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Indian Currents October 2020 PDF

The document summarizes the arrest of 83-year-old Jesuit priest Fr. Stan Swamy for his activism on behalf of indigenous Adivasi communities in India. It notes that Fr. Swamy has been working to protect the land, water, and forest rights of Adivasis that have been threatened by corporate interests. His arrest, along with others doing similar work, is seen as an attempt by the government to crush dissent and silence those advocating for the rights of marginalized groups. The editorial calls on civil society to support activists facing politically motivated charges and for the Church to defend those fighting for people on the margins.

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0% found this document useful (0 votes)
321 views52 pages

Indian Currents October 2020 PDF

The document summarizes the arrest of 83-year-old Jesuit priest Fr. Stan Swamy for his activism on behalf of indigenous Adivasi communities in India. It notes that Fr. Swamy has been working to protect the land, water, and forest rights of Adivasis that have been threatened by corporate interests. His arrest, along with others doing similar work, is seen as an attempt by the government to crush dissent and silence those advocating for the rights of marginalized groups. The editorial calls on civil society to support activists facing politically motivated charges and for the Church to defend those fighting for people on the margins.

Uploaded by

Rani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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FROM THE EDITOR’S DESK

A Smokescreen to Crush Dissent

D
issent is anathema to the Fr. Stan Swamy is not alone in facing
government; raising the issues the vindictiveness of the government.
of Adivasis is seen as an There are many others like Varavara
anti-national activity; helping Rao, Vernon Gonsalves, Arun Ferreira,
the oppressed to seek justice is labelled Sudha Bharadwaj, Gautam Navlakha,
as terrorist activity. The arrest and Anand Teltumbde and Hany Babu who
judicial custody of Fr. Stan Swamy, the too are put behind bars citing their
83-year-old Jesuit priest from Ranchi, alleged Maoists or similar links. They
is the most telling commentary on the too, like Fr Stan Swamy, have been
highhandedness of the government. “If working for the entitlement of people
you dare to challenge us, you will face whose rights to ‘water, land and forest’
the music,” seems to be the dreaded are being snatched away by the govern-
message to the people. ment and its cronies. The government
The hard-earned freedom is becoming seems to be getting nervous that the
a mirage in the largest democracy in the hitherto suppressed people are coming
world. Earlier, a ‘foreign hand’ was seen out seeking their rights. They are no
behind anyone who dissented from the more docile as they used to be; they are
official stand. Under the present regime, choosing aggressive ways to challenge
the terminology has changed. Anyone the government which has failed to
who dissents is branded as anti-national, protect their basic rights. The govern-
Maoist or Naxalite. It has become the ment sees a big threat in the rights
norm to equate the word ‘activist’ with activists as they are conscientizing
‘anti-national’. Ironically, many who are people; it is probably feeling the sand
holding the reins of the present regime slipping beneath its feet.
or working behind it were dissenters at Fr Stan Swamy had said: “When
one point or other. Hence the govern- each dissenter is put behind bars, a
ment would do well to take a leaf out thorn each is removed from the flesh of
of the lives of the activists instead of the ruling class.” But he has left some-
hounding them like terrorists. thing unsaid. For each ‘thorn’ removed,
Many of them, including Fr Stan many more ‘thorns’ could come up to
Swamy, could have lived a cozy life if challenge the oppressive, intolerant and
they had not decided to take the path tyrannical government. It is incum-
of activism. But they decided to speak bent upon the civil society to offer full
up for the people who are exploited. Fr. support to the rights activists against
Stan Swamy realized that his call to whom a smokescreen of ‘Maoist-link’
be a priest would be meaningless if he has been created to crush dissent. The
did not identify with the people among Church should throw its weight behind
whom he worked. In working for them those fighting for the people on the
and siding with them, he saw fulfilment margins.
of his prophetic mission; in raising voice As always, we would be happy to
for them, he was following the footprints hear your reviews, comments, and
of his Master, Jesus Christ. It is He who suggestions.
guided him to question the exploitation Happy Reading!
of the Tribals by corporate houses; it is
He who prompted him to help hundreds
of Tribal young men who were put
behind bars for no rhyme or reason.
Dr. Suresh Mathew
The activist priest considered his work
Editor
among the afflicted as his greatest badge
> frsureshmathew@gmail.com
of honour.

Indian Currents | 19 - 25 October 2020 3


contents Member,
I n d i a n N e w s p a p e r S o c i e t y ( I NS )
V o l u m e X X X I I , I s s u e 43

12 Is the Church in India


Prophetic?
By Cedric prakash

16 What is the ‘crime’


I’m supposed to have
committed?
by Stan Swamy

18 Standing with Stan


cover
story
Politics of Fraternity

06
By Jose Vallikatt

22 Be Prophetic
Message from Fr. Stan to
consecrated women
A Narrative of and men

a Human Right
By Jacob Peenikaparambil

25 Arrest of Fr Stan

Defender
by Dr. Joseph Xavier SJ Harshita
A call to speak up for
others
By Dr J. Felix Raj

Editor: Indian Current Publications Although all efforts have been made
Dr. Suresh Mathew 375 - A, Pocket - 2, to ensure the accuracy of the content,
Editorial Board: Mayur Vihar Phase - I, neither the editor nor the publisher can
John Dayal, AJ Philip, Marydasan John New Delhi – 110091 take responsibility for consequences
Tel: 011-45873264, Mob: 7042562963 arising from errors or omissions in the
Advisory Board:
Email: icdelhi@gmail.com, information provided.
George Plathottam, Skylark George, PJ Joseph,
T. Dominic, PA Joseph, CJ Baiju frsureshmathew@gmail.com,
indiancurrentsweekly@gmail.com Reproduction in any manner without
Design & Layout: Website: www.indiancurrents.org prior permission from the publisher is
Foxview Media prohibited. All disputes to be settled in
Circulation: DISCLAIMER Delhi Courts only.
Ashish Victor The views expressed by the writers in
this Magazine do not necessarily reflect This issue of Indian Currents contains
Finance Manager:
the views or policies of Indian Currents 52 pages including cover.
Jainamma
weekly or Editor.

4 Indian Currents | 19 - 25 October 2020


Power Quotes
26 A c l o s e l o o k
Hate shower: Tanishq’s
capitulation
By A.J. Philip Live as if you were to die tomorrow.
Learn as if you were to live forever.
Mahatma Gandhi
30 p o l i t i cs
Criminal Politicians I learned long ago, never to wrestle
with a pig. You get dirty, and besides,
Let not lawbreakers be lawmakers the pig likes it.
By Dr. Pauly Mathew Muricken
George Bernard Shaw

I’ve learned that people will forget


34 H u m a n R i g h t s what you said, people will forget
Educating for human dignity what you did, but people will never
Importance of human rights forget how you made them feel. Maya
education in schools Angelou
By Dr. Albert P’Rayan Maya Angelou

He who learns but does not think, is


lost! He who thinks but does not learn
38 TRP S c a m is in great danger.
TRP Scam: Credibility of TV Confucius
channels at stake
Viewers opt for over-the-top Your most unhappy customers are
media your greatest source of learning.
By Manoj Varghese Bill Gates

He who is not everyday conquering


some fear has not learned the secret
41 P o r n o g r a p h y of life.
Child Pornography Ralph Waldo Emerson
Zero tolerance is the key
By Aarti Learn to enjoy every minute of your
life. Be happy now. Don’t wait for
something outside of yourself to
44 s p i r i t u a l i t y make you happy in the future. Think
Humanism Vs Spirituality how really precious is the time you
Covid-19 prefers humanism or have to spend, whether it’s at work
or with your family. Every minute
spiritual innovations? should be enjoyed and savored.
By Dr. benny jose palatty
Earl Nightingale

I’m most proud of the blessings that


48 B o o k R e v i e w God has bestowed upon me, in my
Unpacking Religious life. He’s given me the vision to truly
Nationalism see that you can fall down, but you
By Subhash Gatade can still get back up. Hopefully I’ll
learn from my mistakes and have
the opportunity to strengthen and
50 B o b ’ s B a n t e r improve the next thing I do.
The Dreaded ‘S’ Word..! Martin Lawrence
By Robert Clements

Indian Currents | 19 - 25 October 2020 5


cover story

by Dr. Joseph by Harshita


Xavier SJ

O
n 8 October 2020, around
7.20 pm, four officials
from the National Inves-
tigation Agency (NIA),
the counter terrorism taskforce
of the country, entered Bagaicha
campus, a Jesuit-run social centre,
in Ranchi and arrested Fr. Stan
Swamy. He was kept in Ranchi
NIA campus for the entire night
and on the following day was taken
to Mumbai. He was produced in
the court on 9 October. Fr. Stan
respectfully stated in the court, “I
neither had any connection with
Bhima Koregaon incident nor any
links with Maoists. All along I
dedicated my life for the develop-
ment of my poor adivasi sisters
and brothers. I wanted justice to
be done to them as per the Consti-
tutional provisions and Supreme
Court judgements”. However, the

Fr. Stan Swamy SJ


judge sent him to judicial custody.
Fr. Stan is an 83-year old Jesuit,
hails from a village called Vira-

A Narrative of

a Human Right
Defender
Fr. Stan has laid a legacy
for the people of India to
follow his footsteps. He
was ready to pay the price
as a true follower of Jesus

6 Indian Currents | 19 - 25 October 2020


cover story

halur, near Trichy, Tamil Nadu. gories to become aware of the for a few months, due to medi-
He is a member of Jamshed- hard realities in which dalits and cal reasons. Even during these
pur Jesuit Province. He suffers adivasis live and to question and months, despite his illnesses, he
from multiple illnesses, includ- respond to the unjust socio-eco- participated in various protests, to
ing tremor (Parkinson). After his nomic and systemic oppression express his solidarity. He contin-
Jesuit training, he had spent his with a Jesuit hallmark – Faith that ued to share the struggles and
active life mainly in three places – does Justice. Many social activists aspirations of adivasis and his
Indian Social Institute, Bengaluru, in South India fondly remember work for and with them, to whom-
JOHAR, a Jesuit Social Centre in him as a beacon of hope for the ever came to see him.
Chaibasa, and Bagaicha, Ranchi marginalized.
in Jharkhand. Stan served as the Director of JOHAR, Chaibasa,
ISI Bengaluru for 11 years and as a Jharkhand
Indian Social Institute, training staff for 6 years. Once he In the late 80’s, he was missioned
returned to his Jamshedpur Jesuit as the Director, Jharkhandi Organ-
Bengaluru province, he used to visit his ization for Human Rightscentre,
In 1963, Indian Social Institute
friends once in three or four years. popularly known as JOHAR (a
Bengaluru was established by
In 2019, he stayed in Bengaluru word used in Jharkhand to wish
the Jesuits. Fr. Henry Volken SJ,
Founder Director of the Institute,
was a man inspired by the legend-
ary book by Paulo Freire, Peda- Fr. Stan motivated many individuals,
gogy of the Oppressed. The kind of
critical methodology adopted to religious priests and nuns, university
train the people was well accepted students, NGOs & civil society leaders
and acclaimed across various
quarters and became a huge
from various social categories to become
success, even among the Govern- aware of the hard realities in which dalits
ment and visitors from South East
Asian countries. Following the
and adivasis live and to question and
bequest set forth by Fr. Volken, the respond to the unjust socio-economic
baton was then handed over to Fr.
Stan Swamy SJ in 1975, the Dark-
and systemic oppression with a Jesuit
est hour in the Indian Democracy. hallmark – Faith that does Justice
Fr. Stan, along with his colleagues,
not only started to climb up the
echelons in offering services to
the needy, but also began a series
of training programmes using
various analytical tools. The
biggest strength of Fr. Stan lay
in the spirit of the youth, irre-
spective of their social category,
who yearned to gain knowledge
about the state of the country. He
went ahead to teach socio-cultural
analysis and a critical yet inno-
vative way of approaching the
situation in those days. Fr. Stan
motivated many individuals, reli-
gious priests and nuns, univer-
sity students, Non-governmental
organisations and civil society
leaders from various social cate-

Indian Currents | 19 - 25 October 2020 7


cover story

one another), where he served for Jesuits could be at the service of Fr. Stan criticized various govern-
12 years. He was much disturbed the adivasis in the newly formed ments of Jharkhand and attempted
by the hard realities of the ‘Ho’ Jharkhand state. to put pressure on them. He artic-
tribe. Adivasis became his broth- ulated that Jal (water), Jungle
ers and sisters. Soon, he learnt Bagaicha, Ranchi (forest) and Jameen (land) belongs
‘Ho’ language and spent his time In 2006, Bagaicha was established to adivasis.
in educating and strengthening as a common venture of the central During these years, various
the hopes of the poor adivasis. zone Jesuit provinces of Ranchi, multinational corporations were
In the 90’s, as India was opening Jamshedpur, Dumka, Hazaribagh bent upon extracting the miner-
its economy to neo-liberal para- and Madhya Pradesh, primarily for als from the very rich sources
digm, a number of multi-national training, research, campaign and in Jharkhand, Chhattisgarh and
companies intruded into mineral advocacy works focusing on iden- Madhya Pradesh and Orissa. This
rich adivasi lands. Many villagers tity, dignity, justice and empower- process is generally preceded with
were displaced from their habi- a Memorandum of Understand-
ment of the adivasis.
tats in the name of development. ing (MoU) between the govern-
Fr. Stan rightfully said, “Every ment and the industries. The Gram
mine that is dug, not only destroys PESA Act and Gram Sabha Sabhas were never taken into
the green forests, fertile lands Panchayats (Extension in Sched- confidence, as mandated by PESA
and water bodies but also often uled Areas) Act, popularly known Act. Fr. Stan actively participated
displaces entire village habita- as PESA Act, 1996 empowers Gram in the movement led by Adivasis,
tions”. Sabha to take responsibility for that opposed Netrahat Field Firing
By mid-90’s, discourse on sepa- the development of villages. It project, which was to displace thou-
ration of Jharkhand from Bihar also makes provision for establish- sands of villagers and a number of
was picking up momentum. ment of Tribal Advisory Coun- adivasi hamlets in Jharkhand. He
Considering the new space emerg- cil, headed by the Governor of also opposed large scale Koel Karo
ing for the empowerment of the the state, which will monitor the dam project, that was to displace
adivasis, Stan was asked to move implementation of PESA Act and many adivasi families. This can be
to Ranchi in 2000. He was staying Tribal Sub-plan and report back to counted as one of the wrong doings
in a rented house, establishing the central government every year. of the man with steel spine. He
contacts, talking to different lead- Realising that the provisions of wrote on these subjects extensively
ers and political parties on how PESA Act were not implemented, in print media.

