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 A 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

Whither space for the marginalised in Kerala's privately-driven townships after landslides?

By Ipshita Basu, Sudheesh R.C.  In the early hours of July 30 2024, a landslide in the Wayanad district of Kerala state, India, killed 400 people. The Punjirimattom, Mundakkai, Vellarimala and Chooralmala villages in the Western Ghats mountain range turned into a dystopian rubble of uprooted trees and debris.

From algorithms to exploitation: New report exposes plight of India's gig workers

By Jag Jivan   The recent report, "State of Finance in India Report 2024-25," released by a coalition including the Centre for Financial Accountability, Focus on the Global South, and other organizations, paints a stark picture of India's burgeoning digital economy, particularly highlighting the exploitation faced by gig workers on platform-based services. 

Gig workers hold online strike on republic day; nationwide protests planned on February 3

By A Representative   Gig and platform service workers across the country observed a nationwide online strike on Republic Day, responding to a call given by the Gig & Platform Service Workers Union (GIPSWU) to protest what it described as exploitation, insecurity and denial of basic worker rights in the platform economy. The union said women gig workers led the January 26 action by switching off their work apps as a mark of protest.

'Condonation of war crimes against women and children’: IPSN on Trump’s Gaza Board

By A Representative   The India-Palestine Solidarity Network (IPSN) has strongly condemned the announcement of a proposed “Board of Peace” for Gaza and Palestine by former US President Donald J. Trump, calling it an initiative that “condones war crimes against children and women” and “rubs salt in Palestinian wounds.”

India’s road to sustainability: Why alternative fuels matter beyond electric vehicles

By Suyash Gupta*  India’s worsening air quality makes the shift towards clean mobility urgent. However, while electric vehicles (EVs) are central to India’s strategy, they alone cannot address the country’s diverse pollution and energy challenges.

With infant mortality rate of 5, better than US, guarantee to live is 'alive' in Kerala

By Nabil Abdul Majeed, Nitheesh Narayanan   In 1945, two years prior to India's independence, the current Chief Minister of Kerala, Pinarayi Vijayan, was born into a working-class family in northern Kerala. He was his mother’s fourteenth child; of the thirteen siblings born before him, only two survived. His mother was an agricultural labourer and his father a toddy tapper. They belonged to a downtrodden caste, deemed untouchable under the Indian caste system.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Over 40% of gig workers earn below ₹15,000 a month: Economic Survey

By A Representative   The Finance Minister, Nirmala Sitharaman, while reviewing the Economic Survey in Parliament on Tuesday, highlighted the rapid growth of gig and platform workers in India. According to the Survey, the number of gig workers has increased from 7.7 million to around 12 million, marking a growth of about 55 percent. Their share in the overall workforce is projected to rise from 2 percent to 6.7 percent, with gig workers expected to contribute approximately ₹2.35 lakh crore to the GDP by 2030. The Survey also noted that over 40 percent of gig workers earn less than ₹15,000 per month.