 "Arundhati Roy faces anti-terror charges; activists, politicians speak out")
Over 200 Indian academics, activists, and journalists have signed a letter demanding the Indian government retract its decision to prosecute Booker Prize-winning author Arundhati Roy under the Unlawful Activities (Prevention) Act (UAPA), according to a report by The Guardian. Additionally, a petition on Change.org has begun seeking signatures condemning the government for its persecution of Roy and Sheikh Shauk.
Many politicians have also been vocal about their disapproval of the action taken by the Indian government, which appears to be an extreme reaction to a colonial-era charge.
This anti-terrorism law makes securing bail difficult for the accused, which can often lead to individuals serving years in prison while awaiting trial.
In the letter, reported by The Guardian, signatories condemned the National Democratic Alliance (NDA)-led central government for enacting such a stringent law against the writer.
“We the concerned citizens of India deplore this action and appeal to the government and the democratic forces in the country to ensure that no infringement of the fundamental right to freely and fearlessly express views on any subject takes place in our nation,” the group wrote in the letter.
Background of the case against Arundhati Roy
Arundhati Roy and former professor Sheikh Showkat Hussain are accused of delivering provocative speeches during an event in Delhi in 2010. The speeches allegedly advocated for the secession of Kashmir from India.
The controversial conference, held on October 21, 2010, was titled ‘Azadi - The Only Way’ and took place at LTG Auditorium, Copernicus Marg in New Delhi. The event featured several prominent figures, including Syed Ali Shah Geelani, SAR Geelani, Varavara Rao, and Sheikh Showkat Hussain.
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During this event, Roy reportedly stated that Kashmir had never been “an integral part of India.”
FIR registered against Arundhati Roy
The First Information Report (FIR) was based on a complaint filed by social activist Sushil Pandit on October 28, 2010. Pandit, who attended the seminar, raised the complaint under Section 156(3) of the Criminal Procedure Code (CrPC). The Metropolitan Magistrate Court in New Delhi directed the registration of an FIR on November 27, 2010.
The decision to prosecute came 14 years after the initial complaint surprised the public and drew criticism, raising questions on the timing of the proceedings. A report by Scroll also noted the lack of transparency around why the speakers were being persecuted. The report also added that Kashmiri separatist leader Sayed Ali Shah Geelani and Delhi University lecturer Syed Abdul Rahman Geelani have also been named in the initial complaint, however, both have since passed.
Legal proceedings against Arundhati Roy
Last October, Delhi’s Lieutenant Governor Vinai Kumar Saxena granted permission to prosecute the speakers under various sections of the Indian Penal Code (IPC). These included charges for promoting enmity between different groups (Section 153A), making assertions prejudicial to national integration (Section 153B), and statements conducting public mischief (Section 505).
The Supreme Court had previously stayed prosecution under the IPC’s sedition law, which influenced Saxena’s decision not to sanction prosecution under this particular section but acknowledged that grounds existed for other charges.
Last week, Saxena sanctioned the prosecution of Roy and Hussain under the UAPA. This allows the government to bypass the statute of limitations associated with the IPC sections and leverages a broad definition of “unlawful activities,” echoing phrases used in sedition laws.
As of now, neither Roy nor Hussain has issued any response to the prosecution sanction.
Reactions and controversy to anti-terror charge
The decision has drawn significant criticism from various Opposition political parties, condemning the persecution.
The National Conference (NC) highlighted the importance of free speech as guaranteed by Article 19 of the Constitution and condemned the use of anti-terror laws to suppress dissent.
People’s Democratic Party (PDP) leader Mehbooba Mufti described the sanction as ‘shocking’, condemning it as an act of frustration.
Nationalist Congress Party (SP) Chief Sharad Pawar labelled the decision a misuse of power, arguing it serves no purpose other than to illustrate the ruling government’s hardline stance despite recent electoral setbacks.
Who is Arudhanti Roy?
Suzanna Arundhati Roy, better known as Arundhati Roy, was born in Shillong, Meghalaya before moving to Kerala at the age of 2.
Roy studied architecture at the School of Planning and Architecture in Delhi and went on to work as a screenwriter for television and movies. During this time she also began critiquing movies and books.
Her literary breakthrough with the Booker Prize-winning novel The God of Small Things in 1997, made Roy a household name in India.
Arundhati Roy has been a vocal critic of various Indian governments. Her critiques span capitalism, minority treatment, globalisation, and human rights issues, drawing both praise and censure.
The prosecution of Arundhati Roy and Sheikh Showkat Hussain under the UAPA has raised significant discourse in the country around free speech, dissent, and the use of anti-terror laws.