8 Indian Currents | 19 - 25 October 2020


cover story

Khunti police attach Father Stan Swami’s property at Bagicha in Namkum, Ranchi

Persecuted Prisoners Soli- to furnish all the information by the government and corporate
darity Committee (PPSC) about UTPs in Jharkhand. It is houses. As the slab inscriptions
During 2014-15, indiscriminate now more than two years and the speak of the events and consti-
arrests, of mostly Adivasi and State is yet to submit its report. tutional provisions, it has lately
Dalit youth, were taking place. On the other hand, Jharkhand come under the scanner of the
Stan convened a meeting of people state decided to put Stan out of its Government and labeled all those
of goodwill, so that a group could way, by implicating him in a case, supported the pathalgadi move-
reflect on the nature of the inter- merely based on his comments on ment as anti-nationals. Along
vention and even tentative plan Facebook related to Pathalgadi with 19 others, the then BJP-led
details. The response was good, movement. Jharkhand government filed an
especially from lawyers. Sudha FIR against Fr. Stan for supporting
Bharadwaj was also one of the Pathalgadi movement pathalgadi movement in 2018. In
participants. The group decided Pathals are stones, erected on the June 2019, Fr. Stan came down to
to form a common forum by the village entrance, following the Bengaluru for medical treatment.
name, ‘Persecuted Prisoners Soli- age-old Adivasi tradition. Some One year after the filing of an
darity Committee’ (PPSC), so that adivasi villagers in Khunti district FIR, in 2019, the Khunti court
they could collectively intervene of Jharkhand, inscribed in the declared Stan as ‘proclaimed
in the court, on behalf of Under- pathals the Constitutional provi- absconder’ under Sec. 82 of Crim-
Trial Prisoners (UTPs), seek- sions given to the Gram Sabhas as inal Procedural Code and issued
ing immediate bail and speedy per Fifth Schedule of the Consti- orders for attachment of property.
trial. Soon thereafter, based on tution and PESA Act. Soon path- In October 2019, the Khunti Police
the findings of the study of UTPs als became rallying points for the took away two tables, a steel shelf,
in Jharkhand, a PIL was filed in adivasis to assert their rights and three plastic chairs, a mattress,
Jharkhand High Court. Stan was demand from the state what is due and a pillow from Stan’s room.
the main petitioner. Looking at the to them as per the Constitution. Stan contested the alle-
veracity of the evidence, the Court Pathalgadi movement became gations in the High Court of
ordered the State government popular, which was seen as threat Jharkhand. During the hearing,

Indian Currents | 19 - 25 October 2020 9


cover story

the Advocate General referred filed an FIR in the Pune Rural been widespread arrests of intel-
Stan as a ‘dreaded criminal’. police, which had jurisdiction over lectuals and raids at the homes of
The Jharkhand High Court, on Bhima-Koregaon; Another FIR top human right activists, profes-
6 December 2019, declared that was filed with the Pune city Police sors and lawyers. The NIA has
proper procedures were not which was taken cognizance imme- been interrogating more and more
followed as per Code of Crimi- diately leading to the raids and committed citizens in various
nal Procedure. When the non-BJP arrests of Human right Defend- parts of the country.
government in Jharkhand was ers. (For more on the incident Fr. Stan was interrogated for 15
formed by the end of December and the case please visit: https:// hours in a span of 5 days in July
2019, it announced that it was www.thequint.com/explainers/ and August 2020, by NIA. Despite
withdrawing all cases relating to what-was-bhima-koregaon-bat- his age and illness, he fully coop-
Pathalgadi. The procedures for the tle-explainer). Only through the erated with the interrogation. The
same have not yet been completed. media, he came to know about this investigation officer, looking at
This was a clear message that incident. His name did not appear the condition of Stan, said, “You
pathalgadi movement was not in the original FIR. In 2019, a quash are severely suffering from tremor
an anti-national movement but a petition was filed in the court. (Parkinson)”.
pro-adivasi movement demanding The public prosecutor argued that
their due rights from the state. Stan was only a suspect and not

We, as citizens
of this country,
need to realize
the importance of
the Constitution,
continue to uphold
its values at all
odds and dissemi-
nate as responsible
citizens
Bhima Koregaon case an accused and the police had no
To everyone’s surprise, in 2018, intention to arrest him.
Stan was implicated by the Pune The new non-BJP coalition On 30 September 2020, the
Police in Bhima Koregaon case. government in Maharashtra had Superintendent of Police (SP) of
Stan had never been to Bhima ordered the Maharashtra police NIA Mumbai called Fr. Solomon,
Koregaon in his entire life. to review and speed up investi- a Jesuit companion of Stan and
Bhima-Koregaon is a place in gation and trial of Bhima-Ko- asked him to bring Stan to Mumbai
Maharashtra near Pune where regaon riot case. On 1 January on 5 October. Solomon explained
the Dalits (former untouchables 2020, a top leader of the National that Stan suffers from various
of India) gathered in big numbers Congress Party, a coalition partner, illnesses and it will not be possi-
on 1 January 2018 to celebrate commented that the Bhima-Kore- ble for an 83-year-old person to
the 200th anniversary of a battle gaon case was baseless and should travel Mumbai, especially when the
in which Dalits fought against be withdrawn. However, the BJP country is engulfed by pandemic.
the rulers. During this celebra- government at the centre inter- The SP asked him to handover the
tion, sudden violence erupted. vened and forced the Maharash- medical records. However, on 8
The instigation of this violence is tra government to handover the October, four NIA officers came to
attributed to the upper caste right- case to the National Investiga- Bagaicha and arrested him, with-
wing forces which wanted to scut- tion Agency (NIA). Once the NIA out summons or warrant. He is in
tle the celebrations. The Dalits has taken over the case, there has Taloja jail now, amidst many other

10 Indian Currents | 19 - 25 October 2020


cover story

prisoners in a covid-19 quarantine Mary Lawlor, the United Nations


barrack, euphemistically called Special Rapporteur on Human
‘jail hospital’. Rights Defenders has tweeted from
her official Twitter account: “Hear-
What has stan said all along: ing worrying reports of #human-
Fr. Stan has made statements that rightsdefender Stan Swamy being
act as mirrors of the society: taken into custody by the @NIA_
In the current system, justice is India in Ranchi, Jharkhand”.
beyond the means of most of those Hemant Soren, Hon’ble Chief
who have been falsely accused. Minister of Jharkhand has raised a
When the youth stand up question by asking what the inten-
against the systemic wrong (forced tion of the Government is trying
Hemant Soren, CM of Jharkhand
land dispossession), they are to convey by arresting 83-year-old
putting themselves at a risk of Stan Swamy and whether their
being arrested and imprisonment being done in the process… Ques-
sole motive is to curb every voice of
for years without trial. tions to ponder.
dissent.
Compulsions from the corporate Shri. Shashi Tharoor Member
houses outweigh the government’s #StandforStan of Parliament tweeted, “Arresting
obligation to the citizens of the Various prominent leaders from an 83 year old social worker who
country. different fields have extended has brought help to the helpless for
They say, ‘Truth will finally support through social media and decades is a national disgrace. It’s
prevail’…but how long is it going have been standing in solidarity also eroding our country’s standing
to take… and how much damage is throughout. as a liberal democracy in the eyes of
the world”.

CBCI Demands Immediate Personal note


Release of Fr Stan Swamy
I was with Stan, for 3 days, before
his arrest, spending time at his

F
place of solace. It is always more
our days after he was arrested in the Bhima-Koregaon violence than an experience to spend time
case by the National Investigation Agency (NIA) for allegedly with him. More than his ailing
having links with the Maoists, the top body of the Catholics has health, what was more prominent
demanded the immediate release of Father Stan Swamy.
about him, like always, was the fact
The Catholic Bishops’ Conference of India (CBCI) expressed its deep
that he stays strong, and confident.
sorrow and anguish on the arrest of Fr Stan Swamy from his residence.
The press release issued by Archbp Felix Machado, the Secretary He was ready to pay the price as a
General of the CBCI says, true follower of Jesus.
“Fr Stan Swamy, 83 years old, a Jesuit has spent a major portion of Fr. Stan has laid a legacy for the
his life giving yeoman service to the tribals and the downtrodden in the people of India to follow his foot-
state of Jharkhand. According to our reports Fr. Stan has for decades steps. We, as citizens of this coun-
been working to protect the rights of the Adivasis, especially their land try, need to realize the importance
rights. This could have worked against the interests of certain people. of the Constitution, continue to
When questioned during the months of July- August 2020 by author- uphold its values at all odds and
ities, Fr Stan Swamy has fully cooperated with Investigating Agencies disseminate as responsible citizens.
and has provided detailed statements, claiming to be innocent in the
By doing so, we pay homage to the
case. It is difficult to comprehend the plight of an octogenarian with
several morbidities, like Fr Stan Swamy to have to undergo such diffi-
founding fathers and stand in soli-
culties during this pandemic in which even a normal healthy person darity with all the human rights
would hesitate to travel or would never travel risking one’s life.” defenders.
The CBCI made a strong appeal to the concerned authorities to About the authorS
immediately release Fr Stan Swamy and permit him to go to his resi-
Dr. Joseph Xavier SJ is the Director
dence. The Catholic Community has always been lauded by all as a of Indian Social Institute, Bengaluru
body of loyal, law-abiding, and service-minded citizens of Mother (ajoexavier@gmail.com) and Harshita is
India, the CBCI said. studying MSW in St. Claret College, interning
with ISI-B.

Indian Currents | 19 - 25 October 2020 11


cover story

Is the Church in
India Prophetic?
The Church in India is
by Cedric Prakash

clearly not prophetic and


desperately needs prophets
today, endowed with the
vision and mission of Jesus,
who get out of their comfort
zones and are not afraid to
speak truth to power!

O
n 12 March 1977, Jesuit common good;” brazenly adding,” esino brothers and sisters. No one
Fr. Rutilio Grande was Anyone who attacks one of my has to fulfil an immoral law. It is
killed by the regime priests, attacks me. If they killed time to recover your consciences
of El Salvador. Presid- Rutilio for doing what he did, then and to obey your consciences rather
ing over the funeral Mass of his I too have to walk the same path”. than the orders of sin. The church,
dear friend, Bishop (today a Three years later on Sunday defender of the rights of God, of
Saint) Oscar Romero said, “The 23 March 1980, in a powerful the law of God, of human dignity,
government should not consider a homily, Romero minced no words the dignity of the person, cannot
priest who takes a stand for social as he castigated the Government remain silent before such abomi-
justice as a politician or a subver- and the military of his country, nation. We want the government
sive element when he is fulfilling “Brothers, you are part of our own to take seriously that reforms are
his mission in the politics of the people. You kill your own camp- worth nothing when they come

12 Indian Currents | 19 - 25 October 2020


cover story

about stained with so much blood. fication and are languishing in


In the name of God, and in the COVID-ridden jails include Sudha
name of this suffering people whose Bharadwaj, (human rights lawyer
laments rise to heaven each day and activist from Chhattisgar-
more tumultuously, I beg you, I ask h),Varavara Rao (78-year-old Activ-
you, I order you in the name of God: ist, writer and poet from Andhra
Stop the repression!” Romero was Pradesh; he is currently very
assassinated the very next day! sick),Anand Teltumbde (70-year-old
Comparisons are always odious; Dalit scholar and activist),Arun
Fr Stan Swamy is different from Ferreira(advocate and human
Fr Rutilio Grande – though both rights’ activist from Mumbai),Ver-
are/were Jesuits with a tremen- non Gonsalves (civil rights activist
dous passion and commitment to and former professor at Mumbai
the poor and the excluded. And University),Sudhir Dhawale
Romero? There certainly does not (writer and Mumbai-based Dalit
seem to be one on the horizon in rights activist),Shoma Sen(profes-
India. Yes, but there are striking sor at Nagpur University),Suren-
parallels which one should not lose dra Gadling (a UAPA expert and
sight of today! lawyer from Nagpur),Mahesh
Late night on 8 October, 83-year-
old Jesuit Fr Stan Swamy was
“The govern- Raut (a young activist on displace-
ment issues from Gadchiroli),Rona
taken into custody by the National ment should not Wilson (Delhi-based prisoners’
Intelligence Agency (NIA) from
his residence in Ranchi and to an
consider a priest rights activist),Gautam Navlakha
(Delhi-based journalist and civil
undisclosed destination. Accord- who takes a stand rights activist) and at least five
ing to his colleagues, the NIA did
not serve a warrant on Fr. Stan
for social justice other members of the Kabir Kala
Manch troupe.
and that their behaviour was abso- as a politician or a Fr Stan’s arrest and subsequent
lutely arrogant and rude.
The next morning, he was forci-
subversive element imprisonment has made national
news and has even been covered by
bly flown to Mumbai, where he when he is fulfill- some international media. After
was immediately produced before
a special court and then sent to the
ing his mission in a long time, several Catholics and
other Christians (justifiably so)
Taloja Jail just outside the city. the politics of the are out on the streets (there was a
Fr Stan is sickly and feeble;
according to reliable inside
common good” massive silent protest in Ranchi
on 16 October) and on the web -
sources, for more than a week after
- Saint Oscar Romero protesting against the arrest of Fr
his incarceration he was not given Stan and the inhuman way he is
a cot to sleep on, a chair to sit or being treated.
even a walking aid; besides he was Recently, the NIA released a Strangely enough, the CBCI has
kept in common barracks together 10,000-page charge sheet regard- also issued a very carefully-worded
with several other prisoners. This ing the incident with fresh names, statement condemning the arrest.
is inhuman besides being totally including that of Fr. Stan who it A lead article in ‘The Telegraph’
deplorable. is alleged conspired to take on the (11October) entitled ‘83year Priest's
Fr Stan is charged under the Government of India by means arrest unlocks Church Voice’ in
draconian UAPA (Unlawful Activi- of armed militia, along with him a comment on the Bishops state-
ties Prevention Act) for his ‘appar- being connected to the banned ment said, “The statement from
ent’ involvement in the Bhima- left-wing terrorist organisation, the Catholic Bishops Conference
Koregaon violence of January 2018 CPI (Maoist). It makes Fr Stan the of India (CBCI), the apex body of
and participating in the Elgar Pari- oldest person to be charged with the Catholic Church in the country,
shad earlier. Fr Stan vehemently terrorism in India. stood out for two reasons. One, there
and unequivocally has denied the The others charged under this has been a perception that sections
allegations. draconian law without any justi- of the Church establishment have

Indian Currents | 19 - 25 October 2020 13


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been somewhat reluctant to speak the excluded. He invites all to Liberty. Over the years, the Church
out of late because of the Naren- embrace his vision and mission. has taken visible and vocal stands
dra Modi government’s crackdown However, he is not afraid to take against Communism.
on foreign sources of funds. Two, a stand against the Herods and It is no state secret of the role
the CBCI statement focused only on Pilates, the scribes and pharisees St Pope John Paul II played in
the priest, although 15 other rights of his time- they represented an the dismantling of communism
activists, lawyers, academics and unjust system and all that was in Eastern Europe. In his social
writers have been imprisoned in wrong in society. Jesus ultimately Encyclical Letter ‘Caritas in Veri-
connection with the probe into the had to pay the supreme sacrifice. tate’ (July 2009), Pope Benedict XVI
same case”. A sad commentary The Prophets before him did the states, “Charity in truth, to which
from one of the most respected, same and so did countless others Jesus Christ bore witness by his
secular English dailies of India; after him. earthly life and especially by his
its online edition is apparently Since May 1891, Catholic death and resurrection, is the princi-
read by thousands the world over! Social Teaching, with the Encyc- pal driving force behind the authen-
Jesus’ life, message and lical ‘Rerum Novarum’ has been tic development of every person and
mission are clear. He is no ‘politi- consistent on being a voice for of all humanity. Love — caritas
cal’ messiah; he is the Saviour who the voiceless; in speaking truth — is an extraordinary force which
came down to earth to prepare to power. Vatican II highlights leads people to opt for courageous
his people for eternal life. Jesus several of these dimensions. and generous engagement in the
however showed to people that St Pope John XXIII in his 1963 field of justice and peace.”
the ‘Kingdom of God’ is in the Encyclical ‘Pacem in Terris’ high- Pope Francis has been consist-
here and now! He takes sides with lights four non-negotiables for ent with his teachings. He has
the poor, the marginalized and Peace: Truth, Justice, Charity and challenged Bishops and Priests
to defend the poor, the excluded
and the oppressed; he has spoken
bluntly and directly to repressive
regimes, which do not respect the
dignity and the rights of every
human.
In ‘Evangelii Gaudium’ Pope
Francis says, “I prefer a Church
which is bruised, hurting and
dirty because it has been out on the
streets, rather than a Church which
is unhealthy from being confined
and from clinging to its own
security. I do not want a Church
concerned with being at the centre
and then ends by being caught up
in a web of obsessions and proce-
dures.” Ultimately saying, “Peace
in society cannot be understood as
pacification or the mere absence of
violence resulting from the domi-
nation of one part of society over
others. Nor does true peace act as a
pretext for justifying a social struc-
ture, which silences or appeases
the poor, so that the more affluent
can placidly support their lifestyle,
which others have to make do as
they can. Demands involving the
distribution of wealth, concern for

