Skip to main content

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

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। 

'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. 

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.

CASR urges immediate halt to Operation Kagaar, calls for peace talks with Maoists

By A Representative   The Campaign Against State Repression (CASR), a collective of over 40 civil society organizations, has issued a press statement demanding an immediate end to "Operation Kagaar" and alleged state-led killings of Maoist rebels and indigenous people in central India. The group also called on the central government to create a conducive environment for initiating peace talks with the banned Communist Party of India (Maoist).

Maoist call for peace talks: A democratic opening amidst state repression?

By Harsh Thakor*  The readiness of the CPI (Maoist), a banned organisation, for peace talks is seen as signifying a democratic gesture that should be welcomed by all who uphold democratic values. The ongoing conflict under ‘Operation Kagaar’ in Central India represents a clash between alleged state aggression and self-defence by oppressed communities. Critics argue that the Indian government has violated constitutional principles by promoting corporate expansion in Adivasi regions under the pretext of development, endangering the lives and livelihoods of local populations.

How Mumbai University crumbles: Not just its buildings

By Rosamma Thomas*  In recent days, the news from the University of Mumbai has been far from inspiring – clumps of plaster have fallen off the ceiling at the CD Deshmukh Bhavan, and it was good fortune that no one was injured; creepy crawlies were found in the water dispenser that students use to collect drinking water, and timely warning videos circulated by vigilant students have kept people safe so far.

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.

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.

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...

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.