Open Letter to CJI Chandrachud Highlights Concerns Over Erosion of Democratic Rights

New Delhi- In a poignant open letter addressed to Chief Justice D.Y. Chandrachud, members of various civil society groups and activists have expressed deep concerns over the diminishing space for democratic dissent in India. Dated January 2, the letter serves as both an appeal and a query regarding the citizens' right to freedom of speech and expression, a cornerstone protected under the Indian Constitution.

Activists from Campaign Against State Repression and various civil rights organizations have written the letter that details a disconcerting trend of cancelling permissions for programs focused on social critique, along with the banning of peaceful protest gatherings on issues concerning democratic and constitutional rights. The activists cite specific instances, such as the denial of permission for a gathering and the subsequent use of vague "law and order" arguments to justify cancellations.

The most recent such incident took place on December 10, 2023, during the global celebration of the 75th anniversary of the United Nations' Universal Declaration of Human Rights, observed as "Human Rights Day." Despite seeking permission 12 days in advance on November 28, the Parliament Street Police Station decided to deny permission for a gathering to commemorate this significant occasion and discuss related events. Astonishingly, this denial occurred less than 14 hours before the scheduled event. The Campaign Against State Repression (CASR), representing a coalition of 40 democratic progressive organizations, received the notification of permission cancellation less than 24 hours before the event, specifically on December 9, around 9:15 pm.

" From the arresting of Delhi University’s Dr. G.N. Saibaba in 2016, the mass arrests in the Bhima Koregaon-Elgaar Parishad case of democratic rights activists in 2018, the snapping of internet and phone connectivity in Kashmir in 2019 to initiate the longest internet shutdown in any country claiming to be a democracy, the arresting of prominent journalists from Kashmir and rest of India under anti-state charges, the mass arrests of democratic activists of the anti-CAA protests during the COVID-19 lockdown along with the glorification of the bulldozering of their homes to the present, a grim picture is painted for the people of India regarding democratic rights. Even when some of the most oppressed and exploited sections of the country, the Adivasis of Odisha, Chhattisgarh, Madhya Pradesh, Maharashtra etc., engaged in prolonged peaceful mass movements against mining-based displacement and rapid militarization of their lands, the people are met with fake encounters, abductions and uprooting of their homes for exercising their democratic rights, demanding fair Gram Sabhas and the implementation of the Panchayat Extension to Scheduled Areas (PESA) Act, 1996.

In Silger, Chhattisgarh, the youth and the women conducted one of the longest sit-in protests where thousands of Adivasis of Bastar gathered to protest the police open-firing on Adivasis for opposing rapacious mining and militarization of their homes. From Srinagar to Silger, all democratic dissent is attacked with varied degrees of violence and branded with the tag of Maoists and separatists. Journalists arrested, a people being violently displaced for the sake of corporate interests, internet shutdown bringing life back to the dark ages, academics in jail and retired judges forbidden from speaking in the country’s capital, where is the safety valve for democracy?" , the letter read.

The writers express their dismay at the systematic curtailment of democratic spaces, citing instances where police have disrupted events addressing issues like media blackout in Kashmir and the Bharat Bachao National Convention. They argue that such actions not only undermine the constitutional right to assembly and peaceful protest but also erode the essence of democracy itself.

The letter emphasised on the importance of dissent in a democratic society and quotes Chief Justice Chandrachud's own words: "Dissent is the safety valve of democracy." However, the authors contend that the space for dissent is rapidly disappearing, with peaceful gatherings being met with police brutality, arbitrary cancellations, and even the use of anti-terror laws against protestors.

Drawing attention to a broader pattern of events, the activists argue that the very fabric of democratic rights is under threat, with various sections of society facing violence and suppression for expressing their dissent.

The letter also questions India's commitment to being the world's largest democracy and refers to the words of jurist John Rawls, underscoring the importance of justice and the need to reform or abolish unjust laws and institutions. The plea is for the judiciary to uphold equal liberties and protect rights secured by justice, emphasizing that such rights should not be subject to political bargaining or social interests.

The letter concludes with a plea for Chief Justice Chandrachud to take suo moto cognizance of the matter and intervene to defend democratic rights. The authors emphasize the need for positive steps by the Supreme Court to direct law enforcement and administrative bodies to cease stifling dissent in the name of "law and order."

As the letter gains attention, it raises critical questions about the state of democracy in India and calls for a re-evaluation of policies that may infringe upon the fundamental rights enshrined in the constitution.

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