Amnesty releases interactive map of tens of Indian laws allowing "illegal detention", demands their urgent repeal

Laws applied in Gujarat for "illegal" detention

By Our Representative
World’s powerful human rights organization Amnesty International has alleged that there is a “continuing use of administrative detention laws in India to lock up persons without charge or trial”, violating “the rights of both suspects and victims of human rights abuses.”
An interactive online map published by it shows how nearly states retain these laws to “detain people on executive orders without charge or trial.”
Asking the Government of India and all state governments to “repeal all administrative detention laws”, an Amnesty statement says, “Detained persons must be charged with recognizably criminal offences and promptly prosecuted in fair trials, or else released.” The interactive map shows several states have their own laws which allow "illegal detention", apart from they using certain Central laws.
Gujarat, for instance, uses Prevention of Anti-Social Activities (PASA) Act, 1985, which allows for detention without charge of trial for up to one year to prevent a person "from acting in any manner prejudicial to the maintenance of public order.” Rajasthan copied the Gujarat law in 2006, coming with the Rajasthan Prevention of Anti-Social Activities Act, 2006.
Maharashtra, on the other hand, has Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons and Video Pirates Act, 1981, which allows for detention without charge of trial for up to six months to prevent a person "from acting in any manner prejudicial to the maintenance of public order".
Then, Karnataka has Prevention of Dangerous Activities of Acid Attackers, Bootleggers, Depredator of Environment, Digital Offenders, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders, Land Grabbers, Money Launderers, Sexual Predators and Video or Audio pirates Act, 1985.
The law allows for detention without charge or trial of up to 12 months of "any acid attacker or bootlegger or depredator of environment or digital offender or drug offender or gambler or goonda or immoral traffic offender or land-grabber or money launderer or sexual predator or video or audio pirate...to prevent him from acting in any manner prejudicial to the maintenance of public order".
Telangana and Andhra Pradesh use Prevention of Dangerous Activities of Boot-Leggers, Dacoits, Drug-Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986, which allows for detention without charge of trial of up to 12 months of any “bootlegger, dacoit, drug-offender, goonda, immoral traffic offender or land grabber...with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.”
All states use National Security Act, 1980 with impunity, as it allows for detention without charge or trial for up to 12 months to prevent a person "from acting in any manner prejudicial to the defence of India, the relations of India with foreign powers, or the security of India".
It also prevents a person "from acting in any manner prejudicial to the security of the State or from acting in any manner prejudicial to the maintenance of public order or from acting in any manner prejudicial to the maintenance of supplies and services essential to the community".
Commenting on these laws, Abhirr VP, Rapid Response Campaigner at Amnesty International India, has said, “Every government has a duty to bring to justice those suspected of crimes. But every government also has a duty to respect fair trial rights, and the criminal justice system loses credibility when people are detained for no good reason.”
He adds, “Administrative detention circumvents the safeguards of a fair trial, and undermines the rule of law”, with the Supreme Court has called administrative detention statutes “lawless laws”.
Amnesty’s statement says, “Data from the National Crime Records Bureau released in September 2015 indicate that over 3200 people were being held in administrative detention in Indian jails in December 2014”, adding, “Periods of possible detention under state laws range from six months to two years. Authorities can impose preventive detention for a range of activities in different states, including boot-legging, land-grabbing and even video piracy.”
“The procedures and standards of proof of the ordinary criminal justice process are meant to minimize the risk of innocent individuals being punished. But India’s administrative detention laws function as a parallel system, and are used to detain individuals for long periods instead of charging and prosecuting them in a court of law,” adds Abhirr VP, adding, “Not prosecuting persons suspected of offences also violates the victims’ rights to justice.”

