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:

Arrest any person on mere suspicion.
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.
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

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.

Search This Blog