Gender: Female
Perpetrator: India
Religion or Belief: Hindu
Health Concerns: Hypertension, blood pressure, other ailments
Reports of Torture: No
Reports of Medical Neglect: Yes
Date of Detainment: June/6/2018
Current Status: Not Released
Religious Leader: No
Most Recent Type of Abuse: Detainment
Reason for Persecution: Civil Rights Work for Religious Communities Human Rights Work for Religious Communities
Nature of Charges: Hate Speech Terrorism Treason & Sedition
Shoma Sen is detained for her human rights and civil rights work for marginalized religious communities.
On June 6, 2018, police in Maharashtra arrested several prominent Dalit and Adivasi rights activists, including Sen, the head of the English literature department at Nagpur University. Authorities accused Sen and others of inciting caste-based violence through speeches on December 31, 2017, that resulted in violent clashes the next day in Bhima Koregaon and neighboring villages in Maharashtra. Authorities also accused them of having ties to banned Maoist groups. Sen was reportedly charged under various sections of the Penal Code and Unlawful Activities (Prevention) Act (UAPA).
On October 5, 2018, several UN human rights experts expressed concern that the charges against Sen and other activists in the case are “being used to silence human rights defenders who promote and protect the rights of India’s Dalit, indigenous, and tribal communities.”
On February 14, 2020, Sen’s case was transferred from Pune, Maharashtra, to a special National Investigation Agency court in Mumbai.
In August 2021, the National Investigation Agency submitted draft charges to a special court in Mumbai, claiming that Sen and others accused in the case were active members of the banned terrorist organization Communist Party of India. It also alleged that the accused wanted to establish a “janta sarkar” “via revolution supported by a commitment to protracted armed struggle to undermine and to seize power from the state.” The accused were charged with over a dozen offenses including, "promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony" (Sec. 153A IPC), public mischief (Sec. 505(1)(B) IPC), “waging, or attempting to wage war, or abetting waging of war, against the Government of India” (Sec. 121 IPC), “conspiracy to commit offences” waging war against the state (Sec. 121A IPC), sedition (Sec. 124A IPC), and several sections under UAPA.
On September 21, 2021, a court rejected Sen’s application for interim bail for medical reasons.
Sen reportedly suffers from hypertension, blood pressure, and other ailments, which have reportedly worsened in prison due to lack of medical and preventative care.
Related Cases: Surendra Gadling, Mahesh Raut, Sudhir Dhawale, Rona Wilson, Gautam Navlakha, Vernon Gonsalves, Arun Ferreira, Anand Teltumbde, Hany Babu, Ramesh Murlidhar Gaichor, Sagar Tatyarao Gorakhe, Jyoti Jagtap, Stan Swamy
“Bhima Koregaon 16” Amnesty International
“Elgaar Parishad case: Special court rejects Shoma Sen’s interim bail application” The Indian Express
“Elgar case: What NIA draft charges submitted in court say, against whom” The Indian Express
“NIA submits draft charges against Bhima Koregaon accused” The Hindu
“Elgar Parishad case transferred from Pune to NIA court in Mumbai” Scroll.in
“Shoma Sen Arrested” Front Line Defenders
“The Preliminary Fair Trial Report: Bhima Koregaon” American Bar Association (ABA)
“India: Terrorism charges are pretext to silence human rights defenders, say UN experts” UN Office of the High Commissioner for Human Rights
“India: 5 More Rights Activists Detained” Human Rights Watch
“India: Dalit Rights Activists Detained” Human Rights Watch