Comments

Nobel laureates join international figures, seek release of Bhima Koregaon accused activists

Nobel laureates Olga Tokarczuk, Wole Soyinka Counterview Desk As many as 57 top international personalities, including Nobel laureates, academics, human rights defenders, lawyers cultural personalities, and members of Parliament of European countries, have urged the Prime Minister and the Chief Justice of India to ensure immediate release of human rights defenders in India “into safe conditions”.

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

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.

Russia, China to call the shots in Middle East, as Muslim nations turn into house of cards

By Haider Abbas* Only a naive would buy that the ‘situation of ceasefire’ between the State of Israel and Hamas would continue, as if the foiled attempt to demolish Al Aqsa this time, is not be repeated, if not in any near future then in sometime to come. Israel already has spurned the ‘ceasefire’ by storming Al Aqsa after the Friday prayers on May 21.

Collapse of healthcare system? Why 90% of Covid patients treated at home survived

By Bobby Ramakant, Sandeep Pandey* Well known Hindustani classical singer Padma Vibhu shan Channulal Mishra, chosen as one of the proposers of Narendra Modi in Lok Sabha elections, lost his wife and elder daughter to Covid in private hospitals in Varanasi. Younger daughter has accused Medwin Hospital of charging Rs 1.5 lakh for treatement of her sister and not being able to explain the cause of death. Pandit Channulal Mishra has asked for a probe into his daughter’s death from the Chief Minister. The family has also asked for the CCTV footage of the ward where deceased daughter was admitted for a week.

Modi-led regime 'contributed' 60% to rise of global poverty, yet Hindutva is intact

By Bhabani Shankar Nayak* In recent years, the Hindutva politics has caused long term damage to India and Indians. The so called 56-inch macho PM, the propaganda master manufactures and survives all political crisis including the current mismanagement of the Coronavirus pandemic in India. In spite of deaths and destitutions, the social, cultural, economic and religious base of Hindutva is intact.

Rooted in mistrust? Covid-19’s march into rural India is a very different ball game

By Sudhir Katiyar* As the Covid-19 virus penetrates rural India, the rural communities are responding very differently from their urban counterparts who rushed to the hospitals. The rural communities are avoiding the public health facilities and any mention of the disease. The note argues that this supposedly irrational response is based on a deep-seated mistrust of the state by the rural communities. It can not be resolved with routine Information, Education and Communication (IEC) measures suggested in the Government of India SOP for tackling Covid-19 in rural areas.

Hunger, lack of food security behind India's 'slip' in UN's sustainable development rank

By Dr Gian Singh* According to a report released by the United Nations on June 6, 2021, India's ranking of achieving Sustainable Development based on the 17 Social Development Goals (SDGs) set by the 193 countries in the 2003 agenda, which was 115th last year, has slipped to 117th position this year. India ranks not only the lowest among the BRICS countries -- Brazil, the Russian Federation, India, China, and South Africa but also below the four South Asian countries -- Bhutan, Sri Lanka, Nepal, and Bangladesh.

Courageous, in-depth attempt to confirm common spiritual values of Christ, Buddha

By RB Sreekumar, IPS* All religions, both theistic and atheistic designed conceptual and practical architecture, for holistic and comprehensive elevation and enlightenment of humanity. PK Vijayan, in his novel “Nirvana of Jesus Christ” (Notion Press, 2020) through creative imagination portrayed personality evolution of the two progenitors of God-centric and sagaciously logical major religions – Jesus Christ of Christianity and Gautama Buddha of Buddhism.

Why hasn't Govt of India responded to US critique of freedom of religion under Modi?

By Fr Cedric Prakash SJ* About two weeks ago, on May 12, 2021, the US Secretary of State Antony J Blinken released in Washington the ‘2020 International Religious Freedom Report.’ This official annual report of the US Government details the status of religious freedom in nearly 200 foreign countries and territories and describes US actions to support religious freedom worldwide. Mandated by the International Religious Freedom Act of 1998, this report highlights the fact that ‘religious freedom is both a core American value and a universal human right’.

Counterview

Search This Blog