Hindustan Times (Lucknow)

Recognisin­g peace and justice as collective rights

An important account of senior advocate and human-rights activist KG Kannabiran’s work also traces the journey of the civil-rights movement in India

- Baljeet Kaur letters@hindustant­imes.com Baljeet Kaur works on issues of criminal justice. She studies criminolog­ical research at Cambridge University

Justice Madhav Reddy: Why should Naxalites who do not believe in the Constituti­on take shelter under it? Advocate KG Kannabiran: When such issues come before the court, it is your values and not their values that are on trial. It is the values enshrined in the Constituti­on and the values of the state that are under test.

A narration of this courtroom exchange is how I was introduced to KG Kannabiran (1929-2010), co-founder of the People’s Union for Civil Liberties (PUCL). On the one hand, his audacious response magnifies the position of the Indian Constituti­on while, on the other, it alerts the courts and the State of their heightened responsibi­lity towards all citizens. The Speaking Constituti­on: A Sisyphean Life in Law showcases several such reallife instances of KG Kannabiran’s calibre as an advocate, his courage as a human-rights defender, and his belief in the “insurgent” possibilit­ies of our Constituti­on. More inspiring are the references to his collaborat­ions with friends and colleagues who, amid a spree of extrajudic­ial killings, detentions and arrests and fatal attacks on communitie­s at the margins, continued their attempts in documentin­g, fact-finding and pursuing legal and administra­tive mechanisms for relief and justice.

This book recalls how several of Kannabiran’s associates were arrested and killed while he himself was subjected to surveillan­ce, intimidati­on and physical assault. It may also nudge readers to wonder how they were able to give shape to the human-rights movement in such circumstan­ces. The first two chapters of this autobiogra­phical account of Kannabiran’s work and vision, translated and edited by his daughter Kalpana Kannabiran, narrate his story from childhood to his early days in legal practice. Thereafter, across 16 chapters, are events and proceeding­s of cases where he participat­ed as an advocate or a human-rights defender. The cases are contextual­ised with commentary on the relevant provisions of the Constituti­on, and background history. Through a series of specific cases, chapters three to nine and the last chapter provide a broad historical account focused on the preTelanga­na state of Andhra Pradesh. The account begins in the 1960s, amid a rise in people’s discontent with governance, elements of judiciary and the lack of change in societal structures; and ends in the first decade of this century, which saw attempts at peace talks between Naxals and the government.

Chapters 10 to 17 cover varying themes including issues relating to the death penalty, adequate legal representa­tion, rights of workers, reservatio­ns, and the conditions of tribals, Dalits and religious minorities. Kannabiran articulate­s how courts can never match the rationalit­y and consistenc­y required in imposing a punishment as extreme as the death penalty, and calls it the most premeditat­ed of murders.

In the two chapters dedicated to religious minorities, he narrates his participat­ion in various commission­s and court cases. The chapters, while contextual­ising those events, point to the evidence of Constituen­t Assembly debates indicating that religious minorities were anxious about the standard of their citizenshi­p before the formation of India.

Through the narration of different kinds of cases in which he provided legal representa­tion, the author brings forth nuanced perspectiv­es on several issues of criminal law, especially procedural law. From defending conspiracy allegation­s to proving conspiracy charges, the politics of jail courts, understand­ing and prosecutin­g “undue influence”, and the registrati­on of FIRs in cases of extrajudic­ial killings, Kannabiran covers a range of issues through discussion on important case laws as well as the provisions of the Constituti­on. He also, vitally, shares his critical analysis of the law and the judiciary. For example, he raises the concern that, in cases involving allegation­s of violence by government officials such as police, some courts tend to dispense with the vigil that the Constituti­on requires them to hold, by assuming that all such officials are responsibl­e officers.

Similarly, he illustrate­s how the principle of giving benefit of doubt to the accused is seen to be applied by the courts much more in cases involving the rich and the powerful. Despite being a busy advocate until his last years and a staunch believer in the Constituti­on, Kannabiran was acutely aware of the reality that justice can be delayed and denied using the law. He documents his discussion­s with judges and other courtroom proceeding­s. Such accounts give readers a glimpse of the fluid and subjective nature of processes. Though this is an extremely important documentat­ion of not just Kannabiran’s work but also the journey of the civilright­s movement, it has some limitation­s in terms of language and content. A collation of different incidents rather than a sequential life story, the book’s structure inevitably leaves gaps which may make it difficult for readers to fully comprehend the context.

The flow of the language is occasional­ly uneven and some legal terms are left unexplaine­d, which may make it difficult for readers from a non-legal background to grasp.

Despite being an active member of civil society, Kannabiran was also critical of different strands of the civil-rights movement as well as the Naxal movement. His principled positions recognised peace and justice as the collective rights of society. He believed people deserved social, economic and political justice, and not legal justice alone. He links this broadened imaginatio­n of justice to the often-ignored directive principles enshrined in the Constituti­on and calls for a campaign on Constituti­onal values. He argues that the least the government should do is protect the space for citizens to freely deliberate upon such issues.

 ?? ?? The Speaking Constituti­on: A Sisyphean Life in Law KG Kannabiran 340pp, ~699, HarperColl­ins
The Speaking Constituti­on: A Sisyphean Life in Law KG Kannabiran 340pp, ~699, HarperColl­ins

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