Nobody in their right mind wants to go to jail. Unless you are a VIP prisoner and the prison administration is willing to bend the rules for you, life can be tough. Adjusting to an Indian style toilet and living without an air conditioner — these thoughts are enough for most elite, well-to-do people to shudder at the idea of entering a prison.
There is no dearth of people in India who’d like to resist injustice but are afraid of spending a night in jail. Hence, they choose silence. It would be unfair to blame them. After all, no one should have their freedom curtailed unless they have committed a crime that deserves punishment to give the victims a sense of justice, and preserve social order.
If your crime is theft or murder, and you are given a chance to avoid jail by offering an apology, you will likely tender the apology. But when it is a thought crime — when your mere opinion is liable for jail — an apology can have damaging repercussions for society and democracy. If Prashant Bhushan had apologised — or if he does so in the ongoing saga — it will be hugely demoralising for the struggle for democracy in India.
Also read: Mistake must be realised, and it must come from the heart, SC tells Prashant Bhushan
A sacrifice for democracy
There are moments in history when it is critical to make the right choice, no matter how great the personal sacrifice. Six months in jail is no easy sacrifice. But history remembers those who make sacrifices for democracy and freedom. No matter what you think of Prashant Bhushan, his Gandhian refusal to tender an apology against his beliefs has already earned him a place in history books.
We remember those who went to jail in the freedom struggle, or those who went to jail during the Emergency. The world will never forget the sacrifices of people who had to spend years in jail for mere insistence of the freedom of speech and liberty of thought. It may seem ridiculous to some to compare Prashant Bhushan to Mahatma Gandhi or Nelson Mandela, but his principled submission to punishment is of similar nature.
Also read: India turned a blind eye to Justice Karnan, an ‘outsider’. Prashant Bhushan is different
Looking beyond the ‘two tweets’
The issue at hand is not just ‘two tweets’ or a contempt law well past its time. The issue is not even limited to the constitutional right to freedom of speech and expression. It is much larger. Questioning all pillars of democracy, and their fairness and commitment to upholding the Constitution, have today become an urgent task. It is not just about Article 19 but about the entire sacred book of our republic. This is not about questioning one judge or four, because the questions are inextricably linked to the larger battle for the soul of India.
India would be a very different country if we didn’t have Gandhi. He’s not just the familiar face on the currency note. When even a Narendra Modi has to bend before Gandhi while giving Parliament seats to those who hail Gandhi’s assassin, it tells you that Gandhi remains the moral centre of the nation.
Gandhi went to jail six times in South Africa and seven times thereafter in India. On one such occasion in 1922, he told the British judge: “I do not ask for mercy. I do not plead any extenuating act. I am here, therefore, to invite and cheerfully submit to the highest penalty that can be inflicted upon me for what in law is a deliberate crime and what appears to me to be the highest duty of a citizen.”
In taking inspiration from Gandhi’s way of resistance by accepting a punishment he thought was unjust, Prashant Bhushan has made us realise the power of Satyagrah. Often mistaken as passive resistance, Gandhi’s non-violent means were actually an assertion of power.
Prashant Bhushan’s courageous assertion of his “bonafide beliefs” and the embrace of punishment explains to the India of 2020 what Gandhi meant when he said satyagrah was a weapon of the strong.
Also read: 280-character tweet is all it takes to destroy Indian democracy — if you believe Supreme Court
Inspiration for others
When the judge sentenced Gandhi to six years in prison in 1922, he said he would be happy if the British Indian government reduced his sentence. The Supreme Court gave Prashant Bhushan an opportunity to escape punishment despite having found him guilty of a crime. And the Modi government’s top lawyer, Attorney General K K Venugopal has changed his position to recommend that Bhushan not be punished.
Bhushan’s answer to the offer to apologise invoked Gandhi. Just as Gandhi has inspired Prashant Bhushan, Bhushan’s courage will inspire many others to stand up and give personal sacrifices for democracy.
Prashant Bhushan’s words will not be easily forgotten: “I can only humbly paraphrase what the Father of the Nation Mahatma Gandhi had said in his trial: I do not ask for mercy. I do not appeal to magnanimity. I am here, therefore, to cheerfully submit to any penalty that can lawfully be inflicted upon me for what the court has determined to be an offence, and what appears to me to be the highest duty of a citizen.”
