UAPA - Today’s Customised Democracy

  06-Aug-2020 12:20:58

UAPA Modi J&Koppositionprotestsurban naxals terrorists

The right to life and liberty is enshrined in several global human rights mechanisms including, but not limited to the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), International Humanitarian Law and more. Subsequently, every country has mechanisms that state a set of rights their citizens are entitled to. These mechanisms are usually found in the constitution of the country and are prone to amendments as civilization evolves.

The provisions in the constitution of each country are drafted in a manner that does not threaten the sovereignty and integrity of the nation itself. In an ideal world, the balance between individual rights and national safety may be perfect. However, we are a continually progressing civilization, hence demanding law and order that is on par with progressive values is necessary. One of the most important rights that any human being is entitled to is the Right to Expression. For decades, we have struggled to draw a clear line between what constitutes free, acceptable speech, and what cannot. We delve further into murky waters when the freedom of expression can pose a threat to national security.

India – the world’s largest democracy, has been privy to several controversies keeping in mind the relationship between expression and national sanctity. With conflicts rife over porous borders, the country has to remain extremely vigilant over threats of anti-national elements. Terrorism is a pressing issue faced by the entire nation, as India has witnessed several chilling attacks with several casualties in tow.

In line with curbing the same, several acts were passed by our parliament over the decades - the Unlawful Activities (Prevention) Act of 1967 (UAPA), the Terrorist and Disruptive Activities (Prevention) Act of 1985 (TADA) and the Prevention of Terrorism Act of 2002 (POTA). The UAPA was introduced to grant powers that could eliminate any threat to the national safety and integrity of India. Based on the Constitution (Amendment) Act of 1963, the National Integration Council set up a committee to mull over “reasonable” restrictions over speech and expression, peaceful assembly (without arms), and formations of unions. Several amendments to the act followed over the years, with the recent amendment approved in 2019.

The rebellion by Khalistani militants in Punjab against India in the 1980s prompted the TADA, anti-terrorism legislation aimed at combatting terrorism. Having provided a thorough definition of terrorism, the law gave a wide range of powers to law enforcement to deal with any activity deemed socially disruptive that edged towards terrorism. Soon, several controversies sprung up, as several human rights bodies found several violations of rights by the Act. Completely disregarding many principles of a fair trial, the Act allowed 60 days of police custody, one year of detention (including preventive detentions) without formal charges and secret trials. With a sky-high arrest rate of almost 76,000 people within a decade and a dismal conviction rate, TADA was repealed to introduce the Prevention of Terrorism Act in 2002.

The deadly attack on the Indian Parliament by Lashkar-e-Taiba (Let) and Jaish-e-Muhamad (JeT) – two Pakistani terrorist organisations had set the floor for the introduction of POTA. The intention of avoiding any form of human rights violations as prompted by TADA was strong on paper, but failed in implementation, as several provisions of POTA were quite similar to TADA. These include 180-day detentions without filing charge sheets, confessions to law enforcement as admissible evidence, and almost 1000 arrests within a year. The Act was also grossly misused to target opposition politicians. However, the Act allowed High Court appeals and banned preventive detentions. The UPA government repealed this Act in 2004.

While arrests are still made under POTA and TADA, alarm bells rang out loud upon the amendments introduced to the UAPA in 2019. Previously, only organizations could be designated as terrorist elements, but the recent amendment includes provisions that allow for individuals to be designated as terrorists, under Schedule IV, Section 35. The constitutional validity of Section 10 of the UAPA was contested in Sri Indra Das v. State of Assam, where the Act was violative of Articles 19 and 21 of the Indian Constitution. The recent amendments went so far ahead as to impede an individual’s right to due process of law, right to dissent and right to reputation.

An ever-increasing list of prominent dissenters have been arrested after the recent amendment, most of whom actively opposed the Citizenship Amendment Act, 2019. The simplest of glances allow you to realize that the names primarily constitute critics, journalists and activists. The distressing surge in arrests of student activists, primarily Muslims has prompted several citizens to take a backseat and wonder about an emerging pattern that the BJP has propagated since their 2014 win.

These names include

Akhil Gogoi – Activist

Asif Iqbal Tanha – Jamia Milia student activist and leader of Students Islamic Organisation India

Masrat Zahra – Journalist

Meeran Haider – student activist

Gowhar Geelani – Kashmiri journalist

Safoora Zargar – Jamia Milia student activist

What concerns the author is the sheer unconstitutional nature of UAPA, violating several laws (national and international) that promote civil rights. The arrests of several protestors and activists blatantly showcases the suppression of the due right to dissent and peaceful opposition promised by the Indian Constitution. Several processes have been overlooked under the guise of national security, and the government has reached far beyond the ambit of accepted probing and incarceration. Prominent journalists who reported on severely criticised elements and activities of the ruling party’s state of affairs regarding the government have been slapped with sedition cases and more.

The title “anti-national” has been bestowed upon students of Jamia Milia and JNU, especially after the anti-CAA protests. Safoora Zargar, a Jamia student who was pregnant, was arrested and detained despite several continuous appeals and national outrage. While the onus of disproving might lie on the accused, the government holds the responsibility of ensuring clarity and eliminating problematic ambiguity in such legislations.

The anti-CAA protests had protestors incarcerated over supposed premeditated conspiracies that were apocalyptic in proportion and the Islamic community was duly branded rioters, conspirators and instigators. While BJP leader Kapil Mishra had openly threatened riots and went undisturbed, the Islamophobia is only made apparent. Lunatics brandishing guns at unarmed peaceful protestors were treated in a dignified manner, while lawful gestures were met with tear gas, pellets and bullets.

The initial shock does not die down, as anti-CAA protestors were continued to be identified and arrested even after lockdowns were imposed over COVID-19. Those who wield power now clamp down over civilians who participated in democratic processes, in a manner that is evidently toxic, while fair trial slips far away from us. It is necessary to remember that a democratic realm deserves fair process, not witch hunts, as the manner of arrests under this Act seems systematically targeted at individuals who critic and oppose the existing status quo.

Several Hindutva rioters roam free, as the government protects them, and “libtards” become targets to further their nationalist agenda. The line between patriotism and nationalism has blurred massively, and unaware, blinded followers celebrate the divide that is tearing apart the secular fabric of our nation. If we keep resorting to draconian legislation to silence dissent and democratic rights, incorporating the questionable legacies of repealed establishments, where exactly are we headed?

By: Reshma

(The views expressed are authors own. Cover image credits: Image by OpenClipart-Vectors from Pixabay.