His iconic speech to compatriot Indian Muslims as he watched, with anguish India’s bloody partition was delivered from the steps of the iconic Jama Masjid of Delhi in 1947. It is a speech worth recalling as it does some plain speaking. As relevant in majoritarian India today —and worth recalling— are his words of dignified assertion as an Indian and a Muslim at the Rampur session of the Indian National Congress in 1940.

“The Musalmans and a United Nation;

“I am a Musalman and am proud of that fact. Islam’s splendid traditions of thirteen hundred years are my inheritance. I am unwilling to lose even the smallest part of this inheritance. The teaching and history of Islam, its arts and letters and civilisation, are my wealth and my fortune. It is my duty to protect them.

“As a Musalman I have a special interest in Islamic religion and culture, and I cannot tolerate any interference with them. But in addition to these sentiments, I have others also which the realities and conditions of my life have forced upon me. The spirit of Islam does not come in the way of these sentiments; it guides and helps me forward.

“I am proud of being an Indian. I am a part of the indivisible unity that is Indian nationality. I am indispensable to this noble edifice, and without me this splendid structure of India is incomplete. I am an essential element which has gone to build India. I can never surrender this claim.

“It was India’s historic destiny that many human races and cultures and religions should flow to her, finding a home in her hospitable soil, and that many a caravan should find rest here. Even before the dawn of history, these caravans trekked into India, and wave after wave of newcomers followed. This vast and fertile land gave welcome to all, and took them to her bosom. One of the last of these caravans, following the footsteps of its predecessors, was that of the followers of Islam. This came here and settled here for good.

“This led to a meeting of the culture-currents of two different races. Like the Ganga and Jumna, they flowed for a while through separate courses, but nature’s immutable law brought them together and joined them in a sangam. This fusion was a notable event in history. Since then, destiny, in her own hidden way, began to fashion a new India in place of the old. We brought our treasures with us, and India too was full of the riches of her own precious heritage. We gave our wealth to her, and she unlocked the doors of her own treasures to us. We gave her what she needed most, the most precious of gifts from Islam’s treasury, the message of democracy and human equality.

“Full eleven centuries have passed by since then. Islam has now as great a claim on the soil of India as Hinduism. If Hinduism has been the religion of the people here for several thousands. of years, Islam also has been their religion for a thousand years. Just as a Hindu can say with pride that he is an Indian and follows Hinduism, so also we can say with equal pride that we are Indians and follow Islam. I shall enlarge this orbit still further. The Indian Christian is equally entitled to say with pride that he is an Indian and is following a religion of India, namely Christianity.

“Eleven hundred years of common history have enriched India with our common achievement. Our languages, our poetry, our literature, our culture, our art, our dress, our manners and customs, the innumerable happenings of our daily life, everything bears the stamp of our joint endeavour. There is indeed no aspect of our life which has escaped this stamp. Our languages were different, but we grew to use a common language; our manners and customs were dissimilar, but they acted and reacted on each other, and thus produced a new synthesis. Our old dress may be seen only in ancient pictures of bygone days; no one wears it today.

“This joint wealth is the heritage of our common nationality, and we do not want to leave it and go back to the times when this joint life had not begun. If there are any Hindus amongst us who desire to bring back the Hindu life of a thousand years ago and more, they dream, and such dreams are vain fantasies. So also if there are any Muslims who wish to revive their past civilization and culture, which they brought a thousand years ago from Iran and Central Asia, they dream also, and the sooner they wake up the better. These are unnatural fancies which cannot take root in the soil of reality. I am one of those who believe that revival may be a necessity in a religion but in social matters it is a denial of progress.

“This thousand years of our joint life has moulded us into a common nationality. This cannot be done artificially. Nature does her fashioning through her hidden processes in the course of centuries. The cast has now been moulded and destiny has set her seal upon it. Whether we like it or not, we have now become an Indian nation, united and indivisible. No fantasy or artificial scheming to separate and divide can break this unity. We must accept the logic of fact and history, and engage ourselves in the fashioning of our future destiny. “

(Excerpted from the 1940 Rampur Congress Presidential Address by Maulana Abul Kalam Azad)

With dozems of books written and thousands of seminars and symposiums organised over the years to remember and celebrate his legacy, and rightly so. One aspect of his life as a freedom fighter that beara remembering today is how he responded when he was charged with sedition in the year 1922.

 Mahatma Gandhi, who was himself tried under the law, was highly impressed by Azad’s statement in the case. According to Gandhi, Azad’s 30-page written statement is and was an eloquent thesis on nationalism.

This speech best explains his attitude towards the colonial government. This is important to remember because ironically, on the occasion of his birth anniversary today, the Central government-funded and -administered Indian Council of Historical Research (ICHR) is organising a day-long symposium on the life and objectives of Hindutva icon Vinayak Damodar Savarkar, who is often projected as the brave ‘Veer Savarkar’. Savarkar was a known loyalist of the colonial government, contrary to Azad.

Maulana Azad’s written statement before a colonial court in Calcutta is part of an Urdu book titled Qaul e Faisal, parts of which have been produced in A.G. Noorani’s Important  book Indian Political Trials (1775-1947). Azad was tried and arrested in Calcutta in December 1921, under the sedition law, for a few of the speeches he had made in July 1921. He was eventually sentenced for a year’s rigorous imprisonment, which he thought was too light for him.

In defiance of the colonial government, Azad’s written statement (ref: Noorani’s book) reads,

“I have been charged with sedition. But allow me, please, to understand the meaning of ‘sedition’. Is sedition a name for freedom struggle which is not successful? If that be so, I would fully agree with it. At the same time, however, I would remind you that its name is also the highly respected ‘patriotism’, once the movement becomes successful.”

He further declared that:

“I believe that liberty is the birthright of every person and every nation… I do not recognise the present government as a legitimate government and consider it my national, religious and personal duty to liberate my country and my nation from its rule…I am a Muslim and it is my duty as a Muslim as well.”

