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

Beyond his riding skill, Karl Umrigar was admired for his radiance, sportsmanship, and affability

By Harsh Thakor*  Karl Umrigar's name remains etched in the annals of Indian horse racing, a testament to a talent tragically cut short. An accident on the racetrack at the tender age of nineteen robbed India of a rider on the cusp of greatness. Had he survived, there's little doubt he would have ascended to international stature, possibly becoming the greatest Indian jockey ever. Even 46 years after his death, his name shines brightly, reminiscent of an inextinguishable star. His cousin, Pesi Shroff, himself blossomed into one of the most celebrated jockeys in Indian horse racing.

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy  Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative   The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.

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...

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। 

State Human Rights Commission directs authorities to uphold environmental rights in Vadodara's Vishwamitri River Project

By A Representative  The Gujarat State Human Rights Commission (GSHRC) has ordered state and Vadodara municipal authorities to strictly comply with environmental and human rights safeguards during the Vishwamitri River Rejuvenation Project, stressing that the river’s degradation disproportionately affects marginalized communities and violates citizens’ rights to a healthy environment.  The Commission mandated an immediate halt to ecologically destructive practices, rehabilitation of affected communities, transparent adherence to National Green Tribunal (NGT) orders, and public consultations with experts and residents.   The order follows the Concerned Citizens of Vadodara coalition—environmentalists, ecologists, and urban planners—submitting a detailed letter to authorities, amplifying calls for accountability. The group warned that current plans to “re-section” and “desilt” the river contradict the NGT’s 2021 Vishwamitri River Action Plan, which prioritizes floodpla...

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor*  A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

Haven't done a good deed, inner soul is cursing me as sinner: Aurangzeb's last 'will'

Counterview Desk The Tomb of Aurangzeb, the last of the strong Mughal emperors, located in Khuldabad, Aurangabad district, Maharashtra, has this epitaph inscribed on it: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e maa ghareebaan gumbad e gardun bas ast" (the rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave).

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor*  In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.

How polarization between different ideological trends within the communist movement sharpened in India

By Harsh Thakor*  This article is a rejoinder to A Note on Slogans of “Left Unity,” “Unity of the Communist Revolutionaries” and “Mass Line” by Umair Ahmed, published on the Nazariya blog .