Civil
Liberties In India
By Teesta Setalvad
10 February, 2007
Countercurrents.org
Nani A Palkhivala Award 2006 Acceptance Speech
Friends,
As I stand here to accept
this award given in memory of a man who has been described alternately
as a passionate democrat, a patriot and above a good human being I cannot
but recall how this one man institution associated with us, Communalism
Combat, in its nascent years. In response to one of the darkest moment
this great metropolis, Mumbai (then Bombay) has lived through, December
1992 and January 1993, he sat alongside the inimitable and unique, the
late Mr HM Seervai to speak to the then President of India to ‘call
in the army’. When a subsequent government in the state reaped
the benefits of hate politics and in a stroke of executive arrogance
scrapped the Justice Srikrishna commission of inquiry investigating
the mass murder and police complicity behind the violence, Mr Palkhivala
stepped down from Bombay House and along with another captain of industry
Mr SP Godrej joined us in the nationwide protest that was one of the
citizens’ actions that eventually led to the reinstatement of
the commission. That was January 30, 1996. A year earlier, two judicial
decisions –one of the Bombay High Court and the other by the Supreme
Court had shaken the common man’s faith in the judiciary. Citizens
had challenged the hate writing in the Saamna, and through a writ petition
urged for a judicial directive to compel the state government to prosecute
the author of these speeches a man who went unchallenged by the law
and order machinery in this great city, Mr Bal Thackeray. Mr Palkhiwala
said the future of India was at stake if the court did not compel the
state to intervene and take action against this kind of journalism.
Today, in 2007 we see a glittering
and glamorous India everyday, through the media and parts of our large
cities –an India that suggests growth and wealth and prosperity
yes, but only for a section of our population. A third of Indians reel
under rural hunger where the lack of access to nutrients in their diet
should be a matter of national shame. Narrow and aggressive definitions
of patriotism coupled with rank unprofessional, if not biased conduct
in the intelligence services and the law and order machinery, have ‘othered’
many sections of Indians, reducing them to irritants, trouble makers
or rank anti-nationals.
It is a moment of profound
test for all our institutions. The paradigms of fair play, equal rights
to life and ownership of private property, make both the shock of farmers
being shot dead in communist West Bengal and the shame of the mass victim
survivors of the Gujarat carnage of 2002 a living reality. Closer home,
in Maharashtra, protests following the brutalization and murder of a
Dalit family in Khairlanji allowed the Nagpur police to pull out 55
year old women and other protestors from their homes and thrash them
into silence. In Amravati a rickshaw driver protesting was shot point
blank in the head by the police.
Does the Indian state need
to answer, any more, to the largest number?
Does the executive initiate
and take decisions of economic and social policy after due consultation,
through the vote, in a democratic manner?
Have our Courts shown due
and democratic concern to issues of economic and social access, equity
and non-discrimination?
Does our media, television
and print reflect news at all, leave aside news and views of the majority
of Indians?
Do institutions of Indian
democracy adhere to the word and spirit of the Indian Constitution?
Is India a living and breathing
democracy?
Be it West Bengal, Gujarat,
Maharashtra or Orissa lands belonging to voiceless Indians are being
seized, without adequate debate, transparency or Constitutional accountability.
(Quote) “Globalisation” (unquote) has come here in partnership
with vengeful and vindictive state terror and repression. State force
at its most brutal is being used to stifle democratic protest and dissent.
As I look forward to the memorial lecture by an icon of modern India,
a captain of industry, I urge this prestigious audience here to ask
some of these difficult questions. Of themselves.
Friends, next month is the
fifth anniversary of the Godhra mass arson and the post Godhra genocidal
killing. Justices VR Krishna Iyer and PB Sawant—both retired judges
of the Supreme Court-- who headed a citizens tribunal into the Gujarat
carnage, have observed that (quote) “the post Godhra carnage was
an organized crime perpetuated by the state’s chief minister and
his government” (unquote) and held Gujarat’s CM Modi to
be (quote) “the chief Author and Architect of all that happened
in Gujarat after the arson of February 27, 2002.” (unquote). The
National Human Rights Commission and the Supreme Court of India have
drawn similar conclusions about the head of the state of Gujarat.
Today for the same captains
of industry who see the vision of a glittering India exemplified in
the “strong political leadership of Mr Narendra Modi” –I
refer to the recent investments promises to the state— I would
like to place this reminder on record. All and each of us, especially
those who hail from Gujarat would like to see Gujarat vibrant, and prosper.
The community that Mr Palkhivala hailed from was first given refuge
within what is today known as Gujarat when the Parsis migrated to India,
from Persia. Strength, cohesion and prosperity can be built through
an enlightened administration and polity that respects the rights of
all, harbours dissent and respects the struggle for rights and justice,
a state of affairs that supports the natural order of things.
However, when (quote) “normalization”
and strength” (unquote) are equated with a vindictive administration
and political repression, when brute compromise is thrust, when acknowledgement
of the horrors of mass crime are denied hundreds of thousands of victims,
when villages, cities and mohallas are divided by borders, when the
victim survivors and human rights defenders who stand up for justice
are threatened arrest and torture, it is repressive strength and state
power that we are talking about. Civil liberties, the struggle for the
defence of which I am being honoured here today, are severely trampled
upon.
Friends, even what actually
happened at Godhra railway station on February 27, 2002 is hotly contested
today. There is absolutely no proof of the theory perpetuated shrilly
by Mr Modi to justify state sponsored mass rape, killings and murder.
As we approach the fifth anniversary of a truly bleak period in Indian
post-Independence history, I request each one of you present here, to
remember. The struggle of man against power is the struggle of memory
against forgetting.
As I acknowledge the huge
contribution of my family to my work, I would like to laud the joint
vision of my comrade in arms, Javed Anand that launched us into this
collective battle since 1993. Colleagues at Sabrang and the board of
trustees of Citizens for Justice and Peace and its myriad supporters
(even from captains of industry) who have the vision to support the
dissenting voice, Raisbhai and Suhel, my tribute. Top lawyers of the
Supreme Court and the High Courts, masters in their field, continue
to offer pro bono services for the causes that we plead.
Our work of a decade and
a half has made us experience the relentless attempts of the system
to tire out the protestor, the dissenter, the victim. Therefore today’s
award, I dedicate to one man within the Indian system, who stood (and
still stands) mighty in the face of a murderous and vindictive Gujarat
administration. Mass murder, mass rape and mass arson were allowed in
Gujarat by a complicit and participatory administration and police force.
Many police officers stood out. But only one man has remained a stoic
and principled dissenter until today, refusing to cave in even as weeks
lapsed into months and months into years. This man that I dedicate today’s
honour to is not a victim, he did not loose a dear family member. He
does not hail from the victim community. His only quality-- that many
but his co-travellers have seen as a fault-- is that he refused to sit
by and let the mass crimes planned at the highest level go unchallenged.
He documented the illegal and unconstitutional orders spat out by Mr
Modi in a meticulously maintained personal diary. He filed well-documented
affidavits before the ongoing Nanavaty-Shah Commission. He suffered
for these acts by being denied due promotion to the post of Director
General of Police, Gujarat, the highest post in his field that as a
policeman and thrice Presidential Award winner for bravery, he would
and should aspire to. He faced attempts to browbeat him in and out of
the courts. He and his wife live socially and politically ostracized
in a state that captains of industry tell us is vibrant and shining
due to (quote) “a strong and , political leadership favouring
rapid growth” (unquote)…..Mr RB Sreekumar, Additional Director
General of Police, the state of Gujarat, I salute you.
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