Today, four years after he physically left this earth, what does Stan Swamy mean to the legion of his admirers, his followers, those who were inspired by him and particularly, those for whom he gave his life for…He meant and continues to mean different things, to different sections of society. Stan epitomised human values at their best and radiated them in his non-negotiable commitment for a more just, equitable, fraternal and humane world!

One needs to take a cue from Stan Swamy’s words just before his arrest on October 8, 2020. In a video-message which went viral he said, “over the last two decades, I have identified myself with the Adivasi people and their struggle for a life of dignity and self-respect… In this process, I have clearly expressed my dissent over several policies and laws enacted by the government in the light of the Indian Constitution. I have questioned the validity, legality and justness of several steps taken by the government and the ruling class. If this makes me a ‘deshdrohi’, then so be it. We are part of the process. In a way I am happy to be part of this process. I am not a silent spectator, but part of the game and ready to pay the price whatever be it…. I/we must be ready to face the consequences. I would just add that what is happening to me is not unique. Many activists, lawyers, writers, journalists, student leaders, poets, intellectuals and others who stand for the rights of Adivasis, Dalits and the marginalised and express their dissent to the ruling powers of the country, are being targeted. Grateful to all who have stood in solidarity with me all these years.”

These words give us a very powerful insight into Stan Swamy – the Person, the Pilgrim, the Prophet

Stan, the Person:

One would need to write volumes on Stan the person. He was a human par excellence! All through his life he radiated compassion and concern for the other! He was selfless to the core! His focus was always ‘his people’; an approach which was people-centric: a much-needed value in today’s world! He lived among the people – the poor, the Adivasis. He ate their food, sang their songs and danced with them. His life was extremely simple, to the point of frugality! He lived his vow of poverty to the fullest and in a most edifying manner; his material needs were few; his actual possessions were even less. The media had a field day, when the ‘authorities’ came to ‘seize’ his possessions from his room in Bagaicha where he lived till his arrest! They got almost nothing- which of course, made them a pathetic laughing stock! In his early days, Stan was a trainer, mentor, guide – inspiring hundreds of youth and others through social awareness programmes and to critically analyse what was happening in society; there are many today, from across the board, who are and will always be grateful for the profound impact he left on their lives. Several of them today have a social concern only because they were inspired by him. For Stan, his heroes and motivators were the likes of Paolo Freire, Dom Helder Camara and Fr Pedro Arrupe. He read profusely and also wrote a lot.  Vatican II and the faith -justice mandate which emerged from the 32^nd General Congregation of the Jesuits, greatly shaped Stan’s way of proceeding: his thinking and his actions. Like Jesus his Master, he questioned and taught others to question, to be visible and vocal, to challenge all that is wrong and unjust in society and to respond constructively and positively to these issues. When he was imprisoned in Taloja jail, he wrote, “on the other hand, we sixteen co-accused (in the Bhima-Koregaon conspiracy case) have not been able to meet each other, as we are lodged in different jails or different ‘circles’ within the same jail but we will still sing in chorus, a caged bird can still sing.” Yes, Fr Stan Swamy was convinced that a caged bird could sing because he was a complete person who epitomised and radiated the best of human values! One rarely, sees such a person today!

Stan, the Pilgrim:

Pilgrims are those who walk, who walk with others, who walk the talk- they have a clear focus on their destination. They know where they are going and for what. Like St. Ignatius (the Founder of the Society of Jesus, Stan was a Jesuit)), he was a pilgrim in the true sense of the word. He believed in movements: people on the move, just like in the Biblical ‘Exodus’: the struggles of the ‘people of God’ for a more just, equitable, dignified and humane life.  He identified himself with and participated in peoples’ movements. Stan left no stone unturned to ensure the Kingdom of God on earth belonged to all (particularly the sub-alterns) and that all would be together around the table of fellowship. For him that ‘kingdom’ was ‘kinship’- the readiness (attitude and action) to serve others with love! ‘Fratelli Tutti’ (Brothers and Sisters All) as Pope Francis reminds us in his Encyclical. Like a true pilgrim, he lived a frugal life, unencumbered with baggage. His room in Bagaicha (now made into a Stan Memorial Museum), had the barest necessities; it bore witness to the life of a man on the move – a real pilgrim. Stan did all he could to empower the Adivasis. He accompanied them in their struggles and showed them the way to a better future! Stan’s life as a pilgrim should be a motivating factor today for all to get out of one’s comfort zones, institutionalised lifestyles and cosmetic band-aid approaches, which reek of tokenism and opportunism, and to be attune to the grim realities which the ordinary, poor people face today! In a world which is divided and fragmented Stan is a beacon: a pilgrim of hope! 

Stan, the Prophet:

A prophet whilst announcing the good news, must denounce all that is wrong, unjust and evil in society. One needs to take an unequivocal stand; to be visible and vocal. Stan, as an authentic disciple of Jesus, truly feared no one! He also shunned the hypocrites! He joined the Adivasis, the Dalits, other sub-alterns and civil society members, in the struggles against the violation of laws in acquiring land for mega projects for mining (coal mining is rampant in Jharkhand and in other tribal areas today) and infrastructural development which flout the rights of the downtrodden and tribals. He took a stand against the wanton destruction of the ‘jal, jungle, jameen’ of the Adivasis. He consistently raised his voice in democratic, legitimate ways against the state-sponsored violations of laws and the assault on the democratic rights of people, aimed at paving way for unrestricted exploitation of land and natural resources. He questioned the non-implementation of the 5th Schedule of the Constitution why the Panchayats (Extension to Scheduled Areas) Act [PESA], was being ignored. He strongly expressed his disappointment at the silence of the Government on the landmark 1997 Samantha Judgment of the Supreme Court; he spoke out strongly against the half-hearted action of the Government on the ‘Forest Rights Act, 2006’. He expressed his apprehensions at the Amendment to ‘Land Acquisition Act 2013’ by the Jharkhand government which was a death-knell for the Adivasi Community. He strongly disagreed with the setting up of ‘Land Banks’ which he saw as a calculated plot to annihilate the Adivasis. Through the ‘Persecuted Prisoners’ Solidarity Committee’ he challenged the indiscriminate arrest of three thousand young Adivasis under the label of ‘naxals’ just because they questioned and resisted unjust land-alienation and displacement. Because of all this and more he made enemies- from among the powerful and vested interests; those who felt that he was a thorn in their flesh. He minced no words when he challenged his own, to stop over-institutionalisation, to stop catering to the privileged and elite sections of society (who have plenty of other possibilities and opportunities) and above all, to get out of the safety and security of one’s comfort zone! He was a visionary who took prophetic stands! He once said, “the Government calls me a ‘deshdrohi’ for defending the rights of the Adivasis. So be it!” Stan was a prophet of and for our times. He radiated an unparalleled prophetic courage and ultimately, like all genuine prophets, he too paid the ultimate, supreme price of being one!

There is a bust of Fr Stan Swamy in the garden of the Bagaicha, the Centre which he started in Ranchi. Etched on a marble stone just below this bust, are his incisive and immortal words, “why truth has become so bitter, dissent so intolerable, justice so out of reach… Yet truth must be spoken, right to dissent must be upheld and justice much reach the doorsteps of the poor. I am not a silent spectator!”  Stan Swamy was indeed a martyr for justice, a pilgrim of hope and a prophet for our times. As we pay tribute to and try to emulate Stan Swamy; the person, the pilgrim and prophet – the only way we can genuinely do so, is by not being silent spectators to the terrible realities, the crimes against humanity, which have engulfed our people and many of us, today!