Courage, they say, is contagious.
The author is contributing editor, ThePrint. Views are personal.
Another delirious article from Shivam Vij.
They listen to their own echo chamber. Never thought it will create the reaction it has.
Mandela! The person who spent his entire youth in jail…31 long years….you are prashant bhushan with him!!! If the Print ever went down…it will be because of an absolute dimwit like you
Shivam is (always) right. Prashant should refuse to apologize and go to prison for a good 6 months. In fact, he should demand imprisonment of 12 months and voluntarily pay a fine of rupees 1 crore to the SC, even if law does not provide it for it. This will set a good precedent for future and the law can be amended suitably as well by the Parliament.
SC needs to be strict in awarding punishment to him and he should not be treated with any undeserving kindness.
People like Mr Bhushan are like small diyas in a sea of darkness enveloping us and hopefully, more of us will be inspired by him and have the moral courage to stand up for truth, democracy and secular values. Though the comparison with great men from history may seem over the top, men achieve greatness on the basis of their courageous actions in the face of moral adversity, and so it looks entirely appropriate in this context.
Thanks,Mr Vij for an excellent article.
Mahatma gandhi is last refugee of the scoundrels. Ask any young Indian what they think of him and you will stare at truth that will make you squirm.
On the evening of 7 April 1775, Samuel Johnson made the famous statement, “Patriotism is the last refuge of the scoundrel.” And he was refusing to the kind of the patriotism that is on display these days. And looking at your statement and the opinion (which you are inferring based on what young Indian ‘thinks’ of him) one cannot doubt that someone said you the statement “Patriotism is the last refuge of the scoundrel”. And you have shamelessly substituted words. Now claim that you never heard this statement as scoundrels can be expected to do the unexpected foolishness.
It seems you call yourself patriot, that is on display these days. A patriot whose patriotism becomes visible with the name of the countries like Pakistan and India. A patriot to whom even the RIGHT THINKING members seems to anti-national, may be because they think right-wing means they are right.
Samuel Jhonson remarked that “Patriotism is the last refuge of the scoundrels”. He was actually referring to the patriotism like yours. It seems someone has informed you about the quote because of your views or May be you saw it somewhere and saw yourself in those lines. Whatever is the case, don’t behave like the same and don’t reason by saying ‘ask young Indian about what they THINK’. If our young Indian were really smart, employment would have been an issue for them while voting in 2019.
Unfortunately our ‘youth Indian’ have boarded the ‘development bandwagon’ in 2014 and refuses to alight themselves even when they know that the station of development is in the opposite direction. When they can see that they are travelling backwards in time by going back in the era of ‘religious darkness’. Someday they will understand the relevance of everything but by then they would have already harmed the interest of several Indians. And one who is against Indians and their interest are Anti-Indian.
Editor don’t insult our father of nation for p.b he is an anti indian
@shivam, please correct me if I’m wrong but unlike Prashant Bhushan, the Mahatma had not tried to defend himself and had infact pleaded guilty during his trial for sedition and demanded that the most stringent punishment be awarded to him. However, Prashant unsuccessfully tried to defend himself from being convicted but got convicted nevertheless. As far as contempt law is concerned, i expect a senior lawyer like Prashant Bhushan to first exhaust remedies in law regarding his greviences against the court and resort to such antics only after all those options have failed…just like how the Mahatma had done. Coming back to contempt, i do feel it’s an outdated law and we must learn from the British position in the Templeton case which Shekhar had beautiful illustrated during his cut the clutter episode.
You fulfilled Prashant’s vision of self aggrandisement by degrading Gandhi and Mandela . Apni akal ka maatam karo !
Raat bharka mehman hai andhera kiske roke Roka hai savera.
Shivam terribly need a vacation.
Putting Prashant Bhushan in the same league ok Mahatma Gandhi! What an absurd thinking! The author needs to go back to school.
Wonder how print is allowing deranged people to publich stupid articles.
Lets get this correct. In 399 BC it was Socrates who refused to apologize and thus was poisoned to death by the court.
Shivam is out of his mind to compare with Gandhi and Mandela
What an insult to Gandhi and Mandela?
