Skip to main content

Indian democracy so fragile it's threatened by Arundhati's 13-yr-old dissenting note?: PUCL

Counterview Desk 

Insisting that dissent is the beating heart of a democracy, India's premier human rights organisation, People’s Union for Civil Liberties (PUCL), has demanded withdrawal of prosecution sanctioned against well known writer Arundhati Roy for offences under sections 153A, 153B and 505 of the Indian Penal Code pertaining to her speech at a convention on Kashmir, ‘Azadi: The Only Way’, organised in New Delhi in October 2010.
"A mature constitutional democracy ought not to prosecute speech, which by itself has no direct causal connection to violence or disorder. It is shameful that an FIR was even registered for speech which by all accounts did not incite or provoke any form of violence", the PUCL statement said, adding, "It does great disservice to the Modi government’s belief that India is the ‘mother of democracy’."

Text:

The PUCL condemns the decision of the Delhi Lieutenant-Governor Vinay Kumar Saxena to grant Delhi Police sanction to prosecute writer Arundhati Roy and Sheikh Showkat Hussain, (former Professor of International Law at Central University of Kashmir), in a 2010 case for offences under sections 153A, 153B and 505 of the Indian Penal Code. The complaint itself pertains to speeches by Arundhati Roy and others at a convention on Kashmir, ‘Azadi: The Only Way’, organised in New Delhi in October 2010.
It is baffling that a 2010 related case is now on the front burner, with sanction being granted by the L-G, almost thirteen years after the alleged incident. The case itself pertains to speech which allegedly fell within the IPC provisions relating to ‘promoting enmity between different groups' (Section 153-A), ‘imputations or assertions prejudicial to national integration’ (Section 153-B) as well as statement conducing to mischief (Section 505). According to the LG, though her speech fell within the understanding of sedition ( Sec 124-A), sanction to prosecute for sedition was not given as ‘the Supreme Court on May 5, 2022, in another case has directed that all pending trials, appeals and proceedings with respect to the charge framed under Section 124A (Sedition) of IPC shall be kept in abeyance and thereafter the three-Judge Bench headed by CJI had referred the matter to Constitution Bench on September 12, 2023’.
A mature constitutional democracy ought not to prosecute speech, which by itself has no direct causal connection to violence or disorder. It is shameful that an FIR was even registered for speech which by all accounts did not incite or provoke any form of violence.
It does great disservice to the Modi government’s belief that India is the ‘mother of democracy’, when the ‘mother’ prosecutes one of her most illustrious children. Arundhati Roy is one of India’s most eminent writers who has used her writing to amplify the concerns of those whose voices are ignored or muted. In her writing be it on the Indian nuclear tests, the dams on the Narmada or of the US war on Iraq she has sought to remind Indians and indeed the inhabitants of the world of the human costs of nuclear technology, development and war.
Her voice matters in contemporary India because her essays though crafted in a highly individual, poetic and literary voice, ‘rose from the heart of a crowd’. She characterised her own writing as not ‘neutral commentary’, but rather as ‘just another stream that flowed into the quick, immense rushing currents that I was writing about.’ By writing about issues which the powerful would rather forget, she forged her ‘contribution to our collective refusal to obediently fade away’.
It is shameful that FIR was registered for speech which by all accounts did not incite or provoke any form of violence
As a writer she has been unafraid to tackle difficult and controversial issues. In a constitutional democracy, such voices even if they shock or disturb the government ought to have free play, because dissent is the beating heart of a democracy.
Mahatma Gandhi spoke about the importance of dissent most powerfully during his prosecution for sedition in colonial times:
“Section 124-A under which I am happily charged is perhaps the prince among the political sections of the Indian Penal Code designed to suppress the liberty of the citizen. Affection cannot be manufactured or regulated by law. If one has no affection for a person or system, one should be free to give the fullest expression to his disaffection, so long as he does not contemplate, promote or incite violence...”
'Speech’ in Gandhi’s words, should have the ‘fullest expression’, with the only limit point being the promotion of violence. The jurisprudence of the Supreme Court also limits the understanding of sedition to speech which directly results in or incites violence. In Balwant Singh v. State of Punjab in 1995, the Supreme Court adjudicated the question as to whether shouting slogans including, “Khalistan Zindabad” in a crowd the day Indira Gandhi was assassinated amounted to sedition. The Supreme Court noted, ‘We find it difficult to hold that upon the raising of such casual slogans, a couple of times without any other act whatsoever the charge of sedition can be founded.’ The Supreme Court went on to chastise the policemen who filed the case, stating that, ‘It does not appear to us that the police should have attached much significance to the casual slogans raised by two appellants, a couple of times and read too much into them’?
Indian democracy is not so fragile as to be threatened by the expression of a dissenting opinion. The LG granting sanction to prosecute is a particularly egregious and constitutionally suspect exercise of state power as is evidenced by the fact that even thirteen years post the utterance of the words those words have not resulted in any violence.
Arundhati Roy is being prosecuted for ‘worrying the edges of the human Imagination’ for writing as if ‘the only thing worth globalizing is dissent’ and believing that dissent is ‘India’s best export’. This is a tragedy for a country which prides itself as being the ‘mother of democracy’.
The PUCL demands that the prosecution be withdrawn with immediate effect against both Arundhati Roy and Sheikh Showkat Hussain.
-- Kavita Srivastava, President, Dr. V. Suresh, General Secretary, PUCL