(The author is a human rights, reconciliation and peace activist/writer; cedricprakash@gmail.com )

Related:

Fr. Stan Swamy’s legacy lives forever!

Jailed Father Stan Swamy dies ahead of his bail hearing

Fr Stan Swamy’s institutional murder

The post Fr. Stan Swamy SJ: Person, Pilgrim, Prophet appeared first on SabrangIndia.

Stan Swamy is a SYMBOL: He is a symbol of resistance! He is a symbol of hope! He is a symbol of a new dawn! He is a symbol that justice and truth, which will ultimately triumph, whatever the consequences or the price, one may temporarily have to pay! Stan Swamy is a sign-post, a non-negotiable direction for the country today, particularly for the sub-alterns, those who have nowhere to go, and those who live on the peripheries of society. Stan is a symbol of the relentless struggles of ordinary people belonging to all sections of society.  He is a symbol for the ostracised and the dehumanised, that all is not lost! That there is still hope and that change is inevitable.

Stan Swamy is a SERVANT: in the complete sense of the word! Someone who loved to serve others and he served with love!  Stan Swamy was a servant made in the image and likeness of his Master Jesus. At the Last Supper, Jesus, went down on his knees to wash the feet of his disciples. It was an unimaginable gesture at that time. The mandate of Jesus to his disciples was clear: “do this in memory of me!”; “love one another, as I have loved you!” Stan lived this mandate throughout his life in the service of others. He served others without counting the cost! He did so with humility and selflessness. He epitomised what is referred to, as ‘servant-leadership,’ today! Like Jesus, he knelt down and washed the feet of his people, he embraced them, he held their hands and walked the miles with them in their struggle for justice, liberty, equality, fraternity and dignity!

Stan Swamy is a SHEPHERD:  accompanying his people to greener pastures; being in their midst: in their ‘joy and hope, grief and anguish’. Stan Swamy lived in the villages of Adivasis, ate their food, and sang their songs, danced with them. He lived a simple, frugal life and his possessions were the meagre necessities. He was a compassionate pastor! A little after he assumed office, Pope Francis called on the world’s priests to stay close to the vulnerable, the marginalized and to be “shepherds living with the smell of the sheep.”  “This is what I am asking you,” he said with emphasis, looking up from his prepared text, “be shepherds with the smell of sheep.” In ‘Evangelii Gaudium’ Pope Francis issued the same call to all Christians, “Evangelisers thus take on the ‘smell of the sheep’ and the sheep are willing to hear their voice” Stan Swamy did exactly this: and his people heard his voice!

Stan Swamy is a SINGER: who always had a song to sing! Stan would surely smile hearing this!  A true singer, everyone knows, is much more than a song:  much more than the lyrics and the music. A singer is the soul, is the spirit that touches, that motivates, that inspires that leads. The singer is about attitude and conviction, about one’s body language: the song is from the heart!  A singer cannot be caged, can never be imprisoned. The song is immortal: the words will never die. From Taloja Jail, during his incarceration, Stan Swamy wrote, “my needs are limited. The Adivasis and the Society of Jesus, have taught me to lead a simple life… Listening to the life narratives of the poor prisoners is my joy in Taloja Jail… I see God in their pains and smiles… Many of such poor under trials don’t know what charges have been put on them, have not seen their charge sheet and just remain for years without any legal or other assistance. The 16 co-accused have not been able to meet each other as we are lodged in different jails or different ‘circles’ with the same jail”; he concludes, “But we will still sing in chorus. A caged bird can still sing.”

Stan Swamy is a SAINT:  there is no doubt about that! A saint is one who personifies holiness in the small simple, ordinary things of daily life. Pope Francis gave us an incisive Apostolic Exhortation in 2018, ‘Gaudete Et Exsultate’ (On the Call to Holiness in Today’s World). In it he emphasises that saints are not only those who have been beatified and canonised by the Catholic Church. Pope Francis states, “your identification with Christ and his will involves a commitment to build with him that kingdom of love, justice and universal peace. Christ himself wants to experience this with you, in all the efforts and sacrifices that it entails, but also in all the joy and enrichment it brings. You cannot grow in holiness without committing yourself, body and soul, to giving your best to this endeavour”. A description that fits Stan Swamy to the T! His companions in prison Vernon Gonsalves and Arun Ferreira will testify to this!  Stan Swamy was a living saint – the Adivasis believed in him! A few days after his death, in July 2021, hundreds gathered together at ‘Bagaicha’ near Ranchi, the Centre he had begun for the rights of the Adivasis. During the memorial ceremony, his name was etched on the stone that had the names of tribal leaders who gave their lives for the sake of their people! Yes, Stan Swamy is a martyr and a Saint! Many pray to him today!

Alpa Shah, who teaches at the London School of Economics, recently released her path-breaking book, ‘The Incarcerations: Bhima Koregaon and the Search for Democracy in India’. She writes, “In July 2018. Stan found himself accused of sedition by the Jharkhand government, alongside nineteen others. He wrote an email to his friends on 28 July 2018 in defence of his new status has a national traitor.  ‘FIRs have been made out. We are accused of supporting the self- rule movement taking place among Adivasis in Jharkhand and neighbouring states of central India. Pathalgadi (erection of stone slabs) listing the powers of gram sabha (village councils) as per PESA Act 1996 and declaring their right to self-governance. The state government is not able to digest this declaration and calls it “a war against the state” and all those who support it as desh drohi (a national traitor)! In an attachment to the email, Stan listed all the issues he had raised about the government and ruling class policy in the light of the Indian Constitution and concluded, ‘if this makes me a ‘desh drohi’, then so be it”!  

 That was and is the quintessential Stan Swamy and his indomitable spirit: Symbol, Servant, Shepherd, Singer and Saint – all rolled in one! That Spirit will never die!  We are ALL called to celebrate and emulate that Spirit today!

(Fr Cedric Prakash SJ is a human rights, reconciliation and peace activist/writer. Contact: cedricprakash@gmail.com )

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Given the grim realities which throttle the nation today, one person whose physical presence is greatly missed today is that of Jesuit Father Stan Swamy. Two years ago on July 5, 2021, he said ‘good-bye’ to us, having completed his pilgrimage here on earth. He was arrested on 8 October 2020 on fabricated charges, incarcerated in the Taloja jail where he suffered very much. His terrible and untimely death is regarded by many as ‘institutional murder’. He has still not been declared ‘innocent’ by the courts. However, Stan (as he was called by all very lovingly) the man, mission and message -lives on in the hearts and lives of thousands everywhere. He has left us with a rich legacy and challenges us to live that legacy today.

In his early days, Stan was a trainer, mentor, guide – inspiring hundreds of youths and others through social awareness programmes and to critically analyse what was happening in society; there are many today from across the board, who are and will always be grateful for the profound impact he left on their lives. For Stan, his heroes and motivators were the likes of Paolo Freire, Dom Helder Camara and Fr Pedro Arrupe. Vatican II and the faith -justice mandate which emerged from the 32^nd General Congregation of the Jesuits, greatly shaped Stan’s way of proceeding: his thinking and his actions. Like Jesus his Master, he questioned and taught others to question and challenge all that is wrong and unjust in society and to respond constructively and positively to these issues.

