Log has written
MONDAY, NOVEMBER 23, 2009

Hold those celebrations cheering India as the world’s most populous democracy.

Two years ago today, the Chhattisgarh Police arrested Binayak Sen, a paediatrician who has spent three decades treating the poor in the state’s remote parts, for collaborating with Maoists. Sen was accused of helping communication between clandestine groups that couldn’t interact with each other freely. In fact, he was meeting a sick Maoist leader, with permission from a senior police official.

The State has at its disposal draconian, colonial-era laws—tightened in post-independent India—which it used to arrest Sen, and to keep him in jail. It has vigorously challenged his appeals, despite his deteriorating health. Last year, the Global Health Council gave him the Jonathan Mann Award for health and human rights; 22 Nobel laureates have called for his release; and Sen symbolizes the kind of dignified prisoner of conscience who inspires people who have never thought of civil liberties to campaign for his freedom.

Sen has strong views. He has spoken out against injustice. But he has condemned the Maoists’ violence, and appealed for peace. As Sudeep Chakravarti, author of that authoritative account, Red Sun: Travels in Naxalite Country (2008), puts it, Sen’s advocacy of India’s “wretched of the earth” has upset the cozy, corrupt nexus enriching local politicians. Big business wants access to the state’s natural resources, and forest-dwelling communities are in the way. Maoists, claiming to represent the poor, challenge the state. To counter them, the state and local elite have encouraged Salwa Judum (purification hunt), the vigilante paramilitary group that has terrorized the poor, ostensibly to ensure they don’t cooperate with the Maoists, but in the process alienating them, forcing them to flee—coincidentally freeing land for resource exploitation. Such cynical, myopic policies have led to decades of bloodshed in many parts of the world, most notably in Latin America.

And yet, those seeking Sen’s release are told: Not so fast. Let the law take its course. Don’t embarrass the state. Tone down your voice.

Human rights activists shout because the state does not listen. To make yourself heard, you have to scream—it is unpleasant, but necessary. That’s what Teesta Setalvad has been doing in another context: Gujarat. She has sustained a heroic campaign for the victims of the Gujarat riots of 2002, enraging those who believe Gujarat chief minister Narendra Modi is the answer to all of India’s problems.

Setalvad identifies with the victims: Many have experienced severe trauma, seeing their loved ones being raped, murdered, or maimed. She investigates what happened because the state has ducked its responsibility. She speaks for them because few others do. Her opponents are waiting for her to trip up. Last month, she was accused of tampering with evidence and tutoring witnesses. Those are serious charges—and her critics say the special investigation team (SIT) had made them, even though SIT wouldn’t confirm if it had made such charges, calling the leak inspired and motivated; and the Supreme Court termed the leak a betrayal of faith. Recall as well that in the Best Bakery case, judge Abhay Thipsay had ruled out the possibility of Setalvad having tutored witnesses.

People such as Sen and Setalvad, and other dissenters such as Medha Patkar, challenge the modern Indian state. They sound unreasonable. They seem self-righteous. They speak for others, and they often appear to sit on a high moral ground. That seems sanctimonious to some; it can even appear irritating. Why, hasn’t India just shown the world what a fine democracy it is by organizing the world’s biggest electoral exercise? But just as India basks in that glory, these activists remind us of the rot within. They interrupt the grand narrative.

If only they’d speak softly, or even better, simply shut up! But why should they? Democracy thrives on uncomfortable questions; not recognizing that shows a fundamental misunderstanding of the idea of dissent. Being stubborn, refusing to reason and remaining steadfast to one’s moral core are the characteristics of such individuals. In Bad Elements: Chinese Rebels from Los Angeles to Beijing (2001), Ian Buruma shows how years in Chinese prisons had so incensed Wei Jingsheng that once in the West, he refused to obey perfectly sensible rules. He’d smoke in rooms, standing under “no smoking” signs; he would drive through red lights. He defied rules because he would not bend.

