UAPA: Against the natural principles of justice

  • Line : kapil patel
  • 13 August,2019
UAPA: Against the natural principles of justice

New Delhi: The UAPA Amendment Bill,in which some important amendments were being suggested ,was one of the most important bills that got approval from the Parliament of India in the last week .We must keep in mind that this is not a new law rather it has been made more stringent through this amendment.It is so much strict now that it might not be present in any of the world’s best democratic countries .



Under this, the government authorised agency can not only declare an organisation as a terrorist one but it can also declare or brand an individual as a terrorist. Now, after this ,it becomes the responsibility of the Individual concerned to prove it on the platform of Justice that he/she is not a terrorist,which completely opposes the judicial process.




Prior to this,even if any state agency used to put such an allegation then it was the responsibility of the agency itself to prove that the person is guilty, but here,on the contrary,the person who is accused, will himself/herself have to prove that he/she is not the culprit, which goes against the natural principles of Justice .Hence, this amendment is against the moral values of democracy.



When this amendment bill was laid on the floor of the Parliament,the BJP had a strong majority in the Lok Sabha but there were huge possibilities in the Rajya Sabha that it could be stopped from getting approved but it didn’t happen, which violated the spirit of democracy ,values of democracy as well as the violation of human rights .



Despite the absence of majority of the BJP in the Rajya Sabha,the possibility of not getting the bill approved went into vain. If the opposition had a strong will then it could have been made possible to stop and control the situation in the Rajya Sabha.If not this much,then at least the opposition could have taken the bill to the Select Committee where it could be put to scrutiny and made better but even this didn’t happen.


This is very interesting that the Congress ,which is the biggest power in the Rajya Sabha,though criticised the bill and gave numerous arguments opposing it saying this and that ,but still the bill got 147 votes in it’s favour while 42 against it.



The 42 votes that went against included members from CPM ,CPI,DMK,RJD,NCP,PDP,etc,but some of it’s members were absent and thus the UAPA amendment bill got approval from the Rajya Sabha.



This is sad and unfortunate for India beacause there are so many cases regarding extremism,naxalism and other such cases in this country in which people have been arrested and put behind the bars for 23-32 years and in the end were released saying that the person is innocent or could not be proven guilty.



Now, in such circumstances,if the person is arrested at the age of 18 or 20 years and even if released at the age of 40 or 45 years ,so what’s the point behind this delayed release if the person’s life has been completely ruined.



Yet our legislators (law makers) did not learn any lesson from these incidents and hence, such incidents would be more prevalent. It is not known how effective this law will be in internal national security but it would definitely prove to be a bell of danger for those who disagree with the government. In whichever country, where democracy has seen a decline,laws like these have been responsible.






(Writer Amit Kumar Mandal belongs to Balrampur and is a student of Political Science department, Lucknow University who writes on social and political issues.)


(Translated by Nihalika Yadav, Department of Political Science, Lucknow University.)







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