‘Injustice anywhere is a threat to justice everywhere.’
Martin Luther King
The framers of the constitution of India- giving Fundamental rights, directive principles and fundamental duties had protected its citizens and surpassed the extreme powers of the state. The idea of a police state- had always been a concern for framers. Debates on Emergency provisions and its fears lay the foundation of a totalitarian state, a police state in a single part of the constitution, borrowed from the German constitution. But in today’s scenario Unlawful Activities (Prevention) Act(UAPA), Sedition act(124 A of IPC) have given powers to states where the rights and liberties of men, women are in constitutional jeopardy. The powers of these acts are so that, they can be recognized as Undeclared Emergency. The term sedition means- Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine maybe.
National Crime Records Bureau (NCRB) data reports the death of over 1,800 prisoners in the year 2018 (70% of prisoners were undertrials) The slow, corrupt and supreme powers of the state are taking many lives and are against constitutional morality. The death of father Stan Swamy raises not only questions on Judiciary but also on the present government. The authorities denied a straw and sipper to him, such inhuman treatment by authorities and denying him bail on Medical conditions makes Protection of Life and personal liberty(Article 21) a novel concept.
Only 2.2% of UAPA cases from 2016 to 2019 ended in conviction by Home ministry data. Highest reports being in Karnataka, Assam, Jammu and Kashmir, Uttar Pradesh, and Nagaland. Between 2016 and 2019- the number of cases of sedition under section 124A increased by 160%, while the conviction rate dropped to 3.3% in 2019 from 33.3% in 2016.
The Chief Justice of India recently remarked that section 124A of the Indian Penal Code(IPC) is prone to misuse by the government. “The use of sedition is like giving a saw to the carpenter to cut the piece of wood and he uses it to cut the entire forest itself” these are enlightening remarks on Indian Democracy. It is only India that uses the Preventive Detention Act in the democracy, and the abrupt use of these acts are destroying the basic values of the Constitution. The Draconian act should be abolished and erased by either parliament or Judiciary- though it would be a long journey to change. CJI’s remarks are welcomed and appreciated.
Manish Narwade