Nelson Mandela on Robben Island, Mohandas Gandhi fasting in an ashram, Aung San Suu Kyi refusing to acquiesce with the generals and Vaclav Havel ignoring the Party’s lies and living the truth—these men and women were obstinate, and for good reasons.

Think of their adversaries—a racist regime, a colonial power, a military junta and a Communist dictatorship. Is that the company India wants to keep?

Sen, Setalvad and others such as them are India’s jewels. They honour us. Silencing their voices belittles us. They belong in our public arena, not in our jails.

Salil Tripathi is a writer based in London. Your comments are welcome at salil@livemint.com

READ MORE ARTICLES BY:
 
Eternal Said:


I have liked reading Mr. Salil Tripathi but in this case, I wish he had waited before commenting about Mrs. Setalvad. SIT findings suggest that Mrs. Setalvad had manipulated lot of information to put her point through. It is one thing to shout to get heard and a different thing to fabricate a lie to get heard. Once the SIT report is released and if it confirms the fabrication, this would be huge embarrasement for Mr. Tripathi. Secondly, Mr. Tripathi should for heaven's sake go and see the poor villagers who have started getting Narmada water recently. While Medha Patkar might sound ethical wearing a tag of NGO, those who have not got benefited by Narmada water find biggest enemy in her. Lastly, US recognition of any Indian doesn't necessarily mean the person has righteous voice. While US is guilty of so many war crimes and unnecessary politics around the globe, it is unreasonable to expect them publishing ethical and righteous reports.

Posted On 5/14/2009 1:52:14 AM
Re: Salil Said:


Thanks, Eternal. If indeed the SIT report ends up showing that Ms Setalvad had either distorted evidence or tutored witnesses, I would revisit the issue. When facts become apparent, one should change one's view. At the moment, what we know is this: there was a leaked report in some newspapers, which claimed that the SIT said Ms Setalvad had either tampered with evidence, or tutored witnesses. There are many more reports since, including from the director of SIT and the bench at the Supreme Court, which have called the leak a breach of faith, and motivated; there is nothing that suggests that the earlier reports are an accurate reflection of the SIT's document - which remains confidential. Of course, nobody, even human rights activists, should make up evidence. But given the SIT's and SC's opinions, and Judge Thipsay's judgment in the past, it is for Ms Setalvad's critics to prove their case, not for her to prove her innocence. As for Narmada water and Ms Patkar. I'm not saying that people in Gujarat should not have access to water - far from it! But I think Ms Patkar's campaign for humane treatment of the oustees is entirely just. Thanks again for writing; Salil

Posted On 5/14/2009 11:56:44 AM
Re: Salil Said:


Thanks, Eternal. If indeed the SIT report ends up showing that Ms Setalvad had either distorted evidence or tutored witnesses, I would revisit the issue. When facts become apparent, one should change one's view. At the moment, what we know is this: there was a leaked report in some newspapers, which claimed that the SIT said Ms Setalvad had either tampered with evidence, or tutored witnesses. There are many more reports since, including from the director of SIT and the bench at the Supreme Court, which have called the leak a breach of faith, and motivated; there is nothing that suggests that the earlier reports are an accurate reflection of the SIT's document - which remains confidential. Of course, nobody, even human rights activists, should make up evidence. But given the SIT's and SC's opinions, and Judge Thipsay's judgment in the past, it is for Ms Setalvad's critics to prove their case, not for her to prove her innocence. As for Narmada water and Ms Patkar. I'm not saying that people in Gujarat should not have access to water - far from it! But I think Ms Patkar's campaign for humane treatment of the oustees is entirely just. Thanks again for writing; Salil

Posted On 5/14/2009 11:58:02 AM
nivedita Said:


You are absolutely right.