14 Indian Currents | 19 - 25 October 2020


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the poor and human rights cannot


be suppressed under the guise of
creating a consensus on paper or
“I prefer a Church
a transient peace for a contented which is bruised,
minority. The dignity of the human hurting and dirty
person and the common good rank because it has been
higher than the comfort of those
out on the streets,
who refuse to renounce their privi-
leges. When these values are threat- rather than a Church
ened, a prophetic voice must be which is unhealthy
raised.” A similar chord is struck from being confined
and re-echoed right through ‘Laud- and from clinging to
ato Si’ and in his latest pathbreak-
ing Encyclical ‘Fratelli Tutti’
its own security. I do
In keeping with the prophetic not want a Church
ministry of the Church in India concerned with being
in February 2012, at the 30th at the centre and
CBCI Meet in Bangalore on the then ends by being
theme ‘The Church’s Role for a
Better India’, the Bishops said,
caught up in a web
“We sensed in our hearts our coun- of obsessions and
try’s yearning for a Better India. procedures.”
Our country has been noted for - Pope Francis
its deep spirituality, its saints and
sages, its rich diversity of cultures
and religions. People yearn for
the ideal enshrined in the Pream- ethical concerns matter little. The truth to power! Every disciple of
ble of the Constitution of India Church does not wish to rest on her Jesus is not only invited but also
of a Sovereign, Socialist, Secu- laurels. She recommits herself to challenged to do so! Do we have
lar, Democratic Republic which being a prophetic Church, taking a the faith and courage to respond to
will secure for its citizens Justice, decisive stand in favour of the poor that prophetic challenge today?
social, economic and political; and marginalized “We envision an Grande and Romero paid the
Liberty of thought, expression, India with more attributes of the price of being prophets in their
belief, faith and worship; Equal- Kingdom of God such as justice time. In an interview on 8 April
ity of status and of opportunity; and equity with its consequent Pope Francis said, “Let us dare to
Fraternity assuring the dignity of fruits of love, peace and joy.” dream of a better world, and let us
the individual and the unity and Eight years later, the scenario go forth , when we are able , to fulfil
integrity of the Nation. But this today is far worse! One wonders our mission as a prophetic people –
yearning has remained largely why and how the Church in India not only with optimism, but with
unfulfilled. Economic develop- has lost the plot; why have our faith, joy, hope and great creativ-
ment has brought about increasing hierarchy been a betrayal to their ity!”
inequities, an ever-widening gap own lofty words? why has that Fr. Stan did exactly that; but is
between the rich and the poor with commitment to Christ and his today paying the price, languish-
consequent tensions spilling over message been lost in the fear of ing in jail because like a true disci-
into violence. We see around us a the fascists who rule our country ple of Jesus, he was courageous
betrayal of the poor and margin- today? Why does one forget the and prophetic accompanying the
alized, the tribals, dalits and other words of Jesus “fear no one!”? excluded and exploited of our
backward classes, women and The Church in India is clearly country! May we do so likewise!
other groups who live in dehuman- not prophetic and desperately
ising and oppressive poverty. We needs prophets today, endowed About the author

witness rampant exploitation of with the vision and mission of Fr. Cedric Prakash SJ is a human
rights & peace activist/writer. He can be
children. There is disappointment Jesus, who get out of their comfort contacted at: cedricprakash@gmail.com
with those in public life for whom zones and are not afraid to speak

Indian Currents | 19 - 25 October 2020 15


cover story

What is the ‘crime’ I’m


supposed to have committed?
by Stan Swamy, Jharkhand

D
uring the past three
decades I have tried to iden-
tify myself with the Adivasi
People and their struggle for a life
of dignity and self-respect. As a
writer I have tried to analyze the
different issues they are faced
with.
In this process I have clearly
expressed dissent with several
policies, laws enacted by the
government in the light of the
Indian Constitution. I have
questioned the validity, legality,
justness of several steps taken by
the government and the ruling
class.
1. I have questioned the non-im-
plementation of the 5th Sched-
ule of the Constitution [Indian
Constitution, Article 244(1)]
which clearly stipulates that a
‘Tribes Advisory Council’ (TAC)
composed solely of members from
the Adivasi community who will I have challenged the indiscriminate
advice the Governor of the State
about any and everything concern- arrest of thousands of young
ing the protection, well-being and Adivasisand Moolvasis under the
development of the Adivasi people
in the State. label of ‘naxals’ just because they
2. I have asked why the question and resist unjust land-
Panchayats (Extension to Sched-
uled Areas) Act [PESA], 1996 alienation and displacement
[No:40 of 1996] has been neatly
ignored which for the first time
recognized the fact the Adivasi judgment was meant to provide correct the historic injustice done
communities in India have had a some significant safeguards for to the Adivasi and other tradi-
rich social and cultural tradition the Adivasis to control the exca- tional forest-dwellers.
of self-governance through the vation of minerals in their lands 5. I have queried why the
Gram Sabha. and to help develop themselves government is unwilling to carry
3. I have expressed disappoint- economically. out the SC order ‘Owner of the
ment at the silence of the govern- 4. I have cried aloud at the half- land is also the owner of sub-soil
ment on Samatha Judgment, hearted action of government on minerals’. [SC: Civil Appeal
1997 of the Supreme Court [Civil Forest Rights Act, 2006: [Act of No 4549 of 2000] and continues
Appeal Nos:4601-2 of 1997]. The Parliament No:2 of 2007] meant to auctioning coal-blocks to indus-

16 Indian Currents | 19 - 25 October 2020


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trialists without a due share to

In a video
owners of the land.
6. I have expressed my appre-
hension at the recently enacted
Amendment to ‘Land Acquisition
Act 2013’ by Jharkhand govern-
which has
ment which sounds a death-knell
for Adivasi Community. This does
gone viral
away with the requirement for
“Social Impact Assessment’ and Fr. Stan makes
allows the government to give away
even agricultural and multi-crop a powerful
land for non-agricultural purposes.
7. I have strongly disagreed
with the setting up of ‘Land Bank’
statement
which I see as the most recent plot I was interrogated by NIA for 15 hours during a span
to annihilate the Adivasi people of 5 days (July 27, 28, 29, 30 Aug. 6). Apart from my
because it claims that all ‘gair-ma-
bio-data and some factual information, several extracts
jurwa’ land (‘Commons’) belong
allegedly taken from computer implicating my connection to
to the government and it is free to
Maoist forces were placed before me.
allot it to any body (read industrial
I told them all these are fabrications stealthily put into my
houses) to set up their small and
computer and I disowned them. The nature of the present NIA
big industries.
investigation of me has nothing to do about Bhima Koregaon
8. I have challenged the indis-
case in which I have been booked as a ‘Suspected-accused’ and
criminate arrest of thousands
consequently raided twice (28 August 2018 and 12 June 2019).
of young Adivasisand Moolva-
But it had everything to do to somehow establish (i) that I am
sis under the label of ‘naxals’
personally linked to extremist leftist forces, (ii) that through me
just because they question and
Bagaicha is also relating to some Maoists. I denied both these
resist unjust land-alienation and
allegations in strongest terms. After six weeks of silence, I am
displacement. I’ve taken legal
action against the Jharkhand State being summoned to appear in NIA- office in Mumbai.
by filing a PIL in the HC pray- I have informed them (i) that I fail to understand the need for
ing that (i) all Under-Trial Prison- interrogating me further given the fact I have been subjected
ers (UTP) be released on bail on to that for 15 hours already, (ii) that I am not in a position to
personal bond, (ii) speed up the undertake the long journey given my age (83) and the nature of
trial process which surely will the epidemic ravaging the country.
acquit most of them, (iii) appoint Besides Jharkhand State Govt. has given a directive that
a judicial commission to probe during the lockdown period elderly persons above the age of 60
the reasons why the trial process may not appear in public, (iii) that if the investigating agency
is indefinitely being delayed, (iv) wants to interrogate me further it can be done through vid-
the police submit all needed infor- eo-conference. If NIA refuses to consider my request and insist
mation about all UTPs to the peti- that I go to Mumbai, I’ll tell them that it will not be possible for
tioner. It is now more than two me to go for the above reasons.
years since the case was admitted Hoping human sense will prevail. If not, I / we must be
but the police is yet to provide all ready to face the consequences. I would just add that what is
needed information about all UTPs. happening to me is not unique. Many activists, lawyers, writers,
This, I believe, is the main journalists, student leaders, poets, intellectuals and others who
reason why the State is keen to stand for the rights of Adivasis, Dalits and the marginalised
put me out of the way. The most and express their dissent to the ruling powers of the country
feasible way is to implicate me in are being targeted. Grateful to all who have stood in solidarity
serious cases and stall the judicial with me all these years."
process to give justice to the poor
innocent Adivasis.

Indian Currents | 19 - 25 October 2020 17


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tanding
with

tan
Politics of
Fraternity
Standing with deprived sections of the society was Christ’s mission
and it is on that foundation the social teachings of the Church is built

T
he arrest of Fr. Stan Swami, the lauds his Christian courage “to speak truth
octogenarian Jesuit mission- to power and expose the large-scale abuse
ary working in Jharkhand by the of power using anti-terror and sedition laws
National Investigation Agency and land grabbing without due process of
(NIA) is an extremely unfortunate inci- consultation as required.”
dent both for the Catholic church and the From various reports we learn that Fr
civic society of India. He had been haunted Stan became a prick in the eye of the State
by Jose by the NIA for a couple of years for his for standing for the rights of the earth (our
Vallikatt alleged Maoist relations and the speculated common home) and for the adivasis (our
role in Bhima Koregaon case. Stan is the brothers) to save them from the greedy land
latest among the 16 people arrested includ- miners. In that process he has “meticu-
ing well-known rights defender advocates lously documented and published the untold
such as Arun Ferreira and Sudha Bharad- sufferings of hundreds of Adivasi youth,
waj, and writers like Vernon Gonsalvez and who were falsely implicated and imprisoned
Varavara Rao. for exercising their right to defend their
The international Jesuit body condemn- resources” says the JesuitGlobal report.
ing the arrest stated that, “Stan professed In a video statement released two days
his commitment to the Constitution of before his arrest, Fr Stan himself spoke
India and peaceful means of expressing about his work on displacement, land alien-
dissent while questioning any form of ation, rights of gram sabhas and of Adiva-
injustice done to the vulnerable adivasis sis in jail and so on. He said he challenged
by state and police.” The Jesuit statement the “indiscriminate” arrests of thousands of

18 Indian Currents | 19 - 25 October 2020


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“What is happening to
me is not something
unique happening to
me alone. It is a broader
process that is taking
place all over the
country” Ramchandra Guha Prasant Bhushan
- Fr Stan Swamy
nies take precedence over the lives and
livelihoods of adivasis.” Prasant Bhushan
young Adivasis and Moolvasis by labelling
decried that the “venality of this BJP govt
them ‘Maoists’, as they “question and resist
& NIA knows no bounds.” Satish Acharya
unjust land-alienation and displacement.”
cautioned us with his brilliant cartoon that
He thinks this to be a possible reason why
the fascist threat is approaching “faster
he was targeted in the Bhima-Koregaon
than they appear.”
case. Why the arrest of Stan should bother
While the nation was rallying for Fr
us is not just because he is a Christian;
Stan, many bishops and priests set out to
neither is it because he is a Catholic priest.
demonstrate on streets and many others
Stan, a zealous missionary himself vindi-
put strong worded statements on social
cates this by saying, “What is happening
media platforms. Bp. Alex Vadakkumthala
to me is not something unique happening
at a public protest staged in Kannur said
to me alone. It is a broader process that is
that such “blatant human rights violation
taking place all over the country.”
is a scar on Indian democracy.” Fr. Johnson
Every Indian citizen should be
Koovely dared to make a single man protest
concerned with such detainments precisely
on the highway amidst the pandemic
because these are attempts to silence the
restrictions saying that he is “convinced
rights and voice of people. It’s because
that even if the work of Fr Stan is consid-
these are steps leading our country into a
ered a crime Christ will be beside him.”
very autocratic and fascist regime where
only the voices of the powerful politicians
as well as greedy industrialists, and busi-
ness tycoons are heard. Moreover, one
should be concerned about such acts of
silencing and fettering people because this
is against the very spirit of our Constitu-
tion and its highest values. These are acts
through which our hard earned rights and
freedom are butchered and our esteemed
democracy is choked to death.
The light of hope is not absolutely
blown off however, as we see a number of
rallies and reactions across the country
from various groups ranging from Catholic
Bishop Conferences, Chief Ministers, secu-
lar democratic activists, journalists, and
thousands of common people. Ramchan-
dra Guha tweeted that “Modi regime seeks
to suppress and silence them; because for
this regime, the profits of mining compa-
Courtesy: Satish Acharya/FB

Indian Currents | 19 - 25 October 2020 19


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While the political motives of the arrest dignity of the fellow humans becomes inte-
is ambiguous in the instance of Stan’s gral part of the Christian call (CCC#1929),
detention, the Church perceives his work which was what Fr Stan and many other
and engagement with the adivasis as true Catholic missionaries are aiming to
Christian witness to the Gospels. Standing achieve.
with deprived sections of the society was The global Church is committed to
Christ’s mission and it is on that foundation this call for the emancipation of the poor
the social teachings of the Church is built. and the proletariat. The arrest of Stan
The dignity of the human person is at is very disappointing for the reason that
the core of Church’s response to human the evidences are reportedly fabricated.
rights and social justice. Taking care of However the Church might not step back
and protecting the dignity of individu- from its missionary role of giving voices to
als (our brothers) as well as the earth (our the weaker sections. The arrest may slow
common home) is linked to the common down the human rights activism in the
good and it is intrinsic to Church’s evangel- area temporarily. Nevertheless it’s our wish
ical mission. The Catechism of the Catholic that the Catholic church come forward
Church defines common good as creating with increased enthusiasm encouraging its
and providing the right social conditions, brave and resolute sons and daughters to
so that individuals and communities can continue the mission of Christ undertaken
reach their full potential and live a full by missionaries such as Stan.
human life (CCC #1906). Defending the Pope Francis has provided the most
appropriate context to pursue such activ-
ities with greater hope, courage and

Catholic church must come forward commitment. The recently released papal
encyclical Fratelli Tutti (FT) which calls for
with increased enthusiasm encour- a “better kind of politics” marks the golden
aging its brave and resolute sons moment in the history of politics which has
been degenerating in the recent decades. In
and daughters to continue the the letter which adds to the existing body
mission of Christ undertaken by of Catholic Social Teachings he calls for a
renewed form of politics stimulated by the
missionaries such as Stan sense of fraternity of people. India which