Stan did all he could to empower the Adivasis. He accompanied and struggled alongside with them on issues related to the violation of laws in acquiring land for mega projects for mining and infrastructural development which flout the rights of the downtrodden and tribals. He consistently raised his voice in democratic, legitimate ways against the state-sponsored violations of laws and assault on democratic rights of people aimed at paving way for unrestricted exploitation of land and natural resources. He questioned the non-implementation of the 5th Schedule of the Constitution why the Panchayats (Extension to Scheduled Areas) Act [PESA], was being ignored. He strongly expressed his disappointment at the silence of the Government on the 1997 Samatha Judgment of the Supreme Court; he was visible and vocal at the half-hearted action of the Government on Forest Rights Act, 2006. He expressed his apprehensions at the Amendment to ‘Land Acquisition Act 2013’ by the Jharkhand government which was a death-knell for the Adivasi Community. He strongly disagreed with the setting up of ‘Land Banks’ which he saw as a calculated plot to annihilate the Adivasis. He challenged the indiscriminate arrest of three thousand young Adivasis under the label of ‘naxals’ just because they questioned and resisted unjust land-alienation and displacement. And much, much more!

Stan walked the talk; he should be a motivating factor today for all to get out of our comfort zones, institutionalised lifestyles and cosmetic band-aid approaches to the grim realities which our people face today! Stan is physically no more but the other Bhima-Koregoan 15 (all human rights defenders) who have been vocal and visible in standing up for the rights of the poor, are still languishing in jail, some for five years now (though three are out on bail).  He has however, left behind a rich legacy which challenges us today; this legacy can be spelt out in five inter-related dimensions: Presence, Partnership, Participation, Prophetic and Pilgrim

Presence:

The essential thing that St Ignatius of Loyola teaches one in the Spiritual Exercises is to be in the presence of God. A presence which undoubtedly helps leads one towards a meaningful physical presence among the people of God. God and his people were ever present in Stan’s life.  Stan was always in the midst of his people; he pitched his tent among them: he sang and danced with them; he ate their meals and walked the miles with them. He lived for them and he died for them. Like a good shepherd he smelled of the sheep. His presence among the people was perhaps to a fault. He gave without counting the cost; he was never ensconced in a comfort zone. His life was totally people-centred. Till the very end he begged the Presiding judge to give him bail to go back to be with his people; he never lost focus of this fundamental.

Participation:

For meaningful communion and effective mission, one must participate in the sufferings and sorrows, the struggles and anxieties, the cries and yearnings of those who are denied their legitimate place in society. Stan was an authentic participant in the lives of the people. He was visible; he spoke loudly and strongly; he was articulate, he studied and analysed society and the plight of the poor; he wrote and gave interviews (his letters and poems from jail are a testimony to this). He stood with the Adivasis against the powerful and other vested interests who robbed them their ‘jal, jungle aur jameen’. He internalised and actualised the words of Pope Francis in ‘Evangelii Gaudium, “I prefer a Church which is bruised, hurting and dirty because it has been out on the streets, rather than a Church which is unhealthy from being confined and from clinging to its own security. I do not want a Church concerned with being at the centre and which then ends by being caught up in a web of obsessions and procedures”.  This was Stan’s mantra too and he had no hesitation in sharing it with others. 

Partnership:

Given the enormity and the complexity of the issues which challenge us, one cannot work alone or in our institutionalised silos. One needs to work with all women and men of goodwill for the establishment of a more just, equitable, free, fraternal and dignified society. Stan realised this throughout and for him his partners were the Adivasis and the Dalits, human rights defenders, lawyers and academics, animists, agnostics and atheists, from every gender and everyone else who would help realise the goals of the Constitution of India. He believed in collaboration and networking, an essential which the Society reaffirmed in the 35^th General Congregation; “We must in turn look to our collaborators in mission and say, with gratitude and affection, that the call we have received is a call shared by us together”. (D.6 #3) Yes, many of us welcome them into our institutions (we must continue to do so) but are we ready to join them – in their programmes, in their initiatives? Whom do we identify with? were Stan’s perennial questions! He journeyed with others in the relentless struggle for a more just and humane society.

Prophetic:

A prophet whilst announcing the good news, must denounce all that is wrong, unjust and evil in society. One needs to take a stand; to be visible and vocal. Stan, as true disciple of Jesus, truly feared no one! Because of this, he did have many enemies; those who felt that he was a thorn in their flesh. He minced no words when he challenged his own to stop over-institutionalisation, to stop catering to the privileged and elite sections of society (who have plenty of other possibilities and opportunities) and above all, to get out of the safety and security of one’s comfort zone! Stan was a prophet of and for our times. He radiated an unparalleled prophetic courage and ultimately, he had to pay the price for it!

Pilgrim:

Like St. Ignatius, Stan was a pilgrim in the true sense of the word. He believed in movements: people on the move, just like in the Biblical ‘Exodus’: the struggles of the ‘people of God’ for a more humane and Ignatius, Stan dignified life. Stan left no stone unturned to ensure the Kingdom of God on earth where all (particularly the sub-alterns) would be together and around a table of fellowship. Like a true pilgrim he lived a frugal life. It was a sad joke when they raided his room, besides his computer, the only’possesions’ the authorities were able to seize from him, would put a pauper to shame! A pilgrim is unencumbered with baggage and that’s what Stan was. Even today, his room, with the barest necessities, bears mute witness to the life of a man on the move – a real pilgrim

A little before his arrest in October 2020, Stan in a very powerful message said, “What is happening to me is not something unique- happening to me alone. It is a broader process that is taking place all over the country. We are all aware how prominent intellectuals, lawyers’ writers, poets, activists, students, leaders, they are all put into jail because they have expressed their dissent or raised questions about the ruling powers of India. We are part of the process. In a way I am happy to be part of this process. I am not a silent spectator, but part of the game, and ready to pay the price whatever be it”.

Today, Stan challenges us all to live the legacy he has left us, in a profound way by our presence among the people, by our participation in their struggles and joys, by partnering through a shared vision and mission with other women and men of good will, by having the courage to play a prophetic role and above all, to be a pilgrim. From Taloja Jail he wrote, “My needs are limited. the Adivasis and the Society of Jesus, have taught me to lead a simple life… Listening to the life narratives of the poor prisoners is my joy in Taloja Jail… I see God in their pains and smiles… Many of such poor undertrials don’t know what charges have been put on them, have not seen their chargesheet and just remain for years without any legal or other assistance. The 16 co-accused have not been able to meet each other as we are lodged in different jails or different ‘circles’ with the same jail”; he concludes, “but we will still sing in chorus. A caged bird can still sing.”

Do we have the courage to walk in Stan’s footsteps and sing the way he did, today?

(Fr Cedric Prakash SJ(Gujarat) is a huma rights, reconciliation and peace activist/writer)

The post Challenge to Live Fr. Stan’s Legacy Today! appeared first on SabrangIndia.

It is your birthday today here on earth! You would have completed eighty-six years, if you were around. Well, thatwas not to be; onJuly 5. 2021 you were murdered by a brutal and fascist regime, which did not want a human rights defender like you to continue living! This is your second earthly birthday up above. Not sure how you will be celebrating it!

But here on earth dear Stan you are missed very much! Countless people remember you: your compassion and commitment; your courage to identify with them and their struggles. These are mostly simple, ordinary people; the Adivasis and the Dalits; the excluded and the exploited, the poor and the marginalised. You lived in their midst; you basked in their presence; you smelled of the sheep like a truly good shepherd. They celebrate you today and will always do so! There is certainly no doubt of that!

But I am writing this birthday letter based on the recent conversation I had with you! I can see you smiling (you always had that halting, tentative smile – slow, gentle but warm) and I can imagine others who reading this and with a sneer saying “Conversation with Stan? There must besomething wrong with him!” Well let them say what they want – but I will hold my ground!

