The killing of Fr Stan Swamy

By abhay mokashi

Father Stan Swamy was allowed to die a miserable death because he was a threat to the ruling class, represented not merely by the currently ruling Bharatiya Janata Party (BJP), but also political parties like the Congress.

Fr Swamy’s biggest offence was that he stood for the most deprived and under-privileged classes in the country, the Dalits and the tribals. Various governments at the Centre have failed to liberate these sections of the society from poverty and deprivation of benefits of development.

Over the years, almost all ruling political parties in the country, have concentrated on the well-being of the haves and have merely made tall promises to the have-nots during elections. These political parties have endorsed the promises election after election, leaving the Dalits and especially the tribals deprived of proper employment, good health care, education, housing and clean water, to say the least.

Inclusive development is not thought of when it comes to new schemes. The first section of the society that is targeted during developmental projects, whether of the public sector or the private sector, is the tribals. Time and again, the tribals have been pushed away from their lawful land, on which they have lived for generations. Such a situation is not confined to India alone the world over the natives, the aboriginals, are being deprived of their land and their livelihood, in the name of development. The tribals in India have meekly surrendered to the onslaughts of these fathers of development.  

While majority of the population is either unaware and ignorant about the situation of the tribals, there are many who prefer to ignore these issues. Some try to come close to these deprived sections in the society by wearing tattered clothes as fashion; it is not clear whether it is solidarity with them or mockery of their situation.

However, there is a small section of people, whose conscience is alive and their hearts bleed for the people who are denied an opportunity to live a fairly decent life. One such person was Fr Swamy.

Fr Swamy, who had done his Masters in Sociology and who headed the Indian Social Institute in Bengaluru for 11 years, had questioned the failure of the government to setup Tribes Advisory Council, with members only from the tribal community, as stipulated under the Fifth Schedule of Constitution of India. The Constitutional provision is for the well-being, development and protection of the tribal communities.

Later, having moved to Jharkhand, a state with a large tribal population, he started working for the welfare of the tribals and stood up for their rights. He was active in the Jharkhand Organisation against Uranium Radiation (JOAR), a campaign against the public sector firm Uranium Corporation of India. He also fought for the rights of the people displaced from Bokaro, Santhal Parganas and Koderma, due to the ‘developmental projects’.

The Maoists and the Naxalites have also been raising their voice in defence of the rights of the tribals across the country. The violence by Maoists and Naxalites has to be condemned and at the same time there is a need to condemn the violence and atrocities by the State machinery against the tribals. The failure of the State to give the tribals their rightful benefits of development and social welfare has to be condemned too.

However, whether it was the Congress government or it is the BJP government, those speaking for the tribals and the deprived have always been branded as Naxalites, condemned and some have been arrested to0; Fr Swamy was one of them.

Fr Swamy and Sudha Bhardwaj established Persecuted Prisoners’ Solidarity Committee (PPSC) to fight for the release of over 3,000 men and women imprisoned on charges of being Maoists.

The National Investigation Agency (NIA) arrested Fr Swamy on October 8, 2020 under the Unlawful Activities Prevention Act (UAPA) alleging that PPSC was a front to collect funds for the Maoists. Section 53D(5) of UAPA has put stringent bar on grant of bail to a person arrested under the Act. As a result, the 84-year-old Fr Swamy, a patient of Parkinson’s disease, hard of hearing in both the ears and who suffered other morbidities, was denied bail.

He had complained about the lack of proper hygiene and medical facilities in the Taloja jail, where he contracted COVID 19. What prevented the Maharashtra Government to ensure proper facilities in Taloja and other jails in the state?

Even if the charges levelled against Fr Swamy are true, his Right to Life could not have been denied. Even a person awaiting the execution of a death sentence has a right to a decent life, till s/he is hanged.

Prime Minister Narendra Modi had criticised ‘archaic laws’ and scrapped some of them. The scrapping of some laws or amendment of some others, was for the benefit of the rich and the corporates, not for the underprivileged.

There are enough provisions in the Indian Penal Code to punish those involved in unlawful activities, so there is no need to have the UAPA. The UAPA was brought in by the Congress government, but it was made more stringent by the BJP-led government. Modi should scrap the Contempt of Courts Act, some provisions on the Privileges of the Parliament and Legislatures, UAPA and Official Secrets Act, among other laws and provisions.

The citizens cannot be denied their right to speak against the government, such act, cannot and should be considered as an act against the nation, as such the section on sedition should be scrapped.

The NIA claimed that Fr Swamy collected funds for the Maoists. He had raised his voice in support of those imprisoned, who have a right o fight for legal justice. Collecting funds to help such people fight their case, cannot be considered an offence, even if Fr Swamy had done so.

In Fr Swamy’s death, a clear message has been sent that those who raise their voice for the tribals and the underprivileged that they will be arrested. The underprivileged are in a majority in the country. If they unite and fight for their rights, the incumbent government will be in trouble and Modi and his team cannot afford that. Only a coward can be scared of an old and infirm man.

Those guilty of circumstances leading to Fr Swamy’s death will not be punished by any law. If their conscience is alive, it will not let them live in peace.