Posted On 5/14/2009 5:27:05 AM
Raghavendra Said:


Why is it that such encomiums are always reserved for "left wingers" and "politically correct people"? The media including MINT ( this write up is a case in point ) values stances taken up people like Teesta Setalvad ONLY. I have never seen a write up on "Godhra" - journalists write ONLY on "post godhra" to the extent that now Godhra now only means Post Godhra! No one writes about Banerjee commission which came a ridiculous conclusion that Godhra was purely an accident! and that too in a jiffy. The underlying conclusion is - "Right wing" is ALWAYS wrong. They have no right to protest against anything. If they protest it is because of selfishness and greed. You can have a Mayawati inspired vandalism on Reliance Retail - no journalist or writer is interested! Brahmins are being treated like dirt in Tamil Nadu - journalists ridicule them when they protest. Temples are vandalised - no reporting. Nandigram is written about even though CPM are the culprits only because muslims were displaced or affected. In Tamil Nadu many people would have been displaced by Sethu Samudram - No worry. Mangalore outrage ( I donot support this either ) - but what about the blatant conversions and no one is outraged. The POPE wants to Harvest Indians - in a secular country there is no outrage!! The right wing has problems and they are not represented or heard. THERE WILL BE BACKLASH. In fact people make politically correct statements overtly and make personal choices virtually opposed to their overt statements.

Posted On 5/14/2009 8:01:56 AM
Re: Salil Said:


Raghavendra, Since you mention Rama Setu, please look at the archives of Mint; some of the best reporting on this topic was in this newspaper, by several reporters, including Priyanka Narain. Thanks; Salil

Posted On 5/14/2009 1:08:29 PM
Raghavendra Said:


Why is it that such encomiums are always reserved for "left wingers" and "politically correct people"? The media including MINT ( this write up is a case in point ) values stances taken up people like Teesta Setalvad ONLY. I have never seen a write up on "Godhra" - journalists write ONLY on "post godhra" to the extent that now Godhra now only means Post Godhra! No one writes about Banerjee commission which came a ridiculous conclusion that Godhra was purely an accident! and that too in a jiffy. The underlying conclusion is - "Right wing" is ALWAYS wrong. They have no right to protest against anything. If they protest it is because of selfishness and greed. You can have a Mayawati inspired vandalism on Reliance Retail - no journalist or writer is interested! Brahmins are being treated like dirt in Tamil Nadu - journalists ridicule them when they protest. Temples are vandalised - no reporting. Nandigram is written about even though CPM are the culprits only because muslims were displaced or affected. In Tamil Nadu many people would have been displaced by Sethu Samudram - No worry. Mangalore outrage ( I donot support this either ) - but what about the blatant conversions and no one is outraged. The POPE wants to Harvest Indians - in a secular country there is no outrage!! The right wing has problems and they are not represented or heard. THERE WILL BE BACKLASH. In fact people make politically correct statements overtly and make personal choices virtually opposed to their overt statements.

Posted On 5/14/2009 8:01:56 AM
Re: sangeeta Said:


Raghavendra- I totally agree with you. Right from Nehru's time who instead of developing our indegenous methods blindly followed the western ways of development. After all love at old age makes one do many things that do not always follow logic!!!!! But we poor Indians are compensating for NEHRU'S WORLD VISION till today. His haste in becoming independent India's first PM led to the horrific partition. He was smart enough to gauge the importance of media blitzkreig and so all left-minded people found favours in the Universities,Cultural Bodies,Govt. information machinery etc.and Pvt.media houses quickly knew which side the toast was to be buttered!!

Posted On 5/14/2009 6:44:50 PM
Shahnaz Said:


Its time to reflect on that, if India has to have a place of honour on the world map.The iron lady of Manipur should have found mention in your article.

Posted On 5/14/2009 10:12:02 AM
Re: Salil Said:


Shahnaz, I agree. Irom Sharmila is indeed inspiring. You will appreciate, there are space constraints, but your point is well-taken. Thanks; Salil

Posted On 5/15/2009 3:21:45 AM
Mayank Said:


No one wants to talk about kashmiri pandits either..

