PRESS RELEASE

ASSOCIATION FOR PROTECTION OF DEMOCRATIC RIGHTS (APDR)

(Released at a Press Conference at Calcutta Press Club on 9 Aug 2012 in presence of the victims)

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THE LATEST ASSAULT ON HUMAN RIGHTS IN WEST BENGAL

If Human Rights activists think they’ve the right to communicate, have the right to share their dissenting views on various government policies and actions, agonies or joy with friends and fellow citizens by SMSs through their mobiles, regarding rights violations due to corrupt practices deeply housed in the existing administration of the state and in private institutions with its clandestine administrative patronage, the West Bengal Government with its Lalbazar, ‘famous’ for its unlawful abuse of Police powers, is there to teach them a lesson.
The following are some recent facts :

In recent weeks, quite a few rights’ activists have found their mobile services terminated.
On query, their mobile service providers have informed that services have been discontinued on instruction from the cyber crime department of the Kolkata police.
On approaching the police for clarification, the activists have learned that FIRs has been filed against some of them at the Jorasanko police station, alleging that these individuals have misused their mobiles.
The nature of the alleged misuse is far from clear.
The police have not clarified why, and on the basis of what investigation, have mere FIRs led to this drastic action.
When the aggrieved activists or APDR contacted the police, they were told that the exact complaints against them cannot be traced unless they obtain the exact reference number and date of the instruction from the police to the service providers.
Nor have the mobile service providers provided the aggrieved activists copies of the instructions that they have received from the police.
So, they have been made to feel utterly harassed and frustrated.

The following features stand out:

The action has been taken against activists who have, in the recent past, dissented various government actions.
All these activists have, in the recent past, circulated SMSs critical of government actions.
The activists whose services have been blocked have not been intimated either of their offence or the impending action against them.
The police have acted against the activists mentioned in the FIRs, if any, in a hasty manner while in the recent past they have taken no action on many other complaints. The complaints lodged by the APDR against goons who had attacked its rally at Hazra crossing in Kolkata, by women victims of sexual assault, even by a woman forced to undergo a foetal sex-determination test are cases in point.
So, the action is arbitrary, discriminatory and amounts to violation of the victims’ civil liberties as well as consumer rights and human rights.

We would like to point out that these actions are

examples of the assault on the freedom of speech and expression by the state, and
assault on individual liberty, especially one’s right to communicate.
calculated and politically motivated but gross misuse of the IT Act, 2008 [particularly Section 66(A) of this Act] by Lalbazar.

Therefore, this action is a violation of articles 19 and 21 of the United Nation’s Universal Declaration of Human Rights and Article 19 of the Indian Constitution.
We, rights activists and other concerned citizens, vehemently protest against this action.
We demand:

that the suspended mobile service of the activists be restored immediately, and
that all those who are parties to this abject violation of natural, legal and constitutional rights be immediately brought to book.

We further urge upon the government to desist from all efforts to curb the rights to freedom of expression thereby destroying the very fabric of democracy and better listen to the voices of dissent and act upon them.
Some details of the recent violations brought to our notice are provided below:

Victim	No. blocked	Service provider	Date	Background
Sumit Chowdhury	9830249430	Vodafone	23.07.12	Social activist. Immediately before the action, he had been campaigning in solidarity with the movement of the Maruti workers.
Kunal Guha Roy	9143137099	MTS	14.07.12	Environmental activist. Immediately before the action, he had been campaigning against the murder of Tapan Dutta, who had launched a movement to save the Dankuni wetlands.
Uttan Bandyopadhyay	9831240790	Airtel	13.0712	Patients’ rights activist. He had spread the news of a court judgement pulling up the management of the B.M. Birla hospital for practices against patients’ interests.
Dr Shyamal Roy	Several numbers	Mainly Docomo	06.04.12	Information activist. Runs a mobile news network on people’s movements and related issues called Dadhichi.

We request the media, whose very existence depends on the freedom of expression, to give wide coverage to our protest and demands.
Thank you
Yours sincerely
Dhiraj Sengupta

General Secretary, APDR. (9432276415)

FOR RFERENCE
Article 19 and Article 21 of The Universal Declaration of Human Rights
Article 19.

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 21.

(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.

(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 19 of The Costitution of India
19. Protection of certain rights regarding freedom of speech etc
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted

(g) to practise any profession, or to carry on any occupation, trade or business

New Offence: Cyber stalking:
66 A. Punishment for sending offensive messages through communication service, etc. (Introduced vide ITAA 2008)
Any person who sends, by means of a computer resource or a communication device,-
a) any informationthat is grossly offensive or has menacing character; or
b) any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device,
c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages (Inserted vide ITAA 2008)
shall be punishable with imprisonment for a term which may extend to three years and with fine.
Explanation: For the purposes of this section, terms "Electronic mail" and "Electronic Mail Message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

18, Madan Baral Lane, Kolkata -700 012, West Bengal, India

Website: www.apdr.org.in , Email: apdr.wb@gmail.com , Phone: (033) 22376459