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

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.