PUCL condemns prosecution of Arundhati Roy, Shwkat Hussain, demands withdrawal of LG’s order
New Delhi: The decision by Delhi Lieutenant-Governor Vinay Kumar Saxena to grant the Delhi Police sanction to prosecute renowned writer Arundhati Roy and former Professor of International Law at Central University of Kashmir, Sheikh Showkat Hussain, has sparked condemnation from the People's Union for Civil Liberties (PUCL). The charges stem from speeches made by Arundhati Roy and others at a convention on Kashmir, titled 'Azadi: The Only Way,' organized in New Delhi in October 2010.
The PUCL has voiced its strong objection, expressing shock over the sudden resurgence of a 2010 case, more than a decade after the alleged incident. The case revolves around speeches that allegedly fall under the Indian Penal Code's provisions related to 'promoting enmity between different groups' (Section 153-A), 'imputations or assertions prejudicial to national integration' (Section 153-B), and statements conducing to mischief (Section 505). While the Lieutenant-Governor acknowledged that Roy's speech could be construed as sedition (Section 124-A), he refrained from granting prosecution sanction under this section due to a directive from the Supreme Court issued on May 5, 2022. The Supreme Court had directed a stay on all pending trials, appeals, and proceedings related to charges framed under Section 124-A (Sedition) of IPC until the matter was referred to a Constitution Bench on September 12, 2023.
PUCL argued that a mature constitutional democracy should not prosecute speech that lacks a direct causal connection to violence or disorder. Many find it shameful that an FIR was registered for a speech that did not incite any form of violence. Arundhati Roy, a celebrated Indian author, is known for amplifying the concerns of marginalized voices through her writing. She has addressed issues such as Indian nuclear tests, dam projects on the Narmada River, and the US war in Iraq, shedding light on the human costs of nuclear technology, development, and war.
“It does great disservice to the Modi government’s belief that India is the ‘mother of democracy’, when the ‘mother’ prosecutes one of her most illustrious children. Arundhati Roy is one of India’s most eminent writers who has used her writing to amplify the concerns of those whose voices are ignored or muted. In her writing be it on the Indian nuclear tests, the dams on the Narmada or of the US war on Iraq she has sought to remind Indians and indeed the inhabitants of the world of the human costs of nuclear technology, development and war.
“Her voice matters in contemporary India because her essays though crafted in a highly individual, poetic and literary voice, ‘rose from the heart of a crowd’. She characterised her own writing as not ‘neutral commentary’, but rather as ‘just another stream that flowed into the quick, immense rushing currents that I was writing about.’ By writing about issues which the powerful would rather forget, she forged her ‘contribution to our collective refusal to obediently fade away’.” a press statement from PUCL stated.
Roy's writing, characterized by its individualistic, poetic, and literary style, has emerged as a powerful force for social change. She views her work not as 'neutral commentary' but as an integral part of a collective refusal to fade away silently. Her dissenting voice has become essential in contemporary India, reminding citizens of the human impact of critical issues often overlooked by the powerful.
In constitutional democracies, voices like Roy's play a crucial role. Dissent, they argue, is the lifeblood of democracy. Mahatma Gandhi famously spoke about the importance of dissent during his prosecution for sedition in colonial times, emphasizing that speech should have the 'fullest expression,' with the only limitation being the promotion of violence, it added.
“`Speech’ in Gandhi’s words, should have the ‘fullest expression’, with the only limit point being the promotion of violence. The jurisprudence of the Supreme Court also limits the understanding of sedition to speech which directly results in or incites violence. In Balwant Singh v. State of Punjab in 1995, the Supreme Court adjudicated the question as to whether shouting slogans including, “Khalistan Zindabad” in a crowd the day Indira Gandhi was assassinated amounted to sedition. The Supreme Court noted, ‘We find it difficult to hold that upon the raising of such casual slogans, a couple of times without any other act whatsoever the charge of sedition can be founded.’ The Supreme Court went on to chastise the policemen who filed the case, stating that, ‘It does not appear to us that the police should have attached much significance to the casual slogans raised by two appellants, a couple of times and read too much into them’
“Indian democracy is not so fragile as to be threatened by the expression of a dissenting opinion. The LG granting sanction to prosecute is a particularly egregious and constitutionally suspect exercise of state power as is evidenced by the fact that even thirteen years post the utterance of the words those words have not resulted in any violence,
“Arundhati Roy is being prosecuted for ‘worrying the edges of the human Imagination’ for writing as if ‘the only thing worth globalizing is dissent’ and believing that dissent is ‘India’s best export’. This is a tragedy for a country which prides itself as being the ‘mother of democracy’,” the statement further added.
The PUCL advocated for the withdrawal of the prosecution against both Arundhati Roy and Sheikh Showkat Hussain, stressing that Indian democracy should be robust enough to withstand dissenting opinions without resorting to legal action against individuals expressing their views.
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AIITA welcomes Karnataka’s ban on obscene songs in school events
Bhatkal: The Karnataka unit of the All India Ideal Teachers Association (AIITA) has welcomed the Karnataka government’s decision to strictly ban school children from dancing to obscene songs during educational and cultural programmes in government, aided, and private schools across the state.
AIITA Karnataka State President M. R. Manvi congratulated the government for taking what he termed an important step to preserve the sanctity of education.
“Such decisions to safeguard the dignity of school children and uphold the values of education are the need of the hour. This rule should not be limited to government schools alone but must be strictly implemented in all private educational institutions as well,” he said.
He further urged the government to address other concerns within school programmes.
“The government should not only prohibit obscene dances in the name of school anniversaries, but also ensure that plays and dialogues that incite religious hatred are avoided. Schools should be centres of harmony, not platforms for spreading hatred,” he added.
According to a recent circular issued by the Department of School Education and Literacy, obscene dances are adversely affecting the mental health and moral values of students.
In this regard, schools have been advised to use songs that promote nationalism, positive thinking, the greatness of Kannada culture, and value-based traditions instead of inappropriate content during programmes.
The circular also emphasises that students should be dressed in decent attire.
AIITA also backed the department’s warning that disciplinary action would be taken against head teachers if such guidelines are violated. The association has further demanded that district Deputy Directors of Public Instruction strictly monitor the implementation of these rules.
