Binayak Sen Case - Paradigm to injustice: Guest Post by Arya J. Nair, NUALS

Binayak Sen case proves that the justice delivery system prevailing in our country is so pitiable that it falls short in ensuring that justice is done to the citizens.
In this case, Dr. Binayak Sen, the Vice president of the Peoples’ Union for Civil Liberties and a well known human right activist, was sentenced to life imprisonment on the grounds of sedition. From the evidences adduced, the court concluded that Mr. Sen had links with naxalites. However, mere links with naxalites is not a sufficient ground for awarding life imprisonment, but only imprisonment for a maximum term of 5yrs. Sen was convicted on the basis of few letters, which is said to have been sent among Mr. Sen and Mr. Sanyal, and affidavits and testimonies filed by the witnesses. The most interesting fact is that the witnesses were primarily constituted by police men. Moreover, the facts of the case prove that evidences against Mr. Sen were also not so strong. What is worth noting here is that the evidence presented before the Court was, by no stretch of imagination, conclusive enough to prove his conviction. Unfortunately, the Judges did not give any credence to the insufficiency of evidence in the matter while awarding him with the sentence. A cursory glance at the Judgment is sufficient to prove this surprising disregard for and unwillingness to accept the value of evidence in a criminal trial.
Binayak Sen is a well known public figure who is known for his contributions as a doctor and a human rights activist, who has dedicated years of his life in providing medical care to the poor and helpless. He has been honoured with many awards at national and international levels in recognition of the same. He is the recipient of the 2008 Johnathan Mann Award for Global Health and Human Rights. Dr. Binayak Sen has been one of the most vocal critics of the Chattisgarh government’s policy against the Naxal movement, and the role of the Salwa Judum in committing violations of human rights against villagers.Mr. Sen’s fame as a global figure was evident from the waves of protest which lashed in different parts of the world when he was arrested. International institutions like Amnesty International, the British Medical Association, and even the British House of Commons and several leading human rights activists and international personalities including Amartya Sen and Noam Chomsky criticized the judgment in this case and demanded for the release of Dr. Sen.
The verdict in the Binayak Sen case questions the importance attached to the fundamental freedom of speech and expression in a democratic country like India. Use of anti-sedition laws to annihilate genuine voices against human rights violations is unacceptable in a democratic state. Stalking those who voice genuine grievances against the state by employing judicial process is excruciating. When many corrupt politicians are still ruling our country scoffing at the judiciary and escaping the far reaching clutches of law, it is highly shameful that justice is denied to a deserving person like Binayak Sen. The Binayak Sen verdict is a perfect example of gross violation of law and human rights and it underscores the incapability of the existing judicial system to render required justice to the citizens.

6 comments: (+add yours?)

Saritha.Thonoor said...

good work Arya.. keep going..

Anonymous said...

thnk u..

goutamjay said...

A timely post. I wonder why our intellectually high society of kerala is still remaining insensitive to one of the most infamous acts of judicial victimization in the Indian history?
I cannot find even a single news item that has reported of some protests in Kerala for his cause.

viSHwAmiTHraN said...

may be i dont know much abt the case but one thing is sure tat tis MAN is loved n revered by it th amartya sens or be it th avge dantewada adivasi..he is the one true professional who felt that being tre for the marginalised is wat his life is meant for n for a nation and junta desperately lookin for a hero he should have been an automatic humane law can say that he is wrong..if tat was so the jails would have been flooded by good men.. i feel its time, judicial verdicts n sentences must be based on a democratic mandate...the voices of people hu binayak sen worked for, the ppl hu knew him in and out would in no mere possibility had a chance to lend their voices to this man..the whole episode looks orchestrated by the few mean n mighty @ th helm of the political n beuracratic heirarchy.. i feel judiciary shouldnt always restrict itself to the four walls of a court passing judgements hearing just the onesided hi decibel money mintin powerbrokers, but also should be ready and willing to hear the voices of the marginalized who live a life of complete misery in an india which is thousands of years behind the facebook era! they need ppl like binayak sen more than us!!

viSHwAmiTHraN said...
This comment has been removed by the author.
viSHwAmiTHraN said...

n arya..mus say..grt writeup..for a gal in her studies u bring to the table a lot of wisdom!! :) keep goin..keep updatin!

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