India: Journalist Booked For Supporting Victim Of Harassment. CFWIJ Is Extremely Concerned About The Communal Bias In India Police Systems.
Location: India, Delhi
Date: July 8, 2021
A first information report (FIR) was registered against journalist Nidhi Suresh in Uttar Pradesh’s Shahjahanpur area, following the publication of her report that detailed the harassment a woman civilian faced after her conversion from Hinduism to Islam. According to Suresh’s report, a woman who now recognizes herself as Ayesha Alvi received threatening calls after her religious conversion. The number was registered in the name of a news reporter Deep Srivatsava. In response, Srivastava filed a defamation case against the journalist, denying the allegations.
The FIR was registered on July 4, at the Saddar Bazaar Police Station under sections 500 and 501 of the Indian penal code. Srivastava’s FIR alleges that, “Twitter handle @nidhisuresh tweeted that in Tilhar religious conversion case, I demanded money…and also mentioned a writ in Delhi court. Although writ does not mention the channel’s or reporter’s name, this Twitter handle is conspiring against me and blaming me for taking money.”
Nidhi Suresh was informed of the complaint registered against her the following day. In the morning, Nidhi received a phone call from a law enforcement officer ordering her to record her statement in relation to the case. In the evening, she was called again to personally visit the police station. When Nidhi responded that she was in Delhi and not in Uttar Pradesh, the police refused to accommodate her. Not only does this appear like a deliberate attempt to legally harass a journalist, there are also several procedural irregularities that the police undertook. According to Nidhi, the police flouted the law and registered the FIR against her without a magistrate’s approval.
UP police registered an FIR against me after Deep Srivastava filed a complaint of defamation.
— Nidhi Suresh (@NidhiSuresh_) July 7, 2021
As per law, an FIR for criminal defamation can only be filed after a magistrate's approval.
UP police bypassed this & registered an FIR under IPC 500 and 501.https://t.co/IPPHbXTS6L
Nidhi’s employer organization, Newslaundry, also came to their journalist’s' defense. In a piece published on the website, the team claimed that, “It should be noted that the Supreme Court of India has held that for criminal defamation, the complainant must file a complaint before a magistrate under Section 200 of the Code of Criminal Procedure as the said offences under Section 500 and 501 of the Indian Penal Code are non-cognizable.”
The Coalition For Women In Journalism is deeply concerned about the actions of the law enforcement agencies in India, who appear to not only be targeting journalists in the country but also appear to have a communal bias. The state of Uttar Pradesh witnesses frequent communal tensions incited by Hindutva political leaders, and a detailed report, Manufacturing Evidence actually presents detailed arguments of the police complicity with criminal elements that target vulnerable communities. It is of utmost importance that state agencies abide by principles of free press and civil liberties if India wants to protect the democratic values it claims to ally with.
The CFWIJ strongly condemns the police brutality against journalists. We demand the immediate return of the press cards seized from the security forces. Policies to intimidate journalists should be abandoned, and journalism should be practiced under the criteria of freedom of the press.
If you have been harassed or abused in any way, and please report the incident by using the following form.