Mumbai Sedition Case: ‘Stop the Witch Hunt Against Gender Non-Conformists,’ Say Activists

Mumbai Police has charged at least 51 persons – mostly students – with sedition for raising slogans in support of Jawaharlal Nehru University (JNU) student Sharjeel Imam at the Mumbai Pride Solidarity Gathering 2020 held on February 1 at Azad Maidan.

Among those who have been charged with sedition is a young trans student Kris from the Tata Institute of Social Sciences (TISS). The videos of sloganeering at the Queer Azadi Rally were shared extensively on social media. This, when Kris was not out to their family about their sexual orientation.

In the video, the student is reportedly seen chanting pro-Sharjeel Imam slogans, post which the charges were levelled against them. The video, which soon went viral on social media, was also shared by former Maharashtra Chief Minister Devendra Fadnavis on Twitter, asking why “the Maharashtra government is tolerating this”. Adding to the outrage, state Home Minister Anil Deshmukh said that action would be taken against those who raised the slogan, “Sharjeel tere sapne ko hum manzil tak pahuchayenge (Sharjeel, we will fulfil your dream.)”

“Sloganeering not sedition” say queer activists

The case against Kris and 50 others has been filed for supporting Imam, who triggered a national uproar last month by allegedly talking about severing Assam from the country. Calling the move of the Mumbai Police a “witchunt” Transgender & queer activists Karthik Bittu Kondaiah, Ray R, Kaushal Bodwal & Vihaan Vee addressed a  press conference in Delhi, condemning the hounding of gender non-confirming people at the anti-CAA-NRC pride protests in Mumbai.

Read More: Sedition: Criminalising Dissent

They demanded that all activists and those arrested be immediately released and sedition charges be dropped. 

Speaking at the conference, Ray, a trans woman and an activist said that Kris was only standing there and reading the preamble to the Indian Constitution. “While one may disagree with Sharjeel or even Kris, the slogans at the event do not amount to charges of sedition. Legally there was no incitement of any form of violence. Previously, the BJP government has booked over 241 people under the law and is now using the sedition law for small term gains,” she added.  

“The Indian state is creating a fascist force, with the use of the sedition law is the government trying to tell us that it has assumed the nature of the colonial state?” asked Kaushal Bodwal, an activist. “With the trans persons bill and CAA-NRC discrimination, a colonial morality is being imposed on us and we will not accept it,” Bodwal added.

After the video of went viral on social media, it circulated among right wing groups and troll groups, Kris has gone missing.

Kris' parents were also targeted and asked uncomfortable questions about the student's sexuality and their whereabouts. Following this, the anticipatory bail of Kris was also rejected by the Bombay High Court today.

Bittu, a trans activist said the sedition charges were “illogical and illegal” and this is part of the process to “create hate and divide the people. Both the trans rights Act and NRC are discriminatory and we are raising an alarm against it.”

“What happened in Mumbai shows how the Government is trying to isolate the youth and exploit the transness of people to target and attack them." Ray added, saying that Kris is “being shamed, targeted misgendered and wrongly outed”. Ray stressed that the “trial” by the media and the judicial process must stop and the sedition charges must be dropped immediately.

Imam was arrested on January 28 for making controversial speeches at anti-Citizenship (Amendment) Act protest sites in Delhi and Uttar Pradesh and is presently in detention in Delhi on charges of sedition. On February 3, a local court extended the police remand of Imam for three more days.

The Queer Azadi Mumbai (QAM) and Humsafar Trust held the solidarity gathering this year after the Mumbai Police denied them permission to hold the annual Mumbai Pride march at the August Kranti Maidan – reportedly on the grounds that the rally would also address issues surrounding the government, CAA and the National Register of Citizens.

Last month, the Mumbai Police had charged a student with sedition for holding a placard that said “Free Kashmir” at an anti-CAA rally. The student soon clarified that by “Free Kashmir”, she meant the restoration of basic human rights and constitutional rights of people of Kashmir. The charges against her were later dropped.

Read More: Karnataka School Slapped with Sedition for Staging Anti-CAA Play