Skip to main content

"Repeal" Gujarat anti-terror bill, it's "incompatible" with human rights norms

By A Representative
Top human rights body, Amnesty International, has asked the President of India to reject the new anti-terror bill, passed in the Gujarat state assembly last month-end. Calling it "draconian", Amnesty said, it "falls far short of international human rights standards." It also demanded, "Similar laws already in force in other states and nationally must be immediately repealed."
Called the Gujarat Control of Terrorism and Organised Crime (GUJTCOC) Bill, 2015, it needs presidential assent to become law. Amnesty said, “Political parties have tried to paint the passing of the bill as a political tussle. But unfortunately, several parties have been guilty of supporting similar laws at the state and national level,” he said, pointing out that "the GUJTCOC bill is based on similar laws in force in the states of Maharashtra and Karnataka."
Specifically referring to the the objectionable provisions in the GUJTCOC bill which are "incompatible with international human rights standards, and must be repealed or extensively revised", Amnesty said, these include the definitions of terrorism, which include acts “committed with the intention to disturb…public order”, or “likely to cause…loss of, or damage to, or destruction of, property”.
Similarly, Amnesty said, "The definition of abetment in the bill covers a range of activities including 'communication or association with any person' assisting an organized crime syndicate, or publishing 'without any lawful authority, any information likely to assist an organized crime syndicate'.”
According to Amnesty, "These broad definitions could threaten several basic rights, including the rights to freedom of expression and association. Organizing a demonstration or protest critical of the government could be labelled and prosecuted as an act of terrorism under the overly broad definition used in the bill. Writing a journalistic report on an act of terrorism could be prosecuted as abetment."
"Any definition of terrorism and related acts should be exact and legally precise", Amnesty said, adding, "Counter-terrorism measures should be necessary and proportionate to countering specific threats of terrorism."
It said, "The International Covenant on Civil and Political Rights – to which India is a state party – has been interpreted by the UN Human Rights Committee as requiring states to ensure that counter-terrorism measures do not lead to unnecessary or disproportionate interference with freedom of expression."
According to Amnesty, Section 20 (2) of the bill seeks to "extend the minimum period of detention of suspects from 15 days to 30 days and the maximum period of detention without charge from 90 days – already far beyond international standards - to 180 days." And, "the only safeguard provided is that the court should satisfy itself from the prosecution about the progress made in the investigation and the specific reasons for the detention beyond 90 days."
"The possibility of long periods of detention without charge increases the risk of torture and other ill-treatment in custody. Such violations have frequently taken place during similar detention in Gujarat and other states. A longer period of pre-charge detention cannot be a substitute for more effective policing and investigation", Amnesty said.
Then, said Amnesty, Section 16 of the bill "seeks to make a confession made by a detainee to a police officer at or above the rank of Superintendent admissible as evidence in court, subject to certain conditions." It added, "Under ordinary Indian criminal law, confessions made to the police are not admissible as evidence because of fears that they may be obtained through torture or other ill-treatment."
Further, Section 14 of the bill states that evidence collected “through the interception of wire, electronic or oral communication under the provisions of any other law shall be admissible as evidence against the accused” in court. Objecting to it, Amnesty said, "Interception of communications can interfere with the right to freedom of expression and association and the right to individual privacy" and "violates international human rights standards."

Comments

TRENDING

Countrywide protest by gig workers puts spotlight on algorithmic exploitation

By A Representative   A nationwide protest led largely by women gig and platform workers was held across several states on February 3, with the Gig & Platform Service Workers Union (GIPSWU) claiming the mobilisation as a success and a strong assertion of workers’ rights against what it described as widespread exploitation by digital platform companies. Demonstrations took place in Delhi, Rajasthan, Karnataka, Maharashtra and other states, covering major cities including New Delhi, Jaipur, Bengaluru and Mumbai, along with multiple districts across the country.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Budget 2026 focuses on pharma and medical tourism, overlooks public health needs: JSAI

By A Representative   Jan Swasthya Abhiyan India (JSAI) has criticised the Union Budget 2026, stating that it overlooks core public health needs while prioritising the pharmaceutical industry, private healthcare, medical tourism, public-private partnerships, and exports related to AYUSH systems. In a press note issued from New Delhi, the public health network said that primary healthcare services and public health infrastructure continue to remain underfunded despite repeated policy assurances.

'Gandhi Talks': Cinema that dares to be quiet, where music, image and silence speak

By Vikas Meshram   In today’s digital age, where reels and short videos dominate attention spans, watching a silent film for over two hours feels almost like an act of resistance. Directed by Kishor Pandurang Belekar, “Gandhi Talks” is a bold cinematic experiment that turns silence into language and wordlessness into a powerful storytelling device. The film is not mere entertainment; it is an experience that pushes the viewer inward, compelling reflection on life, values, and society.

When compassion turns lethal: Euthanasia and the fear of becoming a burden

By Deepika   A 55-year-old acquaintance passed away recently after a long battle with cancer. Why so many people are dying relatively young is a question being raised in several forums, and that debate is best reserved for another day. This individual was kept on a ventilator for nearly five months, after which the doctors and the family finally decided to let go. The cost of keeping a person on life support for such extended periods is enormous. Yet families continue to spend vast sums even when the chances of survival are minimal. Life, we are told, is precious, and nature itself strives to protect and sustain it.

Report exposes human rights gaps in India's $36 billion garment export industry

By Jag Jivan   A new report sheds light on the urgent human rights challenges within India’s vast textile and garment industry, as global regulations increasingly demand corporate accountability in supply chains. Titled “Beneath the Seams,” the study reveals that despite the sector employing over 45 million people, systemic issues of poverty wages, unfair purchasing practices, and the exclusion of workers from decision-making persist, leaving millions vulnerable.

When resistance became administrative: How I learned to stop romanticising the labour movement

By Rohit Chauhan*   On my first day at a labour rights NGO, I was given a monthly sales target: sixty memberships. Not sixty workers to organise, not sixty conversations about exploitation, not sixty political discussions. Sixty conversions. I remember staring at the whiteboard, wondering whether I had mistakenly walked into a multi-level marketing office instead of a trade union. The language was corporate, the urgency managerial, and the tone unmistakably transactional. It was my formal introduction to a strange truth I would slowly learn: in contemporary India, even rebellion runs on performance metrics.

Silencing the university: How fear is replacing debate in academic India

By Sunil Kyumar*  “Republic Day is a powerful symbol of our freedom, Constitution, and democratic values. This festival gives us renewed energy and inspiration to move forward together with the resolve of nation-building”, said Prime Minister Narendra Modi on January 26, 2026. On this occasion, the Prime Minister also shared a Sanskrit subhashita— “Paratantryābhibhūtasya deśasyābhyudayaḥ kutaḥ. Ataḥ svātantryamāptavyaṁ aikyaṁ svātantryasādhanam.”

Penpa Tsering’s leadership and record under scrutiny amidst Tibetan exile elections

By Tseten Lhundup*  Within the Tibetan exile community, Penpa Tsering is often described as having risen through grassroots engagement. Born in 1967, he comes from an ordinary Tibetan family, pursued higher education at Delhi University in India, and went on to serve as Speaker of the Tibetan Parliament-in-Exile from 2008 to 2016. In 2021, he was elected Sikyong of the Central Tibetan Administration (CTA), becoming the second democratically elected political leader of the administration after Lobsang Sangay.