Natl Day of Solidarity on 12 Oct! Let’s Stand with Fr Stan Swamy Sj, who Fought for Tribal Rights

Natl Day of Solidarity on 12 Oct! Let’s Stand with Fr Stan Swamy Sj, who Fought for Tribal Rights

•  National Day of Solidarity on 12 October! Let’s Stand With Fr Stan Swamy, a Jesuit Priest, Who Fought for Tribal Rights, after he was arrested by a team of National Intelligence Agency (NIA) from his residence in Ranchi-Jharkhand in connection with the probe into the 2018 violence in Maharashtra’s Koregaon-Bhima village. But Fr Stan denies such allegations made on him regarding the Koregaon-Bhima Village case, because according to him, he has never been to that village. So, why did NIA officials arrest a 83-year-old Jesuit priest who was doing yeomen service fighting for the rights of Tribal/adivasis in Jharkhand.
• Showing solidarity towards Fr Stan Swamy Sj, many Forums and Organizations across India will be observing as NATIONAL DAY OF SOLIDARITY’, on 12 October 2020 from 4 pm-5 pm, as a mark of protest day of prayer and fast and wherever possible also in demonstration, and they have requested all citizens to join in this protest!

Mangaluru: I have known Fr Stan Lourduswamy SJ , now known as Fr Stan Swamy for nearly two years (between 1988-1990) when I was employed at Smith Kline & French, a pharmaceutical company in Bengaluru, and occasionally I used to stay for few days at Indian Social Institute (ISI) on Benson Road, Benson Town, Bengaluru- a Institute engaged in Training of Trainers and leaders of the marginalized communities, with special focus on South India, through holistic and quality capacity-building training, networking and advocacy engagements, to help them claim their entitlements, rights and improved quality of life- and Building an egalitarian and inclusive society by promoting socially conscious communities, with stakeholders like-Dalits, Adivasis, Minorities, unorganized labourers, Fisher folk, distress migrants, Dalit Christians, Community Leaders, Civil Society Organizations, People’s Movements and Jesuit Social Centres with special focus on women and youth.

Fr Stan became very close to me, after I was introduced to him by our family friend Goan Br Archie Cordeiro, who was in the managing committee at ISI, and we used to spend some time discussing sensitive community issues during breakfast, lunch or dinner. The days before I left Bengaluru to Chicago, USA in March 1990, Fr Stan would always convince me by saying, “You should stay in India, because Bengaluru will be growing soon, and you’ll have all the comforts and income, just like Chicago. (I think Fr Stan was absolutely right when he said that in 1989, looking at the progress in Bengaluru now in 2020). Change your mind and stay back, you can always stay at ISI, if you want to”. With all my papers ready after waiting for nearly ten years to get my visa to the US, I decided to migrate to the States, saying sorry to Fr Stan, that I have to leave Bengaluru. But I kept in touch with Fr Stan through letters mailed to Br Archie, and this continued until Br Archie passed away.

But I was shocked to hear the news that 83-year-old Fr Stan Swamy was arrested a couple days ago by NIA, where the agents have linked him to groups of Maoist guerrillas, which is NOT TRUE! The priest was only defending the rights of prisoners, Dalits, tribals, and his work impacted the powerful interests of politicians in government-therefore all this issue. Sources reveal that the officials reportedly spent around 20 minutes at his home before taking him away. The arrest has sparked outrage. Author and historian Ramachandra Guha tweeted saying Stan Swamy has spent a “lifetime fighting for the rights of adivasis. That is why the Modi regime seeks to suppress and silence them; because for this regime, the profits of mining companies take precedence over the lives and livelihoods of adivasis,”

Lawyer-activist Prashant Bhushan tweeted, “…Now arrested by the NIA under UAPA! The venality of this BJP government and NIA knows no bounds (sic).” The probe agency claimed that Stan Swamy is a member of the banned Communist Party of India-Maoist (CPI-Maoist) and was “actively involved in its activities”, and that he also received funds through an associate for furtherance of the CPI (Maoist) activities,”, which is far from truth as per Fr Stan. The agency said documents and propaganda material of the CPI (Maoist) and literature were seized from Stan Swamy, adding that he was in contact with the other accused in the Koregaon-Bhima case.

“The NIA is after me. I’m being pressurized to go to Mumbai… The NIA questioned me for 15 hours… I’m being called to the Mumbai office of the NIA. I refuse to go there. I am 83 and have health issues. I don’t want to expose myself to the coronavirus. I have never been to Bhima Koregaon,” Stan Swamy had said in a video on October 6. “If NIA wants to question me, they can do so via video-conferencing,” he said.

