In The Incarcerations, Alpa Shah unpacks the plight of the Bhima Koregaon-16, a group of human rights defenders who were imprisoned without trial for an alleged plot against the Indian government at a public commemoration in 2018. The book details their arrest, what has happened since and the wider context of authoritarianism and persecution of Adivasi, Muslim and Dalit minorities. Richly detailed, including cyber-forensic revelations about the case, Shah’s book powerfully exposes the contemporary Indian state’s assault on democratic and human rights, writes Pallavi Sanil.
Alpa Shah joined Ross Holder, Salman Usmani and Ayca Cubucku on Saturday 15 June for an LSE Festival event, Defending democracy: building solidarity with persecuted writers, journalists, and artists. Watch it back on YouTube.
The Incarcerations: BK-16 and the Search for Democracy in India. Alpa Shah. William Collins. 2024.
On January 1, 2018, a significant number of Dalits came together at the Vijay Stambh known as the Victory Pillar, located in the village of Koregaon to commemorate the 200th anniversary of the battle of Koregaon. This historic battle, which took place in 1818, saw the valiant victory of the outnumbered Dalit soldiers over the oppressive Peshwai Empire’s forces. The celebration of this triumph holds immense cultural significance, as it symbolises a turning point when Dalits found the courage and determination to challenge the pervasive caste-based discrimination that they had endured for centuries.
The Peshwai Empire’s exploitation of Dalits is part of a long line of subjugation that this community has suffered, and continues to suffer, in India. Dalits were subjected to dehumanising tasks such as being forced to carry brooms on their backs and wear spittoons around their necks to prevent the perceived “contamination” of the land with their saliva. Even with constitutional safeguards in place, Dalits continue to face persistent social challenges, including restricted access to vital resources such as healthcare and education.
The Incarcerations is a compelling exploration of the personal narratives of the Bhima Koregoan-16 (BK-16), a group of lawyers, professors, activists, journalists and artists who were arrested and imprisoned without trial for an alleged plot against the Indian government.
The Incarcerations is a compelling exploration of the personal narratives of the Bhima Koregoan-16 (BK-16), a group of lawyers, professors, activists, journalists and artists who were arrested and imprisoned without trial for an alleged plot against the Indian government. The book explores why these individuals were perceived as a threat to the state, shedding light on the social and political forces at play.
The BK-16 stood at the forefront of advocating for the rights of three marginalised communities. This included indigenous forest dwellers who were fiercely opposing the aggressive encroachment of multinational mining corporations on their lands and traditional livelihoods; Dalits in their fight against the oppressive forces of caste and class; and Muslims, who were often subject to systemic deprivation of rights and relegated to second-class citizens. Through their collective efforts, the BK-16 sought to challenge these unjust and deeply ingrained societal norms.
Despite its status as the largest and one of the oldest democracies, this country is currently falling short in protecting the fundamental human rights of its citizens
Despite its status as the largest and one of the oldest democracies, this country is currently falling short in protecting the fundamental human rights of its citizens. The book provides a comprehensive insight into the widespread brutality of authoritarianism, revealing that it is not a fringe issue but rather presents a pervasive threat to democracy. The book provides in-depth profiles of the 16 individuals that formed the group. Among them is Sudha Bhardwaj, a trade unionist, human rights lawyer, and visiting professor who gave up her American citizenship to dedicate herself to advocating for the impoverished in her own country. Another figure is Shoma Sen, a Dalit and women’s rights activist who fought against sexual abuse of women in Central India. Additionally, the book features Jyoti Jgtap, Sagar Gorkhe, and Ramesh Gaichor, all of whom were artists of the Kabir Kala Manch, a group of Dalit poets and a cultural movement based in Pune.
One of the most striking stories is that of Stan Swamy, a Jesuit priest who championed the rights of indigenous tribes in Jharkhand. Not only did he unite various resistance movements against national and multinational companies encroaching on Jharkhand and displacing people from their land and forests, but he also developed innovative legal arguments in support of indigenous rights. Despite suffering from advanced Parkinson’s disease, his bail was repeatedly denied, and he tragically passed away in judicial custody due to the state’s indifferent treatment of the 83-year-old activist.
