The Man 

Fr. Stan Swamy, the Jesuit priest, was born on April 26, 1937. After completing his schooling, he undertook religious studies in 1957. There exists a solid relationship between the life of Fr. Stan and the mission of the Jesuits. It was his intense desire to work for the weaker sections of society that inspired Stanlaus Lourdswamy to join the Society of Jesus at the age of twenty-three and take up the mission of a lifetime. It was at the age of 28 that Fr. Stan had his first visit with the tribals. In 1965, he spent his training period of 2 years working at St. Xavier’s High School, Lupungutu, Chaisbasa in West Singhbhum. It was this experience that left a lasting impression on the life of Fr. Stan Swamy. When he visited the tribal places and markets with his students, he saw how other merchants and traders cheat these tribals and felt great pain. But he thought he couldn’t do anything against this at that time. After his 2-year service in the school, he went to Manila in the Philippines to obtain a master’s degree in sociology and it was in Manila that he saw the protests and other forms of struggle of the people against an oppressing system. After completing his studies in Manila, he came back to Chaisbasa again to learn the life and challenges of the tribal community.

 After his return from the Philippines, he worked with the Ho community in Jamshedpur, then in the Indian Social Institute, Bangalore. Long years of his service in the Indian Social Institute could inspire the youth from various parts of the country. Systematic training sessions and education were given to them. Relentless effort to train people in scientific social analysis and his lived example of living with the oppressed inspired many social activists. By 1991 Fr. Stan moved to Jharkhand. The responsibility of creating a centre in Ranchi to coordinate the works related to Adivasi displacements in Ranchi was given to him. Later in 2006, he founded Bagaicha, a social action centre in Jharkhand. The centre was active in addressing the issues of the people. His life was committed to the welfare and upliftment of the Adivasi groups of Jharkhand. The focus was given to the issues related to displacements and their community rights over natural resources. Fighting for the rights of the Dalits and the Adivasis, he tried to reach out to the undertrials and to their families for obtaining bails for them.   

His Vocation

It is pertinent to discern the structure and values of the Jesuits to contextualise the vocation and standpoint of Fr. Stan Swamy. The Jesuits are an apostolic religious community called the Society of Jesus. Founded in 1540 by St. Ignatius Loyola, their spiritual vision is to find God in all things. They work for the good of all humanity. The origin of the Society of Jesus is related to the sale of indulgences, which existed in the Catholic Church during its Middle Ages. The purchase of indulgences is supposedly believed to spare human beings from the sins committed by them in the past. Soon this became a method of exploitation, whereby rich people can buy indulgences for whomever they want. Martin Luther opposed the idea of the sale of indulgences by stating that it was against the teachings of Jesus Christ and eventually initiated Protestant reformation. The Roman Catholic church faced this reformation through the formation of the Society of Jesus- a counter-reformation movement, under the leadership of St. Ignatius Loyola.

They uphold the belief that the mission of the Jesuits in this world is the service of faith and the promotion of justice. They have espoused three things from the Liberation Theology namely, truth, justice, and forgiveness. Liberation Theology is a Christian theology that emphasizes the concerns of the marginalised communities. Rev. Peter-Hans Kolvenbach, S.J, referring to the Decree 4 of the General Congregation 32 points out that service of faith refers to Christ the suffering Servant carrying out his “diako- nia” in total service of his Father by laying down his life for the salvation of all. Thus, for a Jesuit, “not just any response to the needs of the men and women of today will do. The initiative must come from the Lord laboring in events and people here and now. God invites us to follow Christ in his labors, on his terms and in his way.”. The idea behind this is to help people become more open to God and willing to live according to the gospel. The Gospel demands a life in which justice is respected and ensured, a life free from exploitation and ego, a life of openness and generosity. So promotion of service is an integral part of promotion of faith. This enables them to experience the life of those people whose voices have been denied, face the complexity of their lives and act accordingly. Also, becoming aware of these problems will enable them to preach the gospel in a better way. Analysing the social, political, and economical conditions of people and the region, in general, is necessary for the promotion of justice. For that intensive studies about various disciplines is inevitable to make precise decisions. The Jesuits consider the promotion of justice as a part of their whole life and a dimension of their apostolic endeavours. Society believes that often the places of our works isolate us from the poor and the marginalised. The acquisition of required skills is a must in order to work with them. So the Jesuits live with families who are often marginalised from mainstream society.

His Mission

 The activities of Archbishop Helder Camara, who was known as the Bishop of the slums, influenced Stan Swamy to a great extent. “When I give food to the hungry you call me a saint, but when I ask how they became poor, you call me a communist”.  These words from Archbishop Helder Camara influenced Stan Swami and explains the lifestyle he chose for himself. Stan Swamy couldn’t tolerate injustice. It was this thirst for justice that inspired him to serve the tribal people.

