Binayak Sen's conviction should alarm us all

[ravishingravi]

On Friday, a court in Chhattisgarh sentenced Dr Binayak Sen to life imprisonment on charges of sedition. A whole section of Indians is appalled, says Dilip D'Souza, because we can see no evidence for the things he is accused of. That a State's machinery can ask for and obtain a conviction -- and a life sentence at that -- on such grounds should alarm us all. On the day that Binayak Sen was sentenced to life in prison, I was at a children's court in Mankhurd. I was there because I got introduced to a young father from Chhattisgarh and his two little daughters, 8 and 5. When a couple I know well met them a few nights earlier, he said he was going to turn the girls over to a 'madam' who had promised him Rs 1 lakh (Rs 100,000) for them. This was attractive for these reasons: His wife left him three years ago. He works as a security guard in a Bombay suburb. He lives in a shed with 12 other men: no place for two young girls to also live. In fact, there have already been times when some men in the shed tried to do 'dirty things' with his girls. He has no way to ensure the safety of the girls. Better, all things considered, to sell them to this 'madam'. The aghast couple persuaded him not do anything in haste, assured him that they would try to help. A shelter for street children they got in touch with was willing to take them in, but needed a court order to do so. And that's why the man took a day without pay from his job to go with us to the children's court, and that's when the message about Binayak Sen's sentencing came in. Why is all this relevant to Sen's case? Because via this young father and his girls, I get a glimpse of the way a lot of Indians live. And if I want to think about the meaning of Sen's case, I cannot escape that and any number of other glimpses. But consider first the reactions to Sen's conviction. A whole section of Indians is appalled, above all because we can see no evidence for the things he is accused of. That a State's machinery can ask for and obtain a conviction -- and a life sentence at that -- on such grounds should alarm us all. But far from alarm and dismay, a whole other section of Indians is ecstatic. 'An antinational got what he deserved', says a typical message I got. For such people, the only thing that matters is that Sen is accused of meeting a man the State machinery calls a Maoist, an imprisoned man who is 67 years old. This meeting, no questions asked, is enough to turn Sen into an 'antinational'. Governments now know well: Mention the word 'Maoist', and plenty people otherwise sceptical of the government become instant believers. It's clear where my opinions are, of course. No way that the people appalled, like me, are suddenly going to turn ecstatic. But no way either that the delighted folks are suddenly going to share my dismay. So I won't waste my time trying to convince them. I will instead offer that glimpse, a reminder of the way too many Indians live. On this day that Binayak Sen was sentenced to life in prison, I heard a judge tell this father who feared for his daughters' safety: "You should have made a police complaint about the men who tried to mess with your daughter!" "I tried", said the father. "They told me to go away." "You should have gone back ten times if necessary!" said the judge. "This is a question of their moral security!" But this judge who was concerned about moral security refused to let the man take his daughters to the shelter that was willing to take them in. Not even for this night. "Go back to where you live," said the judge. "Make a police complaint about the men first, then approach the children's court." That was the end of that. So let's list the lessons for the day. A young man can find no worthwhile work in his home in Chhattisgarh. He comes to the big city to make a living, earning Rs 3,500 a month, far more than he would at home. Back in his village, his wife runs away, abandoning their daughters. Left with no choice, he brings the daughters to the big city to live with him. Grown men do "dirty" things with the little girls. He decides to sell them to a "madam" for a lakh, attractive because that's nearly three years' salary. When he's persuaded via a chance encounter to try a saner route instead, a judge tells him to take them back to the same place of depraved grown men. Poverty and deprivation in India [ Images ] have plenty of dimensions: hard lives, injustice, apathetic authorities and more. I could list figures, I could cite examples. The point is simple: This is the context for the rise of Maoists and the reason they have such a lot of support in areas like Chhattisgarh. You may think what you like about Binayak Sen. But until you open your eyes to the realities of that context, until we all fully understand every facet of the way too many Indians live even today, until we acknowledge that level of support -- we will have Maoists with us. Merely branding them terrorists won't free us of the enormous problem they present to the Indian State, to us all. Understanding the context, on the other hand, might start doing the job. After the futile court appearance, the young father made up his mind. He was going to take his daughters to the station, spend the night on the platform and catch the morning Gitanjali Express back to Chhattisgarh. We sat with them for a dinner of dal-chawal and scrambled eggs before they left. "Eat properly," he said to one daughter when she didn't want any more to eat. "There's no food for two days now." http://www.rediff.com/news/column/column-binayak-sens-conviction-should-alarm-all-indians/20101227.htm

[achilles]

Quite shocking. This is the underbelly of India. While one India has been riding the bull by the horns, the other is grappling with situations like this.