Azad has quoted Prophet Muhammad as saying:

“If you see a wrong being done, prevent and redress it with your hands; if you cannot do that, speak up against it. If you cannot do even that, tell yourself it is wrong. But that is a weaker form of faith (Iman).”

According to the erudite author, Mumbsi- based AG Noorani, Azad added that “since people in India lacked the power to set right the wrongs being done by the government, they adopted the second course to which they are entitled, namely to condemn the wrongs.” Azad also said, “I must say that in the last two years, I have done nothing except violate section 124A (sedition).”

In conclusion, Azad asked the magistrate to award him the maximum punishment, and without any hesitation. He said:

“I will feel neither aggrieved nor sad. I am concerned with the entire machinery, not with the individual part. I know that unless the machinery is changed, the parts cannot change against their task. The historian is waiting for us and the future has been waiting for us. Allow us to come here often and you may also continue to write your judgments. This will go on for days till the doors of another court are flung open. It will be the court of the law of God. Time will be its judge and will write its judgment. And its verdict will be final.”

Questioning critically the role of courts, Azad further said:

“History bears witness that whenever the ruling powers took up arms against truth and justice, the courtrooms served as the most convenient and plausible weapons. The authority of the courts of law is a force which can be used for both justice and injustice. In the hands of a just government, it becomes the best instrument for attaining right and justice. But, for a tyrannical and repressive government, there is no better weapon for wreaking vengeance and perpetrating injustice.”

Listing some of the famous cases of injustices, Azad declared:

“The list of injustices committed by courts is very long. History has not ceased to mourn them to this day. In that list we find a holy person like Jesus Christ, who was made to stand with thieves before a strange court of his times. We find in it socrates who was sentenced to drink a cup of poison for no other reason than that he was the most truthful person in his country. We find also the name of the great martyr to truth of Florence, Galileo, who refused to believe what he knew and learnt from his experiments though their avowal was a crime in the eyes of the court of his time.”

Today, tragically India has a regime in power that prefers generations to ignore or forget an iconic figure like Maulana Azad, including on his birthday.

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The post On his 135th birth anniversary, let’s recall why Maulana Abul Kalam Azad Said About remains a threat to supremacists of all hues appeared first on SabrangIndia.

Whatever Urdu poet Firaq Gorakhpuri’s intention while writing this couplet, fans nowadays used it to remember his genius that influenced an entire generation of Urdu lovers. Even 39 years after his death, Gorakhpuri – born as Raghupati Sahay – is a beloved treasure of the Urdu community. The writer, critic and poet was born amongst other Urdu personalities like Muhammad Iqbal, Jigar Moradabadi, Josh Malihabadi, Faiz Ahmed Faiz and others. Yet, from an early age, he made his mark in the Urdu literary community.

Born on August 28, 1896, Gorakhpuri’s father Gorakh Prasad was a landlord and practiced law in Gorakhpur. He was also the one who taught young Raghupati about poetry. Despite being born in a Hindu family, he read Urdu and Persian. As a result, he got a sense of traditional metrical forms such as ghazal, nazm, rubaai and qat’aa from a young age.

Following his bitter marriage at a young age, Gorakhpuri developed a passion for Urdu poetry. However, his thoughts still centered around Hindu motifs like Hindu Gods and traditions. His works thus created an amalgamation of the two cultures using Khadi boli. He recited his first ghazal as a B.A. student. Hindi writer Premchand, who was close to Gorakhpuri at the time, sent his early works to the Diya Narain Nigam.

Unfortunately, his life took a dire turn in the same year when his father died. After this, Gorakhpuri became steadily interested in the country’s freedom struggle. Even when he received an opportunity to enter the Provincial Civil Service and the Indian Civil Service-British India, he resigned to follow Mahatma Gandhi’s Non-cooperation movement. He was jailed for 18 months due to this decision.

He even wrote couplets of revolution like the following: 

“dekh raftār-e-inqalāb ‘firāq’/ kitnī āhista aur kitnī tez” 

(Translation: Behold the pace of revolution Firaq, How gradual yet how fast!) 

His role in the Independence struggle was crucial to fight the then government’s effort to label Urdu as a ‘Muslim language’. 

After Indian Independence, Gorakhpuri joined the Allahabad University where worked as a lecturer in the English literature department. During this time, he wrote many poems including Gul-e-Naghma that earned him the Jnanpith Award – the pinnacle of Indian literary awards – and the 1960 Sahitya Akademi Award in Urdu. In 1968, he received both the Padma Bhushan and Soviet Land Nehru Award. Over time, he worked as a Research Professor at the University Grants Commission and Producer Emeritus by All India Radio.

Apart from his poetry, he was also known for his love for Wordsworth, his presence of mind and his intelligence. His supporters even today fondly remember his works and contributions for a secular India.

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The post Firaq Gorakhpuri and his revolutionary legacy appeared first on SabrangIndia.

As Citizens for Justice and Peace joined the late Justice PB Sawant’s family and friends to celebrate his illustrious life and fond memories on the occasion of his birthday, several jurists, legal luminaries and senior activists in the social justice and human rights movement had significant insights to offer, into his life and contribution to Indian public life.

His son and lawyer Vishwajit Sawant started off the meeting saying ‘Welcome to the Party’ as he called it wishing Justice Sawant ‘a happy birthday’ and urging people to celebrate his free-flowing ideas, thoughts which were the greatest source of tonic to him.

