Intimidating atmosphere, as 'ramshackled' judiciary refuses to question authorities

By Vidya Bhushan Rawat*
The recent raid on the newsportal “Newsclick” by the Enforcement Directorate (ED) unambiguously shows how the government 'respects' those voices that differ. The ED these days has become the new CBI and is being used as a political tool. It is deeply disturbing how these agencies have allowed themselves to be used as a political tool to harass the opponents of the ruling party.
While the big media has failed and turned into a loudspeaker of the ruling party, the government is not satisfied with the support it is getting from it. Maybe the ruling politicians have come to realise that big media houses have lost their credibility and people have started switching over to alternative media, which may not be as big but are definitely 'taller' than the courtiers. Hence the intimidation.
Rules and regulation these days appear to be meant to control the opponents. One can see how a comedian is arrested on the comments he never made. A top minister announces that Rs 18,000 will be deposited in the bank accounts immediately after 'their' government comes to power in West Bengal without any fear, with spineless courtiers singing songs of his 'valour'. None question that this as unethical and pure bribery of voters. We still wait to hear from the Election Commission what it has to say about it.
A young climate activist from Bengaluru was recently arrested for 'uploading' a 'toolkit' on twitter. There are voices which accuse her of sedition, of favouring Khalistani terrorism! The court 'accepted' the plea of the agencies and sent her to remand. These days we don't see much questioning of authorities. There is a simple acceptance of what they demand. There is no demand for justice, yet there is 'punishment'. Perhaps the power to 'punish' is becoming a glamour for the powers-that-be.
The “Washington Post” recently revealed that the Bhima Koregaon 'evidence' was planted in the computers of the accused by hacking. Yet we did not hear any outrage in the media. The intimidation is growing. We soon will have a social media policy. The party which used social media to divide people and intimidate them is seeking to 'regulate' it. Reading, speaking and participating in debates and discussion is fast becoming a crime. Those who are spreading hatred are enjoying the patronage and can say anything to anyone. Only those who respond to such hatred face the music.
Recently, Rajya Sabha member Ranjan Gogoi said that our judiciary was 'ramshackled' and it needed change. I am not sure why he was upset, but the way things are happening, it is not good for our democratic set up. Gogoi virtually mocked the 'training courses' at the National Judicial Academy in Bhopal, advising them to 'train' the judges about how to write judgments!
While Gogoi, a former chief justice of India, was upset about non-appointment of the judges at various high courts and Supreme Court, those who really value judiciary as the most important institution of a liberal and free democracy would be disappointed at the way our courts have 'prioritised' cases.
Courts are virtually 'accepting' things presented by the executive most of the time. It has no time to ask agencies why chargesheets have not been filed even after two years of the arrests of activists. The biggest disappointment is that while people are languishing in jails for many years without any chargesheet, we don't see any outrage or anger in the courts against the executive.

People may call former chief justice Ranjan Gogoi a hypocrite but somewhere he spoke the truth on judiciary being ramshackled

Eminent lawyer Sudha Bharadwaj languishes in the jail without chargesheet. Over 90% physically disabled GN Saibaba continues to face humiliation with continuous incarceration in Nagpur Jail as one of 'biggest criminals' of India. Reports suggest that he has contracted Covid and is already ailing. There seems to be no respect for basic human values.
An intimating atmosphere is ruling the roost. You can't love the person of your choice. You can't eat food of your choice. You can't watch anything of your choice as that “hurts” feeling those in power. We appear to be turning into a feudal society which wants to control everything. It seems, for everything, we will have to take permission from the state. Where do people get protection and justice? Those who are threatening are roaming free in the name of 'rastrabhakti', while agencies trap and intimidate the political opponents and dissenters.
Where will all this take India to? Americans fought because they had vibrant institutions. The judiciary and media actually were in the forefront in protecting people's rights. But back home here we are distressed. What are the avenues for the people to get justice?