It was the night of April 13/14 (less than two weeks ago), Frs. Tom Kavala and P.M. Anthony invited me to spend the night in Bagaicha. This was your home – before the ’powerful’ so unceremoniously took you away on October 8, 2021 like some kind of common criminal. I was given your room to stay in and your bed to sleep on! It was a totally unexpected privilege – something unforgettable which I will treasure all my life!

That day was a very tiring one for me. I fell asleep immediately! But I was suddenly wide-awake feeling as refreshed as ever; at first, I wondered where I was. The fact slowly dawned upon me – I checked the time: I must have been asleep for less than an hour. I began tossing and turning for apparently no reason. When suddenly I felt your presence in the room. Imagination? maybe – who knows!! I am not wont to give in easily to the ‘supernatural’. But I did share my experience with some! I began asking you questions and well, you seemed to be answering them directly and bluntly (like the way you always did). We were having a conversation: something I was convinced that I had to put down in writing; so here I go:

CP: Hi Stan! How are you and how is life up there?

SS: Its good here – I am certainly happy; however, when I look down at what’s happening in India and to my people, I feel very sad and upset and wish I was there with my people.

CP: Can you possibly do something from up there?

SS: What nonsense! Me from up here? Haven’t I left you and others a legacy? After my death there was some enthusiasm about actualising that legacy, but I see that not much has been done. I wonder why?

CP: Stan, the simple reason is that we are afraid! We lack your prophetic courage! We prefer to toe the line! We do not want to disturb the powerful – for fear of losing our privileges and possessions.

SS: Actually, it is much more than that! We have become highly institutionalised and most of our efforts (of the Jesuits and of the Church) are spent in managing/running our institutions, protecting our interests and trying to please the establishment (be it corporate or political).

I have suffered much because of this. I have questioned our priorities, the people we cater to in our institutions and above all, of how we do not want to risk responding radically to the realities in the same way that Jesus would have done!

Our commitment should stem from a Gospel without compromise, firmly rooted in the person and message of Jesus and the Constitution of India. Very often our action is relegated to social works in the project-mould, meant to adhere to ‘dos and don’ts’ rather than in the accompaniment of people.

We indulge in cosmetics and acts of tokenism rather than being visible and vocal in speaking truth to power!  We tend to run with the hare and hunt with the hound! As long as we are safe in our comfort zones, we do not want to rock the boat! We Jesuits easily forget that GC36 wanted us to row in the deep!

CP: Stan, you always said that Vatican II, GC32 and the likes of Bishop Helder Camara and Fr. Pedro Arrupe were among those who inspired you. Any comments?

SS: Yes, Vatican II and its direction to the Church meant much to me! If some more of us had tried to put its teachings into practice, we would have had a very different Church and world today. Bishop Helder Camara tried and he was branded a ‘communist’ (you know how easily they branded me too!). For me, the 32nd General Congregation had a very clear mandate that “the mission of the Society of Jesus today is the service of faith, of which the promotion of justice is an absolute requirement; for reconciliation with God demands the reconciliation of people with one another.” Fr. Pedro Arrupe wanted every Jesuit to live this mandate; sadly, many of us were afraid to do so! It is obvious today too!

CP: What more do you think we should be doing today for a more humane and just society?

SS: There is indeed plenty that each one of you should be doing – both individually and collectively! Do so fearlessly!Give and do not count the cost!

We have to be the voice for the voiceless; for those who continue to live on the peripheries of society. We must collaborate and network with other like-minded individuals, groups and movements; to keep our institutions and spaces open for them and to join them in their initiatives.

CP: Yes Stan, but doing all that one will have to pay the price. It is not easy!

SS: Certainly! Haven’t I paid the price? I suffered so much during incarceration! That’s what life is all about. Just before my arrest in October 2020, I said “What is happening to me is not something unique- happening to me alone. It is a broader process that is taking place all over the country. We are all aware how prominent intellectuals, lawyers, writers, poets, activists, students, leaders, they are all put into jail because they have expressed their dissent or raised questions about the ruling powers of India. We are part of the process. In a way I am happy to be part of this process. I am not a silent spectator, but part of the game, and ready to pay the price whatever be it”.

CP: Wow Stan! Thanks for reminding me of those immortal words from you!

Morning soon dawned! No, it was not a dream! It was for real! You, Stan, challenging me and others to do much more: to live your legacy in more profound, tangible andmeaningful ways.

Yes, we do have a long, long way to go! But with your blessings and guidance from above, we will do our best! Thanks, Stan, for being YOU! Happy Birthday dear Stan!

Your brother,

Cedric

The author is a human rights, peace and reconciliation activist/writer

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Christmas is for the bravehearted: those who see and welcome the ‘strangers’ in their midst, those who have come from a different part of the country, to deal with the cumbersome process of having their names registered in the Census operations. The locals have already taken a stand against the unconstitutional Citizens Amendment Act (CAA) and now make every effort to ensure that no one is excluded from Census; in particular, the poor and the vulnerable, those caught up in and impoverished by the rising costs; those who live on the peripheries.

Christmas is for the bravehearted: who create space in their homes for the weary travellers, a bedraggled couple, who have journeyed through many difficulties. He is aged, she is heavily pregnant. They have been knocking from door -to-door for a place for the night; but sadly, in vain. All are very busy preparing for ‘Christmas: cleaning, decorating and illuminating their homes, making sweets, rushing to the tailors for their new clothes, to the mall to buy the last-minute expensive gifts. One tramp however, who points to the possibility of some place far away outside the town.

Christmas is for the bravehearted: as the couple makes their way to the periphery, they find a stable. The caretaker is fully inebriated, but that does not deter his goodness. He unlocks the stable so that the exhausted couple are able to sit in the warmth and comfort of the hay. He shares his evening meal and his water with them. Finds some swaddling clothes because he understands that there will soon be a new arrival. The animals who are inside know that they will soon be part of a defining moment of history. The stench and squalor of the stable give way to sweet fragrance and goodness. This moment is not meant for the heartless!

Christmas is for the bravehearted: listening to the angels sing “Glory to God in the highest; and on earth peace to men of good will!” The angels are in unison and their song is harmonious! Their message is unequivocal: the glory of God which complements the need and importance of peace and goodwill for all men and women. This is easier said than done! In a world which is divided and fragmented, where hate speech and violence gain legitimacy, where ‘the other’ is denigrated and demonized with ease – what one yearns for is for a peace which is vibrant, which is inclusive and transcends the pettiness of our world today!
Christmas is for the bravehearted: the shepherds who listen to, internalise and actualise the song of the angels. They were ordinary, rugged folk who lived on the hill-side. When they hear the good news of the birth of the Saviour by the angels, they leave their sheep behind and go in haste to worship the new-born! They are joyously spontaneous in their response. There is no pretence or shallowness in their deed! There is clarity in their goal and they reach their destination! One is reminded of our protesting farmers who inspite of great difficulties courageously succeeded in having the anti-farmer laws revoked, sometime ago!

Christmas is for the bravehearted: the Magi are wise people, who physically lived in a distant land. Though they were rich, they had a singular mission in life: a relentless search for the truth and for the Messiah, who would be that truth. They go all out of their way to find him and give him of their best! The Magi find solace and spiritual fulfilment when they encounter Jesus. They realise that having found the truth they have to take a stand for justice. They return by another way demonstrating the unflinching courage not to succumb to the manipulative and murderous mechanisms of Herod. They take a stand for the minorities, the excluded and the exploited, for all victims of injustice! They remind us of Fr Stan Swamy, the others incarcerated in the Bhima-Koregaon conspiracy case, and the many bravehearts, illegally imprisoned because they took a stand for human rights, justice and peace!