Justice BN Srikrishna, a well-known jurist and retired Supreme Court judge, also author of the famed Justice BN Srikrishna Report into the communal violence that broke out in Bombay post Babri Masjid demolition in 1992-83, was one of the chief speakers. Referring to Justice Sawant’s command over 10 languages, he commended that close to 300 people joining the memorial meet on zoom attributed to him and legacy. While speaking, he recalled one of his first memories of Justice Sawant who, as a practicing lawyer, never lost his cool while arguing. His first impression of Justice Sawant was that of a “gentleman at its core, with passion in his heart”. He believed Justice Sawant to be deep rooted in constitutional principles and committed to the Constitution. Another great quality of Justice PB Sawant was that he was passionate about mentoring youngsters and he hoped that his desire to train youngsters will make this nation a better place. He was known as Satyashodhak, a seeker of truth.

The next speaker, Justice Arvind Savant, former Chief Justice of the Kerala High Court, said that each individual learnt something new and precious from Justice Sawant. Even post retirement, he was at his desk, focused on public grievances and that his sheer brilliance, dedication and hard work, led him to become a Supreme Court judge. Justice Savant recalled how Justice PB Sawant was always concerned about Consumer Cooperative Societies, Trade Unions, Dalits and the underprivileged. Finally, Justice Arvind said that the late legal luminary left an indelible mark on whatever field he worked in.

Justice Ajit Prakash Shah, former Chief Justice of the Delhi High Court and the former Chairman of the 20th Law Commission of India noted that Justice Sawant always sought justice-oriented solutions, and had a good sense of humour. He opined that it was India’s great loss to not have him become the Chief Justice of India. “His liberal and activist views about the underprivileged might have worked against his elevation at the Supreme court”, he opined. Two most important contributions of Justice Sawant was in his participation in the probe into corruption allegations against former Supreme Court judge, Ramaswamy and also the Concerned Citizens Tribunal Report—Crimes Against Humanity, Gujarat 2002.  More than one speaker referred to the criticality of the Gujarat 2002 tribunal report. Justice Sawant’s espousal of the need for media independence and autonomy was also a significant contribution, said Justice Shah,

He further added that Justice Sawant recognised media rights as significant rights for protection of civil liberties. His post retirement work was an extension of his judicial career meant to uphold democratic ideas. Justice Shah, very passionately added, “Justice Sawant was the modern torch bearer of the satyashodhak parampara. The beliefs espoused by Jyotiba Phule and BR Ambedkar. His work and beliefs should inspire every High Court and Supreme Court Judge….He was a voice of conscience.”

Kumar Ketkar, a journalist, eminent writer and currently member of the Rajya Sabha, who was also part of the evening’s memorial, found Justice Sawant to be an extremely fearless man, as a judge as well as a lawyer. He also felt sorry for the dilution of media integrity. “A completely selfless man, he was convinced about the idea of justice”, said Ketkar.

Senior Advocate Aspi Chinoy celebrated Justice Sawant as a man, with a very strong social and political conscience, coupled with clarity of thought and a forthrightness which we all lack in today’s times. Chinoy stated that Justice Sawant’s career as a Supreme Court judge spanned a decade of law and that his personal growth increased after retiring. He highlighted the Elgar parishad event and saluted his courage to be part of a cause like this, and to sponsor the entire event along with Justice Kolse Patil.

Senior Advocate Chander Uday Singh, praised Justice Sawant for his erudite handling of legal, technical issues of each case while grounding his judgements in fundamental principles of the law. Justice Sawant had a knack of getting straight to the core of a case (problem) and finding solutions for it. “He had a great talent of writing judgments, he could reach the core of the matter, find solutions and then articulate all this; something which is a rare art and reflected in all his judgments,” said CU Singh.

He particularly elaborated on two significant judgements that significantly impacted for years the rights of workers and labour law: one was the 1982 HC Bombay Maharashtra Private Security Guards Act challenge (Justice PB Sawant), Tradesvel Security Services Pvt.v/s State Of Maharashtra delivered on November 2, 1982 ( Equivalent citations: (1982) 84 BOMLR 608). This judgement got the stamp of approval of the Supreme Court for decades and again in 2014. The second is the case of Blaze Advertising (Industrial Disputes Act) (under the Maharashtra Recognition of Trade Union and Unfair Labour Practices Act) where, in 1985, apart from laying down the law and a reading of the act, Justice PB Sawant held significantly that when protesting workmen utter slogans like “Maalik chor hai” etc in slogans they are not doing so as a form of abuse but are decrying the stealing of their rights by the owners. Senior counsel CU Singh commended the fact that even this judgement of a single bench of Justice PB Sawant held sway until a division bench of the Supreme Court reversed it in 2016.

Calling Justice PB Sawant the “live portrait/picture of a saint”, Justice BG Kolse Patil, former judge of the Bombay High Court, said that India would have benefited to have Justice Sawant as the Chief Justice of India, who never compromised with his ethics, principles, and commitments. Justice Kolse Patil was Justice Sawant’s lieutenant in a sense, they launched the land rights movement together in Maharashtra as also were co-sponsors of the December 2017 Elgar Parishad at Shaniwardada in Pune. Justice Kolse Patil was emotional when he spoke of the great personal loss that Justice Sawant had caused him and the wider movement for democratic rights.

Senior educationist Dr. Bhalchandra Mungekar, called Justice Sawant a “moral authority”, who has left us at a turbulent time given the socio-political environment of India. “He was a genuine social thinker whose defining attributes were courage, conviction and compassion”, added Dr. Mungekar. He also revealed that during the time Justice Sawant served as the Chairman of the Press Council of India, it was the golden period of upholding civil liberties. He hated poverty, injustice, pompousness and was so proud of Dr. Ambedkar and what he did for the nation.

Senior Advocate Mihir Desai highlighted how his judgment related to the Workmen’s Compensation Act and the final amount of compensation to be provided to workers showed his compassion for the working class. Further, Desai highlighted the Elgar Parishad event not just as a Parishad but as a gathering of 250 Dalit organisations that come together every year in Maharashtra, to assert their rights as Dalits. “He showed compassion at the ground level”, said Mihir. He was a rare judge who was willing to work among the people, said Desai.

