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The death in custody of an 84-year-old Jesuit who dedicated his life to the inhabitants of India’s indigenous forests infuriated activists who said the priest is a victim of Narendra Modi’s relentless repression of dissent.
Meenakshi Ganguly, director of Human Rights Watch in South Asia, said the “heartbreaking” circumstances of the death of Father Stan Swamy on Monday exposed the growing gap between India’s claims about democratic credentials and its use of harsh anti-terrorism laws to silence its critics.
“It is not at all a progressive and free civil society that they boast of when looking for investments in India or looking for an Indian voice in global affairs,” Ganguly said on Tuesday.
“The authorities use such draconian laws because people will not get bail. . . They use the power of the state to punish anyone who they think disagrees with them.
Swamy, who was arrested nine months ago on suspicion of Maoist rebel ties, was denied bail several times, despite being so severely affected by Parkinson’s disease that he could barely have a cup to drink water. He was never tried.
The priest was the eldest of a group of prominent human rights lawyers, academics, and writers imprisoned under anti-terrorism laws for their defense of marginalized groups. These include indigenous and Dalit tribes, the untouchable ancients of the Hindu caste system.
“Today, the speech itself is a crime, the speech itself is a sedition,” said Colin Gonsalves, a human rights lawyer. “The government considers the speech, even the nonviolent one, to be as lethal as an AK-47.”
Father Stan Swamy died in prison Monday
From a South Indian Catholic family, Swamy spent 11 years as director of the Indian Social Institute, run by the Jesuits of Bangalore, which trains grassroots organizers working with marginalized communities. In 1986, the soft-spoken priest moved to the remote eastern region of India to support the inhabitants of the indigenous forests. adivasis, who are among the most disadvantaged groups in the country.
For 34 years, Swamy tried to help tribal groups assert their legal rights, even against powerful corporate and political interests eager to undermine mineral-rich tribal lands. But as the conflict between tribal communities and a resource-hungry state intensified, activists said the priest was increasingly seen as a cause of trouble.
“Corporate interests have been to get the land of the adivasis, which was challenging, ”said Father Joseph Xavier, director of the ISI. “She never defended any violence. He defended peace. But he demanded that the government do justice to the tribals.
In 2017, Swamy filed a public interest litigation, which highlighted the plight of the alleged Maoist rebels who suffered years in prison without trial.
Swamy was arrested in a night raid on his home on October 8, as India’s first wave of coronavirus was at its peak. He was accused of Maoist ties, flew to Bombay and was sent to overcrowded Taloja prison.
Like many other political activists and dissidents imprisoned while awaiting trial, Swamy was detained under the Illegal Activities Prevention Act, a law intended to be used in cases of terrorist attack of mass victims.
The law suppresses the presumption of innocence, which according to lawyers made it virtually impossible for the defendant to obtain bail.
Many analysts believe that the government of Prime Minister Narendra Modi is using harsh national security legislation, including anti-terrorism and sedition laws, against high-profile activists to deter Indians from participating in political activism or publicly oppose government policies.
“They treated him very badly and use him as an example to suppress any kind of disagreement,” said Father Frazer Mascarenhas, a former student of Swamy. “His intention is to scare people with the idea that they would be treated similarly.”
The judges begin to back away. Last month, Delhi High Court bail granted to three student activists detained for a year for protesting against India’s new citizenship rules.
“It seems that in their anxiety to suppress dissent, in the mind of the state, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be blurring,” the judges wrote. “If that mentality gained strength, it would be a sad day for democracy.”
At his last bail hearing in May, Swamy described his deteriorating physical health in prison and said he could hardly eat or bathe without help. He asked to be released on bail to return home and predicted he would die “soon” in prison. A few weeks later he tested positive for Covid-19.
“Everyone knew he was too sick to survive like that and his health was getting worse,” Gonsalves said. “It’s death by appointment, it’s the murder of a man by denial of bail. That’s how I see it.”
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