Christmas is for the bravehearted: like the people of Egypt. A refugee couple with a little babe, arrive in their midst, with practically nothing! The trio has had an arduous and long journey through hostile terrain. They were forced to flee from their native land because of the vengeful plot by a tyrant. They were refugees but the Egyptians treated them as their own: warmly welcoming them into a society which would ensure their protection and security. Millions of migrants and refugees today, the ‘nowhere people, victims of war and persecution desperately seek refuge in a foreign land. Some bravehearts do welcome them!

Christmas is for the strong who can honestly sift through the material and mundane of the world

Christmas is for the bravehearted: and of course, there is Joseph! He is the foster-father of Jesus has always been referred to as a just man. He dreams and lives the impossible dream believing in the dignity, equity and the rights of all! From the moment, Mary was betrothed to him, Joseph was confronted with a host of sensitive issues. He had to make very difficult decisions; every decision of his would impact on Mary or Jesus or on both them, in a profound way. He did so with a great sense of prudence and responsibility and after much discernment. The Biblical righteous ness (justice) was his forte; he was imbued with a tremendous sense of justice

Christmas is for the bravehearted: so beautifully epitomised by Mary. She is chosen by God as the mother of Jesus. It is certainly not easy for her to accept this heavy responsibility. After due discernment, she willingly and courageously accepts Gods will. Her yes is unconditional! She then goes in haste to be with her kinswoman Elizabeth; in her old age, Elizabeth has conceived and will soon become the mother of John the Baptist. As she embraces Elizabeth, Mary sings the Magnificat — a prophetic and courageous song for change! During the birth of Jesus and till the very end of her life on earth, Mary radiates this braveheartedness.

Christmas is for the bravehearted: for those who recognise Jesus in the Crib, as the saviour of the world! Christmas is for the strong who can honestly sift through the material and mundane of the world, which has relegated Christmas to Santa Clauses and Christmas trees, to eating, drinking and dancing, to new clothes and expensive gifts, to decorations and illuminations, to splurging and merry-making. Christmas is for the bravehearted who understand that the birth of Jesus is about enabling and ensuring truth, justice, liberty, equality, fraternity, inclusiveness, joy, love, peace in our broken world today. Christmas is indeed for the bravehearted who have the courage to put Christ back into Christmas!

—
*Human rights, reconciliation & peace activist/writer

Courtesy: https://www.counterview.net

The post Christmas reminds us of Fr Stan Swamy, other bravehearts incarcerated ‘illegally’ appeared first on SabrangIndia.

One more report by an American forensic firm, arsenal, exposes how multiple incriminating documents were planted in the computer of Father Stan Swamy, the 83-year-old activist-priest who was arrested for alleged terror links in 2020 and who died in custody a year later. The tragic death of Stan Swamy, after delayed medical health attention has been termed as a murder in judicial custody by the human rights movement.

The latest Arsenal report blasts a hole in the National Investigation Agency (NIA)’s charges against Stan Swam. These charges centre around alleged electronic correspondence between the priest and supposed Maoist leaders to make the case that he was part of an explosive Naxal conspiracy.

In its detailed findings, Arsenal Consulting, a Boston-based forensic outfit hired by Swamy’s lawyers, says close to 44 documents, including the so-called Maoist letters, were planted by an unknown cyber attacker who gained access to Swamy’s computer over an extended period of five years, starting from 2014 to the point when he was raided in 2019.

Both NDTV and Washington Post broke this story on Tuesday, December 13.

Arsenal Consulting also says it has extensive experience of working in digital forensics and has investigated multiple high-profile cases like the Boston Marathon bombing case.

Stan Swamy, a Jharkhand-based Jesuit priest who worked among tribals, was arrested in the Bhima Koregaon case, a move that sparked wide condemnation. For decades, Stan Swamy worked and lived among Jharkand adivasis (indigenous peoples) and extended legal aid to those criminalised fort demanding land and livelihood rights. The criticism against the authorities escalated when he died within a year of his incarceration due to Covid-related complications. The UN and the EU both reacted strongly to the news of Father Stan Swamy’s death. A UN official called the news “devastating,” and added that the priest had been imprisoned on “false charges of terrorism”.  

Despite this, he NIA, however, claimed he was part of a conspiracy along with 15 others to instigate riots in the village of Bhima-Koregaon in Maharashtra in 2018, when scores of Dalits had gathered to commemorate a historic battle in which Dalits defeated an upper caste army.

Based on “documents retrieved from their computers”, the NIA had also charged Swamy and the others – mainly left-leaning activists, academics, and human rights defenders – with scheming with Maoists to kill Prime Minister Narendra Modi.

In a video recorded just before his arrest in 2020, Father Swamy had completely rubbished the purported Maoist letters found on his computer, saying he “denied and disowned every single extract that was put before me” by investigators.

Now, close to 17 months after his death, Arsenal Consulting’s report shows that the hacker used a malware called NetWire to gain access to Father Swamy’s computer on October 19, 2014, for both highly invasive surveillance and “document delivery”.

According to Arsenal, one such document “delivered” by the attacker to Stan Swamy’s computer and part of the NIA’s chargesheet against the priest, was an alleged letter sent by one “SS” – presumed to be Father Stan Swamy – to a “Vijayan Dada” on October 2017. In the letter, “SS” asks “Vijayan” to take action “to capture senior leaders of ruling BJP in the state and demand that the oppressive laws be done with.”

‘Maoist’ letter, part of chargesheet against Father Stan Swamy, was planted on his computer as per US report.

Another document in the NIA chargesheet against Swamy, detailing the manpower and weaponry of a Maoist outfit called People’s Liberation Guerilla Army in different Indian states, is also among the planted documents, Arsenal says.

According to Arsenal, they “found no evidence which would suggest that the… documents were ever interacted with in any legitimate way on Fr. Swamy’s computer. More specifically, there is no evidence which would suggest any of the (planted) documents, or the hidden 22 folders they were contained in, were ever opened” by Swamy.

Earlier reports (2020, 2021) by Arsenal Consulting had found proof of similar planting of evidence on the systems of at least two other co-accused in the Bhima Koregaon case – activists Rona Wilson and Surendra Gadling. The reports found an unknown hacker had planted over 30 documents on the computer belonging to Rona Wilson and at least 14 incriminating letters on Surendra Gadling’s computer.

All three – Stan Swamy, Surendra Gadling and Rona Wilson – have been targeted by the same hacker, according to Arsenal.

While Arsenal has not speculated on the identity of the attacker, the report says the attacker made frantic attempts to “perform an extensive clean-up of their malicious activities” on June 11, 2019 – a day before the Pune Police seized Stan Swamy’s computer (June 12). The timing raises the question of whether the hacker even had prior knowledge of the impending police action.

NDTV wrote to the NIA requesting for comments on the findings of Arsenal Consulting. However they , did not receive a response till the time this article was published. The story will be updated if any response is received from the agency.

Related:

Bhima Koregaon case: Was evidence planted to implicate activists?

Primary goals were surveillance and incriminating document delivery: Arsenal Report

Rona Wilson moves Bombay HC, demands probe into ‘planted evidence’

Probe claims of Rona Wilson’s laptop being hacked: Sudha Bharadwaj’s family and friends

Former Professor Shoma Sen moves Bombay HC against UAPA charges

Bhima Koregaon case: NIA attempts to dismiss Arsenal’s findings about Rona Wilson’s laptop

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Five international human rights groups have issued a joint statement urging the European Union to address reprisals against human rights defenders and systematic attacks on civil society actors in India.

