The systematic denial of bail to Father Stan Swamy has put the spotlight on the failure of the justice system
The death of Father Stan Swamy is soul deadening for several reasons. He was accused of being a terrorist, but did not get a chance to defend himself against those charges. He was arrested in connection with the Elgar Parishad gathering of December 2017 in Bhima Koregaon, a place he never visited in his life. He was a frail 84-year-old, soft spoken Jesuit priest who worked for most of his life among the Adivasis of Jharkhand. He worked with the poor and downtrodden, because that is the true calling of Jesuits, and it is one of the main teachings of Jesus. If he asked for justice for the tribals, it was mainly about protecting their land rights, against the arbitrary depriving of their livelihoods, and about proper implementation of laws.
India has passed some enlightened laws, even if belatedly, such as the Forest Rights Act (FRA), and the Panchayats Extension to Scheduled Areas Act (PESA), to protect basic the livelihood interests of the Adivasis. For far too long, under the pretext of industrial development, the indigenous peoples’ and forest dwellers’ rights were ignored, if not throttled. The FRA and PESA laws seek to redress this iniquity.