Skip to main content

"Repeal" Gujarat anti-terror bill, it's "incompatible" with human rights norms

By A Representative
Top human rights body, Amnesty International, has asked the President of India to reject the new anti-terror bill, passed in the Gujarat state assembly last month-end. Calling it "draconian", Amnesty said, it "falls far short of international human rights standards." It also demanded, "Similar laws already in force in other states and nationally must be immediately repealed."
Called the Gujarat Control of Terrorism and Organised Crime (GUJTCOC) Bill, 2015, it needs presidential assent to become law. Amnesty said, “Political parties have tried to paint the passing of the bill as a political tussle. But unfortunately, several parties have been guilty of supporting similar laws at the state and national level,” he said, pointing out that "the GUJTCOC bill is based on similar laws in force in the states of Maharashtra and Karnataka."
Specifically referring to the the objectionable provisions in the GUJTCOC bill which are "incompatible with international human rights standards, and must be repealed or extensively revised", Amnesty said, these include the definitions of terrorism, which include acts “committed with the intention to disturb…public order”, or “likely to cause…loss of, or damage to, or destruction of, property”.
Similarly, Amnesty said, "The definition of abetment in the bill covers a range of activities including 'communication or association with any person' assisting an organized crime syndicate, or publishing 'without any lawful authority, any information likely to assist an organized crime syndicate'.”
According to Amnesty, "These broad definitions could threaten several basic rights, including the rights to freedom of expression and association. Organizing a demonstration or protest critical of the government could be labelled and prosecuted as an act of terrorism under the overly broad definition used in the bill. Writing a journalistic report on an act of terrorism could be prosecuted as abetment."
"Any definition of terrorism and related acts should be exact and legally precise", Amnesty said, adding, "Counter-terrorism measures should be necessary and proportionate to countering specific threats of terrorism."
It said, "The International Covenant on Civil and Political Rights – to which India is a state party – has been interpreted by the UN Human Rights Committee as requiring states to ensure that counter-terrorism measures do not lead to unnecessary or disproportionate interference with freedom of expression."
According to Amnesty, Section 20 (2) of the bill seeks to "extend the minimum period of detention of suspects from 15 days to 30 days and the maximum period of detention without charge from 90 days – already far beyond international standards - to 180 days." And, "the only safeguard provided is that the court should satisfy itself from the prosecution about the progress made in the investigation and the specific reasons for the detention beyond 90 days."
"The possibility of long periods of detention without charge increases the risk of torture and other ill-treatment in custody. Such violations have frequently taken place during similar detention in Gujarat and other states. A longer period of pre-charge detention cannot be a substitute for more effective policing and investigation", Amnesty said.
Then, said Amnesty, Section 16 of the bill "seeks to make a confession made by a detainee to a police officer at or above the rank of Superintendent admissible as evidence in court, subject to certain conditions." It added, "Under ordinary Indian criminal law, confessions made to the police are not admissible as evidence because of fears that they may be obtained through torture or other ill-treatment."
Further, Section 14 of the bill states that evidence collected “through the interception of wire, electronic or oral communication under the provisions of any other law shall be admissible as evidence against the accused” in court. Objecting to it, Amnesty said, "Interception of communications can interfere with the right to freedom of expression and association and the right to individual privacy" and "violates international human rights standards."

Comments

TRENDING

How the slogan Jai Bhim gained momentum as movement of popularity and revolution

By Dr Kapilendra Das*  India is an incomprehensible plural country loaded with diversities of religions, castes, cultures, languages, dialects, tribes, societies, costumes, etc. The Indians have good manners/etiquette (decent social conduct, gesture, courtesy, politeness) that build healthy relationships and take them ahead to life. In many parts of India, in many situations, and on formal occasions, it is common for people of India to express and exchange respect, greetings, and salutation for which we people usually use words and phrases like- Namaskar, Namaste, Pranam, Ram Ram, Jai Ram ji, Jai Sriram, Good morning, shubha sakal, Radhe Radhe, Jai Bajarangabali, Jai Gopal, Jai Jai, Supravat, Good night, Shuvaratri, Jai Bhole, Salaam walekam, Walekam salaam, Radhaswami, Namo Buddhaya, Jai Bhim, Hello, and so on. A soft attitude always creates strong relationships. A relationship should not depend only on spoken words. They should rely on understanding the unspoken feeling too. So w...

राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी: जल जीवन मिशन के लक्ष्य को पाने समन्वित प्रयास जरूरी

- राज कुमार सिन्हा*  जल संसाधन से जुड़ी स्थायी समिति ने वर्तमान लोकसभा सत्र में पेश रिपोर्ट में बताया है कि "नल से जल" मिशन में राजस्थान, मध्यप्रदेश, पश्चिम बंगाल, झारखंड और केरल फिसड्डी साबित हुए हैं। जबकि देश के 11 राज्यों में शत-प्रतिशत ग्रामीणों को नल से जल आपूर्ति शुरू कर दी गई है। रिपोर्ट में समिति ने केंद्र सरकार को सिफारिश की है कि मिशन पुरा करने में राज्य सरकारों की समस्याओं पर गौर किया जाए। 

Censor Board's bullying delays 'Phule': A blow to India's democratic spirit

By Vidya Bhushan Rawat*  A film based on the life and legacy of Jyotiba Phule and Savitribai Phule was expected to release today. Instead, its release has been pushed to the last week of April. The reason? Protests by self-proclaimed guardians of caste pride—certain Brahmin groups—and forced edits demanded by a thoroughly discredited Censor Board.

Maoist call for peace talks: A democratic opening amidst state repression?

By Harsh Thakor*  The readiness of the CPI (Maoist), a banned organisation, for peace talks is seen as signifying a democratic gesture that should be welcomed by all who uphold democratic values. The ongoing conflict under ‘Operation Kagaar’ in Central India represents a clash between alleged state aggression and self-defence by oppressed communities. Critics argue that the Indian government has violated constitutional principles by promoting corporate expansion in Adivasi regions under the pretext of development, endangering the lives and livelihoods of local populations.

CASR urges immediate halt to Operation Kagaar, calls for peace talks with Maoists

By A Representative   The Campaign Against State Repression (CASR), a collective of over 40 civil society organizations, has issued a press statement demanding an immediate end to "Operation Kagaar" and alleged state-led killings of Maoist rebels and indigenous people in central India. The group also called on the central government to create a conducive environment for initiating peace talks with the banned Communist Party of India (Maoist).

Incarcerated for 2,424 days, Sudhir Dhawale combines Ambedkarism with Marxism

By Harsh Thakor   One of those who faced incarceration both under Congress and BJP rule, Sudhir Dhawale was arrested on June 6, 2018, one of the first six among the 16 people held in what became known as the Elgar Parishad case. After spending 2,424 days in incarceration, he became the ninth to be released from jail—alongside Rona Wilson, who walked free with him on January 24. The Bombay High Court granted them bail, citing the prolonged imprisonment without trial as a key factor. I will always remember the moments we spent together in Mumbai between 1998 and 2006, during public meetings and protests across a wide range of issues. Sudhir was unwavering in his commitment to Maoism, upholding the torch of B.R. Ambedkar, and resisting Brahmanical fascism. He sought to bridge the philosophies of Marxism and Ambedkarism. With boundless energy, he waved the banner of liberation, becoming the backbone of the revolutionary democratic centre in Mumbai and Maharashtra. He dedicated himself ...

Why crucifixion is a comprehensive message of political journey for the liberation of the oppressed

By Vijayan MJ  Passion week is that time of the year when Christians all over the world remind themselves about the sufferings, anguish, pain and the bloody crucifixion that Jesus Christ took on himself, as part of his mission of emancipating the people and establishing the kingdom of god. The crucifixion was not just a great symbolism of the personal sacrifice of one person, but it was a comprehensive messaging of a political journey for the liberation of the oppressed; one filled with struggle, militancy, celebration of life, rejection of temptations, betrayals, grief, the long-walk with the cross, crucifixion and ultimately resurrection as a symbol of victory over the oppressors and evil. 

How Mumbai University crumbles: Not just its buildings

By Rosamma Thomas*  In recent days, the news from the University of Mumbai has been far from inspiring – clumps of plaster have fallen off the ceiling at the CD Deshmukh Bhavan, and it was good fortune that no one was injured; creepy crawlies were found in the water dispenser that students use to collect drinking water, and timely warning videos circulated by vigilant students have kept people safe so far.

CPM’s evaluation of BJP reflects its political character and its reluctance to take on battle against neo-fascism

By Harsh Thakor*  A controversial debate has emerged in the revolutionary camp regarding the Communist Party of India (Marxist)'s categorization of the Bharatiya Janata Party. Many Communists criticize the CPM’s reluctance to label the BJP as a fascist party and India as a fascist state. Various factors must be considered to arrive at an accurate assessment. Understanding the original meaning and historical development of fascism is essential, as well as analyzing how it manifests in the present global and national context.

Akhilesh Yadav’s boycott of Dainik Jagran: A step towards accountability or political rhetoric?

By Vidya Bhushan Rawat  Akhilesh Yadav has called for a total boycott of Dainik Jagran, a newspaper owned by the Gupta family. He also declared that the Samajwadi Party will no longer participate in any panel discussions organized by a media channel allegedly controlled by the family or relatives of the omnipresent Rajiv Shukla. Akhilesh Yadav and the Samajwadi Party are well aware that Dainik Jagran has long been antagonistic to Dalit-Bahujan interests. The newspaper represents a Bania-Brahmin corporate and ideological enterprise.