The groups are:

• Asian Forum for Human Rights and Development (FORUM-ASIA)

• CIVICUS: World Alliance for Citizen Participation

• Front Line Defenders  

• World Organisation Against Torture (OMCT), within the framework of the Observatory for the Protection of Human Rights Defenders

• International Federation for Human Rights (FIDH), in the framework of the Observatory for the Protection of Human Rights Defender

The groups referred to the 10th EU-India human rights dialogue which took place on July 15, 2022, in New Delhi, and said that it failed to “adequately address pressing issues of security and reprisals faced by human rights defenders in India.”

The groups said, “While both parties reiterated their commitment to the promotion and protection of human rights in the joint EU-India press release, there was no mention of any concrete action to be taken to ensure the ending of reprisals and persecution against human rights defenders, the release of jailed defenders and to prevent the adoption and abuse of restrictive laws, including anti-terror laws.”

Referring to specific cases, they said, “Of the 16 defenders arrested in relation to the Bhima Koregaon case, 13 remain in jail. On 5 July 2021, 84-year-old Stan Swamy died in custody due to the lack of medical treatment. There has been no public acknowledgment of the State’s complicity in his incarceration and death.”

It further said, “In November 2021, Kashmiri human rights defender Khurram Parvez was arrested and remains incarcerated on spurious charges.”

Referring to the shocking arrest of journalist, educationist and activist, Teesta Setalvad, the group said, “In June 2022, Teesta Setalvad was jailed as a direct reprisal for her campaign for accountability and justice for victims of the 2002 Gujarat riot.”

They also acknowledged, “Many other defenders, including indigenous women seeking justice, are jailed and labelled as terrorists due to their human rights work,” and said, “The joint EU-India press release fails to address any of these cases, or to acknowledge the general worsening of the human rights situation in India.”

Demanding actual action, the groups said, “Vague commitments on human rights and safeguarding freedoms and defenders no longer suffice. The scale of the violence and punishment for peaceful defense of human rights in India requires a proportionate and public response and a demand for accountability for continued violations. In the face of the blatant disregard for national standards and international commitments, particularly important in light of India’s global presence and membership to the United Nations Human Rights Council, the EU must take a public stand on patterns of reprisals and individual cases.”

While they acknowledged the need to continue dialogue, they warned against glossing over India;s human rights record. “We acknowledge the EU-India human rights dialogue as an opportunity for both parties to speak on important issues of human rights. However, recognition of the work of human rights defenders and of marginalized communities in the country will be visible based on tangible outcomes, including public statements that reflect clear human rights benchmarks. Failure to do so is a missed opportunity and may serve to further embolden India to violate human rights with impunity,” they said.

Calling on the EU and member states “to ensure that there is strong follow up to the dialogue and a commitment to hold India accountable,” they also asked that the “targeting of defenders through the use of national institutions, including arbitrary arrests and judicial harassment, must be strongly condemned and individual cases should be publicly raised.”

The groups said, “The EU must also support human rights defenders by observing trials and undertaking visits to defenders in prisons. Effective protection for human rights defenders requires adhering to concrete human rights standards and taking action beyond the annual human rights dialogue between parties.”

The entire statement may be read here: 

Related:

Teesta Setalvad’s arrest threatens India’s reputation: Eminent Canadians including Margaret Atwood

Human Rights defenders stand with Teesta Setalvad

Indian intelligentsia bats for Teesta Setalvad

The post Address reprisals against activists in India: International Human Rights groups to EU appeared first on SabrangIndia.

The United States Commission on International Religious Freedom (USCIRF) has listed Human Rights Martyr Fr Stan Swamy, human rights defender Khurram Parvez, journalist Siddique Kappan as Freedom of Religion or Belief victims. The USCIRF is an independent, bipartisan federal government entity established by the US Congress to monitor, analyse and report on religious freedom. It has listed 1309 victims from across the world on its Freedom of Religion or Belief (FoRB) Victims List.

The list is a detailed database of persons who have been imprisoned or detained in a Country of Particular Concern (CPC). According to USCIRF, a CPC is one that has either engaged in or tolerated “systematic, ongoing, and egregious” violations of religious freedom. India has been recommended to the US State Department to be designated as a “country of particular concern” or CPC, for alleged religious freedom violations last year as well. On the list were Myanmar, China, Eritrea, Iran, Nigeria, North Korea, Pakistan, Russia, Saudi Arabia, Syria, Tajikistan, Turkmenistan and Vietnam as CPC, along with India. These were named after USCIRF’s 2020 assessment, which was timed in anticipation of the State Department’s announcement of the CPC and Special Watch List (SWL) designations. The USCIRF had released an extensive factsheet detailing violations specified under the International Religious Freedom Act that “if perpetrated or tolerated by a foreign government, should cause the state department to designate the country as a CPC or place it on the SWL.” 

India had been recommended for CPC designation in September 2020 as well by the US Congress-constituted federal body. However, when the State Department made its announcement of nations that were designated CPC in December 2020, India was missing from the list. In May this year, for the second year running, the USCIRF’s annual report recommended that India be designated as a “country of particular concern” or CPC. According to the 2021 annual report, released by Gayle Manchin, who heads the organisation, while 2020 was “challenging for most nations trying to balance public health concerns alongside the fundamental right to freedom of religion or belief”, it has been recommended that the state department designate “Burma, China, Eritrea, Iran, Nigeria, North Korea, Pakistan, Saudi Arabia, Tajikistan, and Turkmenistan,” which were already on the State Department’s 2020 list “as well as four others—India, Russia, Syria, and Vietnam,” as “countries of particular concern.” 

Now the three Indians have been added to the FORB victims list with details of  their arrests and the status of their case.  

Kashmir-based human rights activist Khurram Parvez was arrested in November 2021 after the National Investigation Agency (NIA) carried out searches at his residence and the office of J&K Coalition of Civil Society (JKCCS) in Srinagar. According to reports, Parvez’s family said that they received an arrest memo (case 30/2021) in which he was named. Parvez was taken for questioning by the officials who said they were from NIA, and his phone, laptop and a few books were also seized. His arrest sparked international outrage and concern.

On December 22, 2021, the office of the UN High Commissioner for Human Rights called for Parvez’s release saying, “We are concerned that one month after Mr. Parvez’s arrest, he is still deprived of liberty in what appears to be a new incident of retaliation for his legitimate activities as a human rights defender and because he has spoken out about violations.” 

The USCIRF stated, “Human Rights organizations allege Parvez’s arrest is motivated by his work documenting human rights violations committed by authorities in Kashmir, a Muslim-majority area.”

Siddique Kappan is a Muslim journalist who is currently held in a jail in Uttar Pradesh since his arrest in October 2020. Kappan was arrested while on his way to Hathras, a district in Uttar Pradesh, to report on the brutal rape and murder of a teenage Dalit girl. The chargesheet against Kappan attempted to paint him as a journalist with a communal agenda. It said, “These writings of Siddique Kappan, to a great extent, can be classified as communal… During riots, taking the name of a minority and talking about events related to them can incite sentiments. Responsible journalists do not do such communal reporting. Kappan only and only reports to incite Muslims.”

The USCIRF details concerns over Kappan’s health status as he has been in jail well over a year. It said, “In addition to catching COVID-19 [in prison], Kappan reportedly suffers from depression, anxiety, and poor eyesight. He has reportedly been unable to receive adequate medical care.”

