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

India's chemical industry: The missing piece of Atmanirbhar Bharat

By N.S. Venkataraman*  Rarely a day passes without the Prime Minister or a cabinet minister speaking about the importance of Atmanirbhar Bharat . The Start-up India scheme is a pillar in promoting this vision, and considerable enthusiasm has been reported in promoting start-up projects across the country. While these developments are positive, Atmanirbhar Bharat does not seem to have made significant progress within the Indian chemical industry . This is a matter of high concern that needs urgent and dispassionate analysis.

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Remembering a remarkable rebel: Personal recollections of Comrade Himmat Shah

By Rajiv Shah   I first came in contact with Himmat Shah in the second half of the 1970s during one of my routine visits to Ahmedabad , my maternal hometown. I do not recall the exact year, but at that time I was working in Delhi with the CPI -owned People’s Publishing House (PPH) as its assistant editor, editing books and writing occasional articles for small periodicals. Himmatbhai — as I would call him — worked at the People’s Book House (PBH), the CPI’s bookshop on Relief Road in Ahmedabad.

Ahmedabad's Sabarmati riverfront under scrutiny after Subhash Bridge damage

By Rosamma Thomas*  Large cracks have appeared on Subhash Bridge across the Sabarmati in Ahmedabad, close to the Gandhi Ashram . Built in 1973, this bridge, named after Subhash Chandra Bose , connects the eastern and western parts of the city and is located close to major commercial areas. The four-lane bridge has sidewalks for pedestrians, and is vital for access to Ashram Road , Ellis Bridge , Gandhinagar and the Sabarmati Railway Station .

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.

No action yet on complaint over assault on lawyer during Tirunelveli public hearing

By A Representative   A day after a detailed complaint was filed seeking disciplinary action against ten lawyers in Tirunelveli for allegedly assaulting human rights lawyer Dr. V. Suresh, no action has yet been taken by the Bar Council of Tamil Nadu and Puducherry, according to the People’s Union for Civil Liberties (PUCL).

Farewell to Robin Smith, England’s Lionhearted Warrior Against Pace

By Harsh Thakor*  Robin Smith, who has died at the age of 62, was among the most adept and convincing players of fast bowling during an era when English cricket was in decline and pace bowling was at its most lethal. Unwavering against the tormenting West Indies pace attack or the relentless Australians, Smith epitomised courage and stroke-making prowess. His trademark shot, an immensely powerful square cut, made him a scourge of opponents. Wearing a blue England helmet without a visor or grille, he relished pulling, hooking and cutting the quicks. 

Muslim women’s rights advocates demand criminalisation of polygamy: Petition launched

By A Representative   An online petition seeking a legal ban on polygamy has been floated by Javed Anand, co-editor of Sabrang and National Convener of Indian Muslims for Secular Democracy (IMSD), inviting endorsements from citizens, organisations and activists. The petition, titled “Indian Muslims & Secular Progressive Citizens Demand a Legal Ban on Polygamy,” urges the Central and State governments, Parliament and political parties to abolish polygamy through statutory reform, backed by extensive data from the 2025 national study conducted by the Bharatiya Muslim Mahila Andolan (BMMA).

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 ...