In a stunning turn of events, celebrated Indian author Arundhati Roy, renowned for her Booker Award-winning novel ‘God of Small Things’ in 1997, is facing the possibility of a lengthy prison sentence. The Lieutenant Governor of India’s capital city, Delhi, Vinai Kumar Saxena, has given the green light for Delhi Police to prosecute Roy and a former Kashmir University professor. This prosecution is in connection with a 2010 event that allegedly promoted the idea of India’s territorial break-up.

The charges against Arundhati Roy and the professor stem from their alleged delivery of provocative speeches in public. Delhi’s Lieutenant Governor found a prima facie case against them under Sections 153A, 153B, and 505 of the Indian Penal Code. It’s important to note that permission for these prosecutions was granted under Section 196 of the Criminal Procedure Code, which mandates state authorization for such cases.

One of the most critical factors in this case is Section 13 of the Unlawful Activities (Prevention) Act (UAPA), which deals with punishment for advocating, abetting, or inciting unlawful activities. This section carries a potential sentence of up to seven years in prison.

The allegations date back to a November 2010 event when Roy and the professor, along with others, allegedly delivered provocative speeches at a conference organized by the Committee for Release of Political Prisoners under the banner of “Azadi – The Only Way” (Freedom, the only way) on October 21, 2010. Two other accused individuals, Kashmiri separatist leader Sayed Ali Shah Geelani and Syed Abdul Rahman Geelani, have passed away during the course of the case.

While the police also charged Arundhati Roy and others under sedition laws, a decision regarding Section 124A of the Indian Penal Code is still pending in the Supreme Court.

Delhi Police initially sought prosecution under several sections of the Indian Penal Code, including 153A, 153B, 504, 505, and Section 13 of the UAPA against Roy and the professor. However, permission was granted only for the prosecution under three IPC provisions.

Section 153A of the Indian Penal Code deals with promoting enmity between different groups based on various factors, including religion, race, place of birth, residence, language, and more, while doing acts prejudicial to harmony. Section 153B pertains to imputations and assertions prejudicial to national integration, and Section 505 relates to intentional insult with the intent to provoke a breach of the peace.

  Arundhati Roy, Delhi, India, New Delhi, Vinai Kumar Saxena