Does democratic India need more draconian laws than the ones under the British rule?

By Prabhakar Sinha*
Democratic India has far more draconian laws than the India under the British imperial rule. In fact, the Rowlatt Act whose opposition led to the massacre of more than a thousand men, women and children at the Jallianwala Bag is very mild and liberal compared to the Prevention of Terrorism Act, (POTA), 2002, Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985, Maintenance of Internal Security Act (MISA), 1971, Unlawful Activities (Prevention) Act (UAPA), 1967, Armed Forces (Special Powers) Acts (AFSPA), 1958, and numerous other laws enacted by the Union and the State governments after Independence.
Under the Rowlatt Act thousands could not have been arrested indiscriminately as is done under the dreaded draconian laws enacted in the Republic of India. When a democratic government needs draconian laws, it means that it has ceased to be a government for the people and is engaged in serving a handful at the cost of the multitude leading to the need of an arsenal of draconian laws to suppress the protesting masses.
Would the people create such a situation for a government which serves them well as to warrant enactment of draconian laws for their own suppression? Such a course would be illogical and irrational. If there is a need for ruthless laws in our country, there has to be a reason.
The fact is that successive governments after Independence have been shamelessly violating the letter and spirit of the constitution and betraying the people to serve the rich causing anger and resentment. To take only a few examples, the constitution enjoins the State to 'minimise the inequalities in income' and 'eliminate the inequality of status, opportunity and facility' but the rulers have been maximising them.
The constitution enjoins the State to prevent concentration of wealth and the means of production into a few hands, but the rulers have been doing the opposite and have created a class of the rich and super rich. The constitution mandates the State to utilise the resources of the nation for the community, but the same is being gifted to the handful of the rich to make them richer.
The rich fund all the political parties and finance their leaders, and they all return the favour by employing the power of the State and resources of the nation to serve the interest of their benefactors at the cost of the people. They have reduced our democracy to a plutocracy (the rule of the rich) with the facade of democracy.
It is this plutocracy, which impels the government of the day to fill its arsenal with draconian laws to suppress the masses clamouring for the fulfilment of the dream which the politicians have sold them.
The people are helpless in forcing the government to implement the provisions in the constitution (mentioned above) because they have been made non-justiciable i.e. the courts cannot direct the State to implement them. All the provisions dealing with the welfare of the people have been placed in Part IV of the Constitution, which are non-justiciable.
Thus the people have been made helpless spectators of the usurpation of their rights and their future while the usurpers have been vesting themselves with ferocious laws to suppress them if they raise their voice against their betrayal.
Ours is a government of the people and by the people because it is elected by the people, but is not a government for the people because it serves a handful instead of the general public. It offers bouquet to its paymasters and lathis, bullets and prison to the rest. The draconian laws are needed to shut us in the prisons and ask us to shut up.
---
*Former national president, People’s Union for Civil Liberties (PUCL). Source: PUCL Bulletin, March 2019

Comments

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar* Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman* On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan* (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat* Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

Balod tech fest tests students’ interest in innovative ideas in the fields of science, engineering, start-ups

By Our Representative A techno fest scheduled on December 20 and 21 in Balod district of Chhattisgarh will test the innovative ideas of school students in the fields of science, engineering and start-ups. For this two-day fest organised at Maheswari Bhawan of the district, a total of 824 models made by students were initially registered. Out of those, a selection committee chose 200 models from several schools spread over five blocks of Balod. These will be on display on these two days from 10am to 4.30pm. Out of many ideas, one of the most interesting models is a smart glove which can be used by children with impairments and disabilities. For those who cannot speak at all or have speech difficulty, they can ask for help from caregivers by pressing their fingers on the glove after wearing it. This will attract attention.

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

Affable but arrogant, embodying contradictions, Raj Kapoor's legacy will endure as long as Bollywood exists

By Harsh Thakor* December 14 marks the birth centenary of Raj Kapoor, a filmmaker and visionary who revolutionized Bollywood, elevating it to new heights by exploring uncharted emotional and social territories. Kapoor wasn’t just a filmmaker; he was a storyteller who touched the souls of the masses and reflected the pulse of post-partition India with unparalleled depth. His films acted as a unifying force in a divided nation, transcending social and cultural boundaries.

Suspicious death of Dalit laborer in BSF custody: A call for justice

By Kirity Roy* The tragic and suspicious death of Mr. Babai Barui, a Dalit daily wage laborer from North 24 Parganas, West Bengal, has raised serious concerns regarding custodial violence and the violation of fundamental rights. Mr. Barui, son of Sukharanjan Barui, resided in Pallishree Sangsad, Bongaon, and was arrested by the Border Security Force (BSF) on November 9, 2024, near the Angrail border on allegations of smuggling. The very next day, he was found dead under mysterious circumstances, with visible injuries that point toward possible custodial violence.

Search This Blog