Gender: Male
Perpetrator: India
Religion or Belief: Unspecified
Caste: Dalit
Health Concerns: Hypertension, diabetes, cardiac disorder, syncope, lumbar and cervical spondylitis
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
Surendra Gadling is detained for his 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 Gadling, a human rights lawyer. Authorities accused Gadling 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 state. Authorities also accused them of having ties to banned Maoist groups. Gadling 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 Gadling 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, Gadling’s case was transferred from Pune, Maharashtra, to a special National Investigation Agency court in Mumbai.
On August 13, 2021, Gadling was released from jail after the Bombay High Court granted him temporary bail from August 13 to August 21 to attend the funeral rites of his mother on the first anniversary of her death. At the time of her death, Gadling request for interim bail was denied. Gadling subsequently returned to jail afterwards.
In August 2021, the National Investigation Agency submitted draft charges to a special court in Mumbai, claiming that Gadling 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.
In December 2023, a court granted temporary bail to Gadling from December 25, 2023, to January 2, 2024 to attend a family wedding
Gadling’s health has reportedly deteriorated as he has been denied adequate medical care. He reportedly suffers from hypertension, diabetes, cardiac disorder, syncope, and lumbar and cervical spondylitis.
Gadling is currently at Taloja Central Jail, Navi Mumbai.
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“Bhima Koregaon 16” Amnesty International
"Elgaar case: Accused lawyer granted temporary bail to attend family wedding" The Indian Express
“Court allows Elgar case accused advocate Surendra Gadling to use jail computer” The New Indian Express
“Elgar Parishad Case: Surendra Gadling Says Jail Authorities Denying Him Medicines” The Wire
“Lawyer Surendra Gadling released from jail after temporary bail from HC” 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
“Surendra Gadling 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