The most telling is the listing of Stan Swamy who was detained on terrorism charges and died while still imprisoned. He was 83 years old and on July 5, 2021, Swamy died in state custody reportedly from cardiac arrest after he suffered complications that followed his bout of Covid-19 in May 2021.

Related:

The institutional murder of Father Stan Swamy

Delhi: Journalists demand release of Siddique Kappan who completed one year behind bars

MEA lashes out against OHCHR comment on Khurram Parvez’s arrest

The post Fr Stan Swamy, Khurram Parvez, Siddique Kappan on USCIRF’s Freedom of Religion or Belief victims list appeared first on SabrangIndia.

(This piece authored by Fr Stan Swamy was originally published on Sept 01, 2016. It is being re-published today in his memory.)

The Supreme Court of India, in a landmark judgment , declared  “…A blinkered vision of development, complete apathy towards those who are highly adversely affected by the development process and a cynical unconcern for the enforcement of the laws lead to a situation where the rights and benefits promised and guaranteed under the constitution hardly ever reach the most marginalized citizens.” “…to millions of Indians, development is a dreadful and hateful word that is aimed at denying them even the source of their sustenance…  on the path of ‘maldevelopment’ almost every step that we take seems to give rise to insurgency and political extremism”
[SC Special Leave Petition (C) NO.6933 OF 2007, sections 9,7]
 
Tragically the Cabinet Committee for Security (CCS) has given its nod to recruit 12 tribal battalions for so called ‘Maoist-hit states’ as reported by the media on July 25, 2016

It must be made loud and clear the government’s decision to set up
 
‘Anti-Maoist Tribal Battalions’ all over the country
‘Anti-Maoist Paharia Battalions’  in Jharkhand
‘Anti-Maoist Bastar Battalions’ in Chattisgarh
 
is unjust and unwarranted.
 
The Government is creating a ‘police state’ rather than meeting people’s needs: Instead of doing some re-thinking about  of its developmental model and work towards bringing greater equity among its citizens, it is determined to add more guns against the poorest of the poor.

This is in addition to the already deployed 5,00,000 police and para-military forces in the 88 ‘naxal affected’ districts with the financial investment of Rs.30 crores per district per year under the ‘Integrated Action Plan’ for infrastructure development. Now this addition of 12 battalions is to be composed of mostly (75%) ‘local youths’. This raises the following questions:

• Question No 1: Who are the “local youths” to be recruited for the Reserve Battalions?

Answer: the ‘local youths’ are Adivasi youths

• Question No 2: who are the Maoists they should fight under the label of ‘Left Wing Extremism’?

Answer: they are also Adivasis labelled as ‘maoists’

• Question No 3: why should Adivasis be made to fight/kill Adivasis?

Answer: so Adivasi communities can be weakened and their unity can be replaced by distrust.
 
This is a plot to divide Adivasi Community and force Adivasis to fight/kill fellow Adivasis
 
Traditionally, the Adivasi Community, as we well know, is characterised by a sense of equality, mutual cooperation, communitarianness, consensus decision making, and closeness to nature. The so-called ‘modern’ society, on the other hand, stands for values which are just the opposite. Renowned scholars affirm that if nature and earth are going to be saved (from the rapacious greed of the developmental model that destroys land, water and natural resources) it will be only by the indigenous Adivasi peoples.
 
Currently,  the dominant capitalist society, supported by mighty state power, is waging a war against the  economically weakened Adivasi community.  Once it is weakened, its social and cultural values will disappear automatically. This process of weakening their economic base is being furthered by foisting one Adivasi against another.   
 
The Government is spreading a false picture: The Indian Government is spreading a serious misconception that Adivasis have come under the sway of Maoists, that they shelter and feed Maoists, they have become by and large supporters of Maoists and many of them have become Maoists themselves.  This is far from the truth. The reality is that Most Maoists are Adivasis but most Adivasis are not Maoists.
 
True, some of them have joined the militant forces mostly because of their rights over jal, jangal, jamin are being snatched away by the government in collusion with big business with hardly any rehabilitation or any alternate means of livelihood. But that does not entitle a government to blame the whole Adivasi community as being extremist.
 
Wherein lies the solution?  Certainly not through amassing more and more troops, supported by helicopters. Central Indian states have already become ‘police states’ with more than half a million para-military and police personnel stationed there.  Practically every village has a police post and people cannot even move around on a day to day basis, without being stopped, questioned, searched because all the people have become ‘suspects’.  This cannot go on indefinitely.
 
If the government wants to end its self-created extremism, the only way is to honestly acknowledge the traditional rights that Adivasi Communities have enjoyed over their natural resources. There are clear constitutional provisions, parliament enactments, Supreme Court verdicts meant to protect their rights.
 
To spell out just the most significant of these:

• Abide by the Vth Schedule of the Constitution which empowers the Tribes Advisory Council  (TAC) to approve or disapprove any project meant for the tribal people. It directs the Governors of the ‘Scheduled Areas’ states to seek the advice of the TAC and instruct the government of the respective states to act as per the advice of TAC. Unfortunately no governor has ever  acted as per the provisions of the Vth Schedule. It is time they do so.
• Implement the Scheduled Tribes/Scheduled Caste [ST/SC] (Prevention of Atrocities) Act 1989 by which any non-tribal person/officer infringes on the economic, social rights of tribals must be punished. With recent amendments, late this law has been more stringent. It only needs rigorous implementation.
• Empower the Gram Sabhas through the Panchayats (Extension to Scheduled Areas) Act 2006 which authorizes  Gram Sabhas as the custodians of their tradition, culture and as consultants when displacement , rehabilitation  measures are to be worked out and whose consent is necessary when their land and natural resources are to be alienated from them for specific projects. Tragically these legal provisions are neatly ignored by the governments, state and central.
• The Supreme Court’s Samata Judgment 2007 should be carried out in letter and spirit because it clearly mandates that coal mining in Scheduled Areas cannot be undertaken by any private company  nor even by the government, but it can only be handled by tribal cooperatives and it is the government’s responsibility to functionalize this process. Sadly nobody even thinks of this significant judgment of the SC, let alone apply its fundamentals.
• The Forest Rights Act 2006 is an important legislation passed by the Indian parliament in the history of tribal empowerment especially relating to tenure security on forests and forest land. It is a legislation created with the intent to recognize, vest and record forest rights of the forest dwellers who have been residing in such forests  for generations and whose rights could not be recorded, due to which they underwent a serious historical injustice.  But sadly the injustice continues to be done. At an all India level, only about half of applications under the Act have been granted rights. Even those who get their patta, receive only a small portion of what they have actually claimed.  To make matters worse, a recent amendment to the Act does away with the power of Gram Sabhas insofar as their consent is not required to give forest land to companies.  Through an executive decision this power has now been given to the District Collector. So where will poor forest-dwelling Adivasis go?
• ‘Owner of the land is also the owner of sub-soil minerals’ The 2013 SC judgment makes it clear that the State/government is not the owner of sub-soil minerals. If the government wants that particular mineral, it must buy it from the land owner. That means that a Gram Sabha can say yes or no to selling its minerals. It also means that it is the Gram Sabhas have the power to excavate and market the minerals to companies whether public or private. This way rural communities can acquire legitimate wealth and become economically independent and well to do. This will lead them to social and political development and enable them to assume their due place within society.                                                                                       Very understandably, the government, the industrial and business class has chosen to neatly ignore this order of the judiciary. For obvious reasons. Gram Sabhas have to take the initiative and assert their natural right over natural resources.

