Civil society groups tell Gujarat governor: New anti-terror law will mean undeclared emergency in the state

OP Kohli

By A Representative
The Movement for Secular Democracy (MSD) and People’s Union of Civil Liberties (PUCL), Gujarat, in representation to Gujarat governor OP Kohli have asked him reject the Gujarat Control of Terrorism and organized Crimes (GCTOC), passed by the Gujarat state assembly on March 31, saying, if this bill turned into an Act, it will be a “mockery of democracy” and would among to “undeclared emergency like situation” in Gujarat.
In a memorandum submitted to the governor, they have said, the till is a “synthesis of the Gujarat Gujarat Control of Organised Crime (GUJCOC) Bill, which was rejected for four times by the President of India, and anti-terrorism laws already dropped the Parliament such as Terrorist and Disruptive Activities Prevention Act (TADA) and Prevention of Terrorism Act (POTA).
Pointing out that it is modeled on the Maharashtra Control of Organised Crime Act (MCOCA), the two civil rights organizations said, “The bill is in inconsistent with the policy on terror laws as mentioned in the Central Unlawful Activities Prevention Act.”
The memorandum said, “The earlier versions having been rejected by governors as well as Presidents of India in 2004, 2008 and 2009.”
Giving an example of how such strict laws were always misused by the Gujarat police, the memorandum said, “A total 11,916 were arrested under Prevention of Anti-Social Activities (PASA) Act between 2009 and 2014 in Gujarat”, of of these, more than 10,000 were acquitted by the Court and the PASA board, suggesting how it was being politically misused.
Giving details of “objectionable” parts of the GCTOC, the memorandum said, “The draconian provisions of this bill centre around Clause 16 which holds that confessions made by persons before a police officer not below the rank of police superintendent will be admissible in trials of the accused/co-accused/abettor or conspirator.”
Other “draconian” provisions, the memorandum said, included allowing evidence collected through the interception of wire, electronic or oral communication admissible in the court against accused; and allowing the period of investigation to be extended to 180 days so that the police have more time to keep an accused in custody.
"Moreover”, the memorandum says, “the Bill provides immunity from legal action to the state, as Clause 25 of the bill indicates that no suit, prosecution or legal proceedings shall lie against the state government or officer of authority of the same in pursuance of the law”.
Further, the according to the memorandum, the bill prevents an accused from getting bail “while in custody”; it makes “offences under the bill non-bailable”; and it says that no person accused of offences under the law should be “released on either bail or his own bond.”
Pointing out that the bill “promote police tyranny and abuse of the law in order to settle political scores”, the memorandum asserts, “As a matter of fact the Code of Criminal Procedure is adequate enough to deal with the internal security. So there is no need to enact GCTOC.”
This Bill is aimed to gag the voice of people of the state who are anguished because of the Land Acquisition Act, Anti Laborlaws , rising corruptions exposed in recently tabled CAG Report in Gujarat Assembly and growing unemployment and insecurities of the people.
Among those who have signed the bill include human rights PUCL general secretary Gautam Thaker, MSD’s Dwarikanath Rath, economists Rohit Shukla and Hemantkumar Shah, Jesuit human rights activist Father Cedric Prakash, columnist and film maker Manishi Jani, journalists Rathin Das and Rafat Quadri, apart from large number of social activists.

Comments

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor* This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Gujarat Information Commission issues warning against misinterpretation of RTI orders

By A Representative The Gujarat Information Commission (GIC) has issued a press note clarifying that its orders limiting the number of Right to Information (RTI) applications for certain individuals apply only to those specific applicants. The GIC has warned that it will take disciplinary action against any public officials who misinterpret these orders to deny information to other citizens. The press note, signed by GIC Secretary Jaideep Dwivedi, states that the Right to Information Act, 2005, is a powerful tool for promoting transparency and accountability in public administration. However, the commission has observed that some applicants are misusing the act by filing an excessive number of applications, which disproportionately consumes the time and resources of Public Information Officers (PIOs), First Appellate Authorities (FAAs), and the commission itself. This misuse can cause delays for genuine applicants seeking justice. In response to this issue, and in acc...