Prashant Bhushan Is just another lawyer who made a career of tilting at windmills through all his PIL cases.
The main problem with so called honest person is that he becomes entitled to call rest of the world corrupt. He does not stop here. He becomes an institution in himself to vouch for someone’s honesty and integrity. Look at the audacity of the person he has started comparing in the league of Gandhi and Mandela. Let he cleanse himself first by observing fast for months together and when he feels that he has become a blessed person try out to emulate Gandhi and Mandela. So far he has been living for himself only and nursing his ego,
Going to jail once doesn’t put you in Mandela and Gandhi’s league. The author of this article is naive and extremely left leaning idiot.
Maybe you guys need to take another look he may be GOD also, I don’t know why media specially ThePrint are comparing him with freedom fighter he has faught for various Public issues and I admire him for this but comparing him to Savarkar ,Gandhi and Nelson Mandela is like a joke .
I m happy Shivam Vij didn’t say he’s an avatar of vishnu
He can’t. Because Modi has already been anointed as Avatar of Vishnu by the army of Hindutvadi trolls.
Your article has hurt a few manuvadis as evident from the Rss it cell hires’ comments
I think the appropriate comparison would be
RIOTERS in DELHI AND BANGALORE being VICTIMS
Lol ,good joke ,belongs to ur ideology appreciation is must ,Worst article then u must be some revolutionary journalist I guess??????
Why you compare a left fascist advocate to Mahatma Gandhi and Mandela. He is a cheap publicity seeker
Aise article likh te ho
Aur paise ki bheek bhi mangte ho..
Aise kaise chalega COUPtaji?
?
Print is always honest. You are not anti India like Quint, wire or scroll. Thats why I’like you.
!! Asatyam Shivam Sadaa Sandesham !!
By that standard, Shivam We…zzzzzz is no lesser than Albert Einstein !!
??
Rahul Gandhi and Winnie Mandela
Did you just compare Prashant Bhushan with Mandela!!!! and Gandhi! Goodness! So it’s official now – this journalist is downright crazy.
Shivam Vij needs to see a psychiatrist. Needs serious counselling.
Not he You need one.
And from which psychiatric ward did you escape Mr Prasad Lele? When you make sweeping statements with no underlying basis, you will be paid in kind Mr Lele.
Didn’t Prashant Bhushan make sweeping statements against supreme court
I agree.
Joke of the day indeed.
so it will seem to nazis.
Everyone knows what is happening. Its just score settling. No amount of fake trends & bending over backwards by media houses can make it right.
Those honourable judges are ruining the institution. Soon, politicians will overpower them all.
I really appreciate and salute Prashant Bhushan
You are as Crazy as him,STUPID’.
Prashant Bhushan, at least to me, has redeemed himself from being just a RTI activist to being a crusader of democracy. Our judiciary, of late, seems to be riddled with pro-government bias while ignoring the paints of common citizens who, on the face of it, have been horribly wronged by a ruling dispensation bent upon having it’s way by treading on rights enshrined in our constitution. Well done Prashant Bhushan.
So cool. Please share your views of the time when Prashant had argued for prison for fellow lawyer in 2017 for contempt of court. The likes of you(including Rajeed, Barkha etc etc) are conviniently refusing to even discuss 2017 incident. That person who has been to prison in 2017 then applying same yard sticks should be more equal to “Mahatma & Mandela” and Mr. Bhushan accordingly should be exposed as strong critic of such “Mahatma or Mandela”
I agree with Vij here , on one hand you have people like Gogoi who accept post retirement sinecures and on the other you have Bhushan who is willing to go to jail . This is poor thinking on the part of those who want to punish bhushan they are making a martyr of him . This works in the way of unintended consequences . The majesty of law , whatever that means in a country like India , diminishes and the majesty of the ‘rebel’ increases .
Honest ppl don’t apologise.
You commies will put him in the same league as Jesus in some time. Thanks
Gandhi requested the judge to offer him maximum sentence. Bhushan is demanding right of contempt to judiciary with no punishment.
Many are calling it a self goal by the honourable apex court. It does not seem to be reading the national mood correctly.