Senior social worker Baba Adhav graced us all with his presence and said at the outset, “will not offer my condolences on his birthday. I will celebrate how he was a Satyashodhak (seeker of truth) and Samvidhanwadi (stood by the Constitution). He further revealed how Justice Sawant, in his last days, was pained by the recent attacks on the Constitution by fascist elements. Baba Adhav reiterated the humanist side of Justice Sawant, his understanding towards people’s grievances and paid respect to his idea of having a temple dedicated to the Constitution in every village of Maharashtra to honour the Constitution of India.

Senior Advocate Mohanrao Patil said that Justice Sawant voluntarily decided to work for the peasant and labour party for a minimum amount of remuneration even before he joined the Bae. Celebrating his commitment, Patil said, “Justice Sawant’s end goal was to administer justice or make sure that justice is served. This concern on his part was more intensified after his retirement as a judge. Instead of leading a peaceful retired life, he was involved with social causes, and this he did till the very end of his life.”

Senior Educationist and Executive Principal of Shankarrao Chavan Law school Bhausaheb Jhadav, stated how retired Justice Sawant was happy about the moot competition that was started in the law school after his name in 2013. He also revealed how Justice PB Sawant encouraged students from rural backgrounds to join such competitions for their overall development.

Citizens for Justice and Peace Secretary, Teesta Setalvad recalled regular phone calls from Justice Sawant to her , when he would ask, “Where are you and how are you?”. He followed CJP’s work closely especially related to minority rights, the land rights of Adivasis and forest dwellers as also the huge citizenship driven humanitarian crisis in Assam. She continued, “He had an unwavering faith, and always said that we must reach out to people. He kept asking questions, seeking answers and building bridges. A man deeply worried about India’s state and society, and the breakdown of institutions, Setalvad added that Justice Sawant’s work needs to be read, his words need to be heard, and his life needs to be celebrated. She said that he had inspired over 75 meetings and tribunals that the two had worked on closely together and constantly advised that we step up our outreach using various methods like podcasts, meetings, etc. She also paid her respects to his wife, Jayshree Sawant for her undying support and love. Justice Sawant was a people’s man and a just judge, said Setalvad.

“In 2004, then 2010 when the first set of false and malicious cases began to pile up against me, he was instrumental in heading the Committee in defence of me and other activists fighting for justice for the Victims of the Gujarat 2002 Pogrom,” explained Setalvad. “The three weeks spent with him in Gujarat as we criss-crossed districts, Ahemdabad, Godhra, Vadodara, Ankleshwar, Sabarkantha and the months thereafter completing the Concerned Citizens Tribunal Report, (CCT) Crimes Against Humanity report –of which I was a Convenor–were a Master Class in human rights and legal Education: our best minds, Jus PB Sawant, Justice Hosbet Suresh, KG Kannabiran and of course Sone Pe Suhaga (the icing on the cake), Justice VR Krishna Iyer. Justice PB Sawant’s masterpiece was the 4,500 word Secularism and the Constitution that finds place in Volume II of the report. Both he and Justice Suresh were in the UPA years that followed our spearheading vanguard in attempting to get a Prevention of Targeted and Communal Violence Law passed: a project aborted because of lack of political will and courage,” she added. .

Lastly, in a truly heart-warming moment, Justice Sawant’s only granddaughter Gavati Wad spoke on behalf of her and his five grandsons of Justice Sawant calling him “versatile, liberal, and open-minded.” Despite his mountainous personality, she said that he made everyone feel at home and taught them the virtues of discipline, patience and love. She quoted him saying, “The conclusion I have come to in life is humanism. Nothing else matters but humanism. You have to be human and rational in dealing with anything.”

A Video in Tribute and an audio visual by the family were also shown.

The You Tube of the Memorial meeting may be viewed here:

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The post Justice PB Sawant: A strong voice a social & political conscience appeared first on SabrangIndia.

“The preventive detention law by its very nature has always posed a challenge before the courts in a democratic society such as ours to reconcile the liberty of the individual with the allegedly threatened interests of the society and the security of the State particularly during times of peace. It is as much a deprivation of liberty of an individual as the punitive detention. The risk to the liberty of the individual under our detention law as it exists is all the more aggravated because the authority entrusted with the power to detain is not directly accountable to the legislature and the people.”

____Justice PB Sawant

The above was an observation made by Justice Parshuram Babaram Sawant in the Alka Subhash Gadia case in 1992. His words proved prophetic as years later, scores of activists were detained, arrested, summoned, when they stood up for human rights, or raised their voices against Laws such as the Citizenship (Amendement) Act.

On June 30 2021, the Retired Supreme Court Judge PB Sawant, would have marked his 91st birthday, and in all probability would have been writing his column, and commenting on the current social political scenario, where minorities, women, dalits, migrant labourers, tribals, continue to face both harassment and state apathy. He passed away in his Pune home on February 15 this year, leaving behind many who mourn his passing, but also continue to celebrate the legacy of fairplay, bravery, kindness, and empathy that he has left behind.

In the courtroom Justice Sawant ensured social, political justice for all. After retirement he continued to speak up for those who could not.  “Equality postulates not merely legal equality but also real equality…  equality of opportunity has to be distinguished from the equality of results” is not merely one of his most memorable quotes, it is a life mantra. 

Born in 1930, he obtained an LLB from Mumbai University and started practicing in the Bombay High Court, often representing labourers and farmers early on. He was inspired by Dr. BR Ambedkar and Jyotiba Phule, and strived to empower the most oppressed and marginalised sections. He retired in 1995, but remained active in public life.

Justice Sawant authored three books: Mass Media in Contemporary Society (1998), Advertising Law and Ethics (2002) and A Grammar of Democracy (2013). The titles are self explanatory, and in the scores of opinions and other writings that he authored. Justice Sawant always underlined the rights of the citizens, especially the marginalised.

