Two people who made controversial comments against a Hindu prayer and a person who desecrated a Periyar statue were booked under preventive detention acts last week.
On July 26, the Chennai police invoked the Goondas act against Surendran, the founder of YouTube channel Karuppar Kootam and his colleague SJ Gopal of the Hindu Tamil Peravai. They were both arrested for circulating content alleged to be defamatory on the Kanda Sashti Kavasam, a Hindu prayer, on social media.
Three days later, the Coimbatore police detained a Bharat Sena functionary, M Arun Krishnan, for desecrating social reformer Periyar EV Ramasamy's statue. This man was booked under the stringent National Security Act (NSA), hardly invoked for acts of desecration.
The preventive detention acts were used on accused who represent two different spectrums of political ideologies currently battling it out in Tamil Nadu. But the manner in which the government has handled both these cases is similar point out political experts. And this, they allege, clearly highlights the AIADMK's efforts to pull off a 'balancing act' ahead of the elections.
"The Hindutva tag is very dangerous in Tamil Nadu and the AIADMK cannot afford to be branded as such, before an assembly election," says M Bharath, a political analyst. "The party has always taken a cat on the wall approach when it comes to dabbling in Dravidian ideology and spiritualism. While it has been born out of leaders like Annadurai who preached rationalism, its leaders, be it former Chief Minister MG Ramachandran or J Jayalalithaa, have been deeply spiritual," he adds.
Bharathi points out that ahead of the state assembly elections in 2021, the government is being doubly cautious in avoiding any further branding, in order to maintain its vote bank.
"They saw what allying with the BJP could do to their vote bank in the Lok Sabha elections and the coming elections too will be a battle of spiritual politics against dravidian and Periyarist ideologies," says Bharath.
"The right wing has a soft corner for AIADMK, and at the same time their Dravidian roots make them acceptable to rationalist vote banks as well. By treating both these cases similarly, they are giving a clear message that they are a neutral party irrespective of past alliances. They will condemn the insult to Hindu prayers and vehemently oppose desecration of Periyar statues in order to strike a balance," he adds.
But legal experts point out that in an effort to maintain its vote bank, the government is blatantly violating and manipulating the law to suit its motives.
Preventive detention in its essence is the imprisonment of a person with aim of preventing them from committing further offences or of maintaining public order. Both the Goondas act and NSA act aims at a year long preventive detention of habitual offenders.
"So, ideally to book someone under the Goondas act, they need to have a history of having committed crimes," says advocate Akhila of the Madras High court. "And if this is their first crime then their act needs to have been created or lead to potential public disorder. Both these cases - the one against Karuppar Kootam and the man who desecrated the statue may legally allow for preventive detention, but it is completely against our democratic principles," she adds.
Then why are these Acts so readily invoked?
"Police use the preventive detention laws as a tool to bypass the regular criminal justice system. This way you don't have to hold a trial till the end of the year, the charges won't be public and the FIR document will not create public debate. It is an effective way of pushing an unfavourable situation under the carpet," she explains. "In a regular case, police would need evidence and the trial process is cumbersome. There are checks and balances and the accused has their own rights. But here they can simply silence them," she adds.
Advocate and political analyst 'Tharasu' Shyam, points out that the government looks at two aspects before they decide what action is required.
"The first is whether there is uproar over the particular issue from the public and the second is if it is a direct attack on symbology pertaining to their politics. Both these causes fit into one of these criterion," he says.
Senior advocate Kannadasan however alleges that the balance portrayed in justice in these cases is merely an eyewash.
"At first glance it may look like both these cases have been treated the same way and both accused have met with the same fate. But that is not the case," says advocate Kannadasan.
He explains that the Goondas Act and NSA have one fundamental difference. The Goondas act is a state act and therefore it is the state which will recommend whether it is applicable in a certain case or not. The NSA however, though invoked by the state, is actually a central act.
"So this means that the Centre decides whether the desecration of the Periyar statue is worth preventive detention. The accused in this case can send a representation in one week. An advisory board will be formed within 40 days after this to decide on the act, " says the advocate.
'Tharasu' Shyam explains that for the Goondas Act to be lifted, the process could be months long as opposed to bail on a regular case that can be reviewed every 14 days.
"It will take the state government 2.5 months to form the board. Then formalities that the accused have to complete will take a month. This in itself will mean atleast three months in prison," he says. "If they have to go to court, the accused's counsel will have to file a habeas corpus petition and this will get delayed in front of the division bench since the state has to respond. Either way, the accused have to face months of imprisonment before they get a chance to apply for bail."
