Whither pride in India being mature democracy? Cases against Arundhati Roy, Medha Patkar

By Bharat Dogra*
In a recent article, ‘When the Process is The Punishment’, former judge of the Supreme Court of India Justice Madan B Lokur has made some comments on the cases against the renowned writer Arundhati Roy and reputed social activist Medha Patkar which deserve wide attention.
Justice Lokur starts his article by quoting a statement made by the Chief Justice of India in 2022, “In our criminal justice system, the process is the punishment.” He then describes the case against Arundhati Roy in the following words:
“Arundhati Roy gave a speech in 2010, perhaps objectionable, according to some. In June this year, that is 14 years after her speech, the Lt. Governor of Delhi gave sanction for her prosecution under the draconian Unlawful Activities (Prevention) Act. All these years, the prosecutor’s sword was hanging over her head. Consider this in the context of time. Life imprisonment is 20 years of prison in some states and 14 years in others.
"In a sense Roy has undergone the equivalent of life imprisonment under the prosecutor’s sword. This is nothing but the process being the punishment, as the CJI tells us. But the tragic reality is that her troubles are just beginning. Her trial hasn’t begun; in fact even the charge-sheet does not appear to have been filed (at the time of writing). Knowing how our justice system functions, if she is arrested now under the draconian law, it’s curtains as far as her personal liberty is concerned.”
Keeping in view what this learned former judge has stated and the statement of the CJI he has quoted, isn’t there a strong case for withdrawing the case against the famous author, also considering that a very healthy convention of all mature democracies has been to avoid initiating legal proceedings against writers unless extremely serious violations of law or harm to public interest are involved.

Justice Lokur

Even very senior leaders of countries like the USA, UK and Germany generally simply ignore when some very angry, even clearly unjustified statements against them are made by renowned authors, as it is not considered democratically correct to send an author to prison just because of a statement or two.

Coming next to the case involving Medha Patkar, Justice Lokur has stated that this is even worse. He writes:
“Worst still is the case of Medha Patkar. She has recently been convicted of criminal defamation for something she said against some gentleman in 2001 -- that is 23 years ago (equivalent to more than one-and-a-half life sentences).”
There is likely to be an appeal against this, so the case appears like to continue.
The learned judge has further raised the question that should not her sufferings over a very long period of the legal battle be an important matter of consideration?
These questions and issues raised by such a senior and highly learned former judge of the Supreme Court deserve attention. Many people including those in leadership roles take pride in India being a mature democracy and so this should also be reflected in decisions regarding renowned writers and social activists who have been honoured at national and international levels.
Any mature democracy may find several people disagreeing with its most famous writers and activists but they would never like to see them in prison even if they have made the mistake of saying something unjustified once in a while. Showing all the maturity of leaders of mature democracies, complainants in such cases should withdraw these cases.
---
*Honorary convener, Campaign to Save Earth Now, has received several prestigious journalism awards

Comments

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar* Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

A groundbreaking non-violent approach: Maharishi’s invincible defense technology

By MajGen (R) Kulwant Singh, Col (R) SP Bakshi, Col (R) Jitendra Jung Karki, LtCol (R) Gunter Chassé & Dr David Leffler* In today’s turbulent world, achieving lasting peace and ensuring national security are more urgent than ever. Traditional defense methods focus on advanced weapons, military strategies, and tactics, but a groundbreaking approach offers a new non-violent and holistic solution: Maharishi’s Invincible Defense Technology (IDT).

Govt of India asked to work for release of 217 Indian fishermen detained in Pakistan since 2021

By A Representative Members of the fishing communities from Gujarat and Diu, Union Territory, held a press conference in Ahmedabad, urging the Union Government to take proactive measures to secure the release of Indian fishermen currently detained in Pakistan. Presently, 217 Indian fishermen, mostly from Gujarat and Diu, are held in Pakistan’s Malir Jail. Of these, 53 have been incarcerated since 2021 and 130 since 2022.

This book examines dialectics of complex caste and class relationship

By Harsh Thakor* In Caste and Revolution by N. Ravi, the author addresses questions raised by Dalit and Bahujan intellectuals inspired by revolutionary parties. These questions center on caste issues and seek to formulate a profound diagnosis to chart a path toward the annihilation of caste. The book explains how caste-based feudalism and comprador bureaucratic capitalism intertwine to perpetuate the caste system. It asserts that only the path of a New Democratic Revolution can eradicate caste. The book delves into the need for an equal position for oppressed castes in all layers of society to abolish caste discrimination and oppression. It offers an analytical diagnosis, a penetrating navigation, and a detailed account of the dialectics of caste and class across diverse spheres. Annihilation of Caste and the New Democratic Revolution A revolutionary party develops a perspective document on the caste question, integrating its understanding of caste and the program for caste annih...

34 Dalit families in IIT Kanpur without toilets in Open Defecation Free India

By Sandeep Pandey When Indian Institute of Technology at Kanpur was set up in 1959, two villages were uprooted. The farmers were given meagre compensation for the standing crop. No compensation was given for the land to build this institute of national importance. Each family was promised a job but what was not told to them was that one would require specialised skills to get a job at IIT. Some members of these families were, of course, absorbed for menial work. Some washerfolk families were also invited from outside to live on campus to take care of the laundry needs of students, staff and faculty members. One of these men was cajoled by IIT authorities then to forego a regular employment at IIT and instead take up clothes washing work.

प्राकृतिक संसाधनों के दोहन करने की प्रतिस्पर्धा: बढ़ रही पर्यावरणीय और सामाजिक चुनौतियां

- राज कुमार सिन्हा प्राकृतिक संसाधनों और कॉमन्स, जैसे सामुदायिक भूमि, वन, चारागाह और जल निकाय स्थानीय समुदायों के लिए महत्वपूर्ण हैं जो इन संसाधनों पर निर्भर हैं और उनके सतत् उपयोग एवं संरक्षण के लिए पीढ़ियों से प्रयासरत हैं। कॉमन्स न केवल हमारी पारिस्थितिकी को संतुलित रखते हैं, बल्कि ग्रामीण आजीविका, जैव विविधता, और जलवायु अनुकूलन के लिए भी महत्वपूर्ण हैं। दुर्भाग्यवश, हर साल इन संसाधनों में 4% की कमी आ रही है, जिससे पर्यावरणीय और सामाजिक चुनौतियां बढ़ रही हैं। इन कॉमन्स के संरक्षण और पुनरुद्धार के लिए दीर्घकालीन योजना पर कार्य करने की आवश्यकता है। जिससे एक बेहतर, समान और टिकाऊ भविष्य का निर्माण हो सके।

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

બેટ દ્વારકામાં માત્ર મુસ્લિમ ઘરો અને ધાર્મિક સ્થળો પર બુલડોઝર કાર્યવાહી: તાત્કાલિક રોકવાની માંગ

- પ્રતિનિધિ દ્વારા બેટ દ્વારકામાં મુસ્લિમ સમુદાયના ઘરો અને ધાર્મિક સ્થળો પર તંત્ર દ્વારા થયેલી બુલડોઝર કાર્યવાહી સામે સામાજિક આગેવાનો અને નાગરિકોમાં ભારે વિરોધ જોવા મળી રહ્યો છે. સ્થાનિકોમાંથી કેટલાક દ્વારા ગુજરાતના મુખ્યમંત્રીને લેખિતમાં રજૂઆત કરવામાં આવી છે, જેમાં આ કાર્યવાહી તાત્કાલિક રોકવાની માંગ ઉઠાવવામાં આવી છે.

Search This Blog