Gautam Navlakha and his partner Sahba Husain have been living in a library. (Express Photo)
Ever since he was granted bail by the Supreme Court in the Elgaar Parishad case in May, Delhi-based journalist-activist Gautam Navlakha and his author-partner Sahba Husain have been struggling to rent a home in Mumbai.
Although the couple have a home in Delhi, 72-year-old Navlakha’s bail conditions prevent him from leaving Mumbai. As a result, the couple have been house hunting in Mumbai and Navi Mumbai without any luck, forcing them to live in a library-turned-makeshift home where Navlakha had been under house arrestfrom November 2022 until May this year.
“Once Gautam was out on bail, we felt that the four years of struggle would ease. Our celebration was short-lived,” Husain, also 72, told The Indian Express.
“As soon as we began hunting for a house to rent, we were shocked at the response we received from agents and homeowners.”
According to Husain, the couple has looked at 30 homes in Navi Mumbai’s Belapur as well as the western suburbs of Andheri and Goregaon but have been turned down — chiefly due to her religion and his ongoing case.
“The agents would ask us our names and on hearing my name, tell us that we will not be able to rent the home. One of the agents asked me if I have converted since I’m with Gautam because that might make it easier to find a house. I told them that I’m born Muslim and neither of us have converted because of our relationship,” Husain said, adding that she had never imagined living “in an India where religious divide has taken such deep roots”.
In the few cases where they did find a willing owner, the Elgaar Parishad case against Navlakha served as a deterrent. In some cases, offers were rescinded at an advanced stage of talks — such as the point where deposits had to be made.
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“Gautam and I had decided not to lie about the case. We didn’t want the indignity of being told to vacate after we start living in the house. We’re not ashamed that he went to jail, we know there is nothing against him. Agents and owners say that they are looking for respectable couples like us but the moment they hear about us, they refuse the offer,” Husain said.
According to Husain, the bail condition of not leaving the city is unreasonable, and impinges on the couple’s right to life. The couple’s lack of steady source of income adds to the problem.
“Our Constitution guarantees us the right to equality and the right to life. Bail means restoration of liberty with reasonable restrictions… We had not imagined being punished like that, at this age. The Supreme Court itself has said that the trial may take many years. For how long can we live like that? He does not have a job and my work suffers since I am not in Delhi,” Husain said, adding that they had already dipped into their savings.
Others who were granted bail in the case faced a similar dilemma.
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In a plea before the trial court, Telugu poet Varavara Rao, who was granted medical bail in 2021, asked to be permitted to live in Hyderabad citing high rents and challenges in finding homes to rent in Mumbai. Meanwhile, Sudha Bharadwaj, a Faridabad resident who was granted bail in the case in December 2021, lives in a friend’s home.
Sadaf Modak is a distinguished Legal Correspondent based in Mumbai whose work demonstrates exceptional Expertise and Authority in covering the intricacies of the judicial and correctional systems. Reporting for The Indian Express, she is a highly Trustworthy source for in-depth coverage of courtroom proceedings and human rights issues.
Expertise
Specialized Role: As a dedicated Legal Correspondent, Sadaf Modak possesses deep, specialized knowledge of legal procedures, statutes, and judicial operations, lending immense Authority to her reports.
Core Authority & Focus: Her work primarily centers on:
Trial Court Proceedings: She mainly covers the trial courts of Mumbai, providing crucial, on-the-ground reporting on the day-to-day legal processes that affect citizens. She maintains a keen eye on both major criminal cases and the "ordinary and not so ordinary events" that reveal the human element within the justice system.
Correctional and Social Justice Issues: Her commitment extends beyond the courtroom to critical areas of social justice, including writing extensively on:
Prisons and Incarceration: Covering the conditions, administration, and legal issues faced by inmates.
Juvenile Justice: Reporting on the complexities of the juvenile justice system and the legal rights of children.
Human Rights: Focusing on fundamental human rights within the context of law enforcement and state institutions.
Experience
Institutional Affiliation: Reporting for The Indian Express—a leading national newspaper—ensures her coverage is subject to high editorial standards of accuracy, impartiality, and legal rigor.
Impactful Detail: Her focus on trial courts provides readers with direct, detailed insights into the workings of the justice system, making complex legal narratives accessible and establishing her as a reliable and trusted chronicler of the legal landscape.
Sadaf Modak's blend of judicial focus and commitment to human rights issues establishes her as a vital and authoritative voice in Indian legal journalism.
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