As written by Teesta Setalvad in her column in Indian Express soon after his passing, “His unwavering clarity and commitment to deepening democracy at the grassroots was a passion for this jurist and also led him to be recognised for verdicts of depth and calibre. Be it the Mandal verdict or the famed S R Bommai judgment — these ironically could be counted among the least cited verdicts of the highest court in the land — both displayed an understanding of Indian state and society that was real and rooted.”

Here are some of the landmark observations made by Justice Sawant, the champion of secularism, citizenship, equality, and human rights for all. 

The S.R Bommai case (1994) 

“The States have an independent constitutional existence and they have as important a role to play in the political, social, educational and cultural life of the people as the Union. They are neither satellites nor agents of the Centre. The fact that during emergency and in certain other eventualities their powers are overridden or invaded by the Centre is not destructive of the essential federal nature of our Constitution. The invasion of power in such circumstances is not a normal feature of the Constitution. They are exceptions and have to be resorted to only occasionally to meet the exigencies of the special situations. The exceptions are not a rule,” said Justice Sawant, he was a part of a Bench that held secularism as part of the basic structure of the Constitution. It was in March 1994 that the Supreme Court delivered a nine member verdict, known in popular legalese as S.R. Bommai vs Union of India (Supreme Court Cases (SCC), 1994, Volume 3).

The SR Bommai vs Union of India, March 1994 judgement heralded for its endorsement of Indian federalism, is also a sharp and biting commentary on inroads of religion into politics and safeguards Indian secularism. Bommai‘s promise of fair federal play, the judgment’s mandate for secularism, and for action against parties and State governments violating the constitutional philosophy that prohibits the mixing up of religion and politics. This judgement is yet to be acted upon.

Elgar Parishad and Bhima Koregaon

Even as scores activists were being questioned by investigation agencies, in the Bhima Koregaon investigations, Justice Sawant publicly said it was he and Justice Kolse-Patil who were the main organisers and sole funders of the Elgar Parishad conclave held on December 31, 2017 in Pune. This declaration came in the wake of the National Investigation Agency’s claims it was the activists’ fiery speeches that precipitated the violence at Bhima Koregaon the following day on January 1, 2018. Sawant, one of the senior most jurists of the country, had told CJP secretary and human rights defender Teesta Setalvad in an exclusive interview  in 2018, “The right-wing forces do not accept our present Constitution. They believe neither in democracy, nor socialism nor secularism.” He explained how the two sets of raids on activists and dissenting voices are a part of a wider RSS agenda to replace the Constitution with the Manusmriti and further their supremacist agenda. He had said that the nationwide arrests of activists was a “ploy” to divert attention from a huge Hindutva terror plot. He had put on record that the Parshad had not been funded by Maoists and had no Naxal links. Most of the activists arrested in the case remain behind bars. 

Justice Sawant and the news media

Justice Sawant had served as chairman of the Press Council of India and in his tenure there made one of the biggest observations about the media, cautioning against corporate ownership of the media, and media running instant exit polls. These two points continue to be contentious, especially in the current political scenario, where terms like ‘godi media’ are used to describe journalists acting as pro-government reporters. Justice Sawant had opined that publication of exit polls be restricted till the last vote was cast. His words were a warning of how the media can be used or manipulated.  

The Press Council of India opined, “Newspapers should not allow their forum to be used for distortions and manipulations of the elections and should not allow themselves to be exploited by the interested parties.” It noted that where polls are on staggered dates, “Media is seen to carry exit-poll surveys of the polls already held. This is likely to influence the voters where the polling is yet to commence”. It stated that “it is necessary that the media does not publish the exit-poll surveys till the last polls are held.” The Press Council then issued a detailed media guideline in respect of the exit-polls, as well as one for journalists covering financial matters.

Abrogation of Article 370 is illegal

“Abrogation of Article 370 is illegal,” he himself wrote in his opinion column in The Indian Express on  September 27, 2019.  He wrote, “We should realise that with all the leaders of the Kashmiris under house arrest, the communications closed, seething discontent of the people fermenting every hour, the people of Kashmir cannot be suppressed with force for long. Both history and common sense dictate against it… There is still a scope for an amicable political settlement, by which the affection of the Kashmiris can be won. For this, however, our government has to shed its macho image and come out with realistic measures to win the confidence and trust of the Kashmiris.” His prophetic words are recalled after the Prime Minister  Narendra Modi held a 3-hour meeting with these very leaders of Jammu and Kashmir, aimed at removing “Dilli ki Doori as well as Dil Ki Doori”.  

There are many, many such observations made by Justice Sawant, which should make for mandatory reading in schools and colleges across India so generations of citizens can understand both secularism and the Constitution.

Citizens for Justice and Peace (CJP) will join Justice Sawant’s family in organising a memorial to the legal luminary and humanitarian. You too can join his friends, colleagues, students and journalists in celebrating the life of Justice PB Sawant on June 30, 2021. Register here:

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Kabir was born to a Muslim family of weavers in Varanasi, India in 1398. He had denounced orthodoxy of both the Islam and Hinduism and was highly critical of blind faith and the brutal caste system within the Hindu society. He grew up as a poet whose body of work had also inspired Sikh gurus who included his verses in their holy scriptures of Guru Granth Sahib.  

Some of his poems were no less than a war cry that inspired many radicals to take to the arms to fight against injustice and repression. He mainly stood for the poor and marginalised that incited the Hindu and Muslim clergy to team up against him and provoke the then-Delhi emperor Sikandar Lodi to punish him. However, Kabir survived several attempts by Lodi to get him executed. This was primarily because he had a huge following even among those who worked for the king.  

Ironically, his birthplace is now the constituency of the Prime Minister Narendra Modi whose actions are allegedly the mirror image of Lodi. Not only the attacks on religious minorities and political dissidents have grown under his ruling Hindutva nationalist BJP government, the Hindutva orthodoxy that Kabir had challenged has captured the centre stage of Indian politics.  

