for years for organ transplants, in China you can get it in a week’s time. Hospital web sites in China till recently advertised short waiting times for organ transplants. Due to the increase of available organs for sale in China, many foreigners travel there for transplantation. 10,000 organs are transplanted in China every year, even though China has no effective national organ donation system.                                                                                                                     

I would  least like to put you in a dilemma where you can’t renege on your contracts which would cast a slur on your professionalism and integrity and neither can the Company summarily terminate the contract and suffer huge losses. What I think could be a benevolent solution is for you to make amends by making more people aware of these crimes against humanity. You can also at an opportune moment talk to the corporate decision makers or people who matter in the Chinese government to put an end to the persecution. Please do not misconstrue this as getting political. It is a moral issue- a human rights issue.

I respect your integrity and your exemplary sense of ethics, at the core of your being and it is demonstrated often when you have stood up for social causes and exposed many of society’s ills. A case in point is Aamir Khan’s ‘Satyamev Jayate’ TV serial.    

For your kind information Falun Dafa was introduced in India in the year 2000. It was officially registered in 2004 and since then the exercise and meditation practice has been introduced in schools and colleges across the length and breadth of India. Falun Dafa was well received by the Police academies in Delhi and Hyderabad. Falun Dafa adherents were invited by several large organizations to introduce it to their senior executives and interestingly Jail superintends too have requested to introduce the exercise and meditation practice to inmates.

It will be of special interest to you that in the Mumbai film industry there are many ‘behind the scene’ artistes such as hair stylists, make-up artists, Talent search agencies, photographers who have found strength in  Falun Dafa to overcome the stress of the glitz and glamour world.

Thank you for your patience and I look forward to some positive action from you.

Very truly yours

Suren Rao

President
Falun Dafa Association of India

surenrao9@unseen.is

11

The following is a first person account by Md Hasanujjaman, M Phil in English, University of Hyderabad of the brutality unleashed by the police against the students and faculty of University of Hyderabad.

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VC Apparao resumes office at the face of the report of the two-member fact finding committee that stated the university should have handled the incident more “sensitively” -

I am one of the arrested students in connection with the protest against the VC of UoH. I belong to a minority community of West Bengal. My family is financially backward. Here I would like to narrate the police brutality on me and my fellowvictims in police van on the way from UoH to Miyapur Police Station on 22nd March. Before coming to UoH I was naive about the problems in the society. I had no idea of the pathetic and dehumanized condition of the dalits and the adivasis. I was hardly aware of the dangerous consequences of caste system in the Indian society. But coming to UoH I began to understand the real picture of the caste system which leads to utter discrimination and dehumanization of the dalits. I saw that this caste system makes the lives of the dalits extremely miserable. Realizing my responsibility as an independent and right thinking citizen of this country I found that the caste system is a tool of dehumanization and therefore it must be annihilated. I stood against this discrimination of the caste system and thus, I aligned with the movement which Rohith Vemula was part of.

Rohith Vemula being a dalit, was institutionally discriminated and forced to take his own life. The ‘Vice Chancellor prof Appa Rao Podile’ directly perpetrated in the institutional social boycott against the five dalit students including Rohith. Following the suicide of Rohith, the VC was booked under the SC/ST Prevention of Atrocities Act according to whose provision the accused must have been arrested within 24 hours from the lodging of FIR. However the FIR was lodged on 18th January, 2016 and till date he has not been arrested. This is a gross violation of the constitutional provision. Instead he returned to the university and attempted to illegally reclaim his ‘vice chancellorship’ on the 22nd March, early morning.

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Central Reserve Police Force (CRPF) and other security personnel unleashed brutal physical and sexual assault on students and teachers protesting against VC resuming office for Justice for Rohith

On the same day that is on 22nd March I went to attend a PreSubmission Seminar in the department of English, School of Humanities, at exactly around 2.00pm. Coming out of the department at around 3.00pm I saw that the peacefully protesting women and men teacher and students were being dragged and beaten up mercilessly by the police. The police were chasing and lathicharging on the protesters indiscriminately. It was obnoxious to see that the protesters are beaten up for raising voice against the injustice. It was a day of police violence on the democratic and peaceful protesters. I saw one student losing his sense and was rushed to a hospital. Many students got their clothes torn due to the brutal manhandle and lathicharge. But it was most painful to see that the women students and teachers being mercilessly beaten up by the police. They were thrashed on their private parts. I also witnessed female teachers being manhandled/molested by the police. It was a violation of women's rights as the women students and teachers were molested by the male police. Dr Tathagata Sengupta, an assistant professor of Mathematics was beaten up too.

