oppn parties Bihar, Uttarakhand Adopt Extra-Constitutional Ways To Crush Dissent

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Bihar, Uttarakhand Adopt Extra-Constitutional Ways To Crush Dissent

By Linus Garg
First publised on 2021-02-06 07:54:44

About the Author

Sunil Garodia Linus tackles things head-on. He takes sides in his analysis and it fits excellently with our editorial policy. No 'maybe's' and 'allegedly' for him, only things in black and white.

The Bihar police have said that it will use the "police verification report" to deny a passport, government jobs, bank loans or financial grants to those indulging in "criminal activity" during street protests and demonstrations. In a similar action, Uttarakhand has said that it will monitor social media content of "suspects" for "anti-national" posts, advice them to refrain from posting such content or be prepared to face the music. It is no one's case that violent protestors go unpunished, but existing provisions of law are enough to hand them a just punishment. There is no need to go overboard. 

This is patently unconstitutional as there is no existing law under which the police of the two states can take such action. Those indulging in criminal activity during protests can be punished as per sections of the IPC but denying passports or other benefits and branding them criminal for life is beyond the remit of the police. It wants to act as judge, jury and executioner. Those is power want to crush dissent with a strong hand using illegal ways or by enacting laws that fall foul of the constitution. This situation has to change.

The Bihar government seems to be going all out against dissenters. Only last month, it had decreed that all criticism of the government online would be treated as cyber crime. It did not matter to the state government that the Supreme Court had declared section 66A of the IT Act unconstitutional and had repeatedly struck down such Acts enacted, or circulars issued, by the Central or state governments.

The right to peaceful protest is the hallmark of democracy. If protestors are violent, there are several provisions in the IPC to bring them to book. But the political class, backed by a malleable bureaucracy and the police, continue to enact draconian laws to subjugate the people. Further, what is "anti-national" has not been clearly defined in any law. Politicians take advantage of that to crush dissent. Politicians must learn to take criticism in their stride if they wish to truly serve the people. 

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