The celebrated author of The God of Small Things and social activist Arundhati Roy is known for her fiery tongue for the criticism of the government. It earned her a prosecution under Section 13 of the Unlawful Activities (Prevention) Act, 1967. An FIR was registered against her and former law professor at the Central University of Kashmir, Sheikh Showkat Hussain, in 2010 on the behest of complaints lodged by Sushil Pandit, another social activist from Kashmir, at the Tilak Marg police station in New Delhi. Following his complaint, Delhi Police registered an FIR against her and many others in 2010.
14 years have almost passed since the FIR was registered against her, but nothing has happened so far. Although last October of the previous year, 2023, LG had also sanctioned her and many others under Section 196 of the CRPC.
A conference titled ‘Azadi'—The’ Only Way was organized at the LTG Auditorium at Copernicus Marg in Delhi. Sushil Pundit wrote in his petition that they all discussed the separation of Kashmir from India. His complaint appeared to be valid because some of the Huriyat leaders attended the conference too such as Syed Ali Shah Geelani, SAR Geelani and Maoist Sympathiser Varvara Rao, also an accused of Bhima-Koregaon case.
They are all accused of discussing the release of political prisoners, the separation of Kashmir, and many other grave matters related to the peace and security of a sovereign state. Many pieces of physical evidence were submitted in support of complaints filed by Kashmir social activists, such as CDs and DVDs. They were heard saying that the state of Jammu and Kashmir had never been part of India. It was an illegal occupation by the Indian Army. And they all mustered up their courage to snatch it from the government of the day.
Basically, now that the case is subjudiced, any discussion will not be meaningful, but some political questions are pertinent to be asked at this juncture. Everyone knows that India is a union of states, and all states signed a legal document called the Instrument of Accession. Even then, the king of Jammu and Kashmir, Hari Singh, signed this legal document of subjugation to become part of India; therefore, any question of forceful subjugation does not seem to be valid. And, for intellectuals like Arundathi Roy, the booker prize winner of the 1997 discussion, using it to fuel the strength of separatists is not justified, and it must be tested before a court to find any merit out of it.
However, in a democratic country such as India, suppressing the voice of dissent is equally unjustifiable. The author of a book also falls into the category of mass media, which is considered the fourth pillar of democracy. The differences of opinions and discussions make democracy vibrant. And India enjoys the status quite handsomely. Therefore, we all need to be patient and tolerant about the prosecution of Arundhati Roy.