It was a threatening moment in my life. I never saw such police violence in front of my eyes. I could not restrain myself from speaking against the police and as a result I was the next to be victimized. However, the police brutality actually began when one teacher, one film maker and the sixteen students including me were chased and dragged into a police van. I was standing near the ‘Goodwill canteen’ which is around 250 meter away from the VC`s lodge where the protests were happening. Standing there itself I could see students and teacher being dragged into the police van. But I never thought that I would also be a victim of the police brutality. Suddenly, one police chased me and caught the collar of my shirt. I pleaded not to apprehend me as I did not commit any crime except the fact that I stood for the Justice for Rohith and supported the students’ movement for justice. I feel that I was targeted because I questioned the police on their face that why Rohith did not get justice even after more than three months; why the accused for Rohith's murder has not been punished; on what ground the VC has come to take charge of the university. Instead I was beaten up and thrashed hard and pushed into the police van.

This inhuman and brutal torture continued on all of us for around 50 minutes on the way from UoH to the Miyapur Police Station. Dragging me into the van the police forcefully pushed me down into a corner seat. Before getting hit I quickly looked at a fellow victim Subhadeep Kumar and asked him what might happen to me as for the first time my life I got into a police van. He assured me that nothing will happen as I did not commit anything wrong. I could not turn my face to have a look at the rest of the victim in the van. Again the police hit me on shoulder. I pleaded not to hit me but the police pulled my hair and punched me hard on my back. Another police hurried at me snatched my mobile and spectacle. But when I pleaded to give me back the spectacle as I have serious eye problem, the police boxed on my right eye saying that why despite being visually challenged did I spoke against the police. Whenever I tried to look at my fellow companions who were beaten up black and blue, the police hit me and cowed me down not to raise my head again. I heard my fellow friends shrieking in pain as they were mercilessly thrashed and hit. Those who had beard and looked liked ‘Muslims’ were beaten up specifically as the police suspended them to ‘like’ terrorists. The sounds of slapping and hitting still haunt my mind and I feel the pain. Professor K Y Ratnam was also a victim of the police brutality. A filmmaker, Moses Abhilash too was unlucky to be a victim of the brutality. Abhilash was just shooting the videos of police lathicharge which the police did not want the public to see. The police beatings left wounds on my body. When I requested for water they gave me the water only to be ready to get beaten up again. The physical assault was extremely systematic and cruel. At that moment I doubted whether I was at all a human being. While beating up, the police also unleashed verbal abuse on all of us at extreme level. During the journey of police brutality from the UoH to Miyapur P. S., the police were continuously abusing us with the most vulgar and objectionable language. “M***d, b**d, chu**a, bho**ke” and etc were the common words they were throwing at us. They called us Pakistani ISI agents and alleged that we are spending Indian money and supporting Pakistan and threatened us to send us to Pakistan. They called us antinational alleging that we are conducting “beef festival”, “kiss of love” events on “Afzal Guru’, “Yakub Memon’. They said that they were taking revenge on us for their hard work on duty. They also assaulted our departed friend Rohith Vemula saying that he was a ‘bastard’, ‘spoiled child’ and people are unnecessarily paying attention to his death. They used extremely antiwomen, derogatory, and sexist comments. They said that they would rape our mothers and sisters and also they vowed to bring them here and take their naked videos. They also threatened to do the same with our women friends in the university. Hearing these comments I feel that the safety of the women is at great risk and I also feel that the posting of police poses direct threat to women teachers, students and workers in the campus. Their comments and attitudes were dangerous as far as the safety and security of women is concerned at large in the society. It is appalling to think what the police remarked against the women.

