Skip to main content

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:
  1. Arrest any person on mere suspicion.
  2. 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.
  3. 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

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.

PUCL files complaint with SC against Gujarat police, municipal authorities for 'unlawful' demolitions, custodial 'violence'

By A Representative   The People's Union for Civil Liberties (PUCL) has lodged a formal complaint with the Chief Justice of India, urging the Supreme Court to initiate suo-moto contempt proceedings against the police and municipal authorities in Ahmedabad, Gujarat. The complaint alleges that these officials have engaged in unlawful demolitions and custodial violence, in direct violation of a Supreme Court order issued in November 2024.

Aurangzeb’s last will recorded by his Maulvi: Allah shouldn't make anyone emperor

By Mohan Guruswamy  Aurangzeb’s grave is a simple slab open to the sky lying along the roadside at Khuldabad near Aurangabad. I once stopped by to marvel at the tomb of an Emperor of India whose empire was as large as Ashoka the Great's. It was only post 1857 when Victoria's domain exceeded this. The epitaph reads: "Az tila o nuqreh gar saazand gumbad aghniyaa! Bar mazaar e ghareebaan gumbad e gardun bas ast." (The rich may well construct domes of gold and silver on their graves. For the poor folks like me, the sky is enough to shelter my grave) The modest tomb of Aurangzeb is perhaps the least recognised legacies of the Mughal Emperor who ruled the land for fifty eventful years. He was not a builder having expended his long tenure in war and conquest. Towards the end of his reign and life, he realised the futility of it all. He wrote: "Allah should not make anyone an emperor. The most unfortunate person is he who becomes one." Aurangzeb’s last will was re...

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. 

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.

Implications of deaths of Maoist leaders G. Renuka and Ankeshwarapu Sarayya in Chhattisgarh

By Harsh Thakor*  In the wake of recent security operations in southern Chhattisgarh, two senior Maoist leaders, G. Renuka and Ankeshwarapu Sarayya, were killed. These operations, which took place amidst a historically significant Maoist presence, resulted in the deaths of 31 individuals on March 20th and 16 more three days prior.