Rather Modi has been trying to appropriate Kabir. On Thursday, while paying tribute to the saint on his birth anniversary, Modi said that the path shown by him will continue to inspire generations to move ahead with brotherhood and goodwill. What could be more contradictory than someone like Modi saying it when his government has locked up scholars who have been standing up for the underdog following in the footsteps of Kabir. The list is long, but just a few instances are enough to suggest that he has no moral right to even talk about Kabir.  

Anand Teltumbde, the grandson-in-law of Dr. B.R. Ambedkar, a towering social justice activist and the architect of the Indian constitution whose family is believed to have been influenced by Kabir, is being incarcerated for the past one year on trumped up charges for merely questioning the power. Teltumbde is a renowned writer and columnist who exactly practiced what Kabir had preached.    

Likewise, Prof. G.N. Saibaba, a former Delhi University who is disabled below the waist continues to be jailed under inhuman conditions for raising his voice against repression of minorities and the poor. An elderly revolutionary poet Vara Vara Rao too is detained to silence any voice of reason and dissent.

Maybe, we need to remind Modi that it was Kabir who had said; “The brave is the one who fights for the oppressed.” By persecuting Teltumbde, Saibaba, Rao and many more like them, Modi is simply repeating what Lodi did centuries ago.  

Related:

Kashi ka Kabir
Remembering Kazi Nazrul Islam: Syncretic secularism in face of a communal divide

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“Community” has always been at the core of Adivasi identity, said Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) Jharkhand coordinator Gurjeet Singh on November 15, 2020 the 145th birth anniversary of Adivasi freedom fighter Birsa Munda and the twentieth anniversary of the creation of the state of Jharkhand, at the Memorial Trust office in Putki area of Dhanbad district.

On Sunday, that was also celebrated as the Jharkhand foundation day, Singh said talked about tribal beliefs and sentiments that helped people retain their land and ownership rights.

Following proper rituals and a warm welcome from Memorial Trust President Bagi, his wife Meena Bagi and Secretary Baleshwar Bauri, Singh remembered the Adivasi movement led by Birsa Munda that led to the creation of the Chhota Nagpur Tenancy Act that prohibited the transfer of tribal land to non-tribal people.

“Adivasis bestow the title of ‘mother’ to their land and believe that no one can hold ownership over their Mother. As a result, they did not believe in documenting a proof of their land. This led to the movement inspired by their eviction from ancestral land that ultimately gave them land, water and forest rights,” he said.

Speaking about Adivasis’ community sentiment, Singh said that Adivasis assumed equal land ownership rights to humans, birds, animals alike. Further Adivasis have always considered the water, jungle and land of Birsa Munda, a part of their heritage just as they consider cleanliness a traditional heritage.

“This priority to sanitation is the reason that not a single Adivasi has suffered from the coronavirus pandemic,” he said.

Birsa Munda was affectionately remembered as “Dharti Aaba” (Father of Earth) for his dedication to a healthy Adivasi community. Singh stated that Jharkhand could not become a truly independent state until Birsa Munda’s hope to reform the Adivasi community free of the belief of witchcraft came to fruition.

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The post Jharkhand Adivasis celebrate Birsa Munda Jayanti on Jharkhand formation day appeared first on SabrangIndia.

On the 300th birth anniversary of Bhai Taru Singh, Prime Minister Narendra Modi took to twitter to recall the sacrifice he made in 1745.  

Singh was arrested and tortured at the behest of a tyrant Mughal governor Zakaria Khan. He was punished for supporting the Sikh warriors who were fighting against repression and religious persecution. He had refused to convert to Islam to save his life and faced death with courage.  

Modi is the leader of the ruling right-wing Hindutva nationalist Bharatiya Janata Party (BJP) which is known for its anti-minority stance. The attacks on religious minorities, particularly Muslims have grown in India ever since Modi became the Prime Minister in 2014. And yet, he had a cheek to go on twitter to pay respect to Bhai Taru Singh stating, “His name will always be synonymous with courage and fearlessness. Always proud of his culture as well as ethos, he never bowed to injustice. He continues to inspire millions.” 

Considering his track record of persecuting Muslims, besides other minorities and suppressing any voice of dissent by throwing his opponents in jails using draconian laws, such a statement sounds hollow and meaningless.  It only reflects how Modi and his BJP are obsessed with their one-sided view of Sikh history, which they have tried to appropriate to demonise Muslims, whereas Sikhism was born in response to caste-based oppression in Hinduism and state violence of Mughal regime. 

The Sikh gurus and warriors did not only stand up against Islamist rule, but also the systemic violence of Hindu priest class on so called untouchables. This humanist aspect of Sikhism cannot be overlooked. Rather, the BJP has a tendency to portray Sikhs as part of the Hindu fold, something which is vehemently contested by the Sikhs who have well founded fears of assimilation in a Hindu dominated country.   

If Modi really cares for the ethos of Bhai Taru Singh, he must revoke oppressive laws, release political prisoners and stop terrorising Muslims. He has no moral right to celebrate the legacy of a religion that preaches secularism and teaches its followers to raise voices against injustice in any form. We cannot let bigots appropriate the legacy of Sikh martyrs whose fight wasn’t against Islam, but theocracy of Islamist rulers which ironically is being repeated by Modi and company. Bhai Taru Singh would have resisted what is being done to the Muslims in India today because that is what the founder of the Sikh faith Guru Nanak had taught.

*The opinions expressed in this blog are the author’s own.

More by Gurpreet Singh:

Acquittal of Babri accused, gang rape of UP Dalit woman are interlinked; have roots in the history

Rejection of Extremist Doctrine by Indian Muslims Results from Extraordinarily Pluralistic Culture of India

Nothing humanitarian behind sham clemency to Sikh prisoners

The post Modi must not be allowed to appropriate Bhai Taru Singh appeared first on SabrangIndia.