Posted On 5/14/2009 11:36:54 AM
Re: sangeeta Said:


Dear Mayank-As long as in this country the appeasement policy will rule, things will NOT change.In more than 60 years of our independence, the greatest achievement we made - initial fragmentation of our people in the lines of religion, castes, tribes, minority AND then reservation for all these categories.THAT CERTAINLY KEEP HINDUS and that too pundits/brahmins PERENIALLY OUT!!!!!

Posted On 5/14/2009 6:52:48 PM
pradeep Said:


Most Indians deals with the same inefficient Indian Courts and Incompetent Indian Police. What is so special about Sen and Setalvad, et al that they get special treatment? At least these guys have the lefty media/NGO’s Tom Toming their case. Imagine the case of Pandit’s of J&K driven out by ethnic cleansing, nobody gives a damn. I don’t see any lefty human rights types take up their case.

Posted On 5/14/2009 5:21:07 PM
Re: Salil Said:


Pradeep, I'm not writing about abuses of rights in general, but about those defending the rights of others. The forced displacement of people from Kashmir is of course wrong. Thanks for your interest. Salil

Posted On 5/15/2009 3:24:12 AM
sangeeta Said:


Communists in Bengal had been terrorising people from remote villages to the small towns with their cadres since last 40 years in the name of an egalitarian society. Now, all our political class doing the same in the name of development. WHY CAN'T DEVELOPMENT HAPPEN KEEPING ALL THE INDEGENOUS ELEMENTS INTACT? WHY THIS MINDLESS RACE TO BECOME ONE-UP AMONGST OTHER 'developed' NATIONS? Govt. can acquire arid, unused, fallow lands and hand them over to the industry after connecting them with the existing National Highways via arterial roads,the business houses should invest in Solar energy, rain-water harvesting, sewage treatment, aforestation etc. Moreover, local populace has to be used in building such infrastructures. And after giving vocational training to locals thereby making them skilled/semi-skilled for the jobs they can easily be inducted in the factories. For their families schools, hospitals and parks can be built by the locals only. I believe our rural/semi-urban folks, given chance, would not disappoint . This will, in turn, arrest inter-state migration resulting in developing pockets of industrial but self-sufficient and self-contained townships. In my mind this is just one aspect to which our politicians should give serious thought.

Posted On 5/14/2009 6:25:25 PM
JohnDoe Said:


Its over 2 months since I last read Salil's blog - and perhaps its for good reason.Sadly it has has become impossible to expect a shred of objectivity from writers such as these.Espousing legitimate causes about the downtrodden is one thing but becoming a shrill pamphleteer with an agenda that never departs from the extreme-left is something else altogether.Seriously - do you think that your readers are blind ? Cant you judge from the readers' reactions about how rabidly biased you are ? Certainly the victims of the Gujarat riots deserve justice.But so do the victims of the Godhra carnage as well!! But thats something of a hot potato for your ilk.So is the issue of Kashmiri Pandits or any other cause where the "non-minority community" is meted terrible injustice.Maybe Salil,you and Ms Ramani should plan a trip to Swat valley.I think your views on secularism would be really well received by the folks out there.Thanks - JD

Posted On 5/14/2009 11:30:21 PM
Re: Salil Said:


JohnDoe, I write a column, not a blog. Welcome back! Take a moment, and click on the archives of Mint, and search for my pieces; look through all my columns. Then tell me if what I write is of the "extreme left" variety. If you think it is, I'd be curious to know how you define extreme left. (Disclosure: I am left-handed). - Salil

Posted On 5/15/2009 3:29:03 AM
Fil Said:


A marvelous and thoughtful column indeed. I have sorrowfully followed the travails of Dr. Binayak Sen, inflicted on him by the unscrupulous Raman Singh government of Chhattisgarh. If this is India, get me out of there please!

Posted On 5/15/2009 9:09:28 AM