The definitions are vague, and the mandate to combat anti-national forces is linked to the security of a few people
On Wednesday, for hours, farmers blocked all entries into Chandigarh from Punjab. This put thousands of commuters to hardship. But ask the protesters, and they would say that they had little option in the matter, as they struggled to make their voices heard.
The protesters were urging the Punjab government to withdraw The Punjab Special Security Group bill, and the Punjab (Prevention) of Damage to Public and Private Property bill. They said these were \'black laws\' that would take away the people\'s right to peaceful protest.
There were 34 farmer unions in the struggle. Even though they remained completely peaceful, they were barred from entering Chandigarh. Meanwhile, the Punjab government has recalled the file from Raj Bhawan pertaining to The Punjab Special Security Group bill. The file pertaining to the Punjab (Prevention) of Damage to Public and Private Property bill reported awaits the assent of the President.
During the monsoon session of the Punjab Assembly, the Akali-BJP ruling combine pushed two bills, both draconian, that even revolt against the basic philosophy of the Akali Dal. The Punjab Special Security Group (SSG) Bill, 2010, and the Punjab (Prevention) of Damage to Public and Private Property Bill, 2010 face stiff opposition from a cross section of public opinion. The Congress, in protest, staged a walkout from the Assembly.
While introducing these bills, Deputy Chief Minister Sukhbir Singh Badal argued that as per inputs received from Central agencies, Pakistan\'s ISI was pressuring terrorist outfits to carry out anti-national activities in India, particularly in Punjab. He claimed that the ISI had tasked groups with disturbing the peace, and that there was danger to the life of certain highly threatened persons in Punjab.
It was in view of these threats that a need was felt for legislation to provide for an armed force to combat terrorist and Naxal activities, and secure the lives of \"highly threatened persons and their families.\"
So what was so new about the warnings, and where was the need for measures that prevent even peaceful demonstrations, which Punjabis resort to almost daily?
The mandate to combat anti-national forces is curiously linked to securing the lives of some persons and their families, as if the nation were some patrimonial heirloom! And the term \'anti-national forces\' is invested with a sinisterly hazy meaning that embraces practically any activity that may be termed as \'unlawful\'.
To quote from the Act: \'Anti-national force\' means any person, or organization or association of persons, which for its object, does any unlawful activity, or of which the members undertake such activity.\' Not the most scientific and precise definition, that! The Act goes on to secure the Special Security Group and its members from any accountability to law: No suit, prosecution or other legal proceeding shall lie against the Group or any member thereof on whom powers have been conferred or duties have been imposed under this Act, or any order issued or any rule or regulation made thereunder for anything which is in good faith done or purported to be done or omitted to be done in pursuance of this Act or any order issued or any rule or regulation made there under or any order issued under any such rule or regulation, as the case may be.
Sukhbir Singh did not elaborate about what input the central agencies like Intelligence Bureau and Punjab\'s own CID have provided. Similar arguments were advanced while introducing laws like TADA, POTA and Armed Forces Special Powers Act. These, as the large number of cases in courts show, were routinely abused by the paramilitary forces and the police. The Punjab Congress had then promised to challenge these laws in the Punjab and Haryana High Court, as it found these \"draconian, and meant to curb the fundamental rights of citizens\". It had objected to the \"sneaky way\" used to bring in the laws that resembled the Armed Forces Special Powers Act. Capt. Amarinder Singh argued, \"What is the need for bringing in these new laws when the state has been peaceful? I think these laws have been made to keep certain people under check in view of the Assembly elections scheduled for 2012. The government is trying to create a \'private force\' to keep its opponents under the thumb. We will not let this happen\".
But the Congress later conveniently forgot. Now, the opposition is being built by several farmers and trade unions. Legal luminaries have questioned the need for these laws, as there are several penal laws for preventing, detecting and punishing anti-national elements. Where, they ask, is the need for a special security group with jurisdiction beyond the boundaries of the state? Under this law, the police could nab or even eliminate a person outside the state, without being answerable to the Centre. This impunity will embolden the police which already runs roughshod over people\'s rights. Why are the Akalis, with a long history of struggle against draconian polices and laws, determined to make the people suffer an atrocious police pecking order? The government has not explained the terms \"anti-national force\" or \"unlawful activity\". Even activities as innocent as smoking a cigarette in a public place or jumping a red light could be termed \'unlawful\'. The law also does not precisely indicate who the \"threatened person\" might be.
Similarly, with Section 3 of the Punjab (Prevention of) Damage to Public and Private Property Bill, the government has tried to ban peaceful demonstrations, which could simply be done under Section 144 of the CrPC. Section 14 of the new law says, \"No suit, prosecution or other legal proceedings shall lie against any member of the police force on whom powers have been conferred… under this Act.\" Section 3 of the damage to property bill says: \"Whosoever wants to organise a peaceful demonstration... shall make an application to the district magistrate… for taking permission….\" The DM may grant or refuse the permission. How ridiculous, indeed!
These bills are a clear violation of fundamental, political and civil rights of the people. This would also undermine the right to freedom of speech and expression of citizens. In case the Congress forms the next government, there is likelihood that the Akalis will find their own medicine too bitter to swallow. The bills come at a time when the entire Indian civil society has raised a banner of protest against the blanket powers given to the armed forces under the infamous \"Armed Forces Special Powers Act\". The SSG bill will not stand any scrutiny under the standards set by the UN Protocol on Civil and Political Rights. What is shocking is that the Akalis, who have been in the forefront of fight against repressive legislation, should bring such laws.
What is odd is that Akali leadership is renowned for struggling against repressive laws. Now, the tables seem to have turned!
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GOBIND THUKRAL, (COURTESY DAILYPOST, 30, SEPTEMBER 2011),
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