Stan Swamy became active with his work among the tribal people in Jharkhand in 1991. Jharkhand is a region blessed with natural resources. 40% of the mineral resources (Uranium, Mica, Bauxite, Gold, Silver, Graphite, Coal, Copper) in India come from Jharkhand. But 39.1% of its population is below the poverty line and 19.6% of children under five years of age are malnourished. Hence, the state suffers from what is sometimes termed as a resource curse, also known as the paradox of plenty or the poverty paradox, which is the phenomenon of countries/places with an abundance of natural resources (such as fossil fuels and certain minerals) having less economic growth, less democracy, or worse development outcomes than countries/places with fewer natural resources. Most of the territory of the state is forestland, and only 24% of the people live in the cities. The rest of the population makes a living relying on the forests. The corporates who enter the region with an eye on the plentiful natural resources often trample the basic rights of the tribal communities who inhabit the place. The tribal people form one of the weakest sections of Indian society and are often on the receiving end of multilayered exploitation. The ignorance about their own rights and the innocence that do not permit them to recognise the atrocities committed against them make them victims of the exploiters. The governmental structures also promote the interests of the corporate giants, watering down legal documents (like the Chotanagpur Tenancy Act and Santhal Parganas Tenancy Act) related to the protection of tribal land and the self-identification of the tribals, and labeling anyone who raise a protesting voice as Maoist. Jharkhand is the 5th most industry-friendly place in India, but also has to its credit the first position in keeping the maximum number of people without trial in prisons for being accused as Maoists. These facts expose the extent to which justice is denied to the tribals. Working in the midst of such circumstances, Stan Swamy couldn’t keep his mouth shut at the atrocities that he witnessed around. 

Stan Swamy’s activities have their ideological roots in liberation theology. Liberation theology suggests that along with the confirmation of eternal life, the liberation of those who suffer from injustice and inequality on earth is also part of the Christian mission. This branch of theology had its origins in the 1950s in the Latin American countries where severe economic inequality prevailed as a result of the elitist nature of the church and governmental structures. This philosophy which shares many similarities with the Marxian is supposed to have paved the way for the Civil rights movement in America in the 1960s. Liberation theology has later been the inspiration behind popular movements and religious reformation across the world. 

Stan Swamy has remarked that the vision of the tribal people about life and his life with them has influenced his style of work to a great extent. The tribals believe that the Earth is equally owned by human beings and other creatures, and Stan Swamy’s protests were also a proclamation that the resources of this Earth can be no one’s monopoly. The salvation of all living beings is the politics put forward by these people who have pledged to not let their land be transferred to the hands of the exploiters even if it costs them their lives. 

Fr. Stan worked mainly among the tribe known as Ho. They are otherwise known as “The Forest People (Porhat)”. Forest people are those members of the Munda and Ho caste who live in the forested areas and whose subsistence depends upon hunting, the gathering of forest products, and the cleaning of virgin forest for cultivation. The cultural diversity and differences among different tribes are very high. But many of them share some elements of their culture in different ways. The Munda’s and Ho’s are two tribes that share many cultural similarities. They adhere to the stereotype of themselves as simple, honest, and naïve. In contrast to that, they perceive outsiders (dikus) as greedy and cunning. In a study conducted by Barbara Verardo among these tribal communities, they repeatedly told the researcher that dikus cheat, take advantage of, and disrespect tribal people. They even said that dikus sucks Munda blood and steals, which is almost a stereotypical description of the nature of the relationship between adivasis and dikus.

The roots of this stereotypical outlook towards dikus have been a result of a large number of exploitations of the adivasis by outsiders, especially government officials. In the thesis “Rebels and Devotees of Jharkhand: Social, Religious and Political Transformation Among the Adivasis of Northern India”, the author Barbara Verardo quotes many instances and cases where the adivasis were cheated by government officials in the name of development. Along with this the city-dwelling traders and middlemen who mediate the trades of the adivasis had also exploited them in so many ways that they became skeptical about any outsiders and lost the trust in anyone other than tribals.

All this exploitation and displacement of tribal communities in the name of development was a heart-breaking sight for Fr. Stan and he couldn’t sit without doing anything in the face of such injustice, especially after his experiences from Manila. He educated the tribals about their rights and later in 2006 he set up a research centre called Bagaicha with the help of the Jesuit Community and other intellectuals and activists. Another major part of his work was regarding the displacement of tribals and adivasis in the name of development projects like mining, dams, and the creation of industrial belts. The idea, Swamy said during an interview, was to “focus on these two issues, land alienation and displacement caused by developmental projects like mining, dams and creation of townships without the consent of the people… and it was often such people who were at the receiving end. It became our task to … work with (young people of the Dalit and adivasi communities) and help them to understand scientifically the issues they are facing. And if this is the issue, what will be the nature of the people’s movements and people’s organisations, and what could be the strategies that need to be worked out.”

