Aditya pays tributes:

A relentless crusader for human rights for three decades now, Andhra Pradesh HC lawyer Balagopal has fought cases from extra-judicial killings of political dissenters to atrocities against Dalits and women. And he has often suffered personal attacks for his efforts, by the police and others shamed by his exposes. But he has never faltered. His reports on encounter killings, backed by painstaking investigative work, had such credibility that even the state could not ignore it. He doesn’t take legal fees from poor clients. And he travels endlessly across rural India, giving a voice to the opinions and problems of the poor—from farmers and tribals being displaced by SEZs in Nandigram or Visakhapatnam, to beedi workers seeking minimum wages, to tribals trying to protect their homes and forests. One of the most respected civil liberties activists in the country, Balagopal has inspired an entire generation to engage with the causes he espoused.

Me1084 posts an extract from an article (‘Beyond violence and non-violence’) by Balagopal that shows his clear thinking and deep commitment to the marginalized- here’s the extract:

The plain and stark fact is that while all strategies have been effective in curbing some injustice, none has succeeded in forcing the government to take back a single major policy in any sphere. And none has been able to reverse the trends inherent in the structures of society and economy.

The general understanding is that governance of the country – and may be the systemic infrastructure of society – is fundamentally wrong and needs remedying, maybe overturning. Do we know of any effective strategy for that? I am not talking of political strategies, but strategies of struggle that will successfully put pressure upon the State and the polity to stop them in their tracks. The struggle may be built around class or caste or any other social combination. It may in the end seek reform or the upturning of the polity. It may operate mainly or in part within the polity or keep out of it altogether. Whichever it is, the common problem is this: the experience of this country is that governments do not stop doing some thing merely because it has been demonstrated to be bad. Or even contrary to constitutional directives and goals. They stop only if going along is made difficult to the point of near impossibility. No democratic dispensation should be thus, but Indian democracy is thus. Short of that, you demonstrate the truth of your critique till you are blue in the face or shout till you are hoarse in the throat, it is all the same.

This is the question that haunts all movements, and none has an answer. All strategies, whether violent or peaceful, have found that they are not without success, if by success is meant stemming of local forces of oppression or the local manifestation of global forces, and improving the situation of its victims at the margin or even more. One does not wish to belittle these achievements, and in any case its beneficiaries are grateful, and belittling makes no difference to them. But any attempt to go beyond that has been faced with an insuperable wall which defines the limits of Indian democracy.

The naxalites – in particular the largest of them, the Maoists – are generally credited with having used strategies of violent struggle to great effect. That they have had substantial effect on the local social and political structures is beyond doubt. From Telangana to Bihar, local society would not be what it is but for their effect in turning much of it upside down. That they have often acted as a very effective deterrent to knavery and charlatanry of all kinds too is true. But looking back on nearly forty years of the naxalite movement, one is surprised how few are the important policy decisions of the State or tendencies inherent in the logic of unequal development that the naxalites have been able to stall. In fact, one cannot off-hand think of even one. They themselves may answer that it is because they have not tried. It is true that their strategic thinking does not turn around defeating the State politically but mobilizing against it militarily. Hence inflicting major political defeats or reversing trends of unequal or destructive development is not on their agenda. Yet it is also true that even if they tried they would not know how to go about stalling such decisions or forces.

To put it simply, you can hold a gun to a landlord’s head but Special Economic Zones or the Indo-US Nuclear Deal have no head to put a gun to. This degree of simplification of the issue may be criticized as unfair, and one would readily agree that Maoist violence is not just the armed action of individual Robinhoods. Nevertheless, after dressing up this skeleton with sufficient flesh and blood to make it real, you still do not get away from the basic truth of the caricature.

Peaceful mobilization has one advantage over violent mobilisation. A larger number of people can participate in it, and it can choose its targets and devise its methods of agitation more subtly. It gives space for dialogue even the while agitation goes on, dialogue not so much with the establishment as with society, and so the vital dimension of critique is alive without suspending the agitation to clear space for it, and this is essential in any struggle against an opponent who operates in a universe of intelligent rationality. This is one reason why peaceful methods of struggle are not only morally but also politically healthier. But in terms of its effectiveness in reversing policy decisions or structural trends, peaceful methods are even more ineffective than violent methods. Quite plainly, dharnas and street plays and hartals and half-an-hour-at-a-time road blocks and street corner speeches and jathas can go on for ever and ever and neither the State nor the Ambanis lose any thing. This is what often makes activists cynical and gives them that urge to seek an appointment with the Maoists. When they are so tempted they think the only problem they have had with violence is that it is morally problematic and physically unsafe. It is assumed that it is necessarily more effective. It isn’t, and it has not been.

Can we turn to the law to make governance answerable to popular disapproval other than at election time? Constitutional democracy as we know it in India gives little scope for such a hope but PILs have held a lot of fascination for activists. Much of it is born of out of ignorance of the law as much as the sociology of adjudication. The average intelligent Indian thinks of PIL as the modern equivalent of the bell which the better kind of king is reputed to have strung outside his palace for the desperate citizen to tug at and get an instant hearing and instant justice. The average intelligent Indian also thinks that all the limitations of judicial power that he or she is otherwise familiar with will vanish when the Courts sit to hear PILs, namely that they become benign despots who can set every wrong right by passing a condign order. Desperation can be the only reason for these illusions. Less excusable is the ignorance of the sociology of adjudication. Judges, taken as a class, are at one with most of the political and economic tendencies since liberalisation for no more subtle reason than that they belong to the social class that has benefited and will benefit much more from these tendencies. Extremely derisive comments about PILs are made with juvenile exuberance by the Supreme Court these days to send out a signal that the activist or desperate citizen need not take the trouble to go all the way to New Delhi. Law journals report some divergence of opinion and even snide comments about judicial activism in the Supreme Court, but the divergence is between conservative judicial activism and conservative aversion to it.

There is no option but to devise ways of stopping the system in its depredations. Since Indian democracy has not learnt to respect reasoned criticism unless it is armed with the strength to physically prevent the execution of the policies criticized, ways of achieving such strength must be sought by agitational movements. In principle the best method is to mobilize the people likely to be affected in large numbers and physically sit in the path of the State and Capital. But then the people in their concreteness are driven by diversity of interests and insularity of communities, crushed by poverty and misery, weakened by the disease of opportunism even at the lowest levels which has been the greatest contribution of the Congress party to Indian political culture, enfeebled by attachment to their political patrons, and disillusioned with empty rhetoric and moral corruption of agitations and movements. In particular, they see that activists who were in an earlier generation characterized by sacrifice of personal concerns are no longer the same. To my mind, this is the greatest disservice done by the NGOs, but this culture is now common to a large section of political activists, too. On the other hand, the very effect of politicization has been that the people have lost their innocence and often weigh the costs and benefits of struggle with greater caution than in the past. One cannot blame them, especially when the caution is reinforced by the fact that activists themselves exhibit the same attitude these days. All this combines to make strong mobilisation difficult and tempts honest activists to look for short cuts, ranging from armed action to PILs. But there are no short cuts.