Skip to main content

#StandWithStan: It's about Constitution, democracy and freedom of expression

By Fr Cedric Prakash SJ* 

It is more than three weeks now: On the night of October 8, 2020, the 83-year-old Jesuit Fr Stan Swamy was taken into custody by the National Intelligence Agency (NIA) from his residence in Ranchi to an undisclosed destination. According to his colleagues, the NIA did not serve a warrant on Fr. Stan and that their behaviour was absolutely arrogant and rude.
The next morning, he was forcibly flown to Mumbai, where he was immediately produced before a special court and then sent to the Taloja Jail just outside the city. Fr Stan is sickly and feeble; it is over three weeks now since he is in jail. He was already denied bail once. No one knows how long he will be kept in jail and/or whether he will survive the ordeal.
There is, however, a national outrage from civil society. Protests are being held everywhere and so are prayer services. Webinars, press conferences, social media interventions(#StandWithStan) and other programmes are held every day and everywhere, demanding his immediate and unconditional release. The UN High Commissioner for Human Rights, Michelle Bachelet, has also demanded his release and so have others the world over. 
We must stand with Fr Stan Swamy now for several significant reasons.
Stand with Stan now because he epitomises all that is good in the Gospel of Jesus and the Constitution of India. He has always radiated compassion, truth, justice, liberty, equality, non-violence and fraternity. He spoke about these values, he taught them, he embraced them and lived them. This is exactly what Jesus did and does -and expects each of his disciples to do the same today! We have to promote and protect the sanctity of the Constitution for the generations which will follow us!
Stand with Stan now because he is by default the face of several others languishing in jail. Those, who like him, are illegally incarcerated in the Elgar Parishad/ Bhima- Koregaon case like Sudha Bharadwaj, (human rights lawyer and activist from Chhattisgarh),Varavara Rao (78-year-old Activist, writer and poet from Andhra Pradesh; he is currently very sick),Anand Teltumbde (70-year-old Dalit scholar and activist), Arun Ferreira(advocate and human rights’ activist from Mumbai),Vernon Gonsalves (civil rights activist and former professor at Mumbai University),Sudhir Dhawale (writer and Mumbai-based Dalit rights activist),Shoma Sen (professor at Nagpur University),Surendra Gadling (a UAPA expert and lawyer from Nagpur),Mahesh Raut (a young activist on displacement issues from Gadchiroli),Rona Wilson (Delhi-based prisoners’ rights activist), Gautam Navlakha (Delhi-based journalist and civil rights activist),Hanybabu Tarayil (DU Professor)and three members of the Kabir Kala Manch, Sagar Gorkhe, Ramesh Gaichor and Jyoti Jagta; besides these, there are several others like Umar Khalid and Sai Baba; some anti-CAA protestors who are also in jail on false charges, because they have taken a stand for justice and truth.
Stand with Stan now because his arrest has brought into focus the draconian UAPA (Unlawful Activities Prevention Act). At a recent Media Conference, Opposition Leaders from across the political spectrum have called for an immediate repeal of the UAPA. CPI(M) leader Sitaram Yechury at a virtual conference recently organised by the People Union of Civil Liberties (PUCL): 
“This the Unlawful Activities Prevention Act must go from statute books. It has to be removed. We do not need these sorts of laws that can be misused. The present regime removed checks and balances on UAPA and misused this draconian law. It must go.”
Stand with Stan now because he has shown us what it means to truly accompany and empower the Adivasis. He has struggled alongside with them on issues related to the violation of laws in acquiring land for mega projects for mining and infrastructural development which flout the rights of the downtrodden and tribals. He has been consistently his raising voice in democratic, legitimate ways against the state-sponsored violations of laws and assault on democratic rights of people aimed at paving way for unrestricted exploitation of land and natural resources.
He has questioned the non-implementation of the 5th Schedule of the Constitution why the Panchayats (Extension to Scheduled Areas) Act [PESA], has been ignored. He has expressed disappointment at the silence of the govt on Samatha Judgment, 1997 of the Supreme Court; he has raised his voice at the half-hearted action of the Government on Forest Rights Act, 2006.
He has expressed his apprehension at the recently enacted Amendment to ‘Land Acquisition Act 2013’ by the Jharkhand government which sounds a death-knell for Adivasi Community. He has strongly disagreed with the setting up of ‘Land Bank’ which he sees as the most recent plot to annihilate the Adivasis. He has challenged the indiscriminate arrest of three thousand young Adivasis under the label of ‘naxals’ just because they question and resist unjust land-alienation and displacement.
Church cannot and must not remain on the sidelines in the building of a better world, or fail to reawaken the spiritual energy that can contribute to the betterment of society
Stand with Stan now because he understood and lived the call of ‘Laudato Si’ – even when many of us have been in our comfort zones, cosmeticizing this powerful Encyclical, Stan has had the courage to take on the mining mafia who were destroying the forests, the natural habitat of the Adivasis and looting precious natural resources for their profiteering. He has been living the mandate of Pope Francis:
“The human environment and the natural environment deteriorate together; we cannot adequately combat environmental degradation unless we attend to causes related to human and social degradation. In fact, the deterioration of the environment and of society affects the most vulnerable people on the planet: Both everyday experience and scientific research show that the gravest effects of all attacks on the environment are suffered by the poorest” (#48)…