[hari504504]

People need to realise that our 'soon to be developed' dream is just a pipe dream... as long as we can't abolish this ****** babudom..."make a police report..let something happen to the kids first..then come here"..I mean wtf...this coming from a judge in our country ??!

[Guest Gunner]

What an article, truly stirring. I don't want to use the forum to send public service messages but those of you can afford to please set aside a portion of your income to contribute to children's education trusts and orphanages. This is the only way we can ensure dignity for our fellow countrymen. I do it every year and I hope some of you will do it too.

[ravishingravi]

What an article' date=' truly stirring. I don't want to use the forum to send public service messages but those of you can afford to please set aside a portion of your income to contribute to children's education trusts and orphanages. This is the only way we can ensure dignity for our fellow countrymen. I do it every year and I hope some of you will do it too.[/quote'] I would go a step further and ask those who can afford the time to actually interact with the children. It is as imp. if not more than the financial contribution.

[ravishingravi]

The Case of Dr. Sen From Javed Akthar’s Twitter feed: “Dr Binayak Sen’s life imprisonment reminds us that standing by the poor and the helpless is an unforgivable crime in our society”. This sentiment is repeated in different ways in the general chatter about the Binayak Sen verdict—he is an awarded doctor with a sterling record of public service and what a terrible country India is when such a man be punished when corrupt officials who siphoned off crores walk free? Unfortunately all of this is emotional hot-air used by activists, with a definite agenda, to provoke an emotional response rather than a cerebral one. Even the LET’s parent organization does extensive social work in Pakistan and Kashmir as part of their outreach activities and, for that matter, so do Naxals themselves—-as a matter of fact, C. Vanaja’s extremely sympathetic dispatches on the developmental work done by Naxals were themselves awarded by the Prime Minister of India as part of the RN Goenka sponsored “Uncovering India Invisible”. Hence using Dr. Sen’s record of altruism is neither here nor there and should have no bearing on whether he is a criminal or not except proving that unlike champagne liberal hypocrites of the Azmi and the Roy type, this man has the conviction to walk the talk. Which is admirable no doubt. Also just because corrupt officials go unpunished should not excuse Dr. Sen, should he be guilty, as two wrongs we all know just make two wrongs and not one right. One’s opinions then should be formed by considering two things—-the case against Dr. Sen and whether what he is being accused of should get the life sentence? From a general look at documents available on the Net, one can conclude that there is little credible evidence to establish that Dr. Sen was involved in the operational details of Maoist terrorist activities. The prosecution’s attempts to link him to ISI have been farcical. Of course by the “creativity” of their charges, they have weakened their own case when it goes inevitably to the Supreme Court (They did exactly the same thing for S.A.R. Geelani, the defense just had to show that the prosecutors irregularities, call into doubt their motives and the man walked free) and have had made it that much easier for supporters of Dr. Sen to call into doubt the other more credible charges that exist against Dr. Sen. Similarly some of the defenses given by his supporters available on the PUCL website are structured like this: “Mr. X could not have written the letter as he was arrested six days ago. There is no record of him being arrested of course but Mr. X has told us he was arrested and we believe him.” However what is pretty clear, and that has not even been denied much also, is that Dr. Sen is a strong Maoist sympathizer. Searches of his house revealed ultra-Left literature and I think we can all agree that if you have a stash of Playboys in your cabinet, one can safely say that you like women. Dr. Sen had been actively working in the legal defense of Naxal terrorists like Narayan Sanyal which explains the cash found on him which was going to be used as payment for Sanyal’s lawyers. Sanyal had written to him from jail and while these letters have the standard bromides against imperialism and the Indian state (and could be argued to contain the philosophies of a banned organization) [source] and the need to extend their activities among the peasantry and in urban centers, there are not any operational details of illegal activities. He and his wife had been instrumental in getting jobs for people accused of being Naxalites but then again considering the kind of