June 17th 2024.
In a concerning turn of events, it seems that the right to freedom of speech and expression, which is enshrined in our Constitution, is being severely restricted. This has led to the prosecution of renowned writer and activist Arundhati Roy under the draconian Unlawful Activities Act. She is being accused of delivering inflammatory speeches at an event 14 years ago.
The Lt. Governor of Delhi, VK Saxena, has given the go-ahead to prosecute Roy, along with Sheikh Showkat Hussain, a former professor at the Central University of Kashmir. This decision was based on an FIR filed by Kashmiri activist Sushil Pandit in 2010 on the orders of the Court of Metropolitan Magistrate in New Delhi. The complaint was centered around Roy's statement about Kashmir not being recognized as an integral part of India and her support for the secession of Kashmir at a conference called "Azadi – The Only Way." Other speakers at the event included Kashmiri separatist Syed Ali Shah Geelani, SAR Geelani, and poet-activist Varavara Rao.
Since gaining international acclaim for her first book, "The God of Small Things," in 1997, 62-year-old Roy has been actively advocating for various causes, including the independence of Kashmir. She has also been a vocal critic of the current government and its policies, particularly those that affect marginalized communities. Her remarks at the event caused a stir, with protesters gathering outside her home in Delhi. The BJP's women's wing even demanded that Roy either withdraw her statements or leave the country.
Many critics argue that the Unlawful Activities Act is unconstitutional and anti-democratic as it places the burden of proving innocence on the accused rather than on the prosecution to prove guilt. Originally intended for combating terrorism, this law is now being used by the central government to silence dissenting voices – from Kashmiri activists to students in Delhi, and even lawyers, writers, and members of civil society who dare to speak truth to power.
The decision to prosecute Roy has been met with strong condemnation from various political parties, including the Communist Party of India, the National Conference, and the Peoples Democratic Party. They have all emphasized the importance of upholding the fundamental right to free speech, as guaranteed by Article 19 of the Constitution. PDP chief and former Chief Minister of Jammu and Kashmir, Mehbooba Mufti, expressed her shock on social media, stating that it was "shameful" that a renowned author and fearless woman like Roy was being booked under such a draconian law. The Communist Party of India also released a statement, calling the decision "condemnable" and stating that it goes against logic, unless it is a "fascist" move. The timing of this decision, which comes during a court vacation and when lawyers are on break, also raises suspicions.
Despite being a polarizing figure in India for her outspokenness and criticism of the government, Roy is highly respected around the world for her activism and advocacy for marginalized communities. This decision to prosecute her once again highlights the shrinking space for dissent in our democracy.
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