Skip to main content

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

By Our 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 It also demanded, "Similar laws already in force in other states and nationally must be immediately repealed."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provisions in the GUJTCOC bill which are "incompatible with international human rights standards, and must be repealed or extensively revised", Amnesty said, these include the definitions of terrorism, which include acts “committed with the intention to disturb…public order”,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

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

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.

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. 

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

A Marxist intellectual who dwelt into complex areas of the Indian socio-political landscape

By Harsh Thakor*  Professor Manoranjan Mohanty has been a dedicated advocate for human rights over five decades. His work as a scholar and activist has supported revolutionary democratic movements, navigating complex areas of the Indian socio-political landscape. His balanced, non-partisan approach to human rights and social justice has made his books essential resources for advocates of democracy.

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.