20 Indian Currents | 19 - 25 October 2020


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plays on divisive politics requires such


a renewal urgently. The Church in India
should carry forward these principles in its
public engagement especially for defending
the rights of the oppressed like adivasis,
Dalits and other less privileged sections.
Francis cautions that politics “can
degenerate into an unhealthy “populism”
when individuals are able to exploit polit-
ically a people’s culture, under whatever
ideological banner, for their own personal
advantage or continuing grip on power.”
However, real politics should “become the
basis of an enduring vision of transforma-
tion and growth that would also include
making room for others in the pursuit of spur people to create more sound institu-
the common good (FT #159). Fr. Stan who tions, more just regulations, more support-
never wished to become a popular leader, ive structures.” This is an act of love striv-
but stood with the deprived adivasis, is a ing to organize a less discriminate society
classic example of what Francis says. where there is no poverty and hunger as
While on one hand the Indian politi- well as joblessness (FT #186). “Charity is
cal sphere has been blending a cocktail the spiritual heart of politics” and this is
of religius politics (which is a destruc- what helps the Church as well as good poli-
tive tendency), on the other it is being ticians to “combat all that threatens or
slowly dominated by disproportionate violates fundamental human rights” (FT
capitalist motives. We have been witness- #187-88).
ing that the plight of the poor in India is Given the context of increasing complex-
growingly desperate both before and after ity of Indian politics where large sections
the pandemic due to the pro-industrial- of people suffer injustice, and in the wake
ist and corporate policies of the govern- of the new teachings of Pope Francis, the
ment. According to Pope Francis “market Church in India should courageously reach
freedom” is not the final solution, instead out to the realm of politics and public life
“we must put human dignity back at the than shy away from it. Bemoaning the sloth
centre and on that pillar build the alterna- and sluggishness of “the Church unequivo-
tive social structures we need” (FT # 168). cally to condemn slavery and various forms
Indeed what motivated Fr Stan and the of violence” Pope Francis reminds us that
people of his ilk to engage in public sphere now “with our developed spirituality and
is the State’s alienation of land and people theology, we have no excuses” (FT #86). By
from their rights. engaging positively in public sphere Chris-
To the global society which is “suffer- tians may be able to remove the ‘distaste’
ing from grave structural deficiencies” of politics contaminated by the mistakes,
Pope Francis prescribes the medicine of corruption and inefficiency of some politi-
political love and social friendship which cians, and replace it with “a politics which
“recognizes all people [as] our brothers and is far-sighted and capable of a new, integral
sisters... It demands a decisive commitment and interdisciplinary approach to handling
to devising effective means to this end. This the different aspects of the crisis”
entails working for a social and political (FT #176-77).
order whose soul is social charity. Francis True Christian witness requires us to About the author
calls this “political charity” (FT #179-180). make great sacrifices. We must be proud of
Fr Jose
The Church engages in the public sphere it and prepared for that as Fr. Stan’s work Vallikatt MST
motivated by the “commanded” love (as and words remind us, “I am not a silent is a social critic,
specialised in media,
opposed to the love that is “elicited”), which spectator, but part of the game, and ready religion and culture
is “expressed in those acts of charity that to pay the price whatever be it.”

Indian Currents | 19 - 25 October 2020 21


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Be Prophetic
Message from Fr. Stan to
consecrated women and men
“If you are neutral in situations of injustice, you have chosen the side of the oppressor”

by Jacob
Peenikaparambil

T
he Catholic Church in
India expressed its ‘deep
sorrow and anguish’ at
the arrest and imprison-
ment of Fr. Stan Swamy and it
demanded his immediate release.
The statement recalled the work
of Fr. Stan Swami for decades to
protect the rights of the tribals of
Jharkhand.
The CBCI, Kerala Bishops’
Conference, the Jesuits and some Fr Stan’s efforts to organize the tribals
other religious congregations against their land alienation and
also appealed to the authorities to
release Fr. Stan Swamy. Besides displacement and to free about 3000
Stan Swamy, 15 activists, lawyers tribal youth who are falsely implicated
and academics are jailed in
connection with the violence that
in criminal cases and languishing in
broke out in Bhima Koregaon on jails made the government angry and as
January 1, 2018.
Some of them are in Jail for
a result he is linked with the Maoists
more than two years. As advocate
Vrinda Grover termed, the case
against the activists is ‘crimi- in Jharkhand and has used the “Possible Response by the Church
nalization of dissent’, as those Bhima Koregoan issue to fix him. and the Religious Groups”.
arrested had raised their voice on Forum for Justice and Peace In his speech he shared with
various issues. Stan Swamy has held its national convention in the participants the opposition,
never gone to Bhima Koregoan Ranchi in February 2018 on the threats and the harassment he and
and he has nothing to do with this theme, ‘Challenges to Secular his colleagues were facing from
case. The government is annoyed Democracy in India Today’ and the then BJP state government. It
with him for exposing the human Fr. Stan Swamy was one of the is pertinent to recall some of the
rights violations of the tribals speakers and he spoke on the topic points raised by Fr. Stan in his

22 Indian Currents | 19 - 25 October 2020


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address to the consecrated women and to free about 3000 tribal youth October Professor Apoorvanand
and men. who are falsely implicated in crim- said Fr. Stan was continuing the
Local church’s top functionar- inal cases and languishing in jails work of Jesus, i.e. fighting against
ies had openly told him that the made the government angry and injustice which is the ‘most sacred
Church would not be part of any as a result he is linked with the task’.
people’s movements’ especially, if Maoists. Before his arrest Fr. Stan It is heartening to note that a
they question the powers that be. had said in a statement, “During good number of consecrated women
A consolation prize the Church the past three decades I have tried and men participated in the protests
and Religious groups offered was to identify myself with the Adivasi against the illegal arrest and
that they allowed a few individual people and their struggle for a life imprisonment of Fr. Stan in differ-
clergy and religious to participate of dignity and self-respect. As a ent parts of India. Expression of
in people’s movements and people’s writer, I have tried to analyze the solidarity with Fr. Stan will become
organizations, but always with a different issues they are faced complete only when the consecrated
caution that they don’t become with. In this process I have clearly women and men become aware of
too radical or ‘political’ in their expressed dissent with several poli- the socio-political churning taking
involvements. cies, laws enacted by the govern- place in India and stand up against
Fr. Stan had warned that the ment in the light of the Constitu- the human rights violations and
institutions of the Church would tion. I have questioned the validity, denial of fundamental freedoms
increasingly become millstones legality, justness of several steps guaranteed by the Indian constitu-
around the neck of the Church. taken by the government and the tion.
He appealed to the Church and the ruling class.” While speaking at a Today, India is witnessing an
religious congregations to de-in- protest meeting in Delhi on 13th array of denial of justice and
stitutionalize the institutions by
opening them up to people’s move-
ments and offering them logisti-
cal support in their actions. He “Fr Stan was continuing the work of
also told them to actively partici-
pate/become members of Human
Jesus, i.e. fighting against injustice
Rights Networks. The communities which is the most sacred task”
and residences of the Religious
should become “open houses” for
- Prof. Apoorvanand
the people in the neighbourhood,
especially the poor and activ-
ists involved in taking up justice
issues. Above all, he appealed to
the consecrated women and men
to evolve a spirituality based on
the on ‘Jesus of Nazareth and not
on Jesus of the Christians’. “The
historical Jesus of Nazareth was a
revolutionary whereas the Jesus of
the Christians has been deified and
imprisoned inside our churches
and tabernacles”. Fr. Stan started
his speech with a quotation of
Bishop Desmond Tutu. If you are
neutral in situations of injustice,
you have chosen the side of the
oppressor.
Fr. Stan took the side of the
victims of injustice. His efforts to
organize the tribals against their
land alienation and displacement

Indian Currents | 19 - 25 October 2020 23


cover story

perpetration of unjust acts by the being made on them. A good doctor


state agencies. Secular democ- in Uttar Pradesh, Kafeel Khan, was
racy, rule of law and the Consti- in jail for many months because he
tution to India are under threat. dared to speak against the Home
Blatant violations of human Minister of India in the context of
rights and basic freedoms guaran- the Citizenship (Amendment) Act
teed by the constitution of India (CAA). The 16 activists, lawyers and
are taking place. The Indian State academics are put behind the bars
has become the greatest violator linking them with Bhima Koregoan
of the rights of its citizens. While violence because of their dissent.
the executive is becoming dicta- The investigation agencies like
torial and fascist, the parliament CBI, NIA, NCB, ED, Income Tax
has become a rubber stamp. Laws Department etc. are being misused Consecrated women and men,
are being passed without any and abused by the government to who have left everything for the
discussion in the parliament and target and persecute the opposition sake of the mission of Jesus of
without giving a chance to the party leaders, critics and human empowering the people of God,
people to express their views. The rights activists. have a greater responsibility at
Judiciary that is entrusted with NGOs and Civil Society Organi- this crucial juncture to make the
the task of protecting the rights of zations are being harassed through people aware of what is happen-
the citizens and safeguarding the filing false cases against them. The ing in the country and to motivate
constitution often looks the other latest amendments to the Foreign them to respond effectively. The far
way. The consequence is denial Contribution Regulation Act are and wide support and expression of
of justice to people especially the one of the means adopted by the solidarity to Fr. Stan from different
underprivileged groups. Central government for paralysing sections of the Indian society, espe-
Political dissent is treated as a the NGOs. cially the activists, academicians,
crime. All those who criticize the If democracy is a form of govern- lawyers and intellectuals show that
government and the ruling party ment ‘of the people, by the people if the consecrated women and men
or having dissenting views are and for the people’, the people have make people as their religion, they
branded as anti-nationals and they to take the responsibility of correct- will be accepted and supported.
are put behind the bars under the ing the huge distortions that are As many consecrated women
draconian laws like Sedition Law, taking place in the political system and men came to the streets and
National Security Act, UAPA and of the country. Eternal vigilance is participated in the protests against
Public Safety Act. From terrorism the price that the people have to pay the arrest and imprisonment of
to dacoity, all kinds of charges are for safeguarding democracy. Fr. Stan, they have to do the same
whenever the human rights are
violated and injustice is done to
any citizen or any group of people.
It is to be appreciated that a good
number of women religious
in North India took part in the
protests against the gang rape in
Hathras, UP. Let the whole world
see their prophetic action of stand-
ing up and speaking out against
the politics of oppression, division,
exclusion and hatred and religious
nationalism.
About the author

Jacob Peenikaparambil is a trainer


and consultant to Non-Profit Organizations
and presently a team member of Universal
Solidarity Movement (USM) Indore. He can
be reached at: jacobpt48@gmail.com

24 Indian Currents | 19 - 25 October 2020


cover story

Arrest of Fr Stan
A call to speak up for others
The arrest of Fr Stan Lourduswamy, 83, is a violation of human by Dr J. Felix Raj
rights. Arrested in Ranchi on October 8 and taken to Mumbai the
next morning, he has been sent to judicial custody till October 23

W
e are unfairly lodged in jails
distressed and labelled Maoists. In
and troubled. 2010, he published a book
We express about this, titled Jail Mein
our deep concern over Band Qaidiyon ka Sach
the arrest and demand (The truth of undertri-
his immediate release als).”
considering his age and In the book, he states
Parkinson disease. Fr Stan that the family income
committed his entire life of the youths arrested
for the uplift of the trib- was less than Rs 5,000 in
als and Dalits in India, 97 per cent of the cases,
particularly in Jharkhand. and they could not afford
I have known Fr Stan lawyers to represent them.
Swamy for many years. He is a veteran fearless tribal He claimed 98 per cent of those arrested were falsely
rights activist who has worked for over five decades implicated and had no links to the Naxalite move-
in Jharkhand, fighting for the rights of the Adivasi ment. Fr Stan Swamy has sought to represent those
community. He was part of the Jharkhand Organisa- who are yet to get rights to land under the Forest
tion against Uranium Radiation (JOAR), a campaign Rights Act (FRA), 2006, which seeks to recognise
against Uranium Corporation India Ltd in 1996. forest-dwelling communities’ claim to land they have
Looking at the shameful way this senior Jesuit inhabited for generations.
priest has been arrested, I find myself failing to It is time now for all academicians, thinkers,
repeat the words of Christ on the Cross: “Father, philosophers, theologians and the like to come out
forgive them; they do not know what they are doing.” openly and speak out against the arrest of activists
The arrest is politically motivated. As a true Jesuit and acts of injustice. Our intervention at this junc-
who follows Christ, Fr Stan Swamy is sharing in the ture will definitely put the wheels of our country on
sufferings of Christ for the sake of justice and truth. the right track.
Fr Stan Swamy has often raised his voice against What German Bishop Niemoler said about the situ-
alleged police excesses in Jharkhand, and what he ation under Hitler might teach us something: “When
describes as the government’s failure to properly Nazis put communists in the concentration camp, I
implement the Fifth Schedule of the Constitution in did not protest because I was not a communist; when
the state. they persecuted the social democrats, I did not protest
The Fifth Schedule stipulates that a “Tribes Advi- because I was not a social democrat; when they
sory Council (TAC)”, composed solely of members massacred the Jews, I did not protest because I was
from the Adivasi community, advise governors of not a Jew; When they banned all political parties and
tribal-inhabited states on their well-being and devel- trade unions, I did not protest because I was not one
opment. Fr Stan Swamy has claimed that none of the of them; when they came for me, there was no one to
governors — the discretionary heads of these coun- speak for me.”
cils — has ever reached out to the Adivasis to under-
stand and work on their problems. About the author
Fr Stan Swamy has also been a vocal advocate for
Rev. Fr J. Felix Raj, SJ, is vice-chancellor of St. Xavier’s University
the release of undertrials. He says they have been

Indian Currents | 19 - 25 October 2020 25


a close look

Hate shower
Tanishq’s
by A.J. Philip

capitulation Jewellery business


in India is one of
the worst affected
by Coronavirus.
Who will buy jewel-
lery when you sit
at home with no
party or marriage
to attend? Its prob-
lems began with the
ill-conceived and
hastily-executed
demonetisation

the Tatas with the profits they


made from the magazine. It is
immaterial whether the money

O
nly once in my life did I Connaught Place. I bought a gold came from selling salt or a maga-
buy a piece of gold jewel- chain, more for its novel lock- zine.
lery to give a surprise to ing system than for its design, What matters is that Tanishq
my wife. It was a chain about which I knew little. If I see has credibility. In fact, all Tata
with a pendant. I had to be extra a woman wearing a gold chain or products, save Nano, have tradi-
cautious. I did not want to repeat a necklace, I would see her more tionally enjoyed credibility. This
the bitter experience of buying a than her costume or jewellery. is because the House of Tatas is
gift for her from the souvenir shop The Tanishq staff were very known for following certain prin-
in Hollywood in Los Angeles. courteous, as they told me that ciples while carrying out its busi-
I chose a cloth bag which had the price was the same whether I ness. Small wonder that a Tata
a picture of the cartoon charac- bought it from Kolkata or Mumbai employee is proud of saying that
ter Betty on it. It cost me $30, a or anywhere. The chain is now he or she is a Tata employee.
big sum. My wife found out that a part of my wife’s collection, True, the Nira Radia tapes, the
similar bag was available for Rs however humble it is. revelations about the Tatas paying
10-15 in the Karol Bagh Market in My friend Mohan Sivanand, protection money in the North-
New Delhi. who was the editor of the Read- east and the cheating of the farm-
Once bitten twice shy, I went er’s Digest for more than a decade, ers while shifting their Nano car
to the Tanishq showroom in says that Tanishq was set up by factory almost overnight from

