There is a proverb in Urdu which loosely translated means, living one day as a lion is better than 100 days of a jackal’s. How many of us can claim that we live as lions in our country? If freedom and justice become scarce, those in power and in office merely offer lip service to the noble principles of our Constitution; if the law starts hunting down citizens instead of protecting them and when the right to dissent becomes a crime, it is a perilous time for all freedom and justice-living people of our country. The Unlawful Activities (Prevention) Act (UAPA) is termed draconian and a ‘black law’ because it flips the real meaning of justice. It targets the right to freedom and the right to dissent. The state can incarcerate a person for years without trial. Meanwhile, the person’s life suffers irreparable damage and is completely ruined.
‘Process is the Punishment’
UAPA is the revised version of laws like MISA, TADA and POTA. Draconian laws that were notorious for destroying the lives of thousands of innocent citizens whose only crime was to be “anti-establishment”. These laws had to be discontinued because of their tyrannical features but they managed to pass their most devastating legacy in the form of UAPA which many feel is even more lethal than its predecessors. After the amendment made to UAPA in 2019, the state is authorised to declare a person as “terrorist” and that too without any judicial review.
Article 21 of our Constitution guarantees all citizens the right to life and personal liberty. But, UAPA violates that guarantee. Section 43D(5) of the UAPA assumes that a person accused by the state is guilty till that person proves his/her innocence.
At a recent symposium organised by the Welfare Party of India, seasoned lawyer, Prashant Bhushan alleged that government agencies such as the NIA, ED, and CBI compile dossiers on judges and their relatives to blackmail them, eroding judicial courage. If the judiciary itself is not free then how can the public trust in law and justice? Retired judges and senior lawyers are all saying that UAPA makes the “process as punishment”. In other words, the real punishment is awarded, through years of life behind bars, even before the trial begins.
Double Standards
After the Delhi Riots, Umar Khalid, Sharjeel Imam, Khalid Saifi, Gulfisha Fatima and other activists were arrested and sent to jail under the UAPA. Five years have passed, but their trial is yet to begin. They have already lost the best years of their lives. Saifi’s children have grown up. Every new day behind bars increases the despondency of their kith and kin.
It is very obvious that excerpts from their speeches were taken out of context and were weaponised against them in framing charges although they only spoke of love, unity and brotherhood. Unfortunately, the judiciary overlooked these misrepresentations and accepted them as proof of a conspiracy. The politicians who publicly and on record, gave slogans of “golimaro…” (call to violence) are roaming scotfree and do not have any cases against them. However, those who were protesting peacefully have dozens of cases against them.
This double-standard is tearing apart the secular fabric of our nation. It is creating unrest and loss of trust in the people. According to NCRB data, the conviction rate is only 18% for all those cases that have been tried under UAPA. 89% of all cases are still pending in the various courts of India, pending final judgment. The simple implication of these numbers is that the lives of the accused is decimated before they get justice. The law is thus led to deliver oppression rather than justice. This entire UAPA saga is symptomatic of a greater malaise within our democracy. When the right to dissent is curbed and people fear talking truth to power then democracy is only worth the paper it is written on. The public start disbelieving in it.
Idea of India
The historic Shaheen Bagh Protests showed the world that the people of India want to save the democracy and the nation dreamt of by our founding fathers. A nation where people of all religious affiliation live together in peace and harmony. With the Constitution of India in one hand and legitimate demands in the other, these protestors showed the world what non-violence is all about and why the “idea of India” that stands on the foundations of peace, justice, tolerance, communal harmony is alive and kicking and that the vast majority of the people of India reject hate, violence and communalism.
Obviously, those who did not want to see a united, peaceful and progressive India, started their machinations and cracked down on the young leadership that led and nurtured this ideology of love and constitutional values. Gandhi, Babasaheb Ambedkar and Jawaharlal Nehru – all considered the right to dissent as their fundamental right. If they did not exercise their right to dissent, we would not have attained our freedom. By framing a narrative that equates dissent with terror and dissenters with terrorists, we are deceiving ourselves and disowning the history of our freedom struggle.
Silence Not an Option
UAPA targets journalists, students, academicians – not just political activists. Every dissenting voice is hunted and silenced. People become silent onlookers. This silence becomes the lifeline of “authoritarianism”. Silence and lack of outrage at the thwarting of civil liberties and fundamental rights is the blood that energises dictators and fascist regimes.
It is the moral obligation of “we the people” to raise their voices for justice. Democracy cannot survive with repression. But this “raising of ones’ voice” must be both peaceful and powerful. The conviction of the people will drive their struggle for justice. The UAPA shall have to be shelved or radically reformed. The ambiguity surrounding terrorism and ‘unlawful activity’ in the UAPA shall have to be removed. Peaceful protests, expressing dissent over government policies cannot be included in the purview of ‘unlawful’.
Again, the arbitrariness over bail must be removed and there must be clear grounds over which bail can be granted. It is the job of the judiciary to prevent the law from being misused. Unfortunately, they seem to be under pressure from the executive. This is damaging the spirit of democracy. In fact, democracy has seriously taken ill in our country. If “we the people” do not raise our voices against draconian laws such as the UAPA, we will likely see its “premature death”. And that would be a sad day in the history of our nation.