The following is the continuation of the text of “CITIZENS GUIDