Reclaim the Night

We march not only for justice, but for a world in which the light of justice triumphs.

Aug 16, 2024

In this article,

Summary of the Kolkata Rape-Murder Case
Safety Measures for Protestors.
How Can You Help from Home

Trigger Warning: The following content contains graphic and distressing details related to a death investigation.

The night, which was supposed to be restful, turned into a war of survival for a young doctor student at RG Kar Medical College. Owing to a scarcity of rest areas within the hospital, the physician made the safe decision to take a nap in the seminar hall. Her coworkers found her partially nude and with multiple injuries on the podium the following morning.

Smothering and throttling caused the death, according to the autopsy. The victim's face has aberration and bruise marks from the eyes to the neck. The mouth and throat were constantly squeezed together to prevent yelling. The throat was strangled to suffocate. The thyroid cartilage shattered as a result of the strangling. The death appeared to be caused by gagging, and there were several signs of injury and fighting. There were scratches all over the body, blood stains on the face, eyes, and privates, and bleeding from the genitalia. The accused also had severe marks and scratches on their hands, indicating that they attempted to resist. The report clarified that the pelvis and collar bone had neither broken or fractured, contrary to what had been previously stated during the first observational phase.

Women have no refuge under the cover of night, where every step is measured and every turn is fraught with danger. When every shadow poses a threat, it serves as a reminder that safety is a distant dream rather than a privilege. Every street is bursting with protests. Demanding justice for the victim and increased protections for women. Strikes by doctors have halted medical services in numerous states.

Kolkata: Massive night protests after doctor's rape and murder

For protesters, this post offers crucial information on rights, safety measures, and what to do prior to, during, and following a protest. Understanding these standards will help you protect yourself and others while exercising your democratic rights.

KNOW YOUR RIGHTS

As an Indian citizen, your right to protest stems from two fundamental rights protected by Article 19 of the Indian Constitution of 1950: freedom of speech and expression and the right to gather in public without arms.

However, it is crucial to note that this privilege is not unconditional and has specific limitations and criteria. This means that you can use your right to protest by holding a peaceful public meeting, as long as you obtain the necessary approvals from authorities and maintain public order.

The Supreme Court stated in Ramlila Maidan Incident v. Home Secretary, Union Of India & Ors. (2012) that "citizens have a fundamental right to assembly and peaceful protest which cannot be taken away by an arbitrary, executive, or legislative action". In 2020, the Supreme Court delivered a judgement in the context of the Shaheen Bagh protests opposing the Citizenship (Amendment) Act, 2019. In its judgement, the Court said that while citizens have the right to peaceful protest, demonstrations which exhibit dissent should take place only in designated places. The Court also said that public ways and public spaces cannot be permanently occupied by protesters, and the right to protest must be balanced with the right of commuters to conveniently access public roads and pathways.(( Amit Sahni v. Commissioner of Police and Ors. CA No. 3283 of 2020, Supreme Court of India))

What are your rights if you're detained while protesting?
If you are a woman, please be aware that your arrest can only be carried out by a female police officer. It's also crucial to remember that women cannot be detained between 6 PM and 6 AM, or sunset and sunrise. In the rare case where the woman must be detained at night, the female police officer must obtain written approval from the local Judicial Magistrate. If you are arrested during a protest as an organizer or participant, you have the rights listed below:

Right to inform a family member or friend about your arrest.
Right to consult a lawyer. If you cannot afford a lawyer, you can seek the assistance of the District Legal Services Authority.
Right to be notified about the charges made against you, as noted in the arrest memo.
Right to read and review the arrest memo before signing it. You must also receive a copy of this arrest memo.

Source: https://nyaaya.org/resource/guide-to-lawful-protesting/

PLAN AHEAD BEFORE YOU LEAVE

Find out where and how the protest is being held. Tell those you trust about your plans, including when you anticipate to return. Should you be driving your own car, park it away from the protest site.

Bring water, food, a small first-aid kit, identification, cash, and a fully charged phone and power bank. Turn off biometric passwords, including fingerprint and face recognition IDs. Please do not bring any alcohol, cannabis, cannabis products, or other substances.

Wear comfortable, weather-appropriate attire and footwear. Avoid wearing loose jewelry or anything that can be easily grabbed. Use a scarf or mask to cover your face, and carry saline solution or water for eye rinsing if needed.

In case you are detained, write two emergency contacts' phone numbers right on your hand or arm with a permanent marker. Photograph injuries caused by police and record the time and location.

DURING THE PROTEST

1. Be Peaceful

Millions of people around the country are outraged, with thousands protesting. The constitution of India allows for peaceful assembly, but it is critical to understand the limitations and legal protections.

Keep Your Distance from Provocateurs. Some persons may attempt to provoke violence or cause disruption. Don't engage with them; instead, concentrate on the aim of the protest. Remain calm and non-aggressive.

Participating in a protest may result in arrest, so be informed of the legal ramifications. Avoid any interaction with law enforcement or counter-protesters. Recognize what to do if detained.

2. Pay Attention to your environment.
Go with a friend or join a group. Stay close and watch out for each other. Maintain complete "situational awareness" at all times. Understand what is going on around, above, and beneath you.

Look out for safe areas and exits in case things get out of hand. If you or someone in your group gets wounded, seek medical assistance right once. Keep up with the attitude and motions of the crowd. If you notice a shift toward violence or tension, leave the place. Do not shake hands, hug and share drinks, or have lengthy face-to-face chats.

Be cautious of suspicious people, items, activity, and cars. Avoid unattended luggage, backpacks, cartons, and other goods. Avoid public containers including trash cans, dumpsters, mailboxes, and newspaper stands.

3. Avoid taking photos and videos.
Protect fellow protesters' privacy by not publishing images or videos that can be recognized. Taking photos and films at a protest can assist promote a movement's message and document any abuses of your rights, but it should not be done at the expense of another person's safety.

AFTER THE PROTEST

Leave the area quietly, and avoid sticking in isolated areas. Stick with your group and go to a safe location.

If you're feeling mentally or emotionally overwhelmed, seek help from friends, family, or specialists. To protect others' identity, do not post any images of demonstrators on social media. Think over the incident and let others know how you see it. Continue to utilize your voice to raise awareness and advocate for change, whether on social media, at work, or in your community.

Apart from protesting, what can one do to drive make a meaningful impact?

Use social media to spread verified case-related information, updates, and resources. Raise the voices of people demanding justice and keep the subject in the public eye.

If you work in the medical field, consider supporting or participating in the strikes organized by the Indian Medical Association and other organizations. Non-medical people can show solidarity by pushing for better protection for healthcare workers.

Educate yourself and others on the structural factors that contribute to such atrocities, and consider how to address them. Donate to groups that promote women's rights and gender justice. Promote and support mental health resources for those affected by the case, including the victim's family, classmates, and the larger community.

By taking these actions, we keep the heartbeat of the movement strong.

Spread the word. Your involvement transforms complex challenges into concrete change, making a significant contribution to our common struggle for justice and safety.