Indian author Arundhati Roy, celebrated for her literary contributions, faces prosecution for comments she made about Kashmir nearly 14 years ago, stating that the disputed region is not an “integral” part of India. These remarks, made during a panel discussion in 2010, have now led to charges under the stringent Unlawful Activities (Prevention) Act (UAPA), as authorised by Delhi’s Lieutenant Governor VK Saxena, a member of Prime Minister Narendra Modi’s BJP party.

Understanding the UAPA and its implications for free speech

According to the Press Trust of India, Saxena’s decision allows for legal action against Roy under laws that were intensified by the Modi administration in 2019. The revised and controversial UAPA allows the detention of suspects for up to 180 days without charge, specifically authorising individuals to be classified as terrorists without direct links to recognised terror groups. This amendment led to a 37 per cent increase in arrests in 2019, with 1,948 individuals detained.

The enforcement of these charges stems from a First Information Report (FIR) lodged following the directives of the Court of Metropolitan Magistrate in New Delhi. The report accuses Roy and former Central University of Kashmir professor Sheikh Showkat Hussain of advocating for Kashmir’s secession from India. This FIR, an important step in the legal proceedings against them, categorises their speeches as potentially terror-related activities.

Following the resurfacing of Roy’s statements, her residence in Delhi was besieged by protesters, showcasing the heated public sentiment regarding her remarks. In response to the outcry and subsequent legal actions, Seven Stories Press, Roy’s publisher, took to social media to condemn the proceedings, labelling them “a clear case of political persecution by an authoritarian government.”

Why is the Indian government prosecuting Arundhati Roy over Kashmir?

The conference in question, titled “Azadi: The Only Way,” took place on October 21, 2010, and was pinpointed by authorities as a platform where secessionist ideas were propagated. The governor’s office reiterated that the discussions promoted the idea of separating Kashmir from India.

Roy, a Booker Prize winner for “The God Of Small Things,” has been a vocal critic of the Modi government, particularly criticising its policies towards minority groups and press freedoms. Her activism and outspoken stance have often positioned her at odds with the current administration.

The backdrop to this legal action includes the longstanding conflict between India and Pakistan over the Kashmir region, a dispute that dates back to 1947 when the princely state opted to join India during partition. Both nations claim the entire region but control only parts of it.

This prosecution arrives shortly after the BJP experienced major setbacks in India’s elections, where they failed to secure a majority for the first time since 2014, although Modi retained power through coalition agreements. Critics suggest that the timing of Roy’s prosecution could be politically motivated, linking it to the BJP’s recent electoral performance.

Global voices rally behind Arundhati Roy

Prominent voices from various fields have rallied in support of Roy, reiterating the perceived injustice of the case. Trinamool Congress Party MP Mahua Moitra denounced the use of UAPA against Roy as symptomatic of fascism, a sentiment echoed by author Hari Kunzru who recalled Modi’s alleged past actions against Roy. He said: “Modi has been out to get her since the days when she spoke out about his complicity in the 2002 Gujarat riots. She once told me a terrifying story about having to escape via the roof of an Ahmedabad guesthouse when police came to question her.”

Author Amitav Ghosh called the charges “unconscionable,” advocating for international attention to the case.

While, poet Zeeshan Joonam and former Greek Finance Minister Yanis Varoufakis also voiced their support, with Varoufakis drawing parallels with the treatment of Julian Assange and questioning the potential international response to Roy’s prosecution.

The case against Roy is set to become a focal point of discussions on free speech, political dissent, and the application of anti-terror legislation in India, drawing widespread attention both domestically and internationally.

Image credit: jeanbaptisteparis