On November 25, 2024, human rights defenders (HRDs) Arumugam and Durai Guna were arrested at 11:10 a.m. on charges of defamation. The authorities cited concerns that their poster campaign would attract public attention, cause nuisance, and potentially endanger public safety. During the arrest at his residence, Durai Guna was handed a refusal letter denying permission for the poster.

An FIR was filed against Durai Guna at the Karambakkudi Police Station under Crime No. 53/2024, invoking several sections of the Bharatiya Nyaya Sanhita (BNS) 2023, including:

• Section 192: Provoking others to commit a riot.
• Section 356(4): Selling or offering for sale any printed material containing defamatory content.
• Section 353(1)(b): Statements conducing to public mischief.
• Section 336(4): Committing forgery with intent to damage a party’s reputation.

The case was filed based on a complaint by the Revenue Divisional Officer of Kuzhanthiranpattu Village, Karambakudi Taluk, Pudukottai. Although bail was granted on November 25, 2024, with the condition that Guna report to the Mandaiyur Police Station, he later appealed to the Judicial Magistrate of Keeranur for relaxation of this condition, citing difficulties in earning a livelihood. On December 7, 2024, the court modified the condition, requiring him to appear at the police station only once a month until further notice.

The arrest and subsequent legal actions against Durai Guna are seen as an abuse of power and an act of reprisal against a civic-minded individual advocating for environmental protection. His poster aimed to raise awareness about the encroachment of Pudukulam Lake and urge authorities to act on a court order regarding its protection. Instead of addressing the issue, officials treated him as a political suspect, denying him permission to display the poster and holding a debate, leading to his arrest on allegedly false charges.

Violation of Fundamental Rights

Under Article 19(a) of the Indian Constitution, Durai Guna has the fundamental right to freedom of speech and expression, which includes the right to dissent. His arrest not only undermines his rights but also puts his life at risk, as encroachers are now aware that authorities may not take action against them.

Appeal to the National Human Rights Commission (NHRC)

We urge the Hon’ble Commission to intervene immediately and ensure the protection of Durai Guna. Specifically, we request:

1. A transparent and independent inquiry into the matter, with a report submitted to the NHRC within two weeks.
2. Guarantees for the safety and protection of Durai Guna, ensuring he can continue his activism without fear of retaliation or harassment.