26 Indian Currents | 19 - 25 October 2020


a close look

Baby shower, not hate shower: Tanishq hit upon the idea of producing a short ad film to bring customers back to their showrooms

West Bengal to Gujarat, have so that they can shower the baby not keeping the daughter-in-law
dented to some extent their image with gifts. Sometimes, the cere- happy the tradition of one and
as a trustworthy entity. mony is organised after the baby all?”
Jewellery business in India is is born. They are organised even The moral of the story is that
one of the worst affected by Coro- in Europe and America. Egyp- the Muslim mother-in-law is going
navirus. Who will buy jewellery tians also had a similar kind of out of the way to make her Hindu
when you sit at home with no ceremony. Christians in India daughter-in-law happy. She is the
party or marriage to attend? Its use the occasion of child baptism one who sacrifices. There is no
problems began with the ill-con- as a baby shower. Tanishq’s film trace of bitterness between the
ceived and hastily-executed is beautifully and aesthetically two ladies.
demonetisation. produced. What’s more, there is no hint
Now that more and more estab- It shows a young, fully preg- that the soon-to-be mother has
lishments are opening up, includ- nant woman being ushered into a forsaken her religion. What the
ing movie theatres, jewellers see brightly lit, tastefully decorated film highlights is that when
a window of opportunity. That hall by a middle-aged woman love unites two persons and two
Diwali is fast approaching is yet and allowed to sit on a sofa. She cultures, all the walls of differ-
another attraction for them. is received with the serving of a ences and separation will collapse.
Tanishq hit upon the idea of traditional glass of sherbet. I thought it was a beautiful theme,
producing a short ad film to bring Of course, there is gold jewel- beautifully presented, though the
customers back to their show- lery all around. There are no subtle aim was to sell Tanishq’s
rooms. They chose Baby Shower dialogues other than between the jewellery.
as the theme of the film. Baby woman in the family way and the Alas, the cyber warriors of
shower is not a new concept. Its other lady. She wonders why the Hindutva saw the film as promot-
roots can be traced back to the ceremony was organised when it ing Love Jihad. They unleashed a
Vedic period. was not part of their custom. campaign against Tanishq forcing
Baby shower is organised to That is when the viewer gets the company to withdraw the film
announce the impending arrival the hint that she is a Hindu, from circulation.
of a new member of the family. married to a Muslim boy. The One good thing is that even
Friends and relatives are invited mother-in-law replies to her: “Is after the withdrawal, the film

Indian Currents | 19 - 25 October 2020 27


a close look

can still be viewed. In fact, tens It is no surprise that Savarkar any community is absolutely repre-
of thousands have viewed it, this was the first to theorise in his hensible. The mother-in-law in the
writer being one of them. The little book on Hindutva that Tanishq film is not an exception.
propaganda about Love Jihad is Hindus and Muslims could never Sameena Dalwai is a professor
the most illogical and ludicrous. co-exist happily. Decades later, of law. In an article in the Indian
It supposes that a Hindu woman Mohammed Ali Jinnah merely Express, she described how her
is dying to fall for the first Muslim adopted Savarkar’s idea to demand mother, a social activist from Maha-
man to show interest in her. Are and obtain Pakistan. rashtra fell in love with a Muslim
such women so dumb that they Of course, Jinnah fanned the man. In doing so, they defied all the
cannot think about the conse- Muslim fear that once the Hindus societal norms.
quences of their action? had a state of their own, they Her mother remained a Hindu
Why the Sangh Parivar warri- would not treat the Muslims as and her father remained a Muslim
ors can’t stand the film is that it equal citizens. The likes of Naren- even as they brought up their
depicts a happily married woman. dra Modi and Amit Shah are willy- daughter as an eclectic person.
It negates their propaganda that nilly proving that Jinnah’s theory Today, she has an adopted son
a Hindu woman can never be was not all that baseless. Look at from Nagaland while her sibling is
happy in a Muslim household. It how they destroyed the identity of married to a Chinese. She herself is
goes against the grain of human the only Muslim-majority state in married to a Reddy from Telangana.
nature. Alas, their whole ideol- India! Writing this column has caused
ogy is built on the foundation of While politics influences life a break in my reading of the recent-
hatred. in myriad ways, straitjacketing of ly-published Devaki Jain’s autobi-
ography entitled The Brass Note-
book with a Foreword by Amartya
Sen. She was born a South Indian
It is utterly idiotic even to suggest that Brahmin. When she decided to
Muslims who constitute less than 15 per marry a Jain, her family virtually
excommunicated her.
cent of the population can wage a love Her husband is no more but look-
jihad against Hindus in a nation, where ing back, she is only happy that she
married him and raised a family of
they constitute about 80 per cent of their own. Nobody saw it as a case
the population and also control all the of Love Jihad. Persons of opposite
sex have been getting attracted to
levers of power each other since, to use a Biblical
idiom, Adam and Eve were placed
in the garden of Eden.
If anything really unites two
human beings, it is love. No Hindu
or Christian or Muslim marriage
will survive if the bond of love
disappears from the marriage. We
had a Malayali Christian friend in
Patna who was married to a famous
Hindu Bengali doctor.
Their son and his wife, who was
from the Northeast, served India
as ambassadors. The tallest BJP
leader in Bihar is Sushil Kumar
Modi, whose wife is a Syrian Chris-
tian from Kerala. A senior BJP
leader whose daughter is married
to a Muslim is Subramaniam
Swamy. Nobody described these
Tanishq withdrew an Ad showing interfaith harmony after rightwing rant

28 Indian Currents | 19 - 25 October 2020


a close look

marriages as Love Jihad or Love Studies in genetics have shown


Conquest. In the tinsel world, I that any community which prohib-
can mention innumerable cases of its marriage outside of their
Muslim actors and Hindu actors limited clan promotes its own
living in successful inter-religious extinction. The Jews were large in
marriages. Shah Rukh Khan and number in Kerala but today there
Aamir Khan are classic examples are not even a dozen of them.
in this regard. Their synagogues attract tourists,
Sharmila Tagore remains the not worshippers.
quintessential Bengali Hindu, It is no secret in America that
although her husband was a children born of mixed marriage
Muslim with a royal lineage. True, have better skin colour and are,
some such marriages ended in therefore, more handsome and
divorce. For every inter-religious beautiful. In India, who can speak
marriage that ended in divorce, better about secularism than the
there are hundreds, if not thou- likes of Sameena Dalwai, I quoted
sands, of “customary” marriages earlier?
that ended in divorce. Inter-caste and inter-religious
It is utterly idiotic even to marriages would actually break
suggest that Muslims who consti- caste-based and religion-based
tute less than 15 per cent of the divisions. That is why they were
population can wage a love jihad promoted by social reformers
against Hindus in a nation, where and political thinkers. Recently,
they constitute about 80 per cent of when a Dalit MLA in Tamil Nadu
the population and also control all married an upper caste girl, her
the levers of power. father threatened to commit
Those who campaigned against suicide.
the Tanishq film are the ones The Constitution allows adult
who find a danger in the diversity men and women to marry anyone
of the country. Actually, diver- Savarkar was the first to theorise in his little of their choice. No political party
sity should be seen as the great- book on Hindutva that Hindus and Muslims or their fake cyber warriors
could never co-exist happily
est strength of the country. It is have any right to disrupt their
for this reason that leaders like marriages. Nor have they any
Gandhi and Nehru eulogised the Take the case of Congress right to disrupt the screening
unity-in-diversity slogan. leader Sonia Gandhi. She is more of a film that showcases a happy
The beauty of a garden is that Indian than Indian. Yet, the Sangh marriage. Tanishq did a great
it has different plants that produce Parivar leaders are never tired disservice to the nation by with-
different types of flowers. There is of calling her an Italian. She is drawing the film.
a Rose Garden in Chandigarh. It is a Hindu as she is married to a Bullies need to be treated
worth visiting because it has rose Hindu but in their perception she as bullies. They are the ones
plants that produce rose flowers in is still an Italian Catholic. They who chicken out when they are
different colours and sizes. There, are the ones who cannot visual- resisted. Tanishq would have won
too, diversity is what makes the ise a Hindu woman finding herself the hearts of tens of millions of
garden attractive to the visitor. happy in her husband’s parental people who believe in inclusive-
Yet, in countless villages and home. ness if they had not compromised
slums in India, people see them- Tatas are Parsis, not Hindus. and, instead, stood firm against
selves as people, not as Hindus It is one community that has those who think that baby shower
or Muslims. For them, Diwali or been showing a negative growth is hate shower.
Eid or Christmas is an occasion to rate. Why is it so? It is because of
celebrate the essential goodness of certain restrictions they follow. A About the author

man. Alas, an effort is being made Parsi woman loses her right to call AJ Philip is a citizen journalist and social
to disrupt the harmony that exists herself a Parsi, if she marries a worker. He can be reached at:
ajphilip@gmail.com
among them. non-Parsi.

Indian Currents | 19 - 25 October 2020 29


Politics

by Dr. Pauly
Mathew Muricken

T
he recent direction of the
Madras High Court to the
Central Government requiring
it to explain why it should not
enact a law prohibiting people with
criminal background from contesting
in Parliamentary, Assembly and Local
Body elections, has once again alerted
and kept alive the most troubling
issue of criminalization of politics.
An analysis of the 2019 Lok Sabha
election winners by the Association
for Democratic Reforms, a non-govern-
mental organisation, revealed that 43%
(233 out of 539 Members of Parliament)
had declared criminal cases pending
against them and 29% of the legis-
lators were facing serious criminal
indictments.
Courtesy: www.cartoonistsatish.com

This is an indication of the ab-


sence of a comprehensive legislation
regulating this endangering political
and social phenomenon. Evidently,
Court cannot legislate or play the role
of Parliament and that legislation
should always emanate from the legis-

Criminal
lature. However, the ‘little man’ cannot
be made to suffer on account of the
lethargy, indifference and slackness
of the lawmakers and policymakers in

Politicians
attending to this serious cause, which
has now blown to such disastrous
levels offending the very foundation of
the democratic system.

Let not lawbreakers The Politics of Crime Syndi-


be lawmakers cates
A criminal generally begins the jour-
Politics cannot become the safest haven for criminals ney at local level with petty crimes.
In big cities, he begins with country
liquor, gambling, betting and so on.
The politicians use criminals for their
selfish ends and in turn the criminals

30 Indian Currents | 19 - 25 October 2020


Politics

and their syndicates seek their of disqualification, in addition to K.Prabhakaran case (2005), Court
protection and patronage from conviction. pointed out that the purpose of
politicians to carry on criminal enacting disqualification under
and anti-social activities. The Supreme Court as the Section 8(3) of the Representation
Vohra Committee (1993) categor- Guardian of Democracy of the People Act is to prevent
ically found that all over India While we are justifiably proud criminalization of politics.
crime syndicates have become a of our democracy, much needs to Chief Justice R.C. Lahoti
law unto themselves. The Report be done by the political parties speaking for the majority ob-
says: “The various crime syndicate from the stage of selection of served: “Those who break the law
major organizations have devel- candidates. The Supreme Court should not make the law. Generally
oped significant muscle and money has been stern in its approach speaking, the purpose sought to
power and established linkage in preventing criminalization of be achieved by enacting disquali-
with governmental functionaries, politics so as to cleanse the system. fication on conviction for certain
political leaders and others to be Very recently in February 2020, the offences is to prevent persons with
able to operate with impunity.” Court ordered political parties to criminal background from enter-
The use of money or muscle publish the entire criminal history ing into politics and the House
power and the totally unacceptable of the contesting candidates for – a powerful wing of governance.
practices of intimidating voters Assembly and Lok Sabha elections, Persons with criminal background
and capturing booths offend the along with reasons that made them do pollute the process of election
very foundations of our socio-eco- to choose those with criminal as they do not have many a holds
nomic order. In the past, criminals records over other candidates. In barred and have no reservation
usually worked behind the scene,
but now apart from extending
indirect help, they themselves con-
test the elections. This is nothing The Supreme Court Judgment in Lily
but derailment of the democratic
polity train.
Thomas Case (2013) has not only set the
The criminalization of politics standards for lawmakers and rulers but
has poisonous effect on the govern-
ance of law and order and criminal
has also curbed the menace of crimi-
justice. The chances of procuring nalization of politics to a considerable
conviction of criminals in major extent, though not eternally resolved
offences have become increasingly
difficult and often they get away
with their sins of commission and
omission. The political interfer-
ence in the investigation process
appears to crumble the criminal
justice delivery system. Acquittals
and lighter sentences in cases
where the accused is found guilty
of the offence equally make mock-
ery of the system.
Dinesh Goswami Committee
suggested that legislative meas-
ures must be taken to check booth
capturing, rigging and intimida-
tion of voters. In its 170th Report,
Courtesy: Debasish Deb

the Law Commission of India


recommended that in electoral
offences and certain other serious
offences, framing of charge by the
Court should itself be a ground

Indian Currents | 19 - 25 October 2020 31


Politics

from indulging into criminality to has also considered the question


win success at an election.” of the effect of acquittal by the
appellate court on disqualification.
Convictional Disqualifica- It has now become the law with the
tion decision in Prabhakaran’s case that
The Supreme Court Judgment in the question whether a candidate is
Lily Thomas Case (2013) has not qualified or not or disqualified for
only set the standards for lawmak- being chosen to fill the seat has to
ers and rulers but has also curbed be determined by reference to the
the menace of criminalization of date for the scrutiny of nomina-
politics to a considerable extent, tion. The returning officer cannot
though not eternally resolved. postpone his decision nor make it
Judgment of the apex court came conditional upon what may happen
at a stage when criminalization of subsequent to that date. Court has
now taken the view that post-con-
victional disqualification would
Political parties out of their craving take into effect immediately and
no additional layer of protection
for political power and consequential can be extended to sitting MPs
benefits do not hesitate in giving tickets and MLAs in this regard. These
verdicts in the form of ‘temporary
to those with criminal background and patchwork’ have filled the yawning
do not object to their help in winning gap in legislation and have helped
in checking the criminalization of
the elections politics.