Several prominent activists, scholars and lawyers have been jailed for over two years while they await trial. Stan Swamy, who has several health issues, is the oldest person to be in custody in the Koregaon-Bhima case. He has been questioned several times in the past in connection with the case. Originally from Kerala, Stan Swamy has been working for tribals in Jharkhand for over five decades. Fr Stan has said, “I was interrogated by NIA for 15 hours during a span of 5 days (July 27, 28, 29, 30, and 31) Apart from my bio-data and some factual information, several extracts allegedly taken from computer implicating my connection to Maoist forces were placed before me. I told them all these are fabrications stealthily put into my computer and I disowned them”
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“The nature of the present NIA investigation of me has nothing to do with the Bhima Koregaon case in which I have been booked as a ‘Suspected-accused’ and consequently raided twice (28 August 2018 and 12 June 2019). But it had everything to do to somehow establish (i) that I am personally linked to extremist leftist forces, (ii) that through me Bagaicha is also related to some Maoists. I denied both these allegations in strongest terms. After six weeks of silence, I am being summoned to appear in the NIA- office in Mumbai. I have informed them (i) that I fail to understand the need for interrogating me further given the fact I have been subjected to that for 15 hours already, (ii) that I am not in a position to undertake the long journey given my age (83) and the nature of the epidemic ravaging the country. Besides the Jharkhand State Government . has given a directive that during the lockdown period elderly persons above the age of 60 may not appear in public, (iii) that if the investigating agency wants to interrogate me further it can be done through video-conference”
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“If NIA will refuse to consider my request and insist that I go to Mumbai, I’ll tell them that it will not be possible for me to go for the above reasons. Hoping human sense will prevail. If not, I / we must be ready to face the consequences. I would just add that what is happening to me is not unique. Many activists, lawyers, writers, journalists, student leaders, poets, intellectuals and others who stand for the rights of Adivasis, dalits and the marginalized and express their dissent to the ruling powers of the country are being targeted. Grateful to all who have stood in solidarity with me all these years. What is the ‘crime’ I’m supposed to have committed?” adds Fr Stan

“Life and death are one, Even as the river and the sea are one” [poet Kahlil Gibran]. During the past three decades I have tried to identify myself with the Adivasi People and their struggle for a life of dignity and self-respect. As a writer I have tried to analyse the different issues they are faced with. In this process I have clearly expressed dissent with several policies, laws enacted by the government in the light of the Indian Constitution. I have questioned the validity, legality, justness of several steps taken by the govt and the ruling class.

1. I have questioned the non-implementation of the 5th Schedule of the Constitution [Indian Constitution, Article 244(1)] which clearly stipulates that a ‘Tribes Advisory Council’ (TAC) composed solely of members from the Adivasi community who will advice the Governor of the State about any and everything concerning the protection, well-being and development of the Adivasi people in the State.

2. I have asked why the Panchayats (Extension to Scheduled Areas) Act [PESA],1996 [No:40 of 1996] has been neatly ignored which for the first time recognized the fact the Adivasi communities in India have had a rich social and cultural tradition of self-governance through the Gram Sabha.

3. I have expressed disappointment at the silence of the govt on Samatha Judgment, 1997 of the Supreme Court [Civil Appeal Nos:4601-2 of 1997]. The judgment was meant to provide some significant safeguards for the Adivasis to control the excavation of minerals in their lands and to help develop themselves economically.

4. I have cried aloud at the half-hearted action of the government on the Forest Rights Act, 2006: [Act of Parliament No:2 of 2007] meant to correct the historic injustice done to the Adivasi and other traditional forest-dwellers.

5. I have queried why the government is unwilling to carry out the SC order ‘Owner of the land is also the owner of sub-soil minerals’. [SC: Civil Appeal No 4549 of 2000] and continues auctioning coal-blocks to industrialists without a due share to owners of the land.

6. I have expressed my apprehension at the recently enacted Amendment to ‘Land Acquisition Act 2013’ by Jharkhand govt which sounds a death-knell for Adivasi Community. This does away with the requirement for “Social Impact Assessment’ and allows the government to give away even agricultural and multi-crop land for non-agricultural purposes.

7. I have strongly disagreed with the setting up of ‘Land Bank’ which I see as the most recent plot to annihilate the Adivasi people because it claims that all ‘gair-majurwa’ land (‘Commons’) belong to the govt and it is free to allot it to any body (read industrial houses) to set up their small and big industries.

