Nurturing Democracy, Resisting Authoritarianism: Notes on Terror, Justice, and Morality from India

State-led legal persecution of religious minorities, rights activists, and student leaders marks the current moment in India's history. Despite rising testimonies to flailing democratic standards and an overwhelming expansion of the extreme right into key domains of culture, ideology, economy and society, the state mechanism steered by the Hindu-nationalist Bharatiya Janata Party seemingly maintains a formal adherence to the liberal democratic ethos of the Indian Constitution. In this peculiar dissonance characterised by formal democracy and mounting authoritarianism, terror jurisprudence pitting the state against human rights defenders and political dissidents becomes a testing ground for India’s liberal democratic credentials. This paper draws from ethnographic data covering select terror cases involving alleged Maoists and terrorists claiming innocence to underscore hopeful alliances between the defendants accused of anti-state violence, the lawyers litigating for them, and rights activists opposing state aggression. Their hope is rooted in a pragmatic yet progressive political approach. Although the individuals involved are not entirely free from utopian ideals, they prioritise practical steps forward, focusing on opportunities within judicial procedures despite their slim chances of success. Empowered by the "moral force of innocence", which furthers affective politics, these stakeholders work together to give substance to abstract concepts like justice and morality and, thereby, realise fundamental rights and civil liberties. While the legal endeavour of "fighting paper truths with paper truths" is essential in the courtroom, their incipient constitutional politics is strengthened by a collective commitment based on faith, belief, and mutual risk-taking, all aimed at making democracy work. Thus, it is argued that the legal battle for innocence inside and outside the courtroom, buoyed by the larger civil rights movement in India, is conducive to fostering radical democracy against authoritarian tendencies.