A return to prison

January 4, 2023

Early in morning of January 4, 1932, less than a week after he had returned from his most famous trip to London, Gandhi was woken by a policeman. “Mr. Gandhi,” he was told, “It is my duty to arrest you.” Gandhi always welcomed arrest; it is said he greeted the announcement with a smile, and requested permission to brush his teeth (it was granted) before being taken away peacefully.

Gandhi was held without charges under an obscure regulation from 1827. There would be no trial or court appearances where he could present a defense, or question the justification for his incarceration in the public eye. His international renown accorded him some comforts, but he would remain behind bars at the whim of the British Empire until beginning a hunger strike three-week water fast more than 16 months later.

Looking back at the event, it's easy to condemn it. Habeas corpus (Latin for “show me the body”) has been a bedrock of justice for at least seven hundred years. Gandhi's indefinite detention further tarnished the moral authority of the government, which had suffered in the court of worldwide opinion since the Salt March. Yet the British persisted, perhaps not recognizing the damage they were inflicting on their prestige.

Sadly, Americans find ourselves in a similar situation. Next week marks the 21th anniversary of the opening of the Guantanamo Bay prison in Cuba, where our government continues to hold dozens of prisoners without charges, including those that have been cleared for release. Inmates who attempt hunger strikes are restrained and force fed, a medical procedure performed against their will. Guantanamo Bay tarnishes America's moral authority, and I hope that we can restore some of its luster.

What would you do if you were unjustly incarcerated?