Bihar's govt's legal armour for 'unbridled' powers to suppress dissent, rights activists

Counterview Desk
India’s top civil society network, National Alliance of Peoples’ Movements (NAPM), has demanded the Bihar government should immediately withdraw the “undemocratic” Bihar Special Armed Police Bill, calling it a draconian law, insisting it was “passed in a draconian manner.” It adds, the bill, passed on March 23, on the anniversary of martyrdom of Bhagat Singh, Sukhdev and Rajguru, “effectively turns Bihar into a Police Raj.”
In a statement, tens of NAPM’s top leaders, including Medha Patkar, Aruna Roy, Nikhil Dey, Prafulla Samantara and Sandeep Pandey, referring to what it called “brutal police violence within the State Assembly at the behest of the ruling party” in order to pass the bill, said, “The process through which the Bill was passed, after humiliating and assaulting elected representatives, goes against all parliamentary traditions and constitutional precedents.”

Text:

National Alliance of Peoples’ Movements strongly condemns the high-handed and undemocratic passing of the Bihar Special Armed Police Bill, 2021 by the Bihar Assembly, and the violence meted out to the opposing voices by the police on March 23. The process through which the Bill was passed, after humiliating and assaulting elected representatives, goes against all parliamentary traditions and constitutional precedents, while its content effectively turns Bihar into a Police Raj.

This happened, ironically, on a day that holds great significance for the people of India. It is on March 23 that freedom fighters Bhagat Singh, Sukhdev and Rajguru were martyred. This is also the day famous socialist leader Ram Manohar Lohia was born.
The Bihar Special Armed Police Bill, 2021 introduced by the Nitish Kumar government, is an anti-democratic, ruthless, and draconian law through which the Bihar Armed Police has been given unconstitutional and sweeping powers to:

Arrest any person on mere suspicion.
Arrest without a warrant, in the event of ‘threat of attack, use of force or any other intimidation’ against the establishment to which the Special Armed Police is attached.
Conduct searches and arrests without warrant.

The Bill grants the ‘Special Armed Police’ impunity. No court shall take cognizance of offenses committed by a special armed police officer. That means that even if a special armed police officer commits multiple offenses, the public cannot approach the court for justice.
This Bill gravely undermines the constitutional and legal protection each citizen is granted, and provides legal armour and justification for unbridled state and central powers to suppress any dissent or opposition from human rights activists, intellectuals, students, writers, artists, and any independent voices who oppose or criticize the policies of the government. Undoubtedly, the Bihar Special Armed Police Bill, 2021 is a harmful, dangerous, and unjust manifestation of authoritarianism and arbitrariness.

The incident exposes Nitish Kumar as ‘socialist’. After assault on democracy, he declared a cultural evening and feast

The Bill was met with strong opposition, both within and outside the House, where a rally was taken out. The participants in the rally were subjected to police violence at the behest of the ruling alliance, which includes the Bhartiya Janata Party and the Janata Dal (United). Protesters within the Assembly faced similar violence as the police were called to remove them from the session.
Instead of addressing attacks on the Bihar Assembly, an important institution of democracy, the police targeted legislators, including women and older people. This incident is an insult to the votes of crores of people whose elected representative MLAs appear in recorded footage being kicked, dragged and beaten with shoes by the CM’s police.

Following the incident, CM Nitish Kumar issued a statement ‘justifying’ the police action, clearly indicating that the Speaker allowed the police excesses, at the behest of the ruling party. All of this also proves that the state and Center are working together to advance draconian police action and legislation that enables police impunity in the state. The incident also exposes Nitish Kumar as a ‘socialist’ when, after such a shameful incident and assault on democracy, he declared a ‘cultural evening and feast’!

National Alliance of Peoples’ Movements demands that:
(i) the undemocratic Bihar Special Armed Police Bill, 2021 be withdrawn immediately.
(ii) the Chief Minister and Speaker issue an apology to the opposition legislators, the House and the people of Bihar for this shameful act in the Bihar Legislative Assembly and acknowledge that their actions have compromised the dignity of the House and democracy.
(iii) the Chief Minister ensures an inclusive, violence-free and appropriate debate in the House before any modifications to the powers given to the police are considered.

---

Click here for signatories

Comments

Avoidable Narmada floods: Modi birthday fete caused long wait for release of dam waters

Counterview Desk Top advocacy group, South Asia Network on Dams, Rivers and People (SANDRP), has accused the Sardar Sarovar dam operators for once again acting in an "unaccountable" manner, bringing "avoidable floods in downstream Gujarat." In a detailed analysis, SANDRP has said that the water level at the Golden Bridge in Bharuch approached the highest flood level on September 17, 2023, but these "could have been significantly lower and much less disastrous" both for the upstream and downstream areas of the dam, if the authorities had taken action earlier based on available actionable information.

Biden urged to warn Modi: US can declare India as worst religious freedom offender

By Our Representative During a Congressional Briefing held on Capitol Hill, Washington DC, Nadine Maenza, former Chair of the United States Commission on International Religious Freedom (USCIRF), has wondered why the Biden administration should raise issues of mass anti-minority mob violence -- particularly in Haryana and Manipur -- with Modi. Modi should be told that if such violence continues, the US will be “compelled by law” to designate India as one of the world’s worst offenders of religious freedom, she urged.

From 'Naatu-Naatu' to 'Nipah-Nipah': Dancing to the tune of western pipers?

By Dr Amitav Banerjee, MD* Some critics have commented that the ecstatic response of most Indians to the Oscar for the racy Indian song, “Naatu-Naatu” from the film, “RRR” reeks of sheer racism, insulting visuals and a colonial hangover. It was perhaps these ingredients that impressed the Academy of Motion Picture Arts and Sciences, one critic says.

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.

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".

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.

Asset managers hold '2.8 times more equity' in fossil fuel cos than in green investments

By Deepanwita Gita Niyogi* The world’s largest asset managers are far off track to meet the 2050 net zero commitments , a new study released by InfluenceMap , a London-based think tank working on climate change and sustainability, says. Released on August 1, the Asset Managers and Climate Change 2023 report by FinanceMap, a work stream of InfluenceMap, finds that the world’s largest asset managers have not improved on their climate performance in the past two years.

Evading primary responsibility, ONGC decides to invest Rs 15,000 crore in sick subsidiary

By NS Venkataraman* It is reported that Oil and Natural Gas Corporation (ONGC) will infuse about Rs 15,000 crore in ONGC Petro-additions Ltd (OPaL) as part of a financial restructuring exercise. ONGC currently holds 49.36 per cent stake in (OPaL), which operates a mega petrochemical plant at Dahej in Gujarat. GAIL (India) Ltd has 49.21 per cent interest and Gujarat State Petrochemical Corporation (GSPC) has the remaining 1.43 per cent.

'State-sanctioned terror': Stop drone attack on Adivasis, urge over 80 world academics

Counterview Desk A joint statement, “Indigenous Peoples’ Un-Freedoms and Our Academic Freedom: A Call for Solidarity”, endorsed by over 80 signatories, including international academics, activists and civil society organizations, as well as diasporic Indian academics and researchers, working with Adivasi (indigenous) communities in India, has made an urgent appeal to prevent future drone bomb attacks by the Indian state on Adivasi villages.

Sales, profits of Indian firms 'deteriorate', yet no significant increase in cost pressures

By Our Representative The Indian Institute of Management-Ahmedabad's (IIM-A's) latest Business Inflation Expectations Survey (BIES), a monthly exercise, has said that while cost perceptions data does not indicate significant increase of cost pressures, sales and profits of the Indian firms have deteriorated.

Search This Blog