.
Rajinder Sachar, former Chief justice of Delhi, has termed this judgment as ‘scandalous’ and this seems true, since the Bosses of Union Carbide- because of whom thousands of people died in Bhopal gas tragedy - got only 2 years sentence (!) and activists like Arundhati Roy, Binayak Sen, Himanshu Kumar has to face wrath of Ruling Classes- who now seems to possess Govt. Also because of this judgment the role and credibility of Indian Judicial System has come under scanner. Judiciary is one pillar of the democracy which essentially must function neutrally and in the favor of justice yet it seems this is not the case with Indian Judiciary. Even the famous civil rights organization PUCL challenged this same draconian law of the Govt. of Chhattisgarh few months ago in Hon’ble Supreme Court of India but Supreme Court refused to entertain the petition and asked the PUCL to move to Andhra Pradesh High Court, though it is so much clear that this legislation is unconstitutional and is absolutely not required
especially when laws like UAPA are present for entire country.
How Indian Democracy has been Vulgarised ?
• It has become a popular trend with the Governments either State or Central that it acts and behaves as a Dictator for whom Democracy is just an empty phrase and people are only puppets. It is clear especially from past couple of decades in which Govt. of various states have resorted to countless undemocratic and inhuman Draconian laws. The formation of such legislations is the indication that the character of state is in the process to become a dictatorial or even fascist state. The massacre of common masses in Punjab during late 80’s, gross human rights violation in Kashmir for more than 30 years, alienation of whole of North East because of the 58 year old Army rule and finally the introduction of policies of Liberalisation, Privatisation and Globalisation (LPG) has fuelled the need to make more such laws. The arrest of Dr. Binayak Sen and lodging a frivolous FIR against Arundhati Roy shows that State of India is not ready to amend its anti-people policies but on the contrary is ready to suppress the democratic voices through its black laws and defend the interests of rich sections of society.
• Democratic State consists of three pillars - Judiciary, legislation and Executive. Where, only when judiciary works independently and without the influence of any of the other agency, only then justice can be delivered and faith in democracy can be restored among masses. Now this is the high time that students and all the sections of Civil society must wake up to the fact that independence of Indian Judiciary seems to be only a ‘fairy tale’. Since time and again many Civil liberty organizations have resorted the tool of judiciary in order to deliver justice but seldom it delivers. The delay and nature of judgment on Babri is one strong contention favour argument.
• Not only Judiciary, but due to the commercialization of Media- which is known as the 4th pillar of democracy- it has lost its credibility in the eyes of masses in common. It is shocking to observe that electronic as well as print media has not been honest and have been shouting mostly the version of Govt. Be it the issue of Kashmir, North-East, Tribal belt or any other pro-people movement such as the strike of Hero Honda workers in Gurgaon or peasant movement in Punjab against the privatization of Electricity Board Etc. Media must act as a mirror for democracy and society which shows the reality but on the contrary it seems it is not performing its most essential duty which is, to be neutral and bring out the truth before masses.
Why democracy has been Vulgarised ?
• On the onset of policies of LPG and disinvestment in public sectors it was clear to the Govt. that the people of India before 1991 has enjoyed the facilities of govt. jobs and it will be difficult to take this right and facility from people. Thus in order to favour the rich corporates the drama of ‘sick PSU’s’ was played by the govts and once the flourishing public sectors were slowly down away with. It seemed to govt. that its logic of failure of PSU’s and expansion of corporate sector will be able to convince people for long. But it met with its fate when in every state of India many employees and student unions asked for the permanent employment and affordable education. Consequently, discontent of common masses got manifested in the daring struggles of ETT, JBT, B.Ed., Transport employees, Electricity board etc. in Punjab in recent years and it was ample proof for Govt. that its ‘loli-pop’ of private sector has been failed. So as a back up plan govt. was ready to introduce ‘Rowlatt Act’ type draconian legislations to please its financial Masters – Corporates and Big landlords- and hence it did the same and vulgarized democracy at State and centre level.
• Another reason that govt. is so cunningly tempering and misinterpreting the constitution in its favour is its ‘displacement policy’. Displacing small peasants from their land and giving it to the large multinationals is one big plan under the LPG policies. Since it too was clear to govt that such displacements of people from their lands do have potential to grow in big national movements against it. So in order to pursue its pro-corporate policy it needed to nip the ‘evil’ in the bud through its ‘BLACK LAWS’. This policy of making peasants landless had large effect on this section. The wide-spread suicides of peasants in Punjab, Andhra and Maharashtra shows how cruel State can be. Further the measures which Govt. resolved, to quell the discontent among peasant masses against displacement were displayed during the struggles of Singur and Nandigram and the oppression of Indian State fell hardest on the tribal community of central India which was largely and most forcefully displaced from their lands in favour of American and Japanese corporates. Hence it was very clear that to mute the voice of people, govt. shouted its vulgar political propaganda, influenced Judiciary in its favour, passed draconian laws, misused security forces and used every manner possible to make ineffective the rights of masses of India given by constitution.
• Also at the same time when whole of the Free Market economy around the globe once again entered into a fatal circle of Crisis these so called ‘welfare States’ were so easily exposed. The same govt. which refused to give a single penny to save its PSU’s such as HMT now so generously distributed people’s money to the companies like Satyam. The widespread retrenchment affected severely the industrial hubs of India such as Gurgaon, Banglore etc. But the govt. was already ready to suppress any workers movement against their Capitalist masters with the formation of ‘Industrial Security Force’ and other draconian laws applicable. But never had it given second thought to its policy of giving bail-outs with people’s hard earned money to corporates.
ROLE OF CIVIL SOCIETY AND STUDENTS :-
As we have noted above the Govt. of India is becoming more and more dictatorial in every manner we see. The genuine movements of peasants, workers, employees are usually met with cruel fate owing to the oppressive attitude of govt. And history has proved that every time the Govt. of India has tried to undermine democracy the University campuses of our country have repelled every dictatorial and vulgar act of the state. Be it the times of emergency during the reign of Indira Gandhi or be it the cruelty of govt. in Kashmir and Singur. Now is the time that whole of Civil Society and students must stand up against the oppression. The arrest of Dr. Binayak Sen is such moment when we as students and every conscious member of Society must oppose vehemently this preposterous act of the Govt.
SENTENCE TO DR. BINAYAK SEN IS UNJUST, UNDEMOCRATIC AND UNCONSTITUTIONAL
WE DEMAND THAT JUSTICE MUST BE DELIVERED.
STUDENTS FOR SOCIETY (SFS)