When Binayak 
Sen<http://timesofindia.indiatimes.com/topic/search?q=Binayak%20Sen>
was
arrested it gave a much-needed boost to the Maoists. As they advocate
violence to achieve their ends, it is like oxygen for them every time the
state commits a travesty of justice. It is worth remembering that armed
movements, of whatever variety, have succeeded only in autocratic,
dictatorial and monarchical states, but never in democratic ones.

If there is one major reason why communists have failed in contemporary
times, it is because they do not know how to function in a democracy.
Whether it is Russia <http://timesofindia.indiatimes.com/topic/Russia>,
China <http://timesofindia.indiatimes.com/topic/China> or
Cuba<http://timesofindia.indiatimes.com/topic/Cuba>,
communists struck successfully in places where democracy was missing. This
generalisation holds true not just in the case of insurrectionary
communists, but for all those who advocate violence as a political weapon.

As violence calls out to violence, it cannot be dealt with draconian
provisions like MISA and POTA of the past, and the Unlawful Activities
Prevention 
Act<http://timesofindia.indiatimes.com/topic/search?q=Unlawful%20Activities%20Prevention%20Act>
 and Chhattisgarh Special Public Security
Act<http://timesofindia.indiatimes.com/topic/search?q=Chhattisgarh%20Special%20Public%20Security%20Act>
of
today. As these measures smack of anti-democratic urges of the lowest
political type, they confirm the "animal theory of the state" that forms the
bedrock of Maoist ideology. The more repressive the state, the better it is
for insurrectionary ideologues: it provides them with their ultimate raison
d'jtre.

Karl Marx, the original revolutionary, once subscribed to this view. He gave
it up in his later years when faced by the reality of democracy and adult
franchise. For example, in Class Struggles in France he wrote: "Rebellion in
the old style, street fighting with barricades, which decided the issue
everywhere up to 1848, was to a considerable extent obsolete." With this he
also made obsolete the Manifesto of the Communist
Party<http://timesofindia.indiatimes.com/topic/Communist-Party>,
which he had written 40 years earlier, in fact, in 1848.

Clearly, as the mature Marx had observed, insurrectionary communism does
well in repressive regimes but comes apart once the rule of law is in place.
With democracy, the format of agitation must change. Binayak Sen, for his
part, has never advocated violence, whether by the Maoists, or by the state.
Yet, as the charges against him are so obviously trumped up, the
Maoists<http://timesofindia.indiatimes.com/topic/search?q=Maoists> are
conveniently using him as their mascot. Sen may have inadvertently given
them cause to multiply, but he does not belong to that pack.

Fortunately, Sen's conviction has alerted democrats across different
political persuasions, and this is a very hopeful sign. His cause is not a
Maoist cause any longer, but a democratic one, as it should be. Like the
19th century Dreyfus Affair in France, the Binayak affair has every
potentiality of flushing out the poison in our political system and forcing
India <http://timesofindia.indiatimes.com/topic/India> to a more determined
democratic path.

Again, like Dreyfus, Sen too has important supporters. If Dreyfus had Zola,
Poincare, Clemenceau and Anatole France, weighing in for him, Sen has an
impressive array on his side as well. From Nobel laureates to Digvijay
Singh<http://timesofindia.indiatimes.com/topic/Digvijay-Singh>,
from Amartya Sen to Ram
Jethmalani<http://timesofindia.indiatimes.com/topic/Ram-Jethmalani>,
the sublime and the ridiculous of the democratic process have come out in
his support.

Emile Zola's open, and condemnatory, letter to the state, entitled J'accuse,
that appeared in the front page of Clemenceau paper, L'Aurore, created a
furore in France. The popularity this piece achieved frightened the French
government to foolishly frame libel charges against him. It is possible some
of Sen's friends might be harassed just as much by Chhattisgarh officials.
But like the supporters of Dreyfus, they too must hold course.

What Edouard Drumont's rightwing anti-semitic paper La Libre Parole did to
Dreyfus, BJP's Hindutva-oriented rendition of democracy has done to Sen. For
example, Sushma Swaraj, far from being embarrassed by the judgment, came out
in its open support. She justified Sen's life sentence on the grounds that
violence begets violence, so what is the fuss all about? But Sen never
advocated violence! Yet, by supporting the untenable charges made against
him, Swaraj was providing justification to the Maoists who must be delighted
with her statements. This is just the stuff of which Maoist dreams are made
of, and the BJP is providing all the froth for such a cause.

There are other parallels between the Dreyfus Affair and that of Sen. If
Dreyfus was a respected captain in the French cavalry, Sen was once member
of the advisory committee of Chhattisgarh government's health initiative,
the Mitanin programme. Also, like the prosecution case against Dreyfus, the
one against Sen too is full of holes.

In the Dreyfus affair again, the real criminal, Walsin Esterhazy, was
exonerated after a perfunctory trial. As the prestige of the army was at
stake, Dreyfus could be put away. Likewise, in Sen's case, the Maoist
influence in the tribal tracts is exaggerated so that state repression can
gain legitimacy. This takes our eyes off the Esterhazys of Chhattisgarh -
the buccaneer capitalists and sleazy commercial agents who work in tandem
with government officials, elected and otherwise. In all these years of
so-called Maoist violence, not a single big timber or mining lord has been
hurt, or imprisoned. They go about their business scot-free.

If Sen's case is overturned, as Dreyfus's was, infantile Maoism will come to
grief as much as the crass commercial interests that stalks Chhattisgarh's
forests. It is for this reason that democrats must keep up the pressure so
that he gets a fair trial in accordance with the best in democratic
tradition.


The writer is former professor, JNU.

Read more: Democrats to the rescue - The Times of
India<http://timesofindia.indiatimes.com/home/opinion/edit-page/Democrats-to-the-rescue/articleshow/7230735.cms#ixzz1AJjNm4sO>

http://timesofindia.indiatimes.com/home/opinion/edit-page/Democrats-to-the-rescue/articleshow/7230735.cms#ixzz1AJjNm4sO

-- 
Adv Kamayani Bali Mahabal
+919820749204
skype-lawyercumactivist
*
*
*"Nobody is giving up violence. Neither the state nor the Maoists are giving
up violence. I am interested in furthering my cause, which is the cause of
peace with justice.- DR BINAYAK SEN *
*www.binayaksen.net*
*PL SIGN ONLINE PETITION: *
http://www.petitiononline.com/sen2010/petition.html
*DO JOIN THE FACEBOOK GROUP *
*http://www.facebook.com/group.php?gid=14205312918*
*JOIN THE FACEBOOK EVENT: ONE MILLION FACES
http://www.facebook.com/event.php?eid=179177728772740*
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