Job opportunities decreasing, wages remain low: Delhi construction workers' plight

By Bharat Dogra* It was about 32 years back that a hut colony in posh Prashant Vihar area of Delhi was demolished. It was after a great struggle that the people evicted from here could get alternative plots that were not too far away from their earlier colony. Nirmana, an organization of construction workers, played an important role in helping the evicted people to get this alternative land. At that time it was a big relief to get this alternative land, even though the plots given to them were very small ones of 10X8 feet size. The people worked hard to construct new houses, often constructing two floors so that the family could be accommodated in the small plots. However a recent visit revealed that people are rather disheartened now by a number of adverse factors. They have not been given the proper allotment papers yet. There is still no sewer system here. They have to use public toilets constructed some distance away which can sometimes be quite messy. There is still no...

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat* As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

'MGNREGA crisis deepening': NSM demands fair wages and end to digital exclusions

By A Representative The NREGA Sangharsh Morcha (NSM), a coalition of independent unions of MGNREGA workers, has warned that the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is facing a “severe crisis” due to persistent neglect and restrictive measures imposed by the Union Government.

Rally in Patna: Non-farmer bodies to highlight plight of agriculture in Eastern India ahead of march to Parliament

P Sainath By A Representative Ahead of the march to Parliament on November 29-30, 2018, organized by over 210 farmer and agricultural worker organisations of the country demanding a 21-day special session of Parliament to deliberate on remedial measures for safeguarding the interest of farm, farmers and agricultural workers, a mass rally been organized for November 23, Gandhi Sangrahalaya (Gandhi Museum), Gandhi Maidan, Patna. Say the organizers, the Eastern region merits special attention, because, while crisis of farmers and agricultural workers in Western, Southern and Northern India has received some attention in the media and central legislature, the plight of those in the Eastern region of the country (Bihar, Jharkhand, West Bengal, Orissa, Chhattisgarh and Eastern UP) has remained on the margins. To be addressed by P Sainath, founder of People’s Archive of Rural India (PARI), a statement issued ahead of the rally says, the Eastern India was the most prosperous regi...

India's health workers have no legal right for their protection, regrets NGO network

Counterview Desk In a letter to Union labour and employment minister Santosh Gangwar, the civil rights group Occupational and Environmental Health Network of India (OEHNI), writing against the backdrop of strike by Bhabha hospital heath care workers, has insisted that they should be given “clear legal right for their protection”.

As 2024 draws nearer, threatening signs appear of more destructive wars

By Bharat Dogra The four years from 2020 to 2023 have been very difficult and high risk years for humanity. In the first two years there was a pandemic and such severe disruption of social and economic life that countless people have not yet recovered from its many-sided adverse impacts. In the next two years there were outbreaks of two very high-risk wars which have worldwide implications including escalation into much wider conflicts. In addition there were highly threatening signs of increasing possibility of other very destructive wars. As the year 2023 appears to be headed for ending on a very grim note, there are apprehensions about what the next year 2024 may bring, and there are several kinds of fears. However to come back to the year 2020 first, the pandemic harmed and threatened a very large number of people. No less harmful was the fear epidemic, the epidemic of increasing mental stress and the cruel disruption of the life and livelihoods particularly among the weaker s...

Targeted eviction of Bengali-speaking Muslims across Assam districts alleged

By A Representative A delegation led by prominent academic and civil rights leader Sandeep Pandey visited three districts in Assam—Goalpara, Dhubri, and Lakhimpur—between 2 and 4 September 2025 to meet families affected by recent demolitions and evictions. The delegation reported widespread displacement of Bengali-speaking Muslim communities, many of whom possess valid citizenship documents including Aadhaar, voter ID, ration cards, PAN cards, and NRC certification.

Counterview

Search This Blog