Skip to main content

Denial of bail to 'public intellectuals': Will courts inquire into their writings, speeches?

Varavara Rao
By Vidya Bhushan Rawat*
It is deeply disturbing that 81-year-old poet Varavara Rao has been denied bail and has now been admitted to a hospital in Mumbai. Reports suggest that the prison in Taloja, Navi Mumbai, where he was lodged, has several Covid-19 patient. The family and friends of Varavara Rao have protested in Hyderabad, as they were not even allowed to visit him.
The bail plea of Sudha Bharadwaj, who dedicated her life for the cause of workers and the most downtrodden people in Chhattishgarh by providing legal aid, has also been rejected. She was teaching at a law university.
A civil liberties activist and journalist, Gautam Navlakha, who is 60 plus, has been taken to Mumbai on remand. The Delhi High Court showed displeasure over this but we don’t know what are the police looking from him which can’t be discussed in Delhi.
And, well-known scholar Anand Teltumbde is already in jail, and his bail plea has been rejected by the court.
Another man who is now mostly forgotten is Prof GN Saibaba, who actually needs medical attention and one person to take care of him. He too is also suffering in jail.
One may agree or disagree with all these persons for what they have been writing. I don’t think any one of them was writing against the state of India. They might have spoken against the government, which is not a crime. All of them have spoken for upholding the Constitution of India.
Waging an armed struggle against the state or working against the national integration or its unity and integrity or against the Constitution of India is definitely a crime according to law, but one wonders as to what these people have done in terms of all this.
Did they instigate people to kill, or have they ever written against any community? Rao is a poet, while Teltumbde and Navlakha are human rights defenders as well as public intellectuals in their own right, and have published in all prestigious publications all these years. Bharadwaj is known for her defence of workers’ rights. Saibaba is an academic; he is physically not in a condition to move himself.
Their track record is publicly available and no one can believe that they were some ring leaders or wanting to do an Osama Bin Laden-type act on India. This is absurd, to say the least.
Public intellectuals, or even propagandists, should be identified by their speeches and writings, because except for that they don’t have anything. Most of these people have their writings and speeches available in public domain.
Let a court-sponsored commission look into writings, books, publications, public meetings of all those who are being charge-sheeted
An author or an intellectual will never force himself on people. It is not that everyone was liking their writings or work, but the government’s wrong action has compelled human rights groups to stand with them because the authorities are violating the right to freedom of expression.
It is desirable that the court seeks details of all these cases and converts them into one, or may be forms a commission to look into such matters. Let the commission look into the writings, books, publications, public meetings of all those who are being charge-sheeted.
Sudha Bharadwaj, Anand Teldumbde, Gautam Navlakha
It is ridiculous to charge a person based on heresy or fake narratives and dubious videos being supplied by those who want no freedom of expression. The Supreme Court could have formed a commission and framed categorical guidelines as what constitutes being anti-national and what does not.
Keeping things ambiguous will only aggravate the situation. One wonders why students of Jamia Millia Islamia or Jawaharlal Nehru University (JNU) are being charge-sheeted under the Unlawful Activities (Prevention) Act (UAPA). 
The interesting part is that goons who attacked JNU as well as those who attacked, intimidated and threatened anti-Citizenship Amendment Act (CAA) protesters are enjoying not only full protection but may also be rewarded. Does any criticism amount to being anti-national?
It is essential for the highest court to seriously look into this state of affairs and act. Don’t those who have been arrested for over years deserve a sympathetic hearing and bail? They are respected citizens and are paying their taxes, too. They are not big industrialists who can run away in chartered flights with defrauding public wealth. The thugs who loot people are enjoying patronage while those who raise their voice face the tyranny.
Every country has a legal process and India too has, but it should not look as if the process is more to stifle the voice of the freedom or the rights of the poor. Life of public intellectuals, authors and poets is well known. Surely, the powers-that-be have all the resources to check what have they been writing, whether the writings violate our constitutions or any other international human rights standards.
A democracy is known to respect divergent views and agree to disagree by abiding by the principles of human rights standards. We hope that courts will take this into cognizance and do what is necessary. They must remember: Prisoners too have the right to health and protection from viruses, which is threatening lives.
---
Human rights defender. Source: Author’s Facebook timeline

Comments

TRENDING

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.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.