“Today, however, we have to realize that a true ecological approach always becomes a social approach; it must integrate questions of justice in debates on the environment, so as to hear both the cry of the earth and the cry of the poor.” (#49)
Stand with Stan now because he believes in the Joy of the Gospels. Pope Francis emphasises in ‘Evangelii Gaudium’:
“An evangelizing community gets involved by word and deed in people’s daily lives; it bridges distances, it is willing to abase itself if necessary, and it embraces human life, touching the suffering flesh of Christ in others. Evangelizers thus take on the “smell of the sheep” and the sheep are willing to hear their voice. An evangelizing community is also supportive, standing by people at every step of the way, no matter how difficult or lengthy this may prove to be.(#24).
“I prefer a Church which is bruised, hurting and dirty because it has been out on the streets, rather than a Church which is unhealthy from being confined and from clinging to its own security. (#49) Peace in society cannot be understood as pacification or the mere absence of violence resulting from the domination of one part of society over others. 
"Nor does true peace act as a pretext for justifying a social structure which silences or appeases the poor, so that the more affluent can placidly support their lifestyle while others have to make do as they can. Demands involving the distribution of wealth, concern for the poor and human rights cannot be suppressed under the guise of creating a consensus on paper or a transient peace for a contented minority. 
"The dignity of the human person and the common good rank higher than the comfort of those who refuse to renounce their privileges. When these values are threatened, a prophetic voice must be raised”. (#218) 
Stand with Stan now because in spite of perhaps not having read Pope Francis’ Encyclical ‘Fratelli Tutti’ (which was released on October 4 and Stan was arrested on October 8), he has been living the letter and spirit of this great document. Pope Francis unequivocally states, “For these reasons, the Church, while respecting the autonomy of political life, does not restrict her mission to the private sphere”. 
On the contrary, “she cannot and must not remain on the sidelines" in the building of a better world, or fail to "reawaken the spiritual energy” that can contribute to the betterment of society. It is true that religious ministers must not engage in the party politics that are the proper domain of the laity, but neither can they renounce the political dimension of life itself, which involves a constant attention to the common good and a concern for integral human development.
The Church “has a public role over and above her charitable and educational activities”. She works for “the advancement of humanity and of universal fraternity”. She does not claim to compete with earthly powers, but to offer herself as “a family among families, this is the Church, open to bearing witness in today’s world, open to faith hope and love for the Lord and for those whom he loves with a preferential love. A home with open doors." The Church is a home with open doors, because she is a mother”. And in imitation of Mary, the Mother of Jesus, “we want to be a Church that serves, that leaves home and goes forth from its places of worship, goes forth from its sacristies, in order to accompany life, to sustain hope, to be the sign of unity… to build bridges, to break down walls, to sow seeds of reconciliation”.( #276)
Stand with Stan now because just before his arrest he wrote:
“Over the last two decades, I have identified myself with the Adivasi people and their struggle for a life of dignity and self-respect… In this process, I have clearly expressed my dissent over several policies and laws enacted by the government in the light of the Indian Constitution. I have questioned the validity, legality and justness of several steps taken by the government and the ruling class. If this makes me a ‘deshdrohi’, then so be it. We are part of the process. In a way I am happy to be part of this process.
“I am not a silent spectator, but part of the game and ready to pay the price whatever be it…. I / we must be ready to face the consequences. I would just add that what is happening to me is not unique. Many activists, lawyers, writers, journalists, student leaders, poets, intellectuals and others who stand for the rights of Adivasis, Dalits and the marginalised and express their dissent to the ruling powers of the country are being targeted. Grateful to all who have stood in solidarity with me all these years.” 
Can there be a more motivating reason?
Stand with Stan now because like a true son of St Ignatius he has been walking the talk; giving without ceasing. In keeping with the Universal Apostolic Preferences of the Society of Jesus he was convinced that he had to work with the excluded. He did so in a most unassuming manner, standing up for their rights, ensuring that they live a more dignified life in an environment of justice! Like him, our stand today for him, necessarily has to be visible and vocal!
Stand with Stan now because the harassment, intimidation, the hours of interrogation he has been subject to and his incarceration in Taloja jail is not only unwarranted and illegal but downright inhuman. That an innocent eighty-three-year-old with physical ailments, can be a victim to such horrendous treatment from the ruling regime speaks volumes of the abysmal depths to which the country has fallen into; that too when the country has been gripped by a pandemic which has taken a toll everywhere! All civil behaviour and democratic norms have been thrown to the wind.
We must Stand with Fr Stan Swamy now… Yes, because he is a Christian, a Jesuit, an elderly person and feeble… but we need to stand with Stan for much more than that – it is about the Constitution of India, of India being a democracy, of the rights and freedom of every single citizen, very specially the poor, the marginalised and the excluded; about the future of our country above all simply and selfishly put; today it is him; tomorrow it will be you and me! And then there will be no one left to stand with us!
---
*Human rights and peace activist/writer