Is there any chance that those who disagree will not be incarcerated for an indefinite period, and in the name of justice you will only get a date for next hearing? An ailing Varavara Rao has not been able to get bail because the courts don’t seem to be convinced. In the Arnab Goswami case, Justice Chandrachud loudly said jail is an exception and bail should be the rule. But is it being implemented?
We may moan about the quality of media and social media. But the biggest worry is the judiciary. People may call Ranjan Gogoi a hypocrite but somewhere he spoke the truth on 'judiciary being ramshackled'.
---
*Human rights defender

Comments

Anonymous said…

Whether the judiciary is ramshackled or otherwise - what right has a ramshackled gogoi to criticize others. The only "men" in this country are Mohua Moitra and the TMC. Over time unfortunatley Rahul baba has more than earned the title of "pappu". Until he and his mother and sister quit - the BJP will remain in power and this ramshackled country will head to certain disaster

February 21, 2021

'Enough evidence' in Indian tradition to support legal basis for same-sex marriage

By Iyce Malhotra, Joseph Mathai, Sandeep Chachra* The ongoing hearing in the Supreme Court on same-sex marriage provides space for much-needed conversations on issues that have hitherto remained “invisible” or engaged with patriarchal locker room humour. We must recognize that people with diverse sexualities and complex gender identities have faced discrimination, stigma and decades of oppression. Their issues have mainly remained buried in dominant social discourse, and many view them with deep insecurities.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

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.

Victim of communal violence, Christians in Manipur want Church leadership to speak up

By Fr Cedric Prakash SJ* The first eleven days of May 2023 have, in many ways, been a defining period of Indian history! Plenty has happened in a rapid-fire stream of events. Ironically, each one of them are indicators of how crimes and the criminalisation of society has become the ‘new norm’; these include, the May Day rallies with a focus on the four labour codes which are patently against the rights of workers; the U S Commission on International Religious Freedom (USCIRF) released its Annual Report on 1 May stating that conditions for religious freedom in India “continued to worsen in 2022”; the continued protest by the Indian women wrestlers at Jantar Mantar for the expulsion of the chief of the Indian Wrestlers Federation on very serious allegations; the Elections in Karnataka on 10 May (with communalism and corruption as the mainstay); the release of the fake, derogative and insensitive film ‘The Kerala Story’; the release of World Free Press Index on 3 May which places India

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam* The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

Polygamy in India "down" in 45 yrs: Muslims' from 5.7 to 2.55%, Hindus' 5.8 to 1.77%, "common" in SCs, STs

By Rajiv Shah Amidst All India Muslim Personal Law Board (AIMPLB) justifying polygamy, saying it “meets social and moral needs and the provision for it stems from concern and sympathy for women”, facts suggest the the practice is down from 5.7 per cent of Muslim families in 1961 to 2.55 per cent in 2006.

India joining US sponsored trade pillar to hurt Indian farmers, 'promote' GM seeds, food

Counterview Desk As many as 32 civil society organisations (CSOs), in a letter to Union Commerce Minister Piyush Goyal on the Indo-Pacific Economic Framework (IPEF) and India joining the trade pillar, have said that its provisions will allow the US to ensure a more favourable regulatory regime “for enhancing its exports of genetically modified (GM) seeds and GM food”, underlining, it will “significantly hurt the livelihoods of Indian farmers.”

Modi govt 'wholly untrustworthy' on Covid data, censored criticism on pandemic: Lancet

By Rajiv Shah* One of the world’s most prestigious health journals, brought out from England, has sharply criticised the Narendra Modi government for being “wholly untrustworthy on Covid-19 health data”, stating, the “official government figures place deaths at more than 530 000, while WHO excess death estimates for 2020 and 2021 are near 4·7 million.”

Savarkar 'opposed' Bhagat Singh's, Netaji's dream of India, supported British war efforts

By Shamsul Islam* In a shocking development, the student wing of the RSS put the busts of martyrs Bhagat Singh and Subhash Chandra Bose with Savarkar's on one pedestal at the University of Delhi late in the night on August 20, 2019. Bhagat Singh sacrificed his life for a socialist-democratic-secular republic and Netaji raised Azad Hind Fauj (INA) consisting of people of all religions and regions for armed liberation of India.

Undermining law, breastfeeding? Businesses 'using' celebrities to promote baby food

By Rajiv Shah* A report prepared by the top child welfare NGO, Breastfeeding Promotion Network of India (BPNI), has identified as many as 15 offenders allegedly violating the Indian baby food law, the Infant Milk Substitutes Feeding Bottles, and Infant Foods (Regulation of Production, Supply and Distribution) Act 1992, and Amendment Act 2003 (IMS Act), stating, compliance with the law “seems to be dwindling by the day.”

Search This Blog