It is his peculiar approach in taking up the issues that makes Stan Swamy unique. He used to take some time to study and analyse the matter to its minutest details, rather than getting into open combat with the Government or a Company in the beginning itself. There is an incident to cite that reveals the depth of his thought process. Once, when the tribal youths who protested against forceful eviction of tribals from their land were arrested by the police accusing them to be Maoists, Stan Swamy studied similar cases from eighteen other districts of the state and revealed some shocking facts. According to his findings, 97% of the accused had no links with the Maoists. Moreover, about 3000 Adivasi youths and 2000 Dalit youths who were arrested, accused of being involved in different cases. were kept in the jails without any trial. This issue was brought to the court as public litigation, and the court asked the state government to submit all the documents related to the cases. 

Stan Swamy’s fifteen years of experience in the Indian Social Institute (ISI), Bangalore, and the knowledge he obtained from the various academic endeavours undertaken earlier have played an important role in developing his modus operandi. During his tenure as lecturer and director in ISI, Stan Swamy had led many studies on the issues faced by Adivasis and Dalits, and had also published them. He was also involved in the design and conduct of many training programmes in community organisation and community development. The beneficiaries of these programmes which had attained fame in South India were mostly youth from the marginalised communities. It enabled them to take up the leadership of movements of Dalits, Adivasis, and fishermen at different levels. Stan Swamy, who stated while in NIA custody that he wished to be known as a “trained sociologist,” used to reveal the root cause of the social problems through his studies and research. 

Social change is possible only by the reformation of the lowermost sections of society. Stan Swamy believed that it is essential that solutions for the issues faced by the Adivasi community should emerge from their own midst. In the early 1970s, when he was in Jamshedpur, Fr. Stan had worked with AICUF in a project that aimed at the development of critical thinking in the tribal youths. Later when he became more active in the region, his activities were aimed at rejuvenating the traditional governance systems of the tribals, and in 2006, he founded the Bagaicha centre in Ranchi, for bringing together the activities of different tribal organisations. Stan Swamy had firmly believed that the tribal communities can achieve progress only by standing firm in their own value systems and had proclaimed that the consumerist values of neo-capitalism have no role to play there. It was as a reflection on these ideas that he stood in the forefront of the struggles for the tribal self-governance acts (PESA, 5th Schedule of Constitution).

Stan Swamy was a follower of the Gandhian philosophy of non-violence throughout his life. His life provides us with deep insights into how our struggles for the poor should be designed. Most of the struggles for justice falter when they are not founded on any principles and turn violent. His research rooted in Gandhian – Marxian ideologies were the pillars that strengthened Stan Swamy’s protests. Hence, his fights will not and cannot come to an end with his demise. Stan Swamy’s fights for the tribals were alternative formations of his immense love for them. He was a man who lived and died as a tribal though he was not born as one. Therefore, the voice of the marginalised sections in India whom Stan Swamy defended with his life will continue to reverberate here. 

“Even A Caged Bird Can Sing”

Stan Swamy was arrested on 8 October 2020 on the grounds of his alleged connections with CPI (Maoist). He was accused of being involved in the conspiracy behind the Bhima Koregaon attack that happened in 2018. In the Battle of Bhima Koregaon of 1818 when the British troops attained victory over the Persians, the army was mainly constituted of Dalits. Hundreds of Dalit people had convened near Pune on 1 January 2018 to commemorate this victory. Much violence occurred during the event and caused a lot of damage. An FIR was registered at Pimpri Police Station against Hindutva leaders Miling Ekbote and Sambaji Dhita on the basis of eye witness accounts, but another FIR was filed by Pune police on 8 January 2018. It claimed that the attacks were a continuation of the Elgar parishad conducted in Shaniwar Wada near Pune on 31 December 2017. Arrests were made accusing that this event was organised as part of the Maoist agenda.

