The death of Father Stan Swamy in custody is a reminder of how India’s criminal justice system has collapsed and is being used by the party in power to criminalise activists, writers, dissenters and political opponents. One needs to look at the sequence of events since 2014 after Narendra Modi government came to took. NGOs, civil society and human rights organisations and activists were targeted in the ‘first phase’ which perhaps went unnoticed as most of the people were fighting for the rights of the most marginalised such as Dalits and Adivasis. 

Issues of Dalits and Adivasis never get cover stories or front-page new items unless and until you project the ruling party as the ‘champion’ of their cause and the policies initiated by the government useful for them. Look at the silence of the media today. None is questioning the unaccountability of these agencies which can make and unmake people criminals according to their conveniences. 

Father Stan Swamy was a pious man working for the rights of Adivasis in Jharkhand. A man who was born and brought up in Trichy, Tamil Nadu and later worked in Bangalore but his heart was always with the Adivasis. He loved them and stood for their rights. Imagine a person who hailed from an entirely different region with a different language and cultural background and become one of the most respected social activists of the area. 

He was director of Indian Social Institute, Bangalore between 1975-1986, and would have enjoyed his retired life anywhere in the South but his convictions brought him to Ranchi where he created an institution named as ‘Bagaicha’ or garden. A visit to Bagaicha will show you why the Adivasis loved and respected him so much. At the place, you will find beautiful statues of Adivasi heroes such as Birsa Munda and others. There is a martyrs’ memorial in which names of all Adivasis who were killed protecting their rights are inscribed. Perhaps, the ‘power’ is always afraid of people on the margin knowing their history and power.

I do not claim to know him personally though I interviewed him and knew him through his work. Whenever we wanted any one from Jharkhand to speak on the issues of Adivasi question, Father Stan Swamy would be the first choice.  His was such a gentle and soft voice that nobody can ever think that he would be supporting ‘insurgency’. Why should Adivasis be seen as ‘insurgent’ in their own land? 

The Pathalgarhi movement was Adivasis fight for protecting their land. It is ironic that thugs and mercenaries who are just looking at the Adivasi spaces through their greedy eyes are terming the issue of rights of Adivasis as unconstitutional. The historical struggle launched by the legendary Birsa Munda, Tilaka Majhi, Siddho-Kanho brothers in the entire Jharkhand region was nothing but protecting their land and forests from the ‘dikkus’ i.e. outsiders. Rather than introspecting, the previous government in Jharkhand was on a marketing spree capturing Adivasi land and making them homeless in their own land.

When I spoke to Father Stan Swamy a few years back, he was absolutely confident that nothing would happen to him as he was only fighting his battle non-violently and democratically. The biggest irony is that a man dedicated to peace and non-violence was charged with ‘spreading’ violence at Bhima Koregaon which has nothing to do with him. 

Father Stan Swamy is a ‘free’ man now. The State can’t do anything. It has exposed itself to the international community that our institutions are not merely collapsing but also compromised. We used to say that for a stronger and healthier democracy, people need independent media and judiciary as both become the watch dog at the time when ‘powers’ are intoxicated, but in India both have deeply disappointed right-thinking people.

The courts are not questioning the narrative of the probing agencies. Judges are transferred if they take an independent position and the case of Justice Muralidhar is an example. Media is part of the conspiracy and never have media become a bigger threat to democracy as it has become today. It legitimises the narrative being built up by the ruling party through the probe agencies. Courts are unable to pull up agencies for their delay or failure to probe cases even after two or three years. People are incarcerated in jail, suffering in silence and facing threat to their lives in this age of Covid 19 and yet there are no questions asked.

These are difficult times for all of us. Father Stan Swamy got martyred for a cause. He did not compromise his principles and continued with them. He led a life which we all are proud of. He had a sensible voice. If saner voices who speak of unity of the country, constitutional power and rights of the marginalised are being made criminals by the government agencies then the future of the country is bleak. Our Constitution is already torn. Journalists like Siddique Kappan are in jail for reporting a case. Courts are unable to ask serious questions or take the political leadership to task.

The question is whether the judiciary will act on it. Whether there will be an introspection that enough is enough and our institutions need to assert their independence and autonomy. Protect the rights of the human rights defenders and allow them to breathe. None of them will speak for violence and hatred. These are critical moments for all. The only thing is whether our courts will now realise enough is enough, it is time to act and seek accountability from the executive.

Father Stan Swamy will now be part of folklore in Jharkhand. His dedication and conviction will remind us to stand tall on the face of a fascist regime. Speak truth to the power. It is bitter. It can take our life but ultimately it will give life to the lifeless suffering due to despondency of the political leadership in the country.

It is time for our judiciary, civil services and media to ponder over seriously as to whether such laws should not be scrutinised or whether these laws are violating the constitutional principles or international treaties and covenants that we claim proudly part of. Civil society is speaking but it has been harassed, humiliated and violated as if that was the first task of the government for the country.

One may or may not agree with the political views of any ‘accused’ but nobody would say that they are Naxals or operating against the Constitution of India. For that matter even Naxals or Pakistanis or anti-nationals will have to face the same law. Nobody in any society and country can be prosecuted without being given a fair chance to prove his or her innocence. UAPA violates the basic premise of the law. Now, the accused have to prove themselves innocent. Moreover, the procedures are such that if you are above sixty or facing various ailment then it is ‘capital punishment’ without trial or final judgment. 

In Covid time, the authorities, whether judicial or police, should have been more sensitive. Of course, the biggest offender in this is the political leadership which shamelessly builds up the vicious narrative through their ‘propaganda’ machinery. Father Stan Swamy fell to this insensitive regime because he spoke the truth and stood tall. 

We don’t know whether those who selectively and in a calculated manner criminalised the respected intellectuals, authors and activists, will ever do any introspection or show remorse. It never happened when Graham Stains and his two children were burnt in their vehicle. Till date, they defend the goons and thugs who were engaged in heinous crimes and I am sure they won't retreat. They will bring ‘new evidences’ to further justify their criminal act but we hope people would definitely feel the pain and anguish of an 84-year-old man who was denied basic dignity and human rights in Jail. It happened to Father Stan Swamy and it could happen to anyone who the regime feels is against their political ideology. 

With one judgement, Justice H R Khanna became immortal in legal parleys. Though there have been many chief justices and other judges after him but whenever the country remembers of human rights and civil liberties, Justice Khanna’s name is taken with great reverence.

Let us see how the ‘system’ moves after it has killed an innocent man without trial. 

A big salute to Father Stan Swamy.