Comments

TRENDING

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा*  जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए। 

Old bias, new excuses: How western media misrepresents India’s anti-terror strikes

By Gajanan Khergamker  The recent Indian military strikes on Pakistan, dubbed Operation Sindoor, have sparked a storm of international media coverage. Several prominent outlets have portrayed India as the aggressor in the escalating conflict, raising concerns over biased reporting. This commentary critiques coverage by foreign media outlets such as The New York Times , Reuters, BBC, and CNN, which have often been accused of framing India’s actions as escalatory while downplaying or omitting critical context regarding Pakistan’s role in fostering terrorism. By examining historical patterns and current geopolitical dynamics, this analysis highlights the recurring selective framing, omission of evidence, and a tendency to favor narratives aligned with Western geopolitical interests over factual nuance.

'A tribal lifeline': Health rights group asks Gujarat governor to halt Vyara govt hospital privatization

By A Representative  In a strong appeal to the Governor of Gujarat, the National Health Rights Alliance (NHRA)—an initiative of the National Alliance of People's Movements (NAPM)—has urged the state to halt the ongoing move to privatize the Vyara Government Hospital and Medical College in Tapi district. 

जैविक जीवित संसाधनों व प्रकृति पर निर्भर मजदूरों की व्यापक आर्थिक सुरक्षा कैसे हो?

- राज कुमार सिन्हा*  भारत में  60 करोड़ से अधिक लोग भूमि, जल, जंगल और समुद्र जैसे प्राकृतिक स्रोतों पर निर्भर हैं । देश में 14.6 करोड़ छोटे और सीमांत किसान, 14.4 करोड़ खेतिहर मजदूर ( बड़ी संख्या में दलित हैं), 27.5 करोड़ वन निवासी, 2.8 करोड़ मछुआरे, 1.3 करोड़ पशुपालक और 1.7 करोड़ कारीगर हैं जो सीधे तौर पर  प्रकृति के साथ और प्रकृति के भरोसे काम कर रहे हैं । लगभग 6 करोड़ मौसमी मजदूर हैं जो काम के सिलसिले में लगातार अपने गांव से बाहर जाते हैं और लौटते हैं। प्रकृति निर्भर समुदायों की आर्थिक गतिविधियां जो बड़े पैमाने पर जीवन निर्वाह और छोटी आय के लिए है। वर्तमान आर्थिक नीतियों के कारण, जो कॉर्पोरेट्स और बड़े व्यवसायों का समर्थन करती है, प्रकृति निर्भर समुदाय के लिए अव्यवहारिक होती जा रही है। 

Censor Board's bullying delays 'Phule': A blow to India's democratic spirit

By Vidya Bhushan Rawat*  A film based on the life and legacy of Jyotiba Phule and Savitribai Phule was expected to release today. Instead, its release has been pushed to the last week of April. The reason? Protests by self-proclaimed guardians of caste pride—certain Brahmin groups—and forced edits demanded by a thoroughly discredited Censor Board.

Naveen Gautam creates history, becomes first Dalit youth to moderate session at UN

By A Representative  In a historic moment for Communities Discriminated on Work and Descent, Mr. Naveen Gautam of the Global Forum of Communities Discriminated on Work and Descent (GFoD) became the first Dalit youth to moderate a session at any United Nations forum.

Kashmiriyat lives: Beyond the prime-time lies

By Rimmi Vaghela  I am Rimmi from Ahmedabad. I contemplated this blog on April 27, 2025 in Jammu, when my plans of revisiting the paradise called Kashmir were shattered—not by fear, but by circumstances and sorrow. I decided to share my story with a heavy heart, hoping it reaches those who still believe in the warmth of humanity over the divisive noise of prime-time media.

In the fury of war, humanity succumbs to the illusion of nationalism

By Dr. Mansee Bal Bhargava*    On May 7, Rabindranath Tagore Jayanti—also known as Rabindra Jayanti or Poncheeshe Boishakh in Kolkata—we celebrated the birth anniversary of the renowned poet, writer, philosopher, reformer, and Nobel laureate. On this occasion, I draw attention to Tagore’s timeless quotes, which resonate profoundly today, perhaps more than ever, as we live in a time when the ruling government has pushed the nation toward war.  

Choice of the word 'Sindoor' in India's anti-terror operation: Symbolic feminism or patriarchal strategy?

By Dr. Mansee Bal Bhargava*  In the aftermath of a war and subsequent ceasefire in 2025, Operation Sindoor has emerged as a focal point of national discourse, not only for its military objectives but also for its symbolic framing. The operation, named after a traditional marker of Hindu marital identity, and the prominent roles of Colonel Sofiya Qureshi of the Indian Army and Wing Commander Vyomika Singh of the Indian Air Force in its media briefings, have been widely celebrated as a step toward gender inclusivity. 

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das*  India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...