India and the fear of democracy

by VINAY LAL

JNUSU President, Kanhaiya Kumar, Being Arrested by the Delhi Police

Recent events at Jawaharlal Nehru University (JNU), India’s premier university, are an ominous sign of the Modi Government’s relentless assault upon democracy.  The arrest, around ten days ago, of Kanhaiya Kumar, a graduate student at JNU who serves as the JNU Students Union President, on charges of sedition and criminal conspiracy under Sec. 124A of the Indian Penal Code has been roundly condemned all over India.  If convicted under this colonial-era legislation, Kumar could in principle receive a sentence of life imprisonment.  The campus of this venerable institution, whose alumni feature prominently in the political, social, and intellectual life of the country, was turned for several days into a fortress with armed police at every corner.  Widespread demonstrations by faculty and students at the police crackdown led to suspension of classes and campus life remains seriously disrupted at this time.

It is not the first time that Indian democracy has been put under severe stress, but this is surely one of the gravest tests to which the country is being subjected since an emergency was imposed by then Prime Minister Mrs. Indira Gandhi for 21 months commencing in mid-1975.  The present chain of events was set in motion when some students at JNU decided to hold a protest meeting on February 9 to mark the third anniversary of the hanging of Afzal Guru, a Kashmiri militant who was founded guilty of the attack upon the Indian Parliament in 2001 and handed a death sentence by Indian courts. Afzal Guru’s conviction was always under a cloud of suspicion.  In its 2003 judgment, the Delhi High Court implied that Guru had been tried by the court of popular opinion and found guilty, and that the court was obligated to follow “the collective conscience of the society.” The JNU students are not the only ones who have termed the hanging of Afzal Guru, carried out in Delhi’s Tihar Jail in secret, a “judicial killing”.

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