Skip to main content

Awaiting Presidential nod, Gujarat anti-terror bill "qualifies" anti-govt protests as an act of terrorism

By Our Representative
Gujarat's two senior human rights activists have said that the Gujarat Control of Terror and Organised Crime (GUJTOC) Bill, 2015, currently awaiting the President’s assent, on paper seeks to curb organised crime and terrorism, but, in practice, will prove to be a “no-holds-barred attack on free speech.” In fact, they believe, thanks to its vague language, it will be a “codified a means for police intimidation” to quash any opposition to governmental decisions, terming them “terrorist.”
Alleging that it will be used particularly against the minority communities like Prevention of Terrorist Act (POTA) and Terrorism and Disruptive Activities (Prevention) Act (TADA, both of whom were repealed following uproar, the activists say, it is well known how POTA, “in its short life of a little over two years, was the legal means to register 287 cases in Gujarat – all against Muslims, barring one; a similar pattern was observed with TADA.”
The activists – Rohit Prajapati and Trupti Shah – in an article in the People's Union for Civil Liberties (PUCL) “Bulletin” – have said, “the most worrisome aspect” of GUJTOC is that it “makes no distinction between acts of terrorism, criminal activity and legitimate protest against the government anti-people policies.”
Giving details of the “draconian” provisions of the Bill, they say, “It defines 'terrorist act' as 'intention to disturb law and order, or public order, or to threaten the unity, integrity…', adding, sections 2(1)(d), (e), and (f), in effect, term any opposition to the government's efforts to amend or bring in laws related to labour, environment, land acquisition would be “construed as an actual act of terrorism, and a concerned citizen expressing dissent can be prosecuted.”
Sections 5 “introduces the provision of the special court "taking cognisance of any offence without the accused being committed to it for trial" on the basis of a mere police report, and section 14 allows evidence collected through the "interception of wire, electronic or oral communication” admissible in the court against accused, activists say.
“Section 16 allows a confession that was recorded before a police official of Superintendent of Police rank to be admissible in a trial against the accused or any of the other accused in a case”, the activists says, adding, this virtually “overrides” Section 162 of the Code of Criminal Procedure and Sections 25 and 26 of the Indian Evidence Act, 1872, which specifically prohibit the use of statements made to police officers in evidence.
A provision in section 17, the activists say, “empowers the special courts to hold the trial in-camera and take any measures necessary for concealing the identity and address of the witnesses”, and “allows court to make a decision that 'it is in the public interest to order that all or any of the proceedings pending before such a Court shall not be published in any manner'.”
“In an attempt to gag any reporting on trial proceedings, the law imposes a punishment of Rs 1 lakh along with a one-year prison sentence. This gag order by the court will penalize the few journalists who follow the cases in court, while leaving the initial frenzy of police stories untouched. Not to mention, snuffing out public scrutiny of the government's case.”, the activists underline.
Giving other details, activists say, Clause 20 (3) “removes the option of anticipatory bail”, and clause 20 (4) provides for “extremely restrictive conditions regarding bail, almost mandating the acquiescence of the public prosecutor”, and Clause 20 (5) “denies bail even if the accused had been released on bail in an offence under any other law on the date of the offence.”
Then there is Section 22 which “shifts the burden of proof from the prosecution to the accused in certain circumstances. In doing so, it dispenses with the presumption of innocence of the accused and breaks the 'golden thread' of criminal jurisprudence, requiring the prosecution to prove the guilt of the accused beyond reasonable doubt”, the activists say.
Further, there is Section 25which grants “ complete immunity to all state functionaries for any action taken under the provisions of the Bill”, which effect means “impunity to police officers for torture and extra-judicial methods employed in criminal investigations, under the garb of anti-terror operations”.

Comments

TRENDING

'Enough evidence' in Indian tradition to support legal basis for same-sex marriage

By Iyce Malhotra, Joseph Mathai, Sandeep Chachra*  The ongoing hearing in the Supreme Court on same-sex marriage provides space for much-needed conversations on issues that have hitherto remained “invisible” or engaged with patriarchal locker room humour. We must recognize that people with diverse sexualities and complex gender identities have faced discrimination, stigma and decades of oppression. Their issues have mainly remained buried in dominant social discourse, and many view them with deep insecurities.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

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".

Victim of communal violence, Christians in Manipur want Church leadership to speak up

By Fr Cedric Prakash SJ*  The first eleven days of May 2023 have, in many ways, been a defining period of Indian history! Plenty has happened in a rapid-fire stream of events. Ironically, each one of them are indicators of how crimes and the criminalisation of society has become the ‘new norm’; these include, the May Day rallies with a focus on the four labour codes which are patently against the rights of workers; the U S Commission on International Religious Freedom (USCIRF) released its Annual Report on 1 May stating that conditions for religious freedom in India “continued to worsen in 2022”; the continued protest by the Indian women wrestlers at Jantar Mantar for the expulsion of the chief of the Indian Wrestlers Federation on very serious allegations; the Elections in Karnataka on 10 May (with communalism and corruption as the mainstay); the release of the fake, derogative and insensitive film ‘The Kerala Story’; the release of World Free Press Index on 3 May which places India

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.

Unlike other revolutionaries, Hindutva icon wrote 5 mercy petitions to British masters

By Shamsul Islam*  The Hindutva icon VD Savarkar of the RSS-BJP rulers of India submitted not one, two,or three but five mercy petitions to the British masters! Savarkarites argue: “There are no evidences to prove that Savarkar collaborated with the British for his release from jail. In fact, his appeal for release was a ruse. He was well aware of the political developments outside and wanted to be part of it. So he kept requesting for his release. But the British authorities did not trust him a bit” (YD Phadke, ‘A complex Hero’, "The Indian Expres"s, August 31, 2004)

Polygamy in India "down" in 45 yrs: Muslims' from 5.7 to 2.55%, Hindus' 5.8 to 1.77%, "common" in SCs, STs

By Rajiv Shah Amidst All India Muslim Personal Law Board (AIMPLB) justifying polygamy, saying it “meets social and moral needs and the provision for it stems from concern and sympathy for women”, facts suggest the the practice is down from 5.7 per cent of Muslim families in 1961 to 2.55 per cent in 2006.

India joining US sponsored trade pillar to hurt Indian farmers, 'promote' GM seeds, food

Counterview Desk  As many as 32 civil society organisations (CSOs), in a letter to Union Commerce Minister Piyush Goyal on the Indo-Pacific Economic Framework (IPEF) and India joining the trade pillar, have said that its provisions will allow the US to ensure a more favourable regulatory regime “for enhancing its exports of genetically modified (GM) seeds and GM food”, underlining, it will “significantly hurt the livelihoods of Indian farmers.”

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

Modi govt 'wholly untrustworthy' on Covid data, censored criticism on pandemic: Lancet

By Rajiv Shah*   One of the world’s most prestigious health journals, brought out from England, has sharply criticised the Narendra Modi government for being “wholly untrustworthy on Covid-19 health data”, stating, the “official government figures place deaths at more than 530 000, while WHO excess death estimates for 2020 and 2021 are near 4·7 million.”

Savarkar 'opposed' Bhagat Singh's, Netaji's dream of India, supported British war efforts

By Shamsul Islam* In a shocking development, the student wing of the RSS put the busts of martyrs Bhagat Singh and Subhash Chandra Bose with Savarkar's on one pedestal at the University of Delhi late in the night on August 20, 2019. Bhagat Singh sacrificed his life for a socialist-democratic-secular republic and Netaji raised Azad Hind Fauj (INA) consisting of people of all religions and regions for armed liberation of India.