Read more:
The TN govt is using preventive detention in its political 'balancing act' - The News Minute
- Rationalism | Psychology Wiki | Fandom powered by Wikia - December 12th, 2016 [December 12th, 2016]
- rationalism facts, information, pictures | Encyclopedia.com ... - December 22nd, 2016 [December 22nd, 2016]
- Rationalism in Philosophy - January 3rd, 2017 [January 3rd, 2017]
- Rationalism vs. Empiricism Essay - 797 Words - StudyMode - January 5th, 2017 [January 5th, 2017]
- Logic: Rationalism vs. Empiricism - Theology - January 5th, 2017 [January 5th, 2017]
- Rationalism verses Empiricism - dummies.com - January 5th, 2017 [January 5th, 2017]
- Taking Liberties With Workable Liberty - Big Think - February 7th, 2017 [February 7th, 2017]
- Go for introspection, Left parties told - The Hindu - February 7th, 2017 [February 7th, 2017]
- Look back in anger, unplugged | Asia Times - Asia Times - February 7th, 2017 [February 7th, 2017]
- Food by the Book: Philosophy, love, steak - Muskogee Daily Phoenix - February 7th, 2017 [February 7th, 2017]
- Hypocrisy isn't the problem. Nihilism is - Los Angeles Times - February 8th, 2017 [February 8th, 2017]
- The separation of church and state - Helena Independent Record - February 8th, 2017 [February 8th, 2017]
- Don't become a pawn in the NHL's Olympic Games - Fear the Fin - February 9th, 2017 [February 9th, 2017]
- Australia's new political divide: 'globalists' versus 'patriots' - The Sydney Morning Herald - February 10th, 2017 [February 10th, 2017]
- Laura Akin: Overwhelming majority of the Founding Fathers were Christian - Modesto Bee - February 10th, 2017 [February 10th, 2017]
- Hecker reemerges with more text-based synthesis on two new releases on Editions Mego - Tiny Mix Tapes - February 10th, 2017 [February 10th, 2017]
- Fragile Lives: A Heart Surgeon's Stories of Life and Death on the ... - The Times (subscription) - February 11th, 2017 [February 11th, 2017]
- Hanson denies Liberal preference hypocrisy - SBS - February 12th, 2017 [February 12th, 2017]
- When religion rules social life - Daily News & Analysis - February 12th, 2017 [February 12th, 2017]
- Will science go rogue against Donald Trump? - Socialist Worker Online - February 13th, 2017 [February 13th, 2017]
- Valentine's Day and Romance - Commonweal (blog) - February 13th, 2017 [February 13th, 2017]
- Barnaby Joyce condemns WA Liberals' preference deal with One Nation - Camden Haven Courier - February 13th, 2017 [February 13th, 2017]
- Barnaby Joyce condemns WA Liberals' preference deal with One Nation - Warrnambool Standard - February 14th, 2017 [February 14th, 2017]
- Barnaby Joyce condemns WA Liberals' preference deal with One Nation - The Northern Daily Leader - February 15th, 2017 [February 15th, 2017]
- Barnaby Joyce condemns WA Liberals' preference deal with One Nation - Western Advocate - February 16th, 2017 [February 16th, 2017]
- Canadian architecture firm discusses design in the Midwest - Iowa State Daily - February 16th, 2017 [February 16th, 2017]
- Why sports industry sides with transgenders - WND.com - February 16th, 2017 [February 16th, 2017]
- Arrival - slantmagazine - February 16th, 2017 [February 16th, 2017]
- Americans 'plain dumb' - Hastings Tribune - February 17th, 2017 [February 17th, 2017]
- 'Modi combines Savarkar and neoliberalism': Pankaj Mishra on why this is the age of anger - Scroll.in - February 17th, 2017 [February 17th, 2017]
- Biography examines political motivations of Montaigne - UChicago News - February 18th, 2017 [February 18th, 2017]
- Barnaby Joyce condemns WA Liberals' preference deal with One Nation - Daily Advertiser - February 20th, 2017 [February 20th, 2017]
- Will the Science Community Go Rogue Against Donald Trump? - Truth-Out - February 20th, 2017 [February 20th, 2017]
- The Red94 Podcast: On the Boogie Cousins trade - Red94 - February 21st, 2017 [February 21st, 2017]
- Refugee resettlement study bill passes North Dakota House, Democrat calls it mean-spirited - Bismarck Tribune - February 21st, 2017 [February 21st, 2017]
- Refugee resettlement study bill passes ND House, Democrat calls it ... - Jamestown Sun - February 22nd, 2017 [February 22nd, 2017]
- P. Sridhar - The Hindu - The Hindu - February 22nd, 2017 [February 22nd, 2017]
- The Magical Rationalism of Elon Musk and the Prophets of AI - New York Magazine - February 22nd, 2017 [February 22nd, 2017]
- There is an Is - Patheos (blog) - February 22nd, 2017 [February 22nd, 2017]
- Letter to the Editor: Banning Immigrants on the Basis of Faith Has Hudson Valley Roots - Patch.com - February 23rd, 2017 [February 23rd, 2017]
