Skip to main content

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

https://www.amnesty.org.in/lawlesslaws/
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

TRENDING

Gujarat's high profile GIFT city 'fails to attract' funds, India's FinTech investment dips

By Rajiv Shah  While the Narendra Modi government may have gone out of the way to promote the Gujarat International Finance Tec-City (GIFT City), sought to be developed as India’s formidable financial technology hub off the state capital Gandhinagar, just 20 km from Ahmedabad, a recent report , prepared by Tracxn Technologies suggests that neither of the two cities figure in the list of top FinTech funding receiving centres.

Why Ramdev, vaccine producing pharma companies and government are all at fault

By Colin Gonsalves*  It was perhaps Ramdev’s closeness to government which made him over-confident. According to reports he promoted a cure for Covid, thus directly contravening various provisions of The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Persons convicted of such offences may not get away with a mere apology and would suffer imprisonment.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Malayalam movie Aadujeevitham: Unrealistic, disservice to pastoralists

By Rosamma Thomas*  The Malayalam movie 'Aadujeevitham' (Goat Life), currently screening in movie theatres in Kerala, has received positive reviews and was featured also on the website of the British Broadcasting Corporation. The story is based on a 2008 novel by Benyamin, and relates the real-life story of a job-seeker from Kerala tricked into working in slave conditions in a goat farm in Saudi Arabia.

Decade long Modi rule 'undermines' people's welfare and democracy

By Ram Puniyani*  Modi has many ploys up his sleeves when it comes to propaganda. On one hand he is turning many a pronouncements of Congress in the communal direction, on the other he is claiming that whatever has been achieved during last ten years of his rule is phenomenal, but it is still a ‘trailer’ and the bigger things are in the offing as he claims to be coming to power yet again in 2024. While his admirers are ga ga about his achievements, the truth lies somewhere else.

Belgian report alleges MNC Etex responsible for asbestos pollution in Madhya Pradesh town Kymore: COP's Geneva meet

By Our Representative A comprehensive Belgian report has held MNC Etex , into construction business and one of the richest, responsible for asbestos pollution in Kymore, an industrial town in in Katni district of Madhya Pradesh. The report provides evidence from the ground on how Kymore’s dust even today is “annoying… it creeps into your clothes, you have to cough it”, saying “It can be deadly.”

Plagued by opportunism, adventurism, tailism, Left 'doesn't matter' in India

By Harsh Thakor*  2024 elections are starting when India appears to be on the verge of turning proto-fascist. The Hindutva saffron brigade has penetrated in every sphere of Indian life, every social order, destroying and undermining the very fabric of the Constitution.

Can universal basic income help usher in sustainable egalitarianism in India?

By Prof RR Prasad*  The ongoing debate on application of Article 39(b) in the Supreme Court on redistribution of community material resources to subserve common good and for ushering in an egalitarian society has opened new vistas wherein possible available alternative solutions could be explored.

Press freedom? 28 journalists killed since 2014, nine currently in jail

By Kirity Roy*  On the eve of the Press Freedom Day on 3rd of May, the Banglar Manabadhikar Suraksha Mancha (MASUM) shared its anxiety with the broader civil society platforms as the situation of freedom of any form of expression became grimmer in India day by day. This day was intended to raise awareness on the importance of freedom of press and to pay tribute to pressmen who lost their lives in the line of duty.

Ahmedabad's Muslim ghetto voters 'denied' right to exercise franchise?

By Tanushree Gangopadhyay*  Sections of Gujarat Muslims, with a population of 10 per cent of the State, have been allegedly denied their rights to exercise their franchise in the Juhapura area of Ahmedabad.