8. I have challenged the indiscriminate arrest of thousands of young Adivasisand Moolvasis under the label of ‘naxals’ just because they question and resist unjust land-alienation and displacement. I’ve taken legal action against the Jharkhand State by filing a PIL in the HC praying that (i) all Under-Trial Prisoners (UTP) be released on bail on personal bond, (ii) speed up the trial process which surely will acquit most of them, (iii) appoint a judicial commission to probe the reasons why the trial process is indefinitely being delayed, (iv) the police submit all needed information about all UTPs to the petitioner. It is now more than two years since the case was admitted but the police are yet to provide all needed information about all UTPs. This, I believe, is the main reason why the State is keen to put me out of the way. The most feasible way is to implicate me in serious cases and stall the judicial process to give justice to the poor innocent Adivasis”.

Today, 10-10-2020, it is learnt in the Bhima Koregaon the charge was filed against all others who had been arrested till now, they include, Father Stan, Gautam Navlakha, Anand Teltumbde, Hany Babu, Kabir kala manch, Sagar Ghoghare, Ramesh Gaichor, Jyoti Jagtap and others arrested till last week. So hope this is the last, and the trial starts. Father Stan was taken on the morning of 9th Oct by the 9.30 am flight from Ranchi and taken straight to the Sessions court where the charge sheet was filed. And then sent to Taloja Jail.

Meantime, Forum for Justice and Peace (FORUM) FORUM with National Secretariat, in Patna-Bihar in their statement said, “The Forum strongly and unequivocally condemns the arrest of Octogenarian Jesuit activist Fr Stan , who has been taken into custody by the National Intelligence Agency (NIA) from his residence in Ranchi this evening and taken to an undisclosed destination. According to his colleagues, the NIA did not serve a warrant on Fr Stan and that their behaviour was absolutely arrogant and rude. This inhuman treatment to an 83 year old, frail and peace- loving citizen of India, who has given his life in the service of the Adivasis and other marginalized sections of society – speaks volumes of the deterioration of the democratic ethos in the country. We call upon the Government of India to ensure Fr Stan’s safe, unconditional and immediate release; and to guarantee that after more than fifteen hours of interrogation he is no longer victimized”.

“We also demand the immediate and unconditional release of all human rights defenders and other dissenters who have been illegally detained and incarcerated for the last several months. We call upon all citizens of India who cherish the rights and freedom enshrined in our Constitution to join us in condemning Stan’s illegal detention and to help ensure his immediate release! As a mark of our protest we will be observing Saturday, 10 October, as a day of prayer and fast and wherever possible also in demonstration. We invite all citizens to join us in this protest!

George Pattery, sj President, Jesuit Conference of South Asia, New Delhi. in his letter states, “To, All Jesuits, Collaborators, Civil Society Members, people of good will, Sub: We hereby demand the immediate release of Fr Stan Swamy. We are shocked and dismayed to know that Fr Stan Swamy, sj who has been working all his life for the uplift of the downtrodden and other vulnerable people, has been taken into custody by the NIA (National Investigation Agency). He has been interrogated for several hours spread over several months. He has consistently cooperated with the agency concerned. He is willing to be further interrogated at the place he is residing or online. Considering this, his age (83) and his poor health, it was not necessary to take him into custody for further interrogation to Mumbai”.

“We hereby demand the immediate release of Fr Stan Swamy. We are immensely grateful to all people of goodwill, civil society members and institutions who have come out overwhelmingly in support of Stan. We urge you to join all people of good will, on the 12th of October between 4 to 5 pm to express your solidarity in a concerted way; besides we are sure that you will organize your own events across the country and abroad, to express your support for Fr Stan Swamy” adds Pattery.

Fr Dionysius Vaz Sj, the newly appointed Provincial of Karnataka Jesuit Province in his letter states, ” To the Superiors and Commission Coordinators of Karnataka Province. Dear Brothers, I am forwarding the letter of the POSA regarding Fr Stan Swamy’s arrest by the NIA. I would request you and your DoWs to network with other NGOs, activists and people of goodwill to lobby and demand the immediate release of Fr Stan who is 83 years old. He has done yeomen service in the Indian Social Institute, Bengaluru and later with the Adivasis in the Chotanagpur area. This is a time to collaborate and network for the release of one of our precious men. You could use different print media and social media groups to spread the message and ask them to demand for his release.

You could also use signature campaigns. This is also a time to show our solidarity as a group of Jesuits in the whole South Asian Assistancy. Let us be creative and courageous. We will have to devise strategies of networking and lobbying lest we face similar challenges in our own area of work. We also resort to prayer. Kindly use this occasion to pray for Stan and for others who are in similar situations because of their stand for the rights of people during your daily Eucharist with different groups and during your community prayer, adoration and personal prayer. With good wishes and prayers, Fr Dion.