UAPA Bill a weapon against ideological opponents: CPM

With the government bringing the Unlawful Activities (Prevention) Amendment Bill in Rajya Sabha, the CPM has expressed fear that the proposed provisions could be "wielded as a weapon against ideological opponents" claiming that the existing law has been "constantly misused".

In an editorial in party mouthpiece 'Peoples Democracy', it said the bill by all counts is a "dangerous piece of legislation" and an "attack on federalism, democratic rights and liberty" of citizens.

"The Modi government has strengthened the authoritarian architecture of a national security State by these amendments. They will also be wielded as a weapon against ideological opponents. The fight to defend democracy must encompass the struggle to get rid of these draconian laws," the CPM said.

The UAPA Amendment Bill has been passed by Lok Sabha and the government has listed it for passing in Rajya Sabha on Thursday. Opposition parties have demanded that the Bill be sent to a Select Committee for further Parliamentary scrutiny.

Along with the NIA Amendment Bill, which was passed by both Lok Sabha and Rajya Sabha, the CPM said the passage of amendments to UAPA will be going to make the laws "more draconian in the name of fighting terrorism".

Referring to the amendment that allows listing of an individual as a terrorist, it said there are already "sufficient" provisions for dealing with individuals who are active in terrorist organisations, or, aid terrorist activities.

"It is not to be done by a court which will examine the evidence and then provide punishment. By putting someone in the list of terrorists, the government will condemn such a person in the eyes of society and who will suffer the social consequences of being declared a terrorist, including loss of job and facing social boycott. The purpose seems to be arm the government with a weapon to suppress anyone who questions or opposes the government or subscribes to a revolutionary ideology," it said.

On Home Minister Amit Shah's comments that those who attempt to plant terrorist literature and terrorist theory in the minds of the young will not be spared, the editorial reminded that about the "notorious case" where the evidence for a person charged with sedition was his possessing a biography of Bhagat Singh.

"Any trade unionist having Marxist literature, or, a political activist distributing Left pamphlets can be accused of being terrorist as per Amit Shah’s definition...We already know how the UAPA has been used against activists like Sudha Bharadwaj. Now by this amendment, such persons can be listed as terrorists," it said.

On the amendment to do away with the need for prior approval from the state police chief, it said it was an "encroachment" on the powers of the state since police and law and order is a state subject.

It also took exception to the proposed amendment to allow an Inspector to investigate terrorism-related offences."Now the amendment empowers an Inspector of the NIA to investigate offences listed in the Act. For this, the plea given is that there are not sufficient DySPs in the NIA to take up the increasing load of cases. By allowing Inspectors to do the job, the scope for misuse will increase," it added.