oppn parties Terror And Sedition Laws Cannot Be Used Against Unarmed Protestors

News Snippets

  • NCLT initiates bankruptcy proceedings against former Videocon chairman Venugopal Dhoot for defaulting on loans of Rs 6158cr as personal guarantor in two group companies
  • LIC approves 1:1 bonus share issue
  • Gold and silver futures also go down by 0.7% and 2.2% respectively
  • Stocks tumbled again on Monday as crude prices rose: Sensex went down by 703 points and Nifty by 207 points
  • Supreme Court refuses to cancel the land-for-jobs FIR against Lalu Prasad
  • The spectre of El Nino haunts India: IMD predicts 'below normal ' monsoon this year
  • Labour protest over increase in wages by 35% (as per Haryana example) turns violent in Noida, nearly 200 were detained by the police
  • Congress leader Sonia Gandhi said that the delimitation exercise must be carried out after the Census is complete
  • PM Modi says Parliament is on the verge of creating history as the Houses get ready to take up the women's reservation bills
  • Tata Sons chairman N Chandrasekaran said that TCS COO Aarthi Subramanian is conducting a thorough inquiry to establish facts and identify individuals involved in the sexual harassment allegations at the company's Nashik office
  • Asha Bhonsle laid to rest with full state honours on Monday in Mumbai
  • AAP leader Arvind Kejriwal once again approached the Delhi HC to request the recusal of a judge from his case
  • Candidates Chess: R Vaishali on the verge of creating history, but needs two wins - one with black pieces - against formidable opponents to emerge as the challenger
  • Rohit Sharma, who retired hurt in the match versus RCB, underwent scans for possible hamstring injury
  • IPL: Abhishek Sharma fails for SRH but Ishan Kishan (91) shines. Then, Vaibhav Sooryavanshi fails for RR and SRH bolwers, especially unheralded Praful Hinge (4 for 24) and Sakib Hussain (4 for 24) win it for SRH. This was the first loss for table-toppers RR
Supreme Court questions Election Commission about SIR SOP and why logical discrepancy was introduced only in Bengal
oppn parties
Terror And Sedition Laws Cannot Be Used Against Unarmed Protestors

By Sunil Garodia
First publised on 2021-06-17 04:00:01

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

In its order granting bail to activists Natasha Narwal, Devangana Kalita, Asif Tanha, in jail for over a year in connection with the riots in North-east Delhi and the anti-CAA-NRC protests, for grave charges that included terror activity under the stringent UAPA, the Delhi High Court said that "it seems that in its anxiety to suppress dissent, in the mind of the state, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy".

Most governments cannot digest criticism. They fail to understand that at any given time, there would be strong disagreement with some of their policies in a large section of the population. Within the dissenters, there would be individuals and groups who would highlight the alleged defects in the policy and would start a movement to involve as many people as they can to protest against it. This activity of raising the banner of protest and uniting people under it is a democratic right and cannot be termed as terror activity. Unarmed protest, as the court rightly said, is a fundamental right in a democracy.

Calling the inferences drawn in the instant case from the factual allegations by the prosecuting agency to be "superfluous verbiage, hyperbole and stretched" the court said that "the foundations of our nation stand on surer footing than to be likely to be shaken by a protest, however vicious, organized by a tribe of college students".  It also said that "it was not the intent, nor purpose of enacting the UAPA, that other offences of the usual kind, however grave, egregious or heinous should also be covered by UAPA."

The government must pay heed to the repeated judicial interpretation of terror and sedition laws and stop using these draconian laws against peaceful protests. The need to allow space for dissent cannot be overstressed. This does not mean that the government cannot work or implement its policies. Ideally, it must enter into a consultative process and amend the policy by taking into account the reservations people have against it. If not, it can go ahead and implement it as it wants to. But it should not, must not, muzzle dissent or prosecute those who protest against the policies by using draconian laws. The courts must also act faster in granting bail to such accused as at most times they spend a long time in jail (more than one year in the present case) without any reason.