In some ways it is sad and interesting to see how personal liberty is viewed in India. And how it differs from those having the highest fame and power can get a different kind of justice then the rest cannot.
This particular gentleman is a class apart. He is the editor as well as Republic TV, a right-leaning channel which demonizes the minority, women whatever is antithesis to the Central Govt. of India. As a result there have been a spate of cases against him in the past few months. But surprisingly, in each of them he got hearing the day after the suit was filed. This is unique in Indian legal history so much so that a popular legal site which publishes on-going cases put up a post sharing how he was getting prompt hearings. That post itself needs to be updated as there have been 3 more hearings which have been done back to back for him. This is unusual as there have been so many cases pending for the SC attention, some arguably more important than this gentleman . So many precedents have been set which will send a wrong message. The biggest one, that even though a trial is taking place in the sessions court (below High Court) the SC can interject on matters. What this will do to the morale of both lawyers as well as judges of the various Sessions Court is a matter of speculation and yet as shared unprecedented. The saddest part was when Justice Chandrachud said –
This is basically giving a free rope to hate speech. How can a SC say like that ? And this is the Same Supreme Court which could not take two tweets from Shri Prashant Bhushan when he made remarks against the judiciary .
J&K pleas in Supreme Court pending since August 2019 (Abrogation 370)
After abrogation of 370, citizens of Jammu and Kashmir, the population of which is 13.6 million people including 4 million Hindus have been stuck with reduced rights and their land being taken away due to new laws. Many of the Hindus which regionally are a minority now rue the fact that they supported the abrogation of 370A . Imagine, a whole state whose answers and prayers have not been heard by the Supreme Court and the people need to move a prayer stating the same.
100 Journalists, activists languishing in Jail without even a hearing
55 Journalists alone have been threatened, booked and in jail for reporting of pandemic . Their fault, they were bring the irregularities, corruption made during the pandemic early months. Activists such as Sudha Bharadwaj, who giving up her American citizenship and settling to fight for tribals is in jail for 2 years without any charges. There are many like her, There are several more petitions lying in the Supreme Court, for e.g. Varavara Rao, not a single hearing from last couple of years, even though he has taken part in so many national movements including the emergency as well as part-responsible for creation of Telengana state out of Andhra Pradesh .
Then there is Devangana kalita who works for gender rights. Similar to Sudha Bharadwaj, she had an opportunity to go to UK and settle here. She did her master’s and came back. And now she is in jail for the things that she studied. While she took part in Anti-CAA sittings, none of her speeches were incendiary but she still is locked up under UAPA (Unlawful Practises Act) . I could go on and on but at the moment these should suffice.
Petitions for Hate Speech which resulted in riots in Delhi are pending, Citizen’s Amendment Act (controversial) no hearings till date. All of the best has been explained in a newspaper article which articulates perhaps all that I wanted to articulate and more. It is and was amazing to see how in certain cases Article 32 is valid and in many it is not. Also a fair reading of Justice Bobde’s article tells you a lot how the SC is functioning. I would like to point out that barandbench along with livelawindia makes it easier for never non-lawyers and public to know how arguments are done in court, what evidences are taken as well as give some clue about judicial orders and judgements. Both of these resources are providing an invaluable service and more often than not, free of charge.
Student Suicide and High Cost of Education
For quite sometime now, the cost of education has been shooting up. While I have visited this topic earlier as well, recently a young girl committed suicide because she was unable to pay the fees as well as additional costs due to pandemic. Further investigations show that this is the case with many of the students who are unable to buy laptops. Now while one could think it is limited to one college then it would be wrong. It is almost across all India and this will continue for months and years. People do know that the pandemic is going to last a significant time and it would be a long time before R value becomes zero . Even the promising vaccine from Pfizer need constant refrigeration which is sort of next to impossible in India. It is going to make things very costly.
Last Nail on Indian Media
Just today the last nail on India has been put. Thankfully Freedom Gazette India did a much better job so just pasting that –
With this, projects like Scam 1992, The Harshad Mehta Story or Bad Boy Billionaires:India, Test Case, Delhi Crime, Laakhon Mein Ek etc. etc. such kind of series, investigative journalism would be still-births. Many of these web-series also shared tales of woman empowerment while at the same time showed some of the hard choices that women had to contend to live with.
Even western media may be censored where it finds the political discourse not to its liking. There had been so many accounts of Mr. Ravish Kumar, the winner of Ramon Magsaysay, how in his shows the electricity was cut in many places. I too have been the victim when the BJP governed in Maharashtra as almost all Puneities experienced it. Light would go for just half or 45 minutes at the exact time.
There is another aspect to it. The U.S. elections showed how independent media was able to counter Mr. Trump’s various falsehoods and give rise to alternative ideas which lead the team of Bernie Sanders, Joe Biden and Kamala Harris, Biden now being the President-elect while Kamala Harris being the vice-president elect. Although the journey to the white house seems as tough as before. Let’s see what happens.
Hopefully 2021 will bring in some good news.
Update – On 27th November 2020 Martin who runs the planet got an e-mail/notice by a Mr. Nikhil Sethi who runs the wikibio.com property. Mr. Sethi asked to remove the link pointing Devangana Kalita from my blog post to his site as he has used the no follow link. On inquiring further, the gentleman stated that it is an ‘Updated mandate’ (his exact quote) from Google algorithm. To further understand the issue, I went to SERP as they are one of the more known ones on the subject. I also looked it up on Google as well. Found that the gentleman was BSing the whole time. The page basically talks about weightage of a page/site and authoritativeness which is known and yet highly contested ideas. In any case, the point for me was for whatever reason (could be fear, could be something else entirely), Mr. Sethi did not want me to link the content. Hence, I have complied above. I could have dragged it out but I do not wish Mr. Sethi any ill-being or/and further harm unduly and unintentionally caused by me. Hence, have taken down the link.