The hounding of Arundhati Roy shows there’s still no room for dissent in India

Salil Tripathi in The Guardian

Some thought the BJP’s reduced majority after recent elections would humble it. Tell that to the Booker prize-winning author

This month, the highest ranking bureaucrat of the state of Delhi, Vinai Kumar Saxena, gave his permission for the Delhi police to prosecute Arundhati Roy and Sheikh Showkat Hussain for remarks they made at a public event 14 years ago. The opposition Aam Aadmi party governs Delhi, but the capital’s police reports to the central government’s home ministry. While the prime minister, Narendra Modi, lost his parliamentary majority in the recently concluded elections, the prosecution of Roy shows that those who expected a chastened government willing to operate differently are likely to be disappointed.

Hussain and Roy are to be tried for making speeches at a conference called Azadi [Urdu for “freedom”]: The Only Way, which questioned Indian rule in the then state of Jammu and Kashmir. Hussain is a Kashmiri academic, author and human rights activist. Roy is among India’s most celebrated authors, with a wide following around the world.

After Roy won the Booker prize in 1997, for The God of Small Things, she became the nation’s darling. It was the year of India, in a sense: the 50th anniversary of India’s independence, and the year Salman Rushdie, the first Indian-born winner of the Booker, published a volume anthologising new Indian literature. Roy was a fresh voice from the still young, post-independence India, reminding us of the multitude of stories from the subcontinent not yet told. She became an idol to be followed and imitated. Indeed, in Mira Nair’s 2001 film Monsoon Wedding, a character who wants to pursue creative writing at an American university is told by an uncle: “Lots of money in writing these days. That girl who won the Booker prize became an overnight millionaire.”

But many of those uncles – powerful and privileged – are no longer happy with Roy. When Saxena announced that Roy could be prosecuted under India’s draconian Unlawful Activities (Prevention) Act (UAPA), because she had said at this event that Kashmir had never been an “integral” part of India, there was outrage abroad from intellectuals and writers’ organisations, but responses in India were less spirited. While politicians such as Mahua Moitra of the Trinamool Congress were prompt in criticising the move, others on social media commended the government and gleefully admonished those who defended Roy. Their reasoning: Roy was “anti-national”, unpatriotic, sympathising with terrorists, and needed to face the full force of the law.

The UAPA is a draconian law – being granted bail is extremely difficult, and the accused can be taken into custody before the trial even begins. And the proceedings may not begin for years, as has happened to several leading dissidents during the Modi years. But its use against Roy in this case is puzzling. Lawyers have pointed out procedural gaps: it is not known if the Delhi police has filed a formal report, known as “charge sheet”, after conducting investigations, which is necessary before prosecution can begin. India’s highest court requires the authorities to explain why they wish to use the UAPA, and Saxena’s order offers no explanation. Nor does a 14 June note published on social media that carries his signature. Under UAPA, central government approval is necessary before prosecution can begin, and the authority can grant such permission only after there has been an independent review of evidence gathered. It is not known publicly if any of those steps have been taken, raising profound questions about the legality of the approval itself. Some lawyers believe that the government may have invoked the UAPA to sidestep the legal bar of the statute of limitations.

Despite this travesty, if Roy is not getting an outpouring of public sympathy, it has to do with how India has changed in the past quarter of a century. Its elite are keen to shed the past image of a poor, struggling country. India deserves a seat at the main table, they say; and dissidents and writers who question Indian policies are inconvenient do-gooders whose pessimism interferes with India’s ascent. On significant issues on which much of India’s majoritarian, powerful elite believes there is consensus, Roy is the naysayer.

Consider Roy’s views on Kashmir, the disputed territory over which India and Pakistan have gone to at least three wars, and where Pakistan-supported insurgents have sought independence. The Indian army has stationed tens of thousands of troops there, and human rights groups have accused the Indian state and extremist groups of abuses. Roy has listened to Kashmiri voices and challenged India’s human rights record for more than a decade. She has persistently opposed India’s governing consensus and conduct in Kashmir – her last novel, The Ministry of Utmost Happiness – describes the Kashmir crisis graphically. Triumphalist Indians don’t like to hear such criticism.

Nor do many Indians like her questioning the wisdom of building large dams to produce electricity or irrigate farms. Building dams was the dream of India’s first prime minister, Jawaharlal Nehru; he called dams “temples of modern India”. The dams helped farms and generated power, and well-meaning development experts questioned Roy’s stance. But Roy showed how they also displaced hundreds of thousands of people. The dispossessed saw the mandatory land acquisitions as a land grab by the powerful.

Roy has also written critically of Gandhi’s views on the “untouchable” caste Dalits, calling them discriminatory and patronising, and has been a vocal critic of India’s nuclear tests and arsenal. These views offend India’s conservative and liberal opinion. India’s peaceniks admire Gandhi; India’s Hindu nationalists hate Gandhi but love the bomb. The fact that she wins accolades abroad, and prominent western publications give her space to write, rattles and rankles them even more. The powerful in India want to hear only praise; Roy keeps reminding the world of the rot within.