company the Sens kept, being Maoist sympathizers themselves, that is but natural. According to the Chattisgarh Special Public Security Act (CSPSA), any kind of facilitation for members of unlawful organizations is a crime and by that token the case against Dr. Sen is strong. But the terms of imprisonment according to the law, are in the range of two to three years and definitely not life. This is why I strongly believe that Dr. Sen’s punishment will be overturned by the Supreme Court. Taking a step back, the larger issue is “Is it a democratic right to believe in “banned” philosophies and to facilitate the nominally non-violent activities (like passing their propaganda around or helping in their legal defense) of those who plan and engage in violence against the State”? Or in other words, is CSPSA by definition anti-democratic? Is it within the purview of democratic rights to stockpile SIMI literature for instance, carry around suitcases of cash for the defense of SIMI activists as a courier and publicize their rants against the Indian state while making the point that though you do not agree with SIMI’s philosophy of violence, you agree with their assertion that India is a Hindu state that is involved in the genocide of Muslims and hence you are advancing their interests (this is the kind of argument Dr. Sen makes but with respect to Naxals—-he does not support violence but is sympathetic to their aims with respect to getting rights for tribals and fighting Salwa Judum, an organization that rivals the Naxals in their brutality except that it was supported by the Chattisgarh government to put down the Naxals extra-constitutionally)? Putting it another way, at what stage does facilitation end and freedom of dissent begin? Dr. Sen’s case is a case which sits right in this twilight zone. Working tirelessly all his life for the uplift of the dispossessed, Dr. Sen has frequently found common cause with Naxalites and even if we accept his contention that he does not support their methods of violence, their goals and his overall philosophy has been congruent. Given this, it is only natural that the lines of cooperation between them would become blurred over the years and what the State considers active facilitation he would put down to legitimate political activity in support of people whose goals he supports. Unfortunately what most people do not understand that the goals of the Naxals are not restricted to only getting tribals their rights, an admirable one but one primarily used as a PR front to hide their real aim—- overthrow the Indian state, loot the wealthy (yes even Javed Akthar and Azmi won’t be safe) and re-distribute it, make the intellectuals work the fields (yes Ms. Roy won’t be safe either, should she not be in Boston sipping latte when the revolution happens), in essence establishing a Pol Pot-type regime of Marxist totalitarianism where democracy has no place. To that aim, they are willing to use the cover of democracy and free speech for now purely as a strategic weapon to be abandoned once they come to power. Given that, one needs to ask are we willing to let these people use the shield of democracy to push forward their anti-democratic final agenda through “the extension of their movement” (as Narayan Sanyal’s letters said) [as per their own website's report] or are we prepared to ensure that terrorist philosophies of Naxalism are put down with a firm hand? If you believe in the second, then you also need to ask—-do we risk making Dr. Sen a martyr by bearing down on him so severely (and mind you, he already has the halo attached to his head) or are we better of doing a strategic “leaving the ball outside the off-stump” in his case, considering the greyness of the entire affair? Points to ponder. http://greatbong.net/2010/12/25/the-case-of-dr-sen/

[Guest Gunner]

I would go a step further and ask those who can afford the time to actually interact with the children. It is as imp. if not more than the financial contribution.

Absolutely agreed, however many of us are young and have to spend a lot of time in relation to our work and wives/girl friends at the moment but definitely spending time for teaching and counselling is the next step. Its a very important activity and we owe it to our less fortunate countrymen.

[yoda]

Arundati Roy next I hope. Those who encourage and sympathize with terrorists have no place in a civil society. Life sentence seems a bit harsh, would like for it to be reduced to a lesser punishment. It is time India got tough with terrorism in general, be it Maosits or Islamic terrorists or any of their supporters. Terrorism and resorting to violence as a response to poverty or government inaction can never be accepted as a reasoning.

[Sir john]

I too think that we need to donate some part of our income for benefit of poor children.