- You Don't Have To Choose Between Alt-Right And Regressive Left - Huffington Post Canada - February 23rd, 2017 [February 23rd, 2017]
- Encountering Change: A Chaplain's Perspective - Patheos (blog) - February 24th, 2017 [February 24th, 2017]
- Freemasonry Catholics' Deadly Foe - Church Militant - February 24th, 2017 [February 24th, 2017]
- Modernism and Its Rages - City Journal - February 24th, 2017 [February 24th, 2017]
- In Scorsese's adaptation of Endo's novel, a stark depiction of statism against religion - National Review - February 25th, 2017 [February 25th, 2017]
- Outcry over Dalai Lama threatens free speech | The Daily Cardinal - The Daily Cardinal - February 27th, 2017 [February 27th, 2017]
- When a guitar and Sarangi took over Qalandar's shrine - The Express Tribune - February 28th, 2017 [February 28th, 2017]
- Barnaby Joyce condemns WA Liberals' preference deal with One Nation - Whyalla News - February 28th, 2017 [February 28th, 2017]
- Review: 'Target in the Night' is punchy, graceful, ambiguous - The Daily Herald - February 28th, 2017 [February 28th, 2017]
- Meet the Group of Extreme Rationalists Bent on Cheating Death - Signature Reads - February 28th, 2017 [February 28th, 2017]
- Barnaby Joyce condemns WA Liberals' preference deal with One Nation - Eyre Peninsula Tribune - March 1st, 2017 [March 1st, 2017]
- Architecture's Pritzker Prize lauds Spanish trio for 'a strong sense of place' - The Globe and Mail - March 2nd, 2017 [March 2nd, 2017]
- The ideas election | The Indian Express - The Indian Express - March 3rd, 2017 [March 3rd, 2017]
- Serpents, owl men and demon dogs - BBC News - March 3rd, 2017 [March 3rd, 2017]
- Why America Can't Afford to Get Into a Trade War with China - The National Interest Online - March 4th, 2017 [March 4th, 2017]
- Reason, Creativity and Freedom: The Communalist Model - Truth-Out - March 4th, 2017 [March 4th, 2017]
- Pankaj Mishra's 'Age Of Anger' Is A Flawed But Fascinating Intellectual History - Swarajya - March 4th, 2017 [March 4th, 2017]
- Thomas Isaac budget: Split between populism and Marxist rationalism - Times of India - March 4th, 2017 [March 4th, 2017]
- Philharmonic program celebrates passion, youth - Albuquerque Journal - March 6th, 2017 [March 6th, 2017]
- Interview with Deo Ssekitooleko Representative of Center for Inquiry International Uganda - Conatus News - March 7th, 2017 [March 7th, 2017]
- Is Democracy Dying Before Our Eyes In America? OpEd - Eurasia Review - March 7th, 2017 [March 7th, 2017]
- SBCC Presents 'A Flea in Her Ear' - Santa Barbara Independent - March 8th, 2017 [March 8th, 2017]
- A French Surrealist's Eclectic Remembrances of His Cohort, Finally in English - Hyperallergic - March 8th, 2017 [March 8th, 2017]
- Junk restrictive faith-based laws: Mumbai atheists - Daily News & Analysis - March 9th, 2017 [March 9th, 2017]
- How to Use Imagination to Grow Your Business - Business 2 Community - March 9th, 2017 [March 9th, 2017]
- Martyn Lawrence Bullard's Sumptuous Palm Springs Hideaway - Architectural Digest - March 9th, 2017 [March 9th, 2017]
- Saturday (novel) - Wikipedia - March 9th, 2017 [March 9th, 2017]
- Abortion Debate Poisoned By 'Pro-Choice' And 'Pro-Life' Labels - Huffington Post Canada - March 11th, 2017 [March 11th, 2017]
- Stand on Tradition - The Weekly Standard - March 11th, 2017 [March 11th, 2017]
- The bewildered present-day world - The New Indian Express - March 11th, 2017 [March 11th, 2017]
- I watched Alex Jones give his viewers health advice. Here's what I ... - Vox - April 8th, 2017 [April 8th, 2017]
- How James Ramsey of RAAD Studio, Carlos Arnaiz of CAZA, and BalletCollective turned design into dance - The Architect's Newspaper - April 8th, 2017 [April 8th, 2017]
- Going overboard with cow protection - Kasmir Monitor - April 8th, 2017 [April 8th, 2017]
- Anti-Intellectualism Is Just As Revolutionary As Liberalismand Much More Dangerous - Slate Magazine - April 8th, 2017 [April 8th, 2017]
- Pakistani thought process - Daily Times - June 6th, 2017 [June 6th, 2017]
- French president to the resistance: The world believes in you - Shareblue Media - June 6th, 2017 [June 6th, 2017]
- Sophisticated Man Is Stupid - American Spectator - June 6th, 2017 [June 6th, 2017]
- COLUMN: The statistical fallacy - The Auburn Plainsman - June 6th, 2017 [June 6th, 2017]
- Modi governments greatest trick: Hate the intellectual - DailyO - June 6th, 2017 [June 6th, 2017]
- A labyrinth is coming to Washington - Observer-Reporter - June 7th, 2017 [June 7th, 2017]