Skip to main content

Proposed legislation suspends all civil rights, gives police unbridled powers to arrest anyone ‘on suspicion’


By Fr Cedric Prakash sj*
The Government of Gujarat continues to be on the offensive. Unable to deal with growing unrests and protests on several fronts, it has decided to unleash another draconian law called the Gujarat Protection of Internal Security Act (GPISA). Apparently, a draft is now ready and the Bill is expected to be tabled in the State Assembly at the next budget session.
The provisions of the forthcoming law are draconian on several counts; they negate the fundamental rights of citizens and go against the grain and spirit of the Constitution of India!
The proposals include that:
  • the Government can take action against caste groups, communities promoting ‘sectarian interests’
  • all offences under the new law will be non-bailable.
  • people can be arrested merely on suspicion of being a ‘threat to internal security.’ 
  • no legal proceedings against security agencies can be initiated for action taken ‘in ‘good faith.’ 
  • both public and private establishments can be put under electronic surveillance.
  • the Government can create security zones with special policing powers.
In short, the proposed legislation literally suspends all civil rights and gives the police unbridled powers to arrest anyone ‘on suspicion’. Defending the indefensible, an Official from the Home Department of the Gujarat Government recently said, “The bill will deal with internal security challenges posed by terrorism, insurgency, communalism and caste violence”.
This is all very ironic, since those responsible for such acts since 2002 in Gujarat now occupy high positions of power and privilege in the country and are cloaked with apparent immunity.
This is not the first time that the Gujarat Government has attempted to pass such a law. In 2003, when Narendra Modi was the Chief Minister, the State Assembly had passed the terrible ‘Gujarat Control of Terrorism and Organised Crime (GujCoTOC) bill. Strangely enough it was, the Vajpayee government that sent it back in 2004 asking for major changes to be made.
The Bill was passed later thrice by the State Assembly. Two Presidents, APJ Abdul Kalam (2004) and Pratibha Patil (2008), sent it back to the State Government without giving their assent. In September 2015, the Central Government under PM Modi cleared another version of the GujCoTOC. President Pranab Mukherjee’s approval did not seem forthcoming; finally, at the end of January 2016, the Union Home Ministry withdrew this controversial anti-terror Bill.
Draconian laws are not new to Modi and his ilk. In March 2003, as the CM of Gujarat he also introduced the Gujarat Freedom of Religion Act, which makes it mandatory for permission from the civil authority before one can embrace another religion. In spite of his tall claims of ‘religious freedom’ in India, he has not withdrawn this anti-Constitutional law to date.
It is evidently clear that GPISA is designed to stifle dissent, to choke human rights defenders and anyone else who demand their legitimate and democratic rights. From the Gujarat carnage of 2002 Gujarat is on the boil: every effort has been made to crush the minorities; land and livelihood has been snatched from the poor and the marginalized – be it the small farmers or the ordinary fishermen.
Big corporations have profited immensely from this injustice. The patidars, the dalits, the safai karmacharis, the adivasis have all been on the receiving end in Gujarat.
The voices of protest and dissent in Gujarat and elsewhere cannot be silenced; those who take a stand for truth and for justice- can never be muted. The GPISA cannot be tabled in whatever form.
Attempts by the Government to defocus from the plight of the people is bound to have disastrous consequences. It is hoped that sanity and good sense prevails. Beginning with Gujarat, we cannot allow India to become another police or rogue state, as is happening in other countries around us!
We, the people of India, need to awake, now! We need to protest the GPISA!
---
*Well-known human rights activist. Contact: cedricprakash@gmail.com

Comments

TRENDING

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".

India sees 62 journo deaths, 4th highest, amidst pandemic: Swiss media rights body

By Our Representative The Switzerland-based media rights body Press Emblem Campaign (PEC) has noted that India is the fourth most affected country as far as mediapersons’ death on account of Covid-19 is concerned. According to Blaise Lempen, secretary-general of PEC, the global tally of casualties among media persons in the Covid-19 pandemic has reached 1,036 journalists in 73 countries till date.

Liberating Bengal Hindus? Worst flames of communal division, lessons from the past

By Shamsul Islam*  The whole thrust of the RSS-BJP election campaign for 2021 state assembly elections in West Bengal has been to save Bengal from the rule of Mamata Bannerjee who is allegedly not a ‘Hindu’. Prime Minister Narendra Modi, a self-proclaimed Hindu nationalist, as usual set the polarizing agenda. While addressing the first election rally, he called upon the electorate to overthrow the ‘nirmam’ (cruel) rule of Mamata by showing a ‘Ram Card’. He did not name Hindus directly but there was no confusion about the religious identity of the electorate Indian PM was addressing to.

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.

Pradeep Bhattacharya, who spent his life for the cause of working masses, rational thinking

By YS Gill*  At 11:30 pm on May 3, 2021, I lost my best friend and comrade Pradeep Bhattacharya. He spent his life dedicated to the cause of the working masses and rational thinking. A person of thorough scientific outlook and a well-read student of Marxian thought, he was a walking encyclopedia and could speak on a wide variety of topics from art and culture to science, philosophy, history and politics.

Rs 5 crore 'demand' for India Today anchor: What about 52 lesser souls who died in April?

By Vidya Bhushan Rawat*  A well known Hindutva protagonist masquerading as journalist passed away recently resulting in messages of condolences and tribute right from the Prime Minister and the Home Minister to progressive liberals expressing grief of his untimely death. It is said that he passed away due to cardiac arrest, though the fact is, he was also Covid infected. The Prime Minister and the Home Minister termed him a ‘brave’ journalist, insisting, his passing away has left a big ‘vacuum’.

Modi's Hindutva 'ensuring' empowerment of rich, disenfranchisement of poor

Bhabani Shankar Nayak*  The Hindutva socio-psychopaths are neither nationalists nor patriotic people. These medieval reactionary forces don’t understand the idea of citizenship, justice, liberty, equality and humanism. Indian democracy is merely an electoral transaction for the Hindutva forces. Hindutva forces neither follow science nor understand the sufferings of fellow human beings. These core qualities are common among the Hindutva forces in India.

Communal rhetoric? Hindutva preached by RSS-BJP is 'monolithic', not Hinduism

By Prem Verma*  I am a devout Hindu but not a believer of RSS Hindutva form of Hinduism which brings about hatred of other religions. My Hindu religion has not taught me to look down on other religions and neither has it instilled in me to go about converting others to my religion because my religion is superior.

India's Covid-19 'nightmare': A product of majoritarian Hindutva ideological praxis?

By Bhabani Shankar Nayak*  Indians struggle to find place and time to bury their dead due to the devastating effects of the second wave of Covid-19 in India. The crematoriums in the capital cities are overflowing with dead bodies. People are dying without oxygen and basic medical support. The cities like Delhi and Mumbai are struggling to cope with the rising number of infections and COVID-19 led deaths. The deaths and destitutions are products of a defunct BJP government led by Narendra Modi.

Indian media persons collapsing to Covid disease as fast as 3 per day, third highest

Yogesh Sharma, Shailesh Rawal  By Our Representative  The Switzerland based media rights and safety body, Press Emblem Campaign ( PEC ) has said that it is “alarming for Indian journalists”, who have lost at least 107 colleagues to Covid-19”, noting, Indian “journo-colleagues” have been collapsing to the Covid-19 complications now as fast as three scribes per day. In a statement, PEC said, “India with 107 media corona-casualties has already placed itself on the third position just below Brazil (181 dead) and Peru (140) in the list of Covid-19 victims among journalist.”