Comments

TRENDING

The silencing of conscience: Ideological attacks on India’s judiciary and free thought

By Sunil Kumar*  “Volunteers will pick up sticks to remove every obstacle that comes in the way of Sanatan and saints’ work.” — RSS Chief Mohan Bhagwat (November 6, 2024, Chitrakoot) Eleven months later, on October 6, 2025, a man who threw a shoe inside the Supreme Court shouted, “India will not tolerate insults to Sanatan.” This incident was not an isolated act but a continuation of a pattern seen over the past decade—attacks on intellectuals, writers, activists, and journalists, sometimes in the name of institutions, sometimes by individual actors or organizations.

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

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...

Citizens’ group to recall Justice Chagla’s alarm as India faces ‘undeclared' Emergency

By A Representative  In a move likely to raise eyebrows among the powers-that-be, a voluntary organisation founded during the “dark days” of the Indira Gandhi -imposed Emergency has announced that it will hold a public conference in Ahmedabad to highlight what its office-bearers call today’s “undeclared Emergency.”

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...

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

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 ...

'Violation of Apex Court order': Delhi authorities blamed for dog-bite incidents at JLN Stadium

By A Representative   People for Animals (PFA), led by Ms. Ambika Shukla, has held the Municipal Corporation of Delhi (MCD) responsible for the recent dog-bite incidents at Jawaharlal Nehru Stadium, accusing it of violating Supreme Court directions regarding community dogs. The organisation’s on-ground fact-finding mission met stadium authorities and the two affected coaches to verify details surrounding the incidents, both of which occurred on October 3.