Inadequacies of Legislative
politics had become an obnoxious convictional disqualification as a Controls
cancerous growth proving lethal powerful mechanism restricting The courts in the country are well
to electoral politics and demo- entry of persons with criminal an- aware of the problem of criminali-
cratic polity. Purity and sanctity tecedents in the electoral scenario. zation of politics and have been
of electoral process, sine qua non It also derecognized the continu- making a call to the legislature to
for a sound system of governance, ance of such disqualified persons intervene and legislate, but politics
appears to have become a for- as legislators. is an area where even angels fear
gotten thing these days with the Convictional disqualification to tread and the courts do not want
entry of large number of persons for candidature appears to be to overreach. There are provisions
with criminal antecedents in the an effective remedy. An order of in the Indian Penal Code envisaged
supreme legislative bodies. remission also does not wipe out to check election evils but only
Political parties out of their the conviction. For actual disqual- nominal punishments have been
craving for political power and con- ification, what is necessary is the provided and required interest is
sequential benefits do not hesitate actual sentence by the court. It is not taken in prosecution of elec-
in giving tickets to those with crim- not within the power of the appel- tion offenders. Once the election
inal background and do not object late court to suspend the sentence; is over, usual thinking is to forget
to their help in winning the elec- it can only suspend the execution everything. Hence, legislative meas-
tions. Thus, politicization of crimi- of the sentence pending the appeal. ures have failed to check meaning-
nals and criminalization of politics The suspension of the execution fully the criminalization of politics.
needs to be checked at any cost for of the sentence (imprisonment
the democracy to thrive. With the of not less than two year) does Way Forward
Judgment in Lilly Thomas case, not remove the disqualification. Criminalization of politics is
the Court through a purposive and When a lower court convicts an deeply disturbing and it closely
constructive interpretation of the accused and sentences him, the concerns the entire nation. Politics
provisions of the Representation presumption that accused is inno- cannot become the safest haven
of the People Act, 1951 recognized cent comes to an end. The Court for criminals. Equally, rule of law

32 Indian Currents | 19 - 25 October 2020


Politics

cannot be replaced by the rule


of politics. True, political parties
are at the heart of parliamenta-
ry democracy. But the entry of
criminals in election politics must
be restricted at any cost. It is the
silent form of emergency. It is de-
scribed as ‘termite to the citadel of
democracy’. If not checked, it will
erode the foundations of democra-
cy. The dearth of talented persons
in supreme legislative bodies and
politics may virtually collapse
the country internally as well as
externally. A number of Commis-
sions and Committees such as, the
Law Commission of India, Election
Commission, and Vohra Commit-
tee etc. have examined the issue
of criminalization of politics. But
The use of money or muscle power
the problem is aggravating without and the totally unacceptable practices
any tangible solutions to resolve
this crisis confronted by the politi-
of intimidating voters and capturing
cal system. booths offend the very foundations of
The Parliament has taken
efforts by amending the Penal Code
our socio-economic order
and the Representation of the Peo-
ple Act, but the exercise has proved
futile. The Supreme Court has also the minimum punishment should would definitely help to maintain
shown activism to check the evil be not less than two years. In the sanctity and purity of elections
but the problem remains unabat- Representation of the People Act, and ensure free and fair elections.
ed. It is a fact that the Court has provisions should be incorporat- It is for the Parliament to legislate
in unequivocal terms signaled to ed to ensure that even suspects on electoral matters. Parliament
prevent criminalization of politics. should not make entry into is the radar of socio-economic
It is not the last of the first or the politics. The requirement of filing growth of the nation. Parliament
first of the last. It has emphasized affidavit disclosing information in should consider enacting a strong
the higher political principle that respect of pending criminal cases and comprehensive law, making it
those who break the law should not should be rigorously enforced, so mandatory for political parties to
be allowed to make the law. that the voters would get a fair revoke the membership of persons
The roots of the problem lie in chance to learn about the anteced- against whom charges are framed
the political system of the country. ents of the candidates, and take in heinous offences and not to per-
There is lack of political will and an informed decision. Selection of mit them from contesting in the
consensus to combat the problem. candidates by the political parties elections. Indian politics should
The political parties also do not requires review; must be based on reinforce its ‘culture of integrity’
believe in higher ethical norms qualifications, achievements and and ‘climate of social service’. Po-
placed over them. They seldom merit; and not merely looking at litical parties should envision that
stand united to address the issue winnability at the polls. what the country needs is lawmak-
of criminalization of politics. They In the midst of ever-deteriorat- ers and not lawbreakers.
also forget the proclaimed truth ing standards of politics, there About the author
that ‘Be you ever so high, the law is the need for setting up Special Dr. Pauly Mathew Muricken is a
is above you’. The way forward Courts for trying all categories prominent lawyer, an acclaimed writer
is to suitably amend the electoral of cases of criminalization of and a distinguished academician and
researcher based in Kochi.
laws. For every electoral offence, politics. Such a desirable step

Indian Currents | 19 - 25 October 2020 33


human rights

Educating for
human dignity
Importance of human rights by Dr. Albert
P’Rayan

education in schools targeted, arrested and tortured.


False charges are framed against

I
Human rights education nstances of human rights those who fight for the rights of
can incorporate human violations across the globe tribals, Dalits, religious minor-
rights values into have been on the rise for the ity communities, the poor and the
students’ attitudes and past few years. The practice disadvantaged.
of prosecuting and persecuting Voices of dissent are
behaviours and help rights activists and honest jour- suppressed and critics are
them develop empathy, nalists seems to have become the silenced. Rights groups and
tolerance and respect for new normal in some countries. In international communities have
the rights of others India, human rights defenders are raised concerns over the growing

34 Indian Currents | 19 - 25 October 2020


human rights

instances of rights abuses in India took place in the Hathras district a 43-second advertisement that
in various international forums. of Uttar Pradesh. featured a Muslim woman throw-
Let’s look at some recent Prime Minister Modi did not ing a baby shower for her Hindu
human rights violations in the even condemn the alleged rape daughter-in-law as some fanatics
country and ask ourselves what and murder of the Dailt woman. demanded a ban on the commer-
we can do to stop such violations Even before the investigation cial and a boycott of the Tanishq
in the future. was over, a senior police officer brand. The fact that the commer-
In August 2019, before Article concluded that the victim was cial celebrating an inter-faith
370 granting special autonomy not raped. This is a clear case of marriage was branded as ‘love
status to the state of Jammu & poor Dalit women being raped and jihad’ and was considered ‘contro-
Kashmir was revoked, thousands stripped of their rights. The court versial’ proves that there is grow-
of Kashmiris, mainly politicians, asked the District Magistrate - ing intolerance in the country.
activists, lawyers and journalists 'What if it was a girl from a rich Though the Advertising Standards
were detained without charge. The family? Would you have cremated Council of India (ASCI) stated that
Internet was shut down. There her the same way? there was no breach of any code,
were several serious allegations of Very recently, Tanishq Jewel- Tanishq had to pull down the ad
human rights violations by armed lery, a division of Tata Group’s fearing violence.
forces. Kashmiris feel that as they Titan company, had to withdraw Eighty-three-year-old Jesuit
are Muslims they are treated as priest Fr Stan Swamy, a well-
second class citizens in India. known activist working for the
In December 2019, the Indian rights of Adivasis (tribals) in
parliament passed the Citizenship It is important Jharkhand, India, has been
Amendment Act (CAA) and legal- arrested by the National Inves-
ized discrimination on the basis to incorporate tigation Agency (NIA) on fabri-
of religion. As the CAA violates human rights cated charges as Fr Swamy was
the Constitution of India, people highly critical of the previous BJP
across the country raised their education (HRE) in government in Jharkhand. The
voice against it. Sedition charge the school curric- activist alleges that fake evidence
has been slapped against some was planted in his computer before
anti-CAA protesters. ulum in order to he was arrested. Many other activ-
Violent attacks against minor- promote peace, ists like Fr Swamy have been
ities by extremist Hindu groups
have resulted in many deaths. Cow
democracy and unjustly detained by the police.
The Universal Declaration of
vigilantes have killed Muslims social order Human Rights, a landmark docu-
based on rumours that they traded
and killed cows for beef. Quite
shockingly, some lynching cases
have not been condemned by those
who are in power.
Amnesty International India
that demands governments to
protect and uphold human rights
was forced to halt its work in the
country as the Indian govern-
ment has frozen the organization’s
bank accounts with the sole aim of
silencing human rights defenders.
Recently, the body of a 19-year-
old Dalit woman, who died after
she was allegedly gang-raped
by four upper-caste men, was
cremated without her family’s
consent. The inhumane incident

Indian Currents | 19 - 25 October 2020 35


human rights

ment in human rights history, This verdict has sent a signal that (HRE) in the school curriculum in
states that basic human rights issues of rights are no more rele- order to promote peace, democ-
require protection. It is the prime vant in the country. racy and social order. The World
responsibility of the judiciary Conference on Human Rights held
to protect the rights of citizens in 1993 declared HRE as “essen-
but certain recent court verdicts
What should be done to stop tial for the promotion and achieve-
were favourable to the perpe- human rights violations? ment of stable and harmonious
trators of human rights viola- The recent human rights viola- relations among communities
tions. For example, the verdict tions in the country have made and for fostering mutual under-
in the Babri Masjid demolition right-thinking people ask why standing, tolerance and peace." In
case made justice-loving people those who are in power violate 1994, the UN General Assembly
question the integrity of judges the Constitution of India and go declared the UN Decade of Human
and ask whether we are ruled by against the Universal Declaration Rights Education (1995-2004) and
power or by rule of law. Though of Human Rights and what should urged all the member countries to
there were sufficient documen- be done to stop human rights promote and include HRE in their
tary evidence and witness testimo- abuses in the country. school systems.
nies, all the 32 perpetrators of the I think it is important to incor-
crime were acquitted by the court. porate human rights education
Human rights education in
the school curriculum
A few years ago, while interact-
It is important for educators to sensi- ing with students at the tertiary
level, I tried to assess their knowl-
tize students to various human rights edge of human rights and find
concerns and enable them to become out whether they valued human
rights. During the session I raised
critical thinkers who analyze rights these questions: What are human
issues objectively and critically and rights? Why is it important for

ask right questions us to have knowledge of human


rights? Do we value human rights?
Do we have a “human rights
respecting culture” in India? What
are human rights violations? Are
we able to recognize human rights
violations? What should be our
response to various human rights
violations that take place across
India? What steps should we take
to stop human rights violations?
Are you familiar with the term
“the Universal Declaration of
Human Rights”?
I was rather disappointed
as most students did not have
adequate knowledge of human
rights and some of them did not
Courtesy: thehimalayantimes.com

seem to value the concepts such


as freedom of expression, justice,
non-discrimination, human
dignity, etc. As an educator I felt
that it is my responsibility to
create awareness among students
about the Universal Declaration of

36 Indian Currents | 19 - 25 October 2020


human rights

tively and critically and ask right


questions.

Last word
In a country where human rights
are violated often and there is not
much done to stop such violations
by those who are in power, it is
necessary to educate students for
peace, justice and human rights.
HRE can incorporate human
rights values into students’ atti-
tudes and behaviours and help
them develop empathy, toler-
ance and respect for the rights of
others. It can play a key role in
sensitizing students to fight for
their rights and on the need for
making governments accountable.
It will be great if school admin-
istrators and educators encourage
teachers to get trained in human
rights and promote human
It is the moral responsibility of educa- rights education in their institu-
tors to motivate students to move from tions. It is the social responsibil-

the state of being passive spectators to ity of educators to make every


student understand and accept
the state of becoming active defenders “All human beings are born free
of human rights and equal in dignity and rights.
They are endowed with reason
and conscience and should act
towards one another in a spirit of
Human Rights and discussed it in human rights issues, acquire the brotherhood.” (Article 1, UDHR).
the class. skills that are necessary to under- It is the moral responsibility of
stand human rights concepts and educators to motivate students
have the right attitude to value to move from the state of being
Why human rights educa- the concepts such as democracy, passive spectators to the state
tion? freedom of speech, justice, equal- of becoming active defenders of
The Article 26(2) of the Univer- ity, human dignity, solidarity and human rights.
sal Declaration of Human Rights peace. It also helps students to If our education encourages
states “Education shall be directed incorporate the concepts into their us to be mere spectators of injus-
to the full development of the personal values and decision-mak- tice and human rights abuses and
human personality and to the ing processes; recognize human doesn’t allow us to think critically
strengthening of respect for rights violations and enables them and act appropriately, better not
human rights and fundamental to stand up for human rights. The call it education.
freedoms. It shall promote under- main objective is to help students
standing, tolerance and friendship develop an acceptable human
among all nations, racial or reli- rights culture.
gious groups, and shall further the It is important for educators
activities of the United Nations for to sensitize students to various About the author

the maintenance of peace.” human rights concerns and enable Dr. Albert P’Rayan is an academic,
Human rights education (HRE) them to become critical thinkers education columnist and teacher edcuator.
He can be reached at rayanal@yahoo.co.uk
helps students become aware of who analyze rights issues objec-

Indian Currents | 19 - 25 October 2020 37


TRP Scam

TRP Scam:
Credibility of TV
channels at stake
Viewers opt for over-the-top media
TRP ratings have not only
favoured a few channels,
but have corrupted the
content of news, which is
not in the interest of public
or democracy

by Manoj
Varghese

M
umbai Police busted The TV advertisement industry TRPs claim to show how many
a “racket” of “fraud- is estimated to be worth around people, from which socio-eco-
ulent” manipulation Rs 32,000 crore. As per the records, nomic categories, watched which
of Television Rating overall, on an average Rs 1000 crore channels and for how long over a
Points (TRPs) involving three advertisements is routed through particular time period. TRP data
channels; Republic, Fakt Marathi, the DAVP, Rs 3000 crore by corpo- are usually released weekly, and
and Box Cinema. Four persons – rates, and Rs 25,000 crore by Union form the basis of claims by chan-
the owners of the Fakt Marathi and state governments in a year. nels to being the “most watched”
and Box Cinema channels, and two Manipulated TRP ratings result in over that period. The data is
former employees of the market the miscalculated targeted audi- used by the Broadcast Audience
research agency that collects the ence for the advertisers which Research Council (BARC), an
TRP data were arrested on Octo- results in losses of hundreds of industry body owned by advertis-
ber 9, 2020. In India, it is estimated crores of rupees. It was revealed ers, ad agencies, and broadcasting
that approximately 20 crore TV that these persons had manip- companies, to calculate the TRP of
sets are operational with over 84 ulated the sampling metering each channel. BARC is an industry
crore viewers, and around 45,000 services by inducing the barometer body set up to design, commission,
house TRP metres are set up to users through periodical payments supervise and own an accurate,
record the ratings. to watch particular TV channels. reliable, and timely TV audi-

38 Indian Currents | 19 - 25 October 2020


TRP Scam

ence measurement system and is


guided by recommendations of the
Telecom Regulatory Authority of
India and the Ministry of Informa-
tion and Broadcasting.
In the recent past, a series
of charges were leveled by the
Republic TV against the Mumbai
Police in the Sushant Singh Rajput
case and in the lynching of two
sadhus and their driver in Palghar.
Republic had alleged – wrongly, as
it turned out – a communal angle
in the attack, and accused the
government of failing to protect
the Hindu holy men. Republic TV
owner and chief Anchor Arnab
Goswami’s screaming, “The
Nation wants to know”, “Mumbai
kisi ke baap ki nahi”, “Anto-
nia Maino (Sonia Gandhi) can’t
remain silent over lynching” and
portraying Mumbai police inef-
ficiency, sounded having crossed Courtesy: Satish Acharya/FB
the ethical limits of a TV reporter.
Earlier, the TV channel had lost
its credibility, once its connec- TRPs claim to show how many people,
tions with the ruling party were from which socio-economic categories,
revealed. “I don’t want my child
to inherit an India built on hate,”
watched which channels and for how
says Rajiv Bajaj and pulled out ads long over a particular time period. TRP
from three TV channels, including
Republic, because they promoted
data are usually released weekly, and
toxic content, and Parle-G form the basis of claims by channels to
followed. Top film production
houses have moved the Delhi High
being the “most watched” over that period
Court against Republic and Times
Now channels for their “irrespon-
sible, derogatory and defamatory and the readers to identify the include (i) Video Platforms: Netflix,
remarks” and media trial against quantity of publication. Amazon Prime, Hot Star etc. (ii)
the film industry. With the advent of Over the Top Audio Streaming: Spotify, Apple
On the similar lines of TRP, (OTT) media, online streaming Music etc. (iii) Messaging plat-
Audit Bureau of Circulations apps and websites are taking over forms: Facebook, Skype, WhatsApp
(ABC) develops audit procedures the television industry by storm. etc. OTT content can be accessed on
to certify the circulation figures OTT is an emerging media service any device that has internet connec-
of various newspapers and peri- to enhance digital content related tivity - laptop, desktop, smartphones
odicals. The ABC report enables to entertainment, knowledge, (Android / iOS), smart TV etc.
an Advertiser to know how many sports, games, news etc. This tech- Many of the readers and viewers
people buy a publication and in nology bypasses cable, broadcast, have switched over to OTT for news
which area. It enables the publish- satellite television platforms that feeds and credible viewpoints. Now,
ers to set their advertisement traditionally act as a controller or with the advent of OTT, the TV
charter, the advertisers to know distributor of such content. Some viewership and newspaper reader-
the worth of their investments of the OTT streaming platforms ship is at stake.

