...Whatever happened before independence and after independence are totally difference circumstances.
Why? The principle of peaceful protest against unjust laws is still the same. The main weapon Gandhi used was breaking duly enacted laws that were unjust, and easy to break.
Post independence, except a few years during emergency of Indira Gandhi era, the country is totally democratic and rule of law was prevailing throughout.
.... and people call me naive ...
Probably Arundhathi Roy could have filed a review petition in the Apex court and argued her case more effectively. Instigating tribals against their own elected government is not correct. She can also fight elections, get elected and fight for her rights in legislative forums.
Yes, she could do a lot of other things, but she wants to do what she wants to do and that I think is great. She is not instigating anybody, she is is giving voice to the voiceless.
Democracy is not just elections -- that even Saddam Hussain conducted. The pillars of liberal democracy include protection of minority rights from the whims of the majority, and the basic and fundamental right of peaceful dissent.
Peaceful dissent is what Gandhi, MLK, Mandela, and scores of others practiced and advocated. This is what some poor adivasees affected by the Narmada River Valley Project did against the government that decimated their way of life for the sake of city dwellers. This is what Roy is also doing, on behalf of the voiceless.
Any government that takes away the basic right of peaceful assembly and protest is a tyrannical one, even if it is one elected in a fair and free election.
Civil disobedience is about resisting government actions, legal or illegal, in a non-violent way. Allowing peaceful protest is more a mark of a democracy than elections. What is lawful one day may become unlawful in another. Unlawful things become lawful. Wiki says, law is simply a system of rules enforced through a set of institutions. The government PRC is lawful. British colonial rule was a lawful one, because it was within the rules they established. They even conducted elections.
In the U.S. up until some 40 years ago, in the south, there were laws duly enacted by democratically elected governments that treated black Americans as second class citizens. MLK led a civil disobedience campaign against these unjust laws. Mandela was imprisoned by the Botha government according to their prevailing laws, unjust laws though they were.
I have no sympathy for the Naxalites. I abhor their tactics. But how much better is the police force in those areas? Roy says the government is determined to clear the area of the tribals so the MNCs can move in for the mineral riches that lie below their land. Roy says more than 600 villages have been burned down and thousands killed and hundreds of thousands displaced. A way of life is being eradicated in the name of economic progress. These are actions of democratically elected governments in a lawful manner!!
Getting elected or filing court cases cannot be the only avenues of redress in a liberal democracy. Often these door remain firmly shut for the ones who need protection the most. Peaceful protest is part of the arsenal at the disposal of civil society. As the cliche goes, those who make peaceful protest impossible, will make violent revolution inevitable.
Cheers!