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The language police used against women protestors : "Tu kahaan ki rehne wali hai? Itti kaali hai! Aa tere ku sabak sikhata hoon! (Where are you from? You are so dark. Let me teach you a lesson)"

After brutal torture in the police van we were subjected to harassment in Miyapur P. S. After reaching there at Miyapur we all of us were made to sit on a dirty and spaceless corridor. The police humiliated us by making our respected teacher Prof K Y Ratnam sit on the same dirty floor. The police lectured us about moral and ethical correctness. They behaved with us very rudely while taking our detail information and pictures. On asking about our release the police told us that everything is in hand of their “BIG BOSSES” and they also said that the Gachibowli police have already decided our fate. We were kept awake throughout the night by putting light on in front of eyes and playing songs and videos. When we requested to let us sleep they laughed at us. The next day, a Subinspector of Miyapur P.S. called me for interrogation and he took all my information in detail including my family, relatives’ information. He also took the photos of my PAN, Aadhaar and university ID cards. He also took the phone numbers of my relatives checking my mobile. He abused me very badly and threatened me that in future if something happened in the university, I will be a target even if I do not commit any crime.

Thereafter we were secretly taken to Balanagar Police Station where we were again harassed both physically as well as mentally. The police made us sit in a dirty and suffocating room. Professor Ratnam was again humiliated by making him sit at the feet of the police who was sitting on a chair and giving us pedantic lecture on nationalism and education as to how we should develop our society. This is the same subinspector of Miyapur P.S. who abused me in vulgar language and giggled his teeth and lied to me when I asked him where we were taken to. He also mocked at me by calling me “team leader” and “mastermind”. I don't know his motive for calling such things. But I am apprehensive of my Muslim identity as he was targeting me. I was also not allowed to inform my worried family or friends about my whereabouts.
From Balanagar P.S. we were taken to ‘Government Area Hospital’ secretly. We were shocked to know that we were taken to a hospital. I had wounds and pain caused by the police brutality the previous day. But I had no reason to expect any medical treatment. In the hospital I was forced to stand in the queue for treatment. The doctor gave me “fit to be produced at court” certificate despite my critical health condition. I also saw Professor K Y Ratnam`s Blood Pressure reading to touch around 220 mark in the BP machine. After the “treatment” the Gachibowli CI J. Ramesh forced me to sign the arrest papers at around 9.00 pm on 23 March whereas actually I was arrested by the police at 5.30pm on 22 March. When I tried to raise objection the Gachibowli CI J.Ramesh threatened me that not signing the arrest papers would amount to additional cases against me. I was denied any interaction with any legal expert on these serious issues. When I politely asked him “Sir, my career would be shattered if my future is tarnished by filing cases against me”, he aggressively threatened me saying “shut your mouth up otherwise I will file more cases against you”. I do not know how to express the fear generated in me by J Ramesh. After medically certifying me “fit to be produced at court” I was again confined in the police van. It was suffocating and scorching hot. I requested the police to let me stand out of the van until it moves. But the police as usual again threatened us. I was very hungry as I did not get anything to eat throughout the day. The police did not bother to hear any of my problems. Then I was taken to the honourable Magistrate at around 11.40 pm. But the Gachibowli police Naveen and Bhupathi did not allow me to appear at the honourable Magistrate to narrate my suffering and wooes. At the Magistrate's order I was sent to Cherlapally Central Prison. Coming to the prison my health further deteriorated. I called a prison physician for treatment. He gave me a general painkiller injection and some medicine for the wounds and pain caused by the police on 22 March. But he did not give me any proper health treatment as I needed the most. It still pains me to remember that in prison the doctor was not allowed inside and therefore, I had to take an injection through the window. I also failed to have an eye check as 22 March as the police hit me on my right eye. The police action threatened my life and also the hopes of my family. I feel helpless, hopeless and unsafe. The police filed false cases against me and others with the deliberate intention to destroy our future and our lives. The police terrorized us throughout the first 33 hours to ensure that we do not again protest against the government and its agencies. They kept us saying that we should only study and not get involved in politics. They wanted to create a fear in us so that before protesting we will remember the trauma of the police brutality. This poignant memory will always be haunting my life.
Md Hasanujjaman
M Phil in English,
University of Hyderabad