Whether or not Roy gets prosecuted remains to be seen; prosecuting authorities may feel the evidence isn’t enough, or much time has passed, and her lawyers may succeed with their procedural objections. The government too may prefer the ambiguity, hoping that the threat of prosecution might keep her, and other dissidents, silent.

But one thing is certain: it was wrong to assume that Modi has changed. Pursuing someone as high-profile as Roy is the government’s way of warning critics that they must not expect anything different. The sword hangs over the critics; Roy reminds us why the pen must remain mightier than the sword.

Land Jihad - Graves used for land grab

 

Pakistan's Brave Judge

Najam Sethi in The Friday Times

Justice Athar Minallah, Chief Justice of the Islamabad High Court, has made history. He has ordered the Capital Development Authority (CDA) to knock down the Pakistan Navy’s Sailing Club House on the edge of the Rawal Dam in Rawalpindi as well as the Monal Restaurant in Islamabad and seize the Margalla Greens Golf Club in the Capital, because these have been built illegally on land belonging to the Margalla Hills National Park. He has thus outlawed the military’s claim to about 8000 acres of such land. Most significantly, the good judge has expressed the view that the Pakistan Navy does not have the authority to undertake a real estate development venture, nor the right to lend its name to any such enterprise.

Naturally, this judgment has warmed the cockles of millions of Pakistani hearts even as it has raised the hackles of powerful people lording it over unaccountable state institutions which have similar illegal stakes in real estate across the country. For starters, the Auditor General of Pakistan has revealed a list of 79 “encroachments” on the land of the Margalla Hills National Park, noting that several government bodies – CDA, Metropolitan Corporation Islamabad, Islamabad Wildlife Management Board, etc. – claim the right to control and manage the area, making the job of adjudication of rights and permissions difficult.

Justice Minallah’s judgment has also ignited questions of how courts have earlier dealt with such matters relating to the rich and powerful as opposed to the poor or feeble. In recent times, two cases have roused public indignation and in both the courts have been inclined to bend over backwards to appease powerful stakeholders. The first is that of Imran Khan’s sprawling multi-billion rupee estate in Bani Gala which was illegally constructed many years ago and brazenly “regularized” by the CDA on orders of Justice Saqib Nisar. In pursuit of this court order, the wretched chairman of the CDA who sent a questionnaire to Imran Khan regarding the property was swiftly dispatched to the nether lands and the journalist who quoted a news report exposing the PM’s shenanigans was served with a “show cause notice” by PEMRA. The second is a high rise luxury apartment construction at 1 Constitution Avenue Islamabad, a list of whose owners reads like a Who’s Who of the high and mighty (Imran Khan was one such). This building again, was “regularized” by the Saqib Nisar court, in sharp contrast to the demolition orders of lesser structures and lay encroachments in Karachi ordered recently by the Chief Justice of Pakistan, Gulzar Ahmed.

This is just the tip of the iceberg. The highway robbery began at the time of partition in 1947 when tens of billions worth urban and rural evacuee property of Hindus and Sikhs was seized by the new lords of the state and distributed freely over the years to their favoured assets and allies regardless of merit or due process. In time, the parliaments of the state began to make laws for cheap acquisition of lands and properties belonging to Pakistanis for the avowed purpose of building public parks, educational institutions or military security and defense installations. These land were then leased out at throwaway rates to favoured institutions and individuals, only for the latter to quietly transform these into high value, exorbitantly profitable commercial ventures in the private sector (housing societies, clubs, marriage halls, golf courses, etc). And that is how “Military Inc.” irresistibly came to be the leading “businessman” in Pakistan, owning airlines, shipping, hotels, banks, insurance, food, fertiliser, cement, housing, you name it. This is why Justice Minallah’s recent judgment is something to write home about. Earlier, he had put a stop to the practice of the civil bureaucracy allotting valuable residential and commercial plots to themselves and judges at throwaway prices to ensure protection against land-grabbing claims and law-bending practices, thus casting the first few stones at the established disorder. Which other court or judge will follow his laudable example and make these singular milestones in Pakistani history?

The Supreme Court is now faced with another public interest challenge. The Supreme Court Bar Association led by lawyer Ahsan Bhoon has filed a petition challenging the lifetime disqualification of PMLN’s Nawaz Sharif and PTI’s Jehangir Tareen from holding public office for not being “sadiq and ameen”. This petition follows revelations of high level judicial impropriety, misconduct and political bias by ex-CJP Saqib Nisar (that name again!) made by ex-CJ Gilgit-Baltistan, Rana Shamim, aimed at knocking out Nawaz Sharif from politics. To prepare the ground further for appropriate judicial review, the ex-Secretary of the PTI, Ahmed Jawad, has now come out of the closet to level accusations of judicial and military manipulation to oust Nawaz Sharif from office and hoist Imran into it. His allegation that Supreme Court judges disqualified Jehangir Tareen in order to “balance” their unfair ouster of Nawaz Sharif is bound to impact the trial and appeals of Mr Sharif in multiple cases and help pave the way for the judiciary to reclaim its lost credibility. It is significant that Justice Athar Minallah is also seized of adjudicating the allegations of ex-CJ GB Rana Shamim, and he will now be hard pressed to include the testimony of Ahmed Jawad in his deliberations.

Is Justice Athar Minallah the man of the moment? The history man?