Bhagat Singh was a towering revolutionary who fought against the British occupation of India and stood for an egalitarian and just society. He strongly believed in secularism and vowed to continue his struggle until human exploitation ends. He had predicted that once the British left, the power would come into the hands of the native ruling classes and therefore emphasised on continuing the battle until a classless society was established to ensure emancipation of the oppressed.  

His prophecy was proven right after the transfer of power in 1947 and today; the repression has grown under an outright Hindutva fascist government.  

Not only the attacks on religious minorities and political dissidents have sharpened than before, but the rights of the farmers who are the backbone of Indian economy are being stripped in the name of development. The government has brought an ordinance that badly affects the future of the rural communities without any consultation with the farmers as a result of which the people have come out on the streets in India.  

The rally that was organised in solidarity with the agitating farmers began with a moment of silence for Swami Agnivesh, a prominent social justice activist who passed away recently. Agnivesh, who was a progressive Hindu reformer, always stood for the minorities and the oppressed communities. He was viciously assaulted by the supporters of Hindu Right in 2018. IAPI had organised a rally in his support back then. His picture was displayed next to that of Bhagat Singh on the occasion.  

The speakers unanimously denounced the policies of the Modi government. Among them were the IAPI members Rakesh Kumar, Tejinder Sharma, Harbir Rathi, Amrit Diwana, Sarabjit Baaj and Gurpreet Singh.  

Others who spoke at the event were Inderjit Singh Bains from Baba Banda Singh Bahadur Society, independent Sikh activists Kulwinder Singh and Surjit Singh Gosal and leftist activists Parminder Swaich, Rawait Singh, Joseph Theriault and Ryan Abbott.  

While Theriault is associated with the Communist Party (Marxist Leninist), Abbott is with the Communist Party of Canada and is running for the BC Legislature from Surrey-Whalley.  

The participants raised slogans against the Indian state and resolved to continue their fight against injustice.  

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The post Rally in Canada against fascism and attacks on the rights of famers in India appeared first on SabrangIndia.

Born as Dhanpat Rai in British India, he was forced to adopt an immortal name after his collection of short stories was seized by the authorities who found them to be seditious. These stories reflect the struggle of the working class and the oppressed groups under British occupied India and highlighted the freedom movement, which were provocative enough for the foreign rulers. By all standards, it was an assault on free expression. One such collection, translated in Punjabi, bears the title that reads Munshi Premchand’s stories that were confiscated by the British.   

Apart from focussing on the liberation struggle, Premchand, who was among the founding fathers of progressive literature, showcased the richness of pluralist culture of India through his novels and short fiction.  

His work has become even more relevant today under a right wing Hindutva nationalist government led by Prime Minister Narendra Modi. Ever since he came to power in 2014, attacks on religious minorities and political dissidents have grown. So much so, the authors and scholars are being frequently detained and thrown in jails for questioning the power.  

Ironically, Modi is a Member of Parliament from Varanasi, the birthplace of Premchand. It is not surprising to see how he is trying to appropriate the late writer who continues to dominate the literary landscape of the country. Last year, he went to the extent of claiming that he was deeply touched by the stories of Premchand in his radio address to the nation.         

If Modi really means what he says then he should start releasing all the scholars and intellectuals who have been detained by his government for questioning the power. Among them is an 81-year-old revolutionary poet Varavara Rao, who was hit by Covid-19 in jail and a Delhi University Professor GN Saibaba, who is disabled below the waist. The list is long and includes published authors, like Anand Teltumbde and Gautam Navlakha. These individuals were arrested on trumped up charges for merely raising voices for the poor and marginalised.  

Also, Modi’s ideology completely contradicts that of Premchand. Whereas Modi wants to transform India into Hindu theocracy, Premchand’s work stands for an inclusive and tolerant society.  

Modi government is behaving no differently than the British rulers who had seized the short stories of Premchand to crush resistance. If he cannot do this, then he should at least stop lying about his feelings in public.  

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The post If Premchand has really touched Modi, why are so many scholars rotting in jails? appeared first on SabrangIndia.

Today India proudly celebrates the 129th birth anniversary of one of its greatest icons of all time, Dr Baba Saheb Ambedkar. For millions, Dr Ambedkar is not merely a political head or a leader, but part of their daily lives, the first name that they utter when they wake up in the morning and before going to sleep at night. Such has been his impact in our socio-cultural-political life, that those who opposed him and can never really follow his words and philosophy, are today actually trying to portray them ‘better’ Ambedkarites.

No other political figure or social icon has touched lives of Indians as powerfully as Baba Saheb Ambedkar has, and therefore this will be for the first time when people are compelled to stay indoors under the compelling circumstances. Otherwise the crowds that throng to various places in India particularly at the Parliament Street, are worth watching. It is a cultural event when you will find books, literature, music and everything which can describe an Ambedkar Samaj, as my respected friend late N G Uke used to say.

So, this year is unusual as people will not be able to pay their floral tribute to Baba Saheb Ambedkar at the parliament House but thanks to technology Ambedkarites are defining new ways to remember him. As I said, frankly, in the lives of millions of people, Dr Ambedkar is very much alive in their heart, in their home and in their memory. The fact is that Dr Ambedkar grew in stature and popularity every year and even in these dark times, it his thoughts and courage of convictions that inspire us to move forward. We cannot ignore the vital factor that during the anti CAA protests, student protests and all the protests for the rights of the people, the Constitution became the most powerful instrument of solidarity and unity of the people of India. I don’t think in any part of the world, people are so attached to a Constitution that they used it so powerfully symbolically in their protests. 