[Mamu]

Arundati Roy next I hope. Those who encourage and sympathize with terrorists have no place in a civil society. Life sentence seems a bit harsh, would like for it to be reduced to a lesser punishment. It is time India got tough with terrorism in general, be it Maosits or Islamic terrorists or any of their supporters. Terrorism and resorting to violence as a response to poverty or government inaction can never be accepted as a reasoning.

This. For far too long people have been abusing the so called Democratic Society. Things have to change, even if that means we all are sacrificing a little bit.

[bharathh]

I am all for due process... but why is it applied so selectively in India? Why are all the goondas posing as politicians, policemen and civil servants allowed to flourish without recrimination? Why are people allowed to get a critical ID like a driver's license without a test? When the common man sees so much injustice flourishing in the country there are bound to a bunch of people rising up against the system. I don't support the Maoist movement. They are an abomination for sure - however, I can understand why people side with them. I am not familiar with what this guy has done... but surely it can't be worse than embezzling obscene amounts of money from the country in the name of serving it. When people like Kalmadi, Bharkha Dutt and other *****s are in important positions in our society, how does one justify a life sentence for this guy?

[Anguiano]

Binayak Sen's conviction should alarm us all 'Governments now know well: Mention the word 'Maoist', and plenty people otherwise sceptical of the government become instant believers, says Dilip D'Souza. | Binayak Sen

[Sachin=GOD]

The Sound Of Silence By suppressing civil society’s voice, the state merely proves its might is not always right Najeeb Jung The incarceration of Binayak Sen reminded me of the sophist philosopher Thrasymachus’s definition of justice in Plato’s Republic. Challenged by Socrates to define justice he says: “I proclaim that might is right, and justice is in the interest of the stronger…The different forms of government make laws, democratic, aristocratic, or autocratic, with a view to their respective interests; and these laws, so made by them to serve their interests, they deliver to their subjects as ‘justice’, and punish as ‘unjust’ anyone who transgresses them.” This is the nature of justice meted out to Sen who has spent a lifetime working among the adivasis of Chhattisgarh. Sen is the national vice-president of People’s Union for Civil Liberties and general secretary of its Chhattisgarh unit. As an activist, he has time and again spoken against state imperialism in the context of the people living in the forests of Chhattisgarh. Not many in the cities are fully aware of the harsh life in these areas. The truth is that the adivasis who are the original inhabitants of these forests are steadily being ousted from their habitat. With their beliefs and culture repeatedly challenged, they are left with three stark choices. One, to fall in line, grab some peripheral reservations in jobs offered by the state, learn to tolerate the perpetual harassment and exploitation of their women and watch their culture destroyed in the name of development. Two, seek shelter deeper into the forests, and wait for the forest guards and rangers, aided by insensitive revenue officials, to slowly catch up and destroy their huts, crops and drive them away again. Or, three, stand up and protest against state oppression. Over the past century, the adivasis of India living in a wide arc spreading across the northeast, 24 Parganas, parts of Bihar, Jharkhand, Chhattisgarh and Madhya Pradesh have sacrificed in the cause of development. Each time a steel city sprang up, starting from Jamshedpur to Durgapur to Rourkela and Bhilai, local residents lost a great deal. Every time a new plant came up, lands belonging to the local residents were acquired at a pittance. While some of the able-bodied became factory workers, the majority of men and women lost out. Adivasis who lived in the forests and protected the flora and fauna for centuries were told that the land and forest belonged to the state. Resistance has been ruthlessly crushed, a perpetual reminder of their social backwardness, feeble political voice and inability to be heard. Local government officials and petty contractors seeped in corruption and insensitive to local cultural traditions have presided over the interior hinterlands and deprived these areas of even basic infrastructure like roads, drinking water, schools, small irrigation facilities or markets where local products can sell at a profit. Is it not strange that a state – which allows a Phoolan Devi to be a member of the Lok Sabha; negotiates truces and offers amnesty to dacoits and terrorists to buy peace; fails to try the accused in communal riots; is unable to prevent gender or caste atrocities; is inept at combating corruption within politics, industry, civil service and indeed the judiciary – endeavours to shut out voices that speak in favour of preserving local culture, protecting the rights of the tiller, protest against exploitation, corruption and lack of basic infrastructure? How is it that this land of the Buddha, Mahavira and Gandhi now turns a blind eye and deaf ear to the thousands of farmers who commit suicide in Maharashtra, Andhra Pradesh and Madhya Pradesh? Is it then surprising that so many youth, not just the adivasis of Chhattisgarh, are losing faith in the nature of the present state? Sen has, on several occasions, said that he does not support violence. At the same time, he has strongly spoken against the harsh and illegal activities of the salwa judum that he believes is splitting adivasi society. The salwa judum is an illegal body of thugs that has been formed at the behest of government to “handle” the adivasis who speak against it. Sen has been in touch with Narayan Sanyal, a jailed Marxist ideologue, but this has always been with the formal permission, and in the presence, of the jail authorities. Does this warrant a charge of sedition and life imprisonment? It is reported that he carried letters to the Maoists from Sanyal. These letters need to be published to expose the crudity of the trumped up charges. Add to this the statement of the director-general of Chhattisgarh police who said his belief is that “dalit movements, women’s empowerment movements, human rights movements, environmental protection movements” are all suspect because Naxalites want to penetrate and hijack “movements not linked with CPI (Maoist)”. Are these statements acceptable coming from the senior-most echelons of civil administration? Iqbal once said: “Jis khet se dehkan ko mayyassar nahi roti, Us khet ke har gosha-e-gandum ko jalaa do” (burn every stalk of grain from the fields that cannot provide food to the tiller). Naxalism is a shrill alarm of what the future holds and indeed a hint that India Inc travel beyond the glamour of rapid GDP growth towards a state where people are able to participate more and get a greater share of the fruits of its growth. The writer is vice-chancellor, Jamia Millia Islamia.

