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

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

India's chemical industry: The missing piece of Atmanirbhar Bharat

By N.S. Venkataraman* Rarely a day passes without the Prime Minister or a cabinet minister speaking about the importance of Atmanirbhar Bharat . The Start-up India scheme is a pillar in promoting this vision, and considerable enthusiasm has been reported in promoting start-up projects across the country. While these developments are positive, Atmanirbhar Bharat does not seem to have made significant progress within the Indian chemical industry . This is a matter of high concern that needs urgent and dispassionate analysis.

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.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Remembering a remarkable rebel: Personal recollections of Comrade Himmat Shah

By Rajiv Shah I first came in contact with Himmat Shah in the second half of the 1970s during one of my routine visits to Ahmedabad , my maternal hometown. I do not recall the exact year, but at that time I was working in Delhi with the CPI -owned People’s Publishing House (PPH) as its assistant editor, editing books and writing occasional articles for small periodicals. Himmatbhai — as I would call him — worked at the People’s Book House (PBH), the CPI’s bookshop on Relief Road in Ahmedabad.

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.

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat* Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu. He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

Muslim women’s rights advocates demand criminalisation of polygamy: Petition launched

By A Representative An online petition seeking a legal ban on polygamy has been floated by Javed Anand, co-editor of Sabrang and National Convener of Indian Muslims for Secular Democracy (IMSD), inviting endorsements from citizens, organisations and activists. The petition, titled “Indian Muslims & Secular Progressive Citizens Demand a Legal Ban on Polygamy,” urges the Central and State governments, Parliament and political parties to abolish polygamy through statutory reform, backed by extensive data from the 2025 national study conducted by the Bharatiya Muslim Mahila Andolan (BMMA).

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...

Farewell to Robin Smith, England’s Lionhearted Warrior Against Pace

By Harsh Thakor* Robin Smith, who has died at the age of 62, was among the most adept and convincing players of fast bowling during an era when English cricket was in decline and pace bowling was at its most lethal. Unwavering against the tormenting West Indies pace attack or the relentless Australians, Smith epitomised courage and stroke-making prowess. His trademark shot, an immensely powerful square cut, made him a scourge of opponents. Wearing a blue England helmet without a visor or grille, he relished pulling, hooking and cutting the quicks.

Search This Blog