When the protests were at the peak, we saw the carefully orchestrated violence in Delhi resulting in the deaths of so many people and systematic looting and damaging of property of the Muslims in particular. And now we have the lock-down due to Corona. Unfortunately, those who have blood on their hands, want to give a ‘conspiracy’ angle to every event and therefore converting the whole failure of the system of governance into an artificial villain. Fake news is being produced and spread everywhere, threatening to blow the very edifice of our social political and cultural space. The idea of India as espoused by our constitutional forefathers and defined by Dr Baba Saheb Ambedkar, is under the grave threat and therefore we need to be cautious and alert to defend it at any cost.

The world is facing this huge crisis to its order. Obviously, this is a man-made crisis. Our life style, our rabid exploitation of nature and bio-diversity, everything is retaliating. It is a warning to all of us to mend our ways. It is an opportunity for all of us to build a new society based on the principals of equality and fraternity as Baba Saheb Ambedkar wanted, a Prabudhdh Bharat i.e enlightened India.

World over, crisis is an opportunity. Look at the speech delivered by Boris Johnson where he mentions the names of two nurses from New Zealand and Portugal who served him so well through the National Health Services of UK. We know this National Health Service has more than 40% immigrant workers who have dedicated their lives for the protection of the people. Today, UK is more united to face the Coronavirus pandemic and thanks to National Health Services, people are realizing its importance and accepting the role played by the immigrants there. A number of very senior doctors originally hailing from Africa and Asia particularly Bangladesh, Pakistan and India laid down their life in protecting people and fighting against Corona but unfortunately in India Corona was communalized and Muslims were targeted. Sadly, the role of Indian media has been terrible and absolutely racist and reactionary in this regard. It is not merely the dirty tricks but it created frenzy where the poor face the worst ostracisation. Reports are coming in that the upper caste people who are quarantined at some facilities in various places have refused to eat food cooked by Dalit cooks.  There are still prejudices prevailing in the society. We were never divided that much as we stand today.

While we do understand the importance of unity in these trying times, how is it possible without a show of gesture by the so-called dominant forces? How will there be unity when people face caste-based discrimination and the food is not taken? How will we have unity when the fake whatsapp messages are being delivered and created to vilify communities and people.

The Corona crisis has exposed the hollowness of those who seek ‘divine’ intervention for everything. It has exposed the hollowness of the religious groups who can only work as charities now, as it is the medical science which will do the needful. And when we see doctors of diverse faith and ethnicities working overnight and breaking the walls of prejudices to serve the people, it is time, the politicians too understand that.  The role of media in these critical times is not merely to report ‘positive’ stories which they must but also report the gaps, the discrimination and the issues of the medical fraternity. Media should also expose the corruption as the crises are the best period for many to mint money as this is an ‘opportunity’ for those.  Media can’t just remain the public relations broadcaster of the ruling party. If that is the case then all the shops must be shut and let Doordarshan and All India Radio do the work because even today they are far superior to those shouting brigades which are creating hatred and panic.

It is in this regard, we feel disturbed that the Uttar Pradesh police filed cases against Mr Siddhartha Vardarajan, founder Editor of The Wire, one of the finest online news portals. When the ‘manustream’ media surrendered, it is portals like The Wire that provided us hope about news. We may agree and may not agree with everything that the Wire publishes, but I don’t think a tweet posted by Vardrajan deserve a police intimidation and FIR. If he misquoted chief minister, I am sure, CM’s office could have written the rejoinder and if he had not published, they could have gone to the Press Council or even to the court. Filing of criminal cases is nothing but an intimidating exercise. We hope the courts will take cognizance of this and trash the FIR.

The other dangerous thing is the attempt to frame Dr Anand Teltumbde, one of the most respected scholars of our time. Again, one may or may not agree with his view points, but none can ever doubt his integrity. He is a scholar and not a gunman that the intelligence is trying to project. If the independent voices are arrested and framed then there is no way out. Though Anand is related to Dr Baba Saheb Ambedkar, he never ever used this in his writings and public life. He is a thoroughly independent person whose critical analysis is respected by his opponents too. When we celebrate Dr Ambedkar’s birthday, it will be the supreme irony that a leading scholar of our country will be surrendering in the court as all his efforts to get bail got rejected. We have read his daughter’s article with deep anguish and pain about their parents’ mental agony.

Today, Anand wrote an appeal to the nation as he knows despite his convictions, he is now feeling deeply dejected and hopeless. A person of his repute and conviction when face such crisis which was unimaginable for him and his colleague, can face such. It was ironical that Supreme Court was releasing many others due to Corona threat but Anand at 65 is being jailed. It is so sad that when everything in the country is locked down, the police and security agencies are still finding time to shut down the voices of dissent.

Dr Baba Saheb Ambedkar was the biggest dissenter of his time. Today, the Hindutva brigade too is shouting ‘Jai Bheem’. Today, the prime minister will pay his ‘tribute’ to Dr Ambedkar. Respecting Dr Ambedkar is respecting Indian constitution and demolition of caste system. Respecting Dr Ambedkar means respecting dissent as he often quoted Voltaire. He said that India need Voltaire who can speak with conviction. If the government is serious about respecting Dr Ambedkar, it must adhere to directive principles of Constitution, strengthen our public sector, engage in constructive dialogue with all political forces in the country, not consider dissent as being anti-national or anti constitution and respect India’s minority’s rights.

For all those who are celebrating Ambedkar Jayanti, I would request to stay in but not keep silent. Speak up against wrongs. Stand up against superstitions and caste discrimination. A true Ambedkarite will never remain silent against injustice as without dealing with gross violation of human rights, you can’t build a humane society with fraternity.  Respect for all those who are working round the clock for the well-being of the people. Let us respect doctors, health workers, sanitation workers and other officials, civil society organisations, community workers are working day in and out to protect us. Wish all good health and protection and hope that this Ambedkar Jayanti will give us new thought to rebuild our society based on love and affection, on equality of human being without any discrimination. Let us celebrate the life of Dr Ambedkar by following his ideals and acting on them.

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