Link

[Sachin=GOD]

SC grants bail to Binayak Sen, drops sedition charges against him

NEW DELHI: The Supreme Court on Friday granted bail to civil rights activist Binayak Sen, who has been sentenced to life imprisonment on charges of sedition and for having links with Naxalites. The apex court said that the evidence on record proves no sedition case against Sen. At the worst he could be termed active sympathizer of Naxals. The court also observed that mere possession of Naxal literature does not make a person a Naxalite, guilty of sedition, as one who possesses Mahatma Gandhi's autobiography can not call himself a Gandhian. Granting bail to the civil rights activist, the apex court said that the trial court would impose condition of bail while ordering jail authorities to release Binayak Sen. A bench comprising Justices H.S. Bedi and C.K. Prasad passed the order on the petition moved by Sen challenging the order of Chhattisgarh High Court denying him bail. Sen, 61, had challenged a Chhattisgarh high court order that rejected his bail plea on February 10. He had sought bail contending that the trial court had erred in convicting him without substantial evidence. Sen had filed a petition in the Chhattisgarh high court on January 6, challenging a district and sessions court order that had convicted him on various charges, including sedition, and had sentenced him to life imprisonment. A Raipur sessions court had on December 24 last year held Sen and three other people guilty of treason and for waging war against the state. He was also found guilty of sedition. Sen was arrested in Chhattisgarh in 2007 and was granted bail two years later. He was honoured with Jonathan Mann Award in 2008 while still in prison.

http://timesofindia.indiatimes.com/india/SC-grants-bail-to-Binayak-Sen-drops-sedition-charges-against-him/articleshow/7987813.cms

[Guest Shivani]

Who has taken up Sen's case ? Jethmalani i guess ?

[yoda]

NEW DELHI: The Supreme Court on Friday granted bail to civil rights activist Binayak Sen, who has been sentenced to life imprisonment on charges of sedition and for having links with Naxalites.

How can you grant bail after conviction? Do they mean overturn the verdict?

[kabira]

They can grant the bail because they think the charges against him are not proved basis of evidence presented to them.

[yoda]

They can grant the bail because they think the charges against him are not proved basis of evidence presented to them.

Then why did they convict him in the first place or was that a different court?

[kabira]

yes it was different court Supreme Court has bailed him out and dropped the sedition charges it was Chhattisgarh high court order that had convicted him