The targeting of Sudha Bhardwaj and Stan Swamy was a deliberate effort to suppress the voices of social movements and activists who were defending the rights of the Adivasi people, as well as their land and forest rights, against the interests of the state and corporations.
The targeting of Sudha Bhardwaj and Stan Swamy was a deliberate effort to suppress the voices of social movements and activists who were defending the rights of the Adivasi people, as well as their land and forest rights, against the interests of the state and corporations. In addition, there was an equally crucial group of individuals, including Anand Teltumbe, Sudhir Dhawale, Shoma Sen, and Surendra Gadling, who were fighting against caste-based injustices and the sexual abuse of Dalit women. Other individuals such as Mahesh Raut, Rona Wilson, Vernon Gonsalves, Arun Ferreira, Hany Babu, Gautam Navlakha, and Varavara Rao were imprisoned due to their involvement in grassroots activism, their work as human rights lawyers, their advocacy for prisoners’ rights, and their roles as professors, journalists and literary critics.
The case against the BK 16 is primarily built on a letter retrieved from the computer of prisoner Rona Wilson, allegedly detailing a plot to assassinate Modi. Since 2021, Arsenal Consulting, an American digital forensic firm, has meticulously examined cloned copies of computers owned by Wilson, Swamy, and another prisoner, Surendra Gadling. Their thorough investigation has revealed the deliberate targeting of these computers with malware and the planting of incriminating documents, indicating an operation that commenced (343-351) years before the riots.
One of the key interventions of Shah’s book is her engagement in conversations with internet security researchers.
One of the key interventions of Shah’s book is her engagement in conversations with internet security researchers. These experts claim that the email accounts of Wilson and Swamy were compromised, with the recovery address and phone number added to these hacked accounts belonging to a police officer involved in the investigation of the Bhima Koregaon case. This information strongly suggests that the individuals behind the hacking, and quite possibly the Indian police, failed to adequately conceal their activities.
The Incarcerations paints a vivid and distressing picture of the BK-16’s arrest, meticulously analysing the complexities of the riots in which they were embroiled. Furthermore, the narrative shines a spotlight on the advancements in cyber-forensic research on a global scale, uncovering the shocking revelation that not only were the BK-16’s email accounts and mobile phones compromised, but also that electronic evidence used to incriminate them was deviously planted on some of their computers. This account offers a poignant and powerful portrayal of the ongoing struggle for justice within the world’s largest electoral democracy.
Shah’s analysis is grounded in extensive and thorough investigative reporting carried out by the few independent news outlets like The Caravan, The Wire, and Wired that continue to operate in India. In addition, she has personally engaged in in-depth conversations with several of the prisoners and their families. It’s worth noting that seven out of the BK-16 have been granted bail, adding a layer of complexity to the situation. Some individuals who were denied bail were directly implicated in the Elgar Parishad, which signifies the unity among diverse caste and class movements aimed at upholding the integrity of the Indian Constitution (481). Additionally, certain activists pursued legal measures against law enforcement for their involvement in civilian fatalities in the forests of Gadchiroli (482). Others demonstrated resilience against the exertions of the National Investigation Agency (NIA) (483).
The book delves into the complexities and challenges faced by democratic systems, providing thought-provoking insights into how these systems function and where they fall short in addressing social injustices.
This book is designed for individuals who are interested in gaining a deeper understanding of the realities of so-called democracies in today’s world, where injustices are prevalent under the guise of rule by, for and of the people. The book delves into the complexities and challenges faced by democratic systems, providing thought-provoking insights into how these systems function and where they fall short in addressing social injustices. As Shah suggests, a contemporary form of Indian fascism has taken root despite underperforming in the recent general election. This phenomenon is influenced by global pressures, wherein democracy is juxtaposed against the authoritarianism of China or Russia. India’s desire to hold a central position in this international order, coupled with the West’s reliance on India for support, further exacerbates this situation. If India was perceived less as a democracy and more in line with what the BK case reveals, it would pose greater challenges in conducting business with and endorsing the current regime, promoting the prime minister’s propaganda, and overlooking the regime’s violations of democratic rights (491).
Note: This review gives the views of the author and not the position of the LSE Review of Books blog, nor of the London School of Economics and Political Science.