The NIA claims that all those who were arrested in connection with the Elgar parishad/ Bhima Koregaon case have connections with the banned organisation CPI (Maoist). Arrests have occurred in the case from 2018 onwards. Stan Swamy was one of the many human rights activists arrested by Maharashtra police from different parts of the country accusing them of having had relations with Maoists and with the Elgar Parishad convention. Surendra Gadling, an Advocate who works for the upliftment of Dalits; Rona Wilson, a Keralite who work for the liberation of political prisoners; actor Sudheer Dhwala; Shyoma Sen, a feminist activist and Professor at Nagpur University; Mahesh Raoth, a writer; Sudha Bharadwaj, a labour union leader; Varavara Rao, a poet; Arun Fereria, a lawyer; and Werner Gonslave, a writer and teacher, were also there among those who were arrested. As their arrests were recorded under UAPA, Stan Swamy and the others had to stay in the prisons without bail. It is UAPA that has been used to suppress the voices of dissent. What is UAPA and how does the state deploy it against the’ unwanted’ elements?

The Unlawful Activities Prevention Act (UAPA) is an act that has been criticised widely in the country. Various terrorist laws have been introduced in independent India during different periods of time. Terrorist and Disruptive Activities (TADA) Act and Prevention of Terrorism Act 2002 (POTA) were introduced and later withdrawn because of widespread protests.

 UAPA was implemented in 1967. Many amendments were later brought into the Act. The Act was originally formulated with the intention to prevent Indian organisations from getting involved in unlawful activities. The fundamental aim of the Act is to restrict activities against the integrity and sovereignty of the country.

The National Integration Committee was constituted by the National Integration Council to study the different aspects of the restrictions implemented in the country to protect its sovereignty and unified nature. The recommendations of the committee led to the 16th amendment of the constitution in 1963. This provided the government the power to make new legislation that can bring necessary restrictions to protect the sovereignty and unified nature of the nation. The UAPA bill was introduced in the parliament following this. 

UAPA has provisions that undermine justice and challenge the rule of law based on the Constitution. The proceedings of the Criminal law permit the victims to be kept in custody for 15 days and the period can be extended to a maximum of 30 days. However, if the arrest is done as per UAPA, the period of custody is 30 days and extra custody can be prolonged to 90 days. Thus, the accused can be kept in prison for 90 days without even filing a charge sheet. The 2019 UAPA amendment has brought in a critical scenario where the NIA can announce individuals as terrorists. NIA can arrest the accused and confiscate his/ her property even without taking the permission of the state government. 

NIA officers above SI rank can exercise this law. It permits the police to prosecute anyone at any time. Moreover, there is a strange provision to put those who confess the crime in prison for 6 months even before submitting the crime sheet. 

In a democracy, an explanation must be given to the accused before he is charged with a crime. This is not applicable to UAPA. According to the 35th section of UAPA, the government can declare any organisation as a terrorist organisation based on “suspicions.” Such organisations will be included in the first schedule of the Act. Anyone who supports or provides assistance to these organisations can be punished according to sections 13, 16, 17, 18, 38, 39, and 40 of UAPA. Unlawful intrusions also presently occur in India. The spy software Pegasus has been used to scrutinise any individual beyond the limits of any law. Recently published reports reveal that more than three hundred mobile phones in India had been under the surveillance of Pegasus software. 

Fr. Stan Swamy is the oldest person in the country to be arrested under the UAPA. He was 83 years old when he was arrested from Ranchi in October. Stan Swamy had stated that the files taken from his computer as evidence for his Maoist connections were manipulated and placed there by the NIA themselves, but no legal inquiry was made into this claim. The American Forensic agency Arsenal endorses Swamy’s argument and reports that such files were secretly placed in the devices of all those who were arrested by UAPA.

The state’s attitude towards Stan Swamy demonstrates that the establishment is hell-bent on silencing any dissent voices. Everything in their arsenal was employed in order to mute an aging priest who lived as an Adivasi. While in custody Stan Swamy was denied his sipper straw, which he needed to drink water owing to his Parkinson’s disease. His health rapidly deteriorated in jail and he was denied proper treatment and medical bail. All these could be interpreted as a kind of retribution by the state. Swamy had foreseen his own death at what turned out to be his final bail hearing. “If this goes on, I’d rather suffer and probably die here very soon,” he had said. He spent over 8 months in jail before succumbing to heart attack on July 5, 2021. Stan Swamy’s death was, by all accounts, an institutionalised murder. 

“What is happening to me is not something unique; it is the broader process that is taking place all over the country. We are all aware how prominent intellectuals, writers, poets, activists, student leaders have been put into jail because they have expressed their dissent or raised questions on the ruling powers. We are part of this process. In a way I am happy to be part of this process because I am not a silent spectator; I am part of the game, I am ready to pay the price, whatever it may be.” said Fr. Stan Swamy a few days before he was arrested on October 8, 2020. Stan Swamy was well aware that fighting for justice would cost him his life. But he was undaunted by the powerful. His passion for the tribal people was the driving force for his decision to stay firm in the course. His life will continue to inspire generations to be with the disadvantaged and marginalised.