 
Given the above considerations. . .
 
The Government’s decision to create Tribal Battalions is unjust and unwarranted. They are meant to weaken tribal communities by making Adivasis fight/kill one another. The ultimate aim is to make them leave their land with all its mineral resources so that this rich resource can be handed over to corporate houses.  This trickery of the government must be resisted at all costs.
 

The post Who is responsible for Extremism or Naxalism? appeared first on SabrangIndia.

Stan Swamy listed all the activities that have made him a ‘Desh Drohi,’ a traitor of the country, in his open letter after he was charged with sedition. This short note was written by Fr Stan Swamy after the Jharkhand authorities filed a case of sedition against him for supporting the adivasi Pathalgadi movement. He is one of 20 activists accused of sedition, a committed Jesuit priest.
 
During the past two decades, I have identified myself with the Adivasi people and their struggle for a life of dignity and self-respect. As a writer, I have tried to analyse the different issues they are facing. In this process, I have clearly expressed dissent with several policies, laws enacted by the govt in the light of the Indian Constitution. I have questioned the validity, legality, justness of several steps taken by the govt and the ruling class.
 
As for the Pathalgadi issue, I have asked the question “Why are Adivasis doing this?” I believe they have been exploited and oppressed beyond tolerance. The rich minerals which are excavated in their land have enriched outsider industrialists and businessmen and impoverished the Adivasi people to the extent there are starvation deaths taking place.
 
They have had no share in what is produced. Also, the laws and policies enacted for their wellbeing are deliberately left unimplemented. So they have reached a situation where they realised ‘enough is enough’ and are seeking to re-invent their identity by empowering their Gram Sabhas through Pathalgadis. Their action is understandable.
 
Some questions that I have raised are as follows:
 
1. I have questioned the Non-implementation of the 5th Schedule of the Constitution [Indian Constitution, Article 244(1)]clearly stipulates that a ‘Tribes Advisory Council’ (TAC) composed solely of members from the Adivasi community who will advise the Governor of the State about any and everything concerning the protection, well-being and development of the Adivasi people in the State. The Governor is the constitutional custodian of the Adivasi people and he/she can make laws on his/her own and can annul any other law enacted by the parliament or state assembly always keeping in mind the welfare of the Adivasi people.
 
Whereas the reality is that in none of the States during all these nearly seven decades has any State Governor ever used his/her constitutional discretionary power to reach out to the Adivasi people proffering the excuse that they have to work in harmony with the elected government of the State. The meeting of the TAC takes place rarely, and it is convened by and presided over by the Chief Minister of the State and is controlled by the ruling party. TAC has thus been reduced to a toothless body. Verily a constitutional fraud meted out to the Adivasi people.
 
2) I have questioned why the Panchayats (Extension to Scheduled Areas) Act [PESA],1996 [No:40 of 1996] have been neatly ignored which for the first time recognized the fact the Adivasi communities in India have had a rich social and cultural tradition of self-governance through the Gram Sabha.                                                                                                                                     
Whereas the reality is this Act of the parliament has deliberately been left unimplemented in all the nine states. It means the capitalist ruling class does not want the Adivasi people to self-govern themselves.
 
3) I have questioned the silence of the govt on Samatha Judgment, 1997 of the Supreme Court [Civil Appeal Nos:4601-2 of 1997] which came as a huge relief to the Adivasi communities in Scheduled Areas. It came at a time when consequent to the policy of globalization, liberalization, marketisation, privatisation national and international corporate houses started to invade particularly the Adivasi areas in central India to mine the mineral riches. The govt machinery gave its full cooperation to these companies. Any resistance by the Adivasi people was put down with an iron hand. The judgment was meant to provide some significant safeguards for the Adivasis to control the excavation of minerals in their lands and to help develop themselves economically.
                                                                                                      
Whereas the reality is the state has ignored this verdict of the highest court. Several cases have been filed by affected communities but the ‘law of eminent domain’ of the colonial rulers are invoked to alienate Adivasi land and to loot the rich mineral resources.
 
4) I have questioned the half-hearted action of govt on Forest Rights Act, 2006: [Act of Parliament No:2 of 2007] jal, jangal, jamin, as we know, are the basis of the economic life of the Adivasi people. Of particular importance is their traditional rights in the forest have been infringed upon systematically over the decades. At long last, the govt came to the realization that a historic injustice has been done to the Adivasi and other traditional forest-dwellers. To correct this anomaly, it enacted this Act.
 
Whereas the reality is far from desirable. From 2006 to 2011 of its operation, about 30 lakh applications were made all over the country for title-deeds, of which 11 lakhs were approved but 14 lakhs were rejected and five lakhs were pending. Of late the Jharkhand govt is trying to bypass the Gram Sabha in the process of acquiring forest land for industrial set up.
 
5) I have questioned the inaction of the govt to carry out the SC order ‘Owner of the land is also the owner of sub-soil minerals’. [SC: Civil Appeal No 4549 of 2000] wherein it has said “we are of the opinion that there is nothing in the law which declares that all mineral wealth sub-soil rights vest in the State, on the other hand, the ownership of sub-soil/mineral wealth should normally follow the ownership of the land, unless the owner of the land is deprived of the same by some valid process.”
 
The rich minerals in their lands are being looted by the govt and private companies. The Supreme Court has declared 214 out of the 219 Coal-Blocks in the country illegal and ordered their closure and levied a fine on them for their illegal mining. But the Central & State Govts have found a way out by re-allotting these illegal mines through auction to make it look legal! 
 
6) I have questioned the reasons why SC observation is being ignored that ‘Mere membership of a banned organisation will not make a person a criminal unless he resorts to violence or incites people to violence or creates public disorder by violence or incitement to violence. [SC: Criminal Appeal No: 889 of 2007]. The court rejected the doctrine of ‘guilt by association’. 
 
It is common knowledge that many young men and women are held in prison on the suspicion of being “helpers of Naxalites”. After arresting them other penal clauses are added on. It is an easy label that can be put on anyone whom the police want to catch. It does not require any proof or witness. Supreme Court says even membership in a banned organisation does not make a person a criminal. How far removed are the law and order forces from the judiciary!
 
7) I have questioned the recently enacted Amendment to ‘Land Acquisition Act 2013’ by Jharkhand govt which sound a death-knell for the Adivasi Community. This does away with the requirement for “Social Impact Assessment’ which was aimed at safeguarding the environment, social relations and cultural values of affected people. The most damaging factor is the govt can allow any agricultural land for non-agricultural purposes. So, any and everything can be included.
8) I have questioned ‘Land Bank’ which I see as the most recent plot to annihilate the Adivasi people.
 
During ‘Momentum Jharkhand’ in February 2017 the govt announced that 21 lakh acres in Land Bank of which 10 lakh acres is ready for allotment to industrialists.
 
Gair-Majurwa” land (uncultivated land) can be ‘khas’ (private) or ‘aam’ (common). As per tradition, individual Adivasi families or communities have been in possession and use this land [jamabandi]. Now the govt shockingly cancelled all ‘jamabandi’ titles and claims that all ‘gair-majurwa’ land belongs to the govt and it is free to allot it to anybody (read industrial houses) to set up their small and big industries.
 
People are in the dark about their land being written off. The TAC has not given its approval as is required by the Vth Sched., the respective Gram Sabhas have not given their consent as required by PESA Act, affected Adivasi people have not given their consent as required by Land Acquisition Act (2013).
 
Above are the questions I have consistently raised.   
 
If this makes me a ‘Desh Drohi’ then so be it!

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