Indian Currents | 19 - 25 October 2020 39


TRP Scam

With the exposure of TRP “fraud- anism is the way out. Quality over
ulent”, TV channels have started quantity is need of the hour to over-
leveling allegations against each come the propaganda model. Several
other on various fronts. The TRP channels are operating in a loss or on
raking started in 1983 by a company a bad loan from illegal sources. Char-
named IMRP, where diaries were acter of media channels is at stake
kept in each homes to measure the and the viewers need to develop the

Courtesy: Satish Acharya/FB


viewed channels. With the intro- intelligence to identify the good and
duction of several private channels, the bad.
INTAM was introduced in 1993, According to S Y Qureshi, former
which showcased Doordarshan in member of News Broadcasting
a bad light, despite the fact that it Standards Authority (NBSA), a
had a vast coverage area. Then, in house metre is connected to a TV
2003, TAM India was assigned the of the news rooms. Readers have set by opening its backside and
task of noting the TRP, but it too become consumers and are being soldering it inside. Once the TV set
came under fire for installing a very mentally brainwashed, creating is opened for soldering, it loses its
less number of metres and lack of the market for particular brands. guarantee or warranty. Which fool
transparency. Under its cleaning The matter has been brought will allow the TV to be tinkered, at
act, later the advertising companies before the notice of the Cabinet no cost? He opined to introduce a
consented to form BARC. Committee for discussion. The new setup box technology or install
TRP ratings have not only Government and market will software in the DTH to know the
favoured a few channels, but have be interested in continuing this ratings.
corrupted the content of news, system as long as it favours them. The present day TRP follows the
which is not in the interest of A reporter or an editor in the news Business model of provoking higher
public or democracy. The Editor’s room does not have a say on the ratings by hook or crook for more
news room framework is such that policy matters. A regulatory body business. The basic element of any
it has all praises for the govern- is required without Government’s news story is its truth and credi-
ment. Distortion of news, present- interference which has power to bility, but TRP is silent on it. It is
ing it in a dramatic form, bringing monitor and punish the culprits. well under the Government agenda
in the aliens, hate speeches, and Removing TRP rating system and and as per the propaganda mission
media trial has become the routine bringing in a credible rating mech- planned for those “favoured media”.
Several countries have adopted the
Subscription model, where the view-
Parle Products, the maker of the er’s pay and use their desired chan-
nels. World over the subscription and
Parle-G biscuits, said that “they will not advertisers ratio is 60:40, whereas in
advertise their products on toxic and India almost the entire revenue is
from advertisers.
aggressive Indian media channels” As per the experts, qualitative
assessment is required along with
the quantitative analysis. Credibility
based rating may be a better option.
The sample size is too low with 700
metres to know English news chan-
nels of 20 crore TV sets. 45,000 boxes
cannot decide the taste of 84 crore
viewers. We need to develop a rank-
ing system to measure the quality
and credibility of the channel.

About the author

Manoj Varghese is a Media and Health


Communication Expert.

40 Indian Currents | 19 - 25 October 2020


Pornography

Child Pornography
Zero tolerance is the key
Child pornography is a growing global menace and India is no exception
by Aarti

I
t is rather quite disturbing The recent crackdown in os and pictures that appear to be of
that an “industry” by itself, Kerala and the arrest of 41 people local children in the 6-15 age group.
exploiting the innocence of for allegedly dealing (seeking, col- Some of those nabbed were found
children for perverse sexual lecting, browsing and download- to be part of global child porn
gratification, not only appears to ing) in child pornography earlier rackets and had been creating and
exist but is also thriving. this week may be just a tip of the supplying obscene content.
The cause of serious concern ice berg. The arrested include A similar operation in June
is that world over millions of IT-savvy youth and those working had also resulted in the arrest of 47
pedophiles, child rapists and child in professional jobs. people and such arrests have been
pornography addicts seem to have A total of 268 cases have been in news in other Cities as well.
migrated online, making the Inter- registered in raids conducted at Apart from district police
net extremely unsafe for children. 362 locations and 285 electronic chiefs, assisted by shadow teams,
Yes, the issue of child pornog- devices such as computers, mobile women personnel, specially trained
raphy is a growing global menace phones/hard disks seized in the cyber team in coordination with
and India is no exception. operation are said to contain vide- the Countering Child Sexual Ex-

Indian Currents | 19 - 25 October 2020 41


Pornography

ploitation team headed by an Ad-


ditional Director General of Police
which carried out the operations
in Kerala, it was found that spe-
cialised groups used the “darknet”
platform for posting, harvesting
and disseminating such child sex-
ual abuse material (CSAM).
Investigators also identified
some upon WhatsApp and Insta-
gram groups, with names such as
Corona Life and Gold Garden that
specialised in sharing images and
videos of children.
The offenders who obsessive-
ly downloaded, disseminated or
traded CSAM over social media
platforms were found to use a
mix of surveillance software,
social engineering techniques and
deceptive social media identities
to insinuate themselves into the
clandestine child porn sharing
circles.
The confiscated content which
included videos and images
captured furtively were mostly on
mobile phones, in the domestic Given the widespread consumption
environment during the COVID-19 of child porn, across age groups and
lockdown period in the State.
The police also found CSAM geographical locations, the fight against
content sourced from security the deep-rooted evil must continue in
cameras at homes and in flats and
images and videos of children the right earnest
harvested from webcams.
Vast caches of videos and
pictures of minors found stored a term which may extend to five internet or any other electronic
on mobile phones, pen drives, hard years and with fine which may ex- form or printed form, whether
discs, tablets and laptop comput- tend to Rs 10 Lakh. In the event of or not such programme or adver-
ers which were seized from the second or subsequent conviction, tisement is intended for personal
suspects only goes to show the imprisonment of either descrip- use or for distribution), for the
magnitude of their operations. tion for a term may extend to seven purposes of sexual gratification,
In so far as checking the digital years and also with fine which may which includes - (a) representation
exploitation of children, India has extend to Rs 10 Lakh. of the sexual organs of a child; (b)
taken several steps. According to Under the Protection of Chil- usage of a child engaged in real
Section 67 (B) of the Information dren from Sexual Offences Act, or simulated sexual acts (with or
Technology Act (IT), 2000 it is 2012 (POCSO), the use of child without penetration); (c) the inde-
an offence to publish or transmit for pornographic purposes is an cent or obscene representation of a
any material depicting children offence under Section 13 which child, shall be guilty of the offence
in sexually explicit act, etc. in states that whoever, uses a child of using a child for pornographic
electronic form. The punishment in any form of media (including purposes.
for the first conviction is impris- programme or advertisement The punishment for using a
onment of either description for telecast by television channels or child for pornographic purposes

42 Indian Currents | 19 - 25 October 2020


Pornography

under Section 14 will include a 5 onment could range between 5 to 7 Even as the POCSO defines
year imprisonment along with a years along with a fine. child pornography as any visual
fine. Second or subsequent con- In April this year, media reports depiction (such as photographs
viction will invite a 7 year prison had quoted extracts from a study or videos) of sexually explicit
term along with fine. undertaken by the India Child Pro- conduct involving a child, or
Further, any person who tection Fund, an NGO. It said that appearing to depict a child, the
stores or possesses pornographic a research on child pornography Committee is said to have rec-
material in any form involving found that there was a high demand ommended that the definition of
a child (Section 15), but fails to for such pornographic material child pornography should be ex-
delete or destroy or report the amongst many cities in the country panded to include written material
same to the designated authority, thereby posing grave risks to its and audio recordings that advo-
as may be prescribed, with an children during the Covid induced cate for or depict sexual activity
intention to share or transmit lockdown. According to the said with a minor. It suggested that
child pornography, shall be fined ICPF report, the overall demand for using a misleading domain name
upto Rs 5000/- and in the event of child pornography was an average to deceive a minor into viewing
second or subsequent offence, the of 5 million per month in 100 cities obscene material should be consid-
fine would be Rs 10,000/-. Simi- on the public web during Decem- ered an offence besides penalties
larly any person, who stores or ber 2019, which had spiked during should be included in the IT Act
possesses pornographic material lockdown. for those who give children access
in any form involving a child for The issue of child porn has seen to pornography and those who
transmitting or propagating or several debates in the Parliament access, produce or transmit child
displaying or distributing in any and ultimately resulting in chang- sexual abuse material. Apart from
manner at any time except for the es in laws concerning children. regulating online payments used
purpose of reporting, as may be More recently, Mr Jairam Ramesh to buy child pornography mate-
prescribed, or for use as evidence led-Adhoc Committee of the Rajya rial, the Committee has proposed
in court, shall be punished with Sabha, set up by the Vice Presi- that the National Crime Records
an imprisonment up to three dent Mr Venkaiah Naidu last year, Bureau must mandatorily record
years, or with a fine, or with both. had addressed two main issues, and report all cases of child por-
Also any person, who stores or namely the access of children to nography.
possesses pornographic material pornographic material as also its Even though it is satisfying that
in any form involving a child for circulation thereof on the social Kerala’s covert online surveillance
commercial purpose shall be pun- media in which children were be- operation, code-named P-Hunt, in
ished on the first conviction with ing abused. In its report submitted place for a year to track down and
an imprisonment ranging from 3 this January, according to media nab paedophiles lurking in the
to 5 years or with a fine, or with reports the Committee had made cyberspace, is beginning to pay
both and in the event of second or nearly 40 far reaching recommen- rich dividends and merits emula-
subsequent conviction, the impris- dations. tion across the country, severity
of punishment will deter such
crimes.
Given the widespread con-
sumption of child porn, across
age groups and geographical
locations, the fight against the
deep-rooted evil must continue in
the right earnest. Besides the use
of modern tracking and monitor-
ing systems, awareness campaigns
must be initiated to guide the
public at large to identify as well
as report digital child abuse.
Zero tolerance against crimes
concerning children is the need of
the hour.

Indian Currents | 19 - 25 October 2020 43


spirituality

Humanism Vs
Spirituality
Covid-19 prefers humanism
or spiritual innovations? by Dr. Benny Jose
Palatty

S
Spirituality is not piritual practices emerge Covid-19 has not only affected
just wellness and from personal and individ- public movements and institu-
ual beliefs, but they have a tions, but it has also brought new
psychological fitness, very strong connection with challenges that the current gener-
it is also principles social and public life. In this criti- ation had never thought of or
for daily actions and cal pandemic time, it is necessary imagined. It is not just fear and
relations emerging from to find linkages between human- loneliness, but also about food,
faith in God ism – the centrality of human life, confidence, future, social life
experience and manmade institu- and everything related to life.
tions – and spirituality. The principles and guarantees of

44 Indian Currents | 19 - 25 October 2020


spirituality

institutions have been challenged;


science and medical innova-
tions are grappling; business and
money are hard to come by; lead-
ers who need to find solutions are
all in a great silence (which they
may not accept). There are many
leadership concerns and strate-
gies evolving at this time.
“Crisis does not build char-
acter, it reveals it,” goes an old
adage. All are trying to overcome
and answer to the situation; but
no one is bringing a reasonable
Initial “lighting and beating” practices
answer to the table. The tradi- directed by Prime Minister Narendra
tional assumptions of leadership, Modi, shutdowns, migration of
such as assertiveness, competitive-
ness and independence, are not the poor and the economic steps
working. And we hear noises from taken show the incompetency and
every corner trying to silence
thought and meaningful inter- ignorance of the government
nal reflections. In China, author-
ities tried to cover up the viral
outbreak and punish doctors; in trusting and moving as per faith is nio Guterres said, “We are facing
the U.S., President Donald Trump the focus here. a game-changer for international
downplayed the seriousness of Politics uses religion to divide peace, security. The world has
the coronavirus pandemic and and control. The idea is to group the entered a volatile and unstable
identified it as “hoax” by politi- people in order to feed the support new phase in terms of the impact
cal rivals; in Brazil, President Jair system. Government is unable to of Covid”. Global politics proceed
Bolsonaro dismissed the illness as motivate people to live, to serve, to with experiments and trial. But the
a fantasy and “a little flu”; Mexi- stay within responsibilities – what answer to social unrest, the pain
can President Andres Manuel governments and business institu- of the vulnerable, exploitation,
Lopez Obrador held rallies, kissed tions do is exercise power and the economic crisis, medicine for the
his supporters and urged the citi- principle of punishment. The busi- sick etc. are all a distant dream.
zens “to live life as normal,” and ness field is trying to reap benefits And it takes its own time.
in India, ‘lighting (diyas) and from the crisis; still, it is doubtful Guterres issued an urgent
beating (plates)’ were the steps about its own existence. Profession- appeal calling on politicians to
taken to eliminate this devastating alism and expertise don’t work; the ‘forget political games.’ “The
pandemic. number of Covid cases are increas- world is facing an unprecedented
What is spirituality in the here ing. Humans are being challenged test. And this is the moment of
and now? How does it open a new and no one is strong enough to truth,” he added. Pain, loneliness,
attitude towards life? How does encourage resilience. fear, financial crunch, health,
it deal with social concerns and Each culture is an expert in educational crisis are part of the
protection of humanity? Spirit- its own areas of human flourish- constant and living reality faced
uality is to be understood as the ing. But, the ecology of emancipa- by people. Who can answer to these
happiness of human beings, tion is at the trial-and-error stage. issues? Where can people trust? No
emerging from their faith and Businesses take new shapes in this solution is workable and proper.
relation with God. Spirituality is time of critical necessity and they Power politics, governments’
not just wellness and psychologi- develop new products. Politicians agendas, business experiments
cal fitness, it is also principles for try to hold on to power and utilise are executed even at this time of
daily actions and relations emerg- the time to secure their positions great confusion. Though every-
ing from faith in God. The value for long. Internationally, United one hopes that things will change
and agency of human beings in Nations Secretary-General Antó- for the better, there are many who

