My friend, Anish

In Germany, they came first for the Communists, And I didn't speak up because I wasn't a Communist;
And then they came for the trade unionists, And I didn't speak up because I wasn't a trade unionist;
And then they came for the Jews, And I didn't speak up because I wasn't a Jew;
And then... they came for me. ..And by that time there was no one left to speak up.
Rev Martin Niemoller, January 1946

I am speaking up for Anish Trivedi.

Earlier this week, the well-known columnist, writer, playwright and broadcaster was sentenced to six months in jail and a fine of Rs 25,000 by a Special Court empowered to enforce The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (see box for relevant section). This was prompted by a column in this very newspaper in 2006, in which he criticized caste-based reservations in government offices.
The chatterati are agog.

While I am deeply aware that the lower castes have suffered great indignity and discrimination at the hands of the majority and I have no intention whatsoever to cast aspersion on the judiciary or the judgement of the learned court, let me make two simple points:

1. Anish Trivedi has been my friend for 45 years now. Very rarely have I agreed with him, on anything, least of all politics. His politics tend to be a little right-wing for my tastes and mine a little too liberal for his. Our friendship is based on mutual respect for a cogent point of view, regardless of whether one agrees with that view. And on a shared concern for India and what seems to be our gradual but certain spiral into darkness. The learned Court has thrown the rule book at Anish for stating an opinion. I certainly do not agree with that opinion, but that's all it is. And I daresay, there are a number of people in the country who do agree with him.

Are we going to start stifling opinion and free speech on the basis that it is 'offensive' to some people? Then why are we not going after the political thugs who spew casteist and communal venom at the drop of a hat? Is it that it's simpler to make an example of a soft target like a writer? When was the last time you heard of a politician hauled up by the courts for similar offences?

2. Trivedi has been charged under Section 3 (9) and (10) of the Atrocities Act. Read the entire relevant section in the box alongside. This is a law designed particularly to prevent the systematic physical abuse of the lower castes and deprivation of their basic rights, which occurs on a regular basis across our fair land. And to that extent, it is a laudable piece of legislation. However, surely this is a bit like using a cannon to swat a fly. Should we not be using law enforcement and the courts to prevent real atrocities instead of going after a writer who expresses an opinion against caste-based reservation? Whatever the merit of Anish's words, they are clearly not an incitement to violence.

Anish Trivedi may hold unpopular opinions. And he may not even be a very pleasant person. But the last time I looked, this was still a free country. I don't agree with his views but we lose the right to hold independent opinions at our peril, and to the great detriment of a free India.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
SECTION 3
Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe --
1. Forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance.
2. Acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste, or a Scheduled Tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood.
3. Forcibly removes clothes from the person of a member of a Scheduled Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity.
4. Wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or gets the land allotted to him transferred.
5. Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water.
6. Compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do 'begar' or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government.
7. Forces or intimidates a member of a Scheduled Caste or a Scheduled Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law.
8. Institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe.
9. Gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe.
10. Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view.
11. Assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty.
12. Being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed.
13. Corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the Scheduled Castes or a Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used.
14. Denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to.
15. Forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
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Tariq Ansari is Managing Director, Mid-Day Infomedia Ltd.