I n what appears to be a heavy clampdown on the right to freedom of speech and expression, as guaranteed by our Constitution, and blatant misuse of law, renowned author and activist Arundhati Roy is all set to be prosecuted under the draconian Unlawful Activities (Prevention) Act (UAPA) for allegedly making incendiary speeches at an event 14 years ago.
The Lt Governor of Delhi VK Saxena has accorded sanction to prosecute the Man Booker Prize winner and Sheikh Showkat Hussain, a former professor of the Central University of Kashmir, on the basis of an FIR registered on the orders of the Court of Metropolitan Magistrate, New Delhi. The FIR was registered over a complaint lodged by Kashmiri activist Sushil Pandit on 28 October, 2010. The complaint centred around Roy’s statement regarding Kashmir not being considered an “integral part of India.” It also accused her and others of delivering speeches supporting the secession of Kashmir from India at a conference organised under the banner of “Azadi – The Only Way” on 21 October, 2010 at LTG Auditorium, Copernicus Marg, New Delhi. Other speakers at the conference included late Kashmiri separatist Syed Ali Shah Geelani, SAR Geelani (the conference anchor and an accused in the Parliament attack case) and poet-activist Varavara Rao.
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Ever since gaining worldwide fame with her first book, “The God of Small Things,” in 1997, Roy, 62, has been actively engaged in advocating for various causes, the independence of Kashmir being one among them, and has been one of the boldest critics of the current dispensation at the Centre, particularly regarding its laws affecting minority groups and human rights. Her remarks at the event had led to a hue and cry back then with protesters gathering outside her residence in Delhi. Scores of activists of the BJP’s women’s wing had urged Roy to either withdraw her remarks or leave the country.
Critics argue that the UAPA is unconstitutional and undemocratic as it reverses the normal principle of criminal law by requiring the accused to prove their innocence rather than the prosecution to prove their guilt. This law, originally intended for combating terrorism, is being frequently deployed by the government at the Centre to stifle dissenting voices – activists from Kashmir, students from the national capital and numerous lawyers, writers, civil society members and anybody who speaks truth to power.
Meanwhile, the decision to prosecute Roy has been condemned by several political parties such as the Communist party of India (Marxist), the National Conference, and the Peoples Democratic Party, all of whom have stressed the urgency to uphold the fundamental right of every citizen to free speech as guaranteed by Article 19 of the Constitution. “Shocking that Arundhati Roy, world-renowned author and a brave woman who has emerged as a powerful voice against fascism, has been booked under the draconian UAPA,” PDP chief and former Chief Minister of the erstwhile state of Jammu and Kashmir Mehbooba Mufti wrote on social media platform X. Similarly, the Communist Party of India (Marxist) said in a statement: “Condemnable. The Delhi LG has granted permission to prosecute Arundhati Roy under the draconian UAPA [Unlawful Activities (Prevention) Act] for a speech reportedly made 14 years ago – in 2010. Defies logic except the fascist kind. Timing is suspect since courts are on vacation, as are lawyers.”
Roy may have become a polarising figure in India for her outspokenness and anti-establishment views, yet she is immensely respected the world over for taking up causes that affect the minorities and other disadvantaged communities. The decision to prosecute her once again shows that room for dissent is being squeezed in our democracy.
