by Gilbert Sebastian on Monday, 7 January 2013 , on FB

There is a saying in Malayalam, ‘Kaaryam paranjaal Communistaayi!’ meaning, you will be labelled a Communist if you tell the truth. This used to be a saying during the decades when the Communist party in the state used to wage land struggles and uphold the rights of the deprived. Today, the saying could be modified as, Kaaryam paranjaal Maoistaayi!’ meaning, you will be labelled a Maoist if you tell the truth.


On 29 December 2012, seven persons persons, including two girl children and human rights activists were arrested at Mavelikkara in Kerala state. The other five are being detained under Unlawful Activities Prevention Act (UAPA): Gopal, Shiaz, Rajesh Madhavan, Bahuleyan and Devarajan. As was reported in the social media and mainstream media, they had assembled peacefully for sharing their experiences. The two girls were Ami aged 16 and Savera aged 10 who have been harassed by the police several times even before for the mere reason that they are children of a Maoist couple. After night-long interrogation using even sexually insulting language, the two girls were let off. The other five are still in custody. Rajesh Madhavan was personally known to me for some years now as a socially concerned person, hailing from a humble background. As I have gathered from friends, they were meeting to share experiences, including those on the education front. None of the persons arrested had any previous history of offences against them. One of them, Gopal, is a scientist who was working with Bhabha Atomic Research Centre (BARC) and is a human rights activist  who has been involved in the protest against Koodankulam nuclear project.


The arrests are clearly in violation of the Fundamental Right to assemble peaceably and without arms under Article 19 (b). There is no reason why one should be paranoid about such get-togethers to discuss contemporary political issues that they could cause a threat. Why shouldn’t we think that they could only strengthen democracy? (The latest news is that the Additional Sub-Inspector, K.Y. Damian who had carried out the arrests, apparently, hanged himself to death near his home.) Going by UAPA, the State can arbitrarily arrest and detain anyone on the basis of mere suspicion. UAPA which is the UPA version of the now-defunct Acts, POTA and TADA, is used to track down people labeling them as Maoists and as Dalit and Muslim extremists. Those who oppose State terror and those involved in rights-based struggles are tormented and unjustly detained under this Act. It has draco­nian provisions such as non-bailable incarceration for 180 days. The onus of proof lies on the accused. Section 15 of the act defines ‘terrorist act’ quite vaguely. Section 39 makes “support given to a terrorist organization” an offence and criminalises normal activities like ‘arranging, managing or addressing’ public meetings. Hardly any distinction per se is drawn between anti-State militancy and terrorism as indiscriminate killing of innocent people.


On the other hand, one cannot forget to mention that the Indian State is ‘selectively repressive’ against adversaries who violate its canons. Those who create communal and regional divisions among people like the Sangh Parivar, Shiv Sena, MNS and the high profile instigators of riots in Delhi, 1984; Gujarat 2002 and Kandhamal, 2008  are granted impunity. The arrests at Mavelikkara is a good example to illustrate how our political system faces the real danger of degeneration into an ‘illiberal democracy’/a police State. Recent empowering judgements by the Supreme Court in cases involving Binayak Sen and Narayan Sanyal indicate how the apex court views such arrests unjustified under the law.


As Prof. Haragopal rightly used to say, the vibrancy of democracy can be demonstrated when the State is able to democratically reckon with even armed protests against it. Constitutional morality is the minimum that the State needs to uphold since the Constitution is the document that the rulers of India have given unto themselves and swear by. On the other hand, the rebels need to be true to their own ideology. People should be the arbiters in the contention between Constitutional morality and an ideology of rebellion, he says. It is necessary that all democratically minded persons and groups should come forward to oppose UAPA, a draconian, fascistic Act and the arrest of these activists under it, towards the protection of the democratic freedoms guaranteed under the Fundamental Rights of the Constitution of India. On 7 January 2013, some concerned individuals called a gathering at the martyrs column in Thiruvananthapuram, the state capital to protest these arrests under UAPA. The message is: Uphold the right to dissent! Protest the arrests! Oppose UAPA!