Indian Currents | 19 - 25 October 2020 45


spirituality

consider this crisis a bed of roses ied the Spanish flu, said, “It’s been uality. This path should be properly
for personal gain and profit. disappointing in many countries – administered into the governance,
Market, government and medi- too many. It’s been outright repre- business and medical fields for the
cine are important areas. But, hensible – some leaders’ actions proper existence and flourishing
these areas cannot satisfy the will unnecessarily kill many of of humanity. It is a gift of God for
essential preferences or safety of their citizens”. humanity.
humans now. Human beings have What is next? There is a new The relevance of God should not
to think of a nonmarket, non-po- spirit of human oneness that has be related to just belief and faith.
litical and non-medical alloca- emerged. It is not a political and It has to be included in the experi-
tion. It is here that religion and national spirit; it is a spiritual ments conducted for medicine, care
the spiritual meanings of life contribution to the humanity. This administered to the poor and the
take the primary stage. They help has to be used for national devel- vulnerable, treating others with
people to reflect on the mean- opment and betterment of indi- respect and justice by the govern-
ing-making process and the reality vidual lives. The terroristic and ment. Spiritual life should lead
of this unprecedented time. This divisive usage of religion should towards social transformation.
reflection leads to finding mean- be stopped by increasing our focus Human flourishing is not possi-
ing, helping people and becoming on the positive sides. Moral and ble by government and is not in the
Covid-19 warriors. ethical depository for a peaceful vicinity of the secular missions
The absence of religion and social life is the aim of the Indian in this situation. Their attempts
spiritual reflections can worsen Constitution. It is for all the people have proved to be null and void. At
the situation. Acts like feeding and protects everyone. But the this time of a great depression and
economic upheaval, human beings
should depend on love, support,
Relevance of God should not be mutual respect to maintain its flour-
related to just belief and faith. It has ishing. Eudaimonia can be attained
by practical and ethical wisdom.
to be included in the experiments The way towards it is faith and
conducted for medicine, care spirituality. It is the hope to exist.
Governments and all asso-
administered to the poor and the ciations need proper princi-
vulnerable, treating others with ples to move further. The basic
values taught by religion are to be
respect and justice by the government respected and followed by the deci-
sion-making bodies. There is a long
way to normalcy. These principles
the poor, devoting oneself in the principles of the Constitution are are not ideological and sectarian
medical field, finding motivation not followed by many, especially dividends. In order to have exist-
for existence and dreaming of a those who are there to protect and ence and future, routes of compet-
future are built on spiritual foun- safeguard it. The abuse of Consti- itive business and divisive power
dations and reflections. In many of tution with communal intentions tricks should be replaced with
these areas, the government and is on the rise in this post-truth moral principles and spiritual
its machinery have shown them- era. The freedom and rights of the orientation even among deci-
selves as sheer nonsense. The people are encroached mostly by sion-making officials and profes-
initial “lighting and beating” prac- those in power than by violent and sionals. The principles of spiritual-
tices directed by Prime Minister sudden usurpations. Here we need ity should be of prime importance
Narendra Modi, shutdowns, migra- spiritual principles and attitudes in all areas. Only this can accom-
tion of the poor and the economic to accept the Constitution. modate the poor, the vulnerable,
steps taken show the incompetency Due to terrorism and unwanted the suffering and fix targets beyond
and ignorance of the government. communal vicious engagements, profit and power.
Speaking about the inadequate religion and spirituality are
About the author
responses from several countries in labelled as ‘menial.’ The Covid-19
the face of the Covid-19 pandemic, pandemic has revealed the truth Dr. Benny Jose Palatty
(Palattybenny@yahoo.com)
historian John M. Barry, who stud- of religion and the path of spirit-

46 Indian Currents | 19 - 25 October 2020


news

Bishop Emeritus Supreme


Appointed Parish priest Court rejects
by Mathew John
plea to ban
Khatauli, of the diocese of Halal
Meerut in Uttar Pradesh. Bishop
John belongs to Carmelite of slaughter
T
Mary Immaculate (CMI). Accord- he Supreme Court of India has
ing to the Oriental Canon Law, rejected a plea seeking ban on
if the emeritus bishop is a reli- Halal form of slaughtering of
gious he is free to go back to his animals adhered by Muslims.
religious congregation if he so A bench headed by Justice Sanjay
desires. He can have an active Kishan Kaul October 12 questioned
and passive voice if the typicon the intention of the petitioner and
or statutes of his order/congre- also said that court cannot interfere
gation permit it (can. 431 § 2, 2°). with the food habits of people.
It was the desire of Bishop John “Court cannot determine who can
to continue his pastoral minis- be a vegetarian or non-vegetarian.

M
ost Rev. Bishop John try after his retirement. He is Those who want to eat Halal meat can
Vadakel, Bishop Emer- appointed as the Director of San eat Halal meat. Those who want to eat
itus of the diocese of Thom Ashram and parish priest Jhatka meat can eat Jhatka meat,”
Bijnor, is appointed as the Parish of St. Thomas Church, Khatauli, said the bench which also comprised
Priest of St. Thomas Church, Uttar Pradesh. Justice Dinesh Maheshwari.

Rome appoints apostolic


visitor for MCBS
congregation The petitioner argued that killing

T
he Vatican Congregation for of the Holy See.” It refers to of animals by Halal method is
the Oriental Churches has any circumstance involving a extremely painful for the animal and
appointed an apostolic visi- conflict of ecclesiastical juris- such exemptions under Section 28
tor for the Kerala-based Mission- diction, where Rome decides to in a secular country should not be
ary Congregation of the Blessed take the matter under its own allowed. “Halal is extremely pain-
Sacrament (MCBS). jurisdiction and reserves to ful. Inhuman slaughter of animals
An October 13 letter from the itself the right to make a final in the name of Halal should not be
Apostolic Nunciature in Delhi to judgment on the matter. Father permitted,” it was submitted. It was
MCBS superior general Father Achandy is currently the chan- also pointed out that Jhatka does not
Joseph Maleparampil said Rome cellor of the Bengaluru-Based cause suffering for animals since it
has appointed Carmelites of Mary Christ University. He is also dies instantaneously in such method
Immaculate Father Paul Achandy the rector of the Dharmaram of slaughter while in Halal, the
as the apostolic visiror to the College, a major seminary animal dies a painful death.
87-year-old congregation. managed by his congregation The bench, however, declined to
The appointment, done with adjacent to the university. entertain the plea.
Pope Francis’ knowledge, is “Ad The 57-year-old priest took “Your petition is mischievous in
Nutum Sanctae Sedis,” a Latin over as the vice chancellor on character,” the top court said.
term meaning “at the disposition September 21. (Source: The Hindustan Times)

Indian Currents | 19 - 25 October 2020 47


book review

UNPACKING RELIGIOUS NATIONALISM


by Subhash Gatade

B
“ latant dictatorship – in freedom movement” led to three
the form of fascism, versions of nationalism: “Indian
communism, or military Nationalism, Muslim Nationalism
rule – has disappeared and Hindu Nationalism,” thereby
across much of the world. Military giving rise to three versions of
coups and other violent seizures history.
of power are rare. Most countries A few of the early chapters are
hold regular elections. Democ- devoted to Ancient India and the
racies still die, but by different origin of Aryas, caste system,
means. roots of science, medieval Indian
Since the end of the Cold War, kingdoms and the emergence of a
most democratic breakdowns have shared heritage.
been caused not by generals and The chapter on Ancient India
soldiers but by elected govern- reveals that Modi government has
ments themselves.” appointed a committee to “put a
(“How Democracies Die,” seal on this ‘Hindu first’ version of
by Steven Levitsky and Daniel history” – something that is yet to
Ziblatt) be reported widely.
The book is an attempt to “look The basic idea of the said panel,
at the divisive politics, and its role referred to as the committee for
Religious Nationalism in creating the social common “holistic study of origin and evolu-
Social Perceptions and Violence: sense, the demonisation of minor- tion of Indian culture since 12,000
Sectarianism on Political ities and the agenda of religious years before present and its inter-
Chessboard nationalism. The overt part of face with other countries of the
Author: Ram Puniyani the agenda is to marginalise the world” (P. 63), is to question the
Published by: Media House, Delhi religious minorities, at a deeper “long taught version that people
Price: Rs 495/- level the victims of this agenda from central Asia arrived in India
are Dalits, women and Adivasis as much more recently, some 3,000 to
well” (P. 36). The “Introduction” 4,000 years ago” (P. 63).
makes it clear that the book will A closer look at the commit-
focus mainly on the “social aspects tee exposes what the panel
of the politics” and how it paves means by an Indian. There are 16
the way towards religious nation- members – two ex-officio and 14
alism. non-ex-officio representatives. The
The book begins by unpacking latter comprises North Indian,
social common sense, which it sees Hindi-speaking men with surnames
as a “set of ideas which majority that suggest they are Brahmins or
in the society comes to believe” upper-caste Hindus. There is not a
(P. 41). These ideas need not be single woman in it, nor any partici-
true but they impact the people’s pants from other religions, the Dalit
orientation towards other issues or Adivasi communities, and the
and communities. Beginning with Northeast and South India.
medieval times and traversing One can easily see that the whole
through the anti-colonial period, idea behind the formation of this
the introductory chapter focuses “expert committee” seems to be that
on the shaping of social ideas in the government is solely focused on
India. One point the book empha- furthering its Hindu triumphalist
sises on is how the “rise of the agenda.

48 Indian Currents | 19 - 25 October 2020


book review

In a chapter titled “Shared It is interesting to note that on the other hand “this politics is
Heritage,” Puniyani discusses in his continuing discussion on making cultural manipulation-so-
the emergence of syncretism in Hindu and Muslim communalism, cial engineering by creating SC/
medieval India, which accord- he compares “RSS and Muslim ST icons in the mould of Hindutva
ing to author J.J. Roy Burman Brotherhood” (P. 231) – some- politics.”
“conveys the fusion or blending thing normally not attempted. Women’s rights is explored in
of religions of identification of The author adds that for both one of the chapters and it is empha-
gods, taking other observances or these organisations “charity is sised that “the politics in the name
selection of whatever seems best the superficial part of their work of religion, the politics of RSS
in each other” (P. 144) and the cele- as the core agenda is to impose combine here in India or that of
bration of religious diversity and particular type of social rela- Taliban’s in Afghanistan, Islamic
pluralism. It is worth noting that tions, those of inequality in the fundamentalists, or even Chris-
Mughal Prince Dara Shikoh in his society” (P. 233). Further, both are tian fundamentalists all operate on
book “Majma-ul-Bahrain” (“The exclusively male organisations the same wavelength as far rights
Confluence of the Two Seas”) had that harp on the past golden era, of women is concerned” (P. 341). In
described India as the “meeting oppose modern values and use the postscript the author takes up
ground of Hinduism and Islam.” religion to enhance their agenda. the issue of NRC-CAA and explains
After delineating the features of Puniyani also shares his under- how it violates plural democratic
Indian society during the medie- standing on communal violence in ethos.
Overall, the book is suffused
with many references, makes for
The politics in the name of religion, the an easy reading and conveys the
dangers posed by Hindu national-
politics of RSS combine here in India ism to the values of Indian Consti-
or that of Taliban’s in Afghanistan, tution and democratic freedom.
On rereading the book one gets
Islamic fundamentalists, or even the feeling that it could have been
Christian fundamentalists all operate edited further and made tighter. For
example, the last chapter, “Politics,
on the same wavelength as far rights of Religion and Terrorism,” seems
women is concerned superfluous in the overall context
of the book.
That said, the author’s celebra-
tion of composite heritage and
val period, Puniyani moves to the post-independent India and calls syncretism can be appreciated
colonial period and describes not it “a colonial modern phenome- more positively in the present ambi-
only the changes brought in by the non.” He also deals with the oft-re- ence when the hatred of the “other”
British, but also the emergence of peated perception that “violence is is common and we are witnessing
various political formations and a spontaneous clash between two normalisation of the secondary
the growing assertion of commu- communities” (P. 270). status accorded to religious minor-
nal forces – Hindu nationalism The author also takes up the ities. It is quite refreshing to read
and Muslim nationalism. issue of Dalits and contemporary about a past where there was more
He is of the opinion that the politics and explains the chal- bonhomie between the people.
country’s partition was caused by lenges posed by Hindu nation- It is important to probe/inves-
three major factors: “First was the alist politics to the Constitution tigate why this syncretism or this
British policy of divide and rule, in general and Dalit rights in compositeness crumbled at the time
second was the Muslim Commu- particular. He discusses how this of partition and how this part of
nalism representing interests of “politics is in total contrast and South Asia became a gory site of
the Muslim Jamindars, Nawabs, opposition to Ambedkar’s goals mutual bloodletting. A more pene-
and the third was the Hindu and it is trying to co-opt SC/ST trating and wide-ranging analysis
Communalism which similarly through organisations like Sama- of what can be called as “lure of
represented interests of the Hindu jik Samarasta Manch-Vanvasi composite culture” seems to be the
elite” (P. 173). Kalyan Ashram” (P. 320) and how need of the hour.

Indian Currents | 19 - 25 October 2020 49


Bob’s Banter
bobsbanter@gmail.com
>> By Robert Clements

The Dreaded ‘S’ Word..!


akimbo, “would be dismantled
immediately if they dared punish
me!”
“How dare you?” shout the
teacher and the mother, “On
what authority do you say such
nonsense?”
“On the authority of this
book,” says the little fellow, open-
ing his schoolbag and taking out
the Constitution of India. “The
same book which describes India
as a Secular, Democratic Republic,

A
nd as the nation with a right for a future in this country!” which means ma’am that if you
sense of shock finds a state shouts the mother, “I am going to call yourself Indian…”
governor deriding a chief the police!” “Of course I am!” says the
minister, calling him ‘secular’ I “Ma’am before you do anything mother.
foresee a situation like this aris- drastic, please meet the boy who “In that case, you have to be
ing: “Ma,” cries a little fellow, as he used the dreaded ‘S’ word?” pleads what this book describes an Indian
returns home from school, “Today the teacher, as a little boy walks to be, ‘secular and democratic!’
a boy in class uttered a bad word!” into the classroom, “I am sorry to “How dare you say the ‘S’
“Bad word!” screams the have made you so angry!” says the word!” shouts the teacher and the
mother, “and did the teacher small fellow. mother together.
punish him?” “How dare you utter the ‘S’ “I didn’t” says the little fellow
“She made him wash his mouth word?” shouts the mother, taking walking away, “Your Constitution
with soap!” a few steps to the little boy, but just did! And the next time you put
“Very good,” says the mother, restrained by the teacher. soap in my mouth ma’am, it is you
satisfied, “And what exactly did he “Like I said,” says the little boy, who will face the police and the
say? Was it the ‘B’ word?” “I am sorry to see you angry, but courts, not me, do you know why?”
“No ma the ‘S’ word!” not sorry for what I said!” “Why?” ask the two.
“The ‘S’ word!” screams the “Call the police!” shouts the “Because our Constitution is
mother, and marches her son back mother. bigger than the police, the courts,
to school and confronts the teacher, “The police,” says the little your elected representatives and
“You think washing a student’s fellow showing surprise, “would be even your governors!” yells the
mouth with soap is enough for arrested for arresting me!” little fellow cocking a snook at the
someone using the ‘S’ word?” “This boy should be brought two of them.
The teacher nods miserably, before a court of law!” shrieks the
About the author
“I did not want to spoil the boy’s mother.
Robert Clements is an author and
future!” she whispers. “Anyone “The courts of law,” the little newspaper columnist
who utters the ‘S’ word, has no fellow tells the two with his arms

50 Indian Currents | 19 - 25 October 2020


Postal Regn. No. DL(E)-01/5113/2018-20. Licenced to Post without prepayment under Licence No. U(C) 207/2018-20.
RNI Number 49338/89. Posted at New Delhi PSO on Every Mon./Tue. | Published on Every Monday

Edited, Printed and Published by Dr. Suresh Mathew for and on behalf of Indian Current Publications (ER376/89), 375-A, Pocket-II,
Mayur Vihar Phase - I, Delhi - 110 091. Printed at Jyoti Printers, C-12, Sector - 8, Noida, U.P. 201 301. Tel: 0120-2424113 - 2424115

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