December 6, 2024 04:15 IST
First published: December 6, 2024 at 04:15 IST
When Parliament is reconstituted after the 2024 Lok Sabha elections, your columnist listed eight laws that the central government should consider and repeal to ensure justice, equality and freedom for all citizens.
Now, with the winter session of Parliament half over, let us add four more items to that list: Anti-Conversion Law, Police Custody Provision in Indian Civil Protection Code, Unlawful Activities (Prevention) Act, Mumbai Prevention of Begging. Act, 1959. These laws disproportionately harm marginalized communities, restrict individual liberties, and violate constitutional protections.
It is time for Parliament to thoughtfully, critically re-evaluate and repeal these laws to uphold democratic values and protect the rights of all citizens.
Anti-Conversion Laws: Anti-conversion laws date back to the 1960s but there are some recent examples of these laws being passed in the states of Gujarat, Madhya Pradesh, Uttarakhand, and Uttar Pradesh. These laws undermine the fundamental right to freedom of religion and privacy under Article 25 and Article 21 of the Constitution respectively. By requiring prior notification or state approval for conversions, these laws impose paternalistic restrictions, often leading to harassment, communal tensions, and violations of personal autonomy. They disproportionately target interfaith marriages and perpetuate discriminatory stereotypes such as “love jihad”. These laws promote a surveillance-like state over deeply personal choices, which is antithetical to the secular and democratic values of our great nation.
Police Custody in Indian Civil Security Code: The words “except in police custody” have been removed from the section dealing with police custody in the hastily drafted new criminal law. Under the earlier framework, police custody was limited to 15 days in the initial period, irrespective of the overall detention period. This limit is an important safeguard against abuse of power and custodial abuse. However, the new provision effectively allows the 15-day detention period to be fragmented and spread over the entire remand period. This means that depending on the seriousness of the offence, a person can be repeatedly detained in police custody at intervals of 60 or 90 days. This can potentially lead to prolonged detention, increases the risk of abuse in custody, violations of individual rights, and undermines protections against arbitrary detention.
Unlawful Activities (Prevention) Act: UAPA poses a serious threat to fundamental rights and democratic freedoms in India. By criminalizing freedom of expression and dissent, it undermines Articles 19 and 21 of the Constitution, which guarantee freedom of expression and the right to life and liberty. The law defines “unlawful activity” too vaguely to allow the government to designate individuals or organizations as “terrorists” without a fair trial. This enabled arbitrary use of the provision to target activists, journalists and students. The UAPA undermines due process by allowing seizure of property and detention without charge for up to 180 days.
Abuse of the law boosted its dismal conviction rate by just 2.8 percent. This highlights that most individuals subject to the UAPA serve lengthy prison terms without the need for substantial evidence. It violates the right to a fair trial under Article 22 and undermines India’s commitment to justice and equality. The UAPA, in its current form, creates a harsh environment where dissent is criminalized, and citizens are denied fundamental liberties.
The Bombay Prevention of Begging Act, 1959: According to the 2011 census, 4,13,670 people were begging in India. The Bombay Prevention of Begging Act, 1959 makes it an offense to beg or perform on the streets for money using the vague definitions found in section 2(1). It unfairly targets the poor and informal workers. Provisions such as Article 5, which allows people caught begging in overcrowded “certified institutions” to be imprisoned for up to three years, strip individuals of their dignity. Similarly, Section 11, which allows warrantless arrest, opens the door to abuse and harassment. Instead of addressing the root causes of homelessness and unemployment, the Act punishes people for their poverty. By criminalizing the act of earning a living, the Act violates fundamental rights such as the right to life (Article 21) and freedom of movement and expression (Article 19), disproportionately harming the poor, violating the right to equality before the law (Article 14). It diverts attention from the government’s responsibility to address poverty, ignoring why people are forced to beg. Repealing this draconian, outdated law will allow for a more humane approach that treats poverty as a social issue and helps vulnerable communities with respect and care.
PS: Among the eight laws suggested by this column to be amended or repealed (‘including bad laws’, IE, June, 21) was the Aircraft Act, 1934. A bill to replace the Act was passed in the Lok Sabha. in August, and yesterday in the Rajya Sabha. One done, 11 to go!
The author is a Member of Parliament and Leader, All India Trinamool Congress Parliamentary Party (Rajya Sabha). Research Credit: Chahat Mangtani