Not just a self-goal, the SC has even landed the Modi govt in a serious pickle and hence AG Venugopal opened his mouth yesterday. If PB is sent to jail, it makes him look like a martyr in the cause of justice and truth (hence Shivam Vij’s fancy comparison to Gandhi and Mandela) and in the bargain if some international organisation (like Amnesty or Nobel Committee) then confers some award on PB for his defiance, then the govt and SC will become a laughing stock. If on the other hand, they let him go and PB keeps repeating all that he has been saying about corrupt judges in SC and current justices not doing enough to uphold the law, it will encourage defiance from others as well. An example has to be made but if PB refuses to apologize, it will be tough for both SC and Modi sarkar. Let us wait till 24th. I think Shivam Vij also needs to go easy with the Gandhi and Mandela comparisons till PB actually goes to jail.
And what’s the National Mood dear Seer?
yes prashan bhushan is the next gandhi inthe making. !!!!!!!!!!!!!!!!!!!!!!!!
One of the most useless self satisfying article by a useless writer. Your publication is meant for these type of people who write and read. General public neither reads nor has any connection with these type of self serving journalists. Please be reasonable and don’t criticize anything and everything. You may have your following but my type of people will never subscribe to your view since they are not true to truth and not good for the future of the country. You people write a lot and get them published at a lot of places but people are now more aware and don’t like & subscribe to these nonsensical articles. They are all paid journalists and paid advocates and have nothing to do with anything which is good for India. For 65 years, the Congress looted but these (and you people also) never had any problem. Now when somebody is trying to set right the things, this whole ecosystem is rising in one voice. In these endeavors you people have forgot the difference between right for the nation and good for China.
I agree with your comments except one on Congress party. Let them prove legally.
What an unbelievable and astonishing tirade against a good article.
The article never spoke about individual but the value of courage and passive resistance that reminds of Gandhian struggle. Unfortunately any independent articles contrarian to what Bhakts(they like to call themselves majority these days)want to hear are slammed mercilessly.
Urge readers to go through Supreme Court handling of right to free speech cases that appeared in an Indian Express editorial today.
The same league as Charles Shobharaj, I think
This Bhushan guy wasted more than a year of precious time of several unemployed youth of SSC CGLE/CHSLE-2017, bringing them to the brink of doom, paranoia, desperation and in some cases, even suicide. I don’t approve of any malpractices in any exam, but all the while he kept on submitting to the court that the exam was completely tainted and that there was no other alternative other than scrapping the exam altogether. He wasn’t willing to listen at all and all the while kept on thinking that his was the right line of thought. The saying goes, “One who rides a tiger is afraid to dismount”. These so-called activists in the name of sheer activism indulge in all sorts of misadventures and foolhardy activities. Their actions always reek of a holier-than-thou attitude with every disdain for the vast populace. We’re indebted to the committee who didn’t subscribe to Bhushan’s quixotic idea of scrapping of the exams.
So, Mr. esteemed columnist, Prashant Bhushan doesn’t belong in any way in the same league as Gandhi or Mandela because he lacks an essential quality: humility. Bhushan doesn’t have to be placed on a pedestal and the populace doesn’t have to genuflect before him.
Prashanth bhushan once supported the SCs judgement on Justice Karnan contempt case.
Gandhi (I suppose this is MK Gandhi) and Mandela!!!!
Wow!!! What imagination!!!!!!
This is shameful an egoist behaviour has been compared to Gandhisim …editor should probably had refrained from such comparisons
Yeah! Gandhi and Mandela indeed! Another bunch of sold out journalist, whose corrupt morals & cosy ecosystem that has been suddenly shaken by some assertive stand taken by the majority who have not sold out their souls or ethics! Just FYI…i did not intend to read this article. Was only curious, which paper this was. Was for sure not surprised when across this site..by Shekher….well, he knows his second name better than anybody else.
I just read the headline and had a hearty laugh. Shri Vij has to be one of the great comedians in this country to compare a common pimp with the likes of Mandela and Gandhi
If Gandhi were alive today, and protesting against this govt. i have not doubt you would have called him a useless activist and a P**P too i am sure.
It will be ridiculous to compare a spy who was responsible for innocent people with Gandhi or Pandit Nehru.
Indeed. Right or wrong, it takes a lot of gut and conviction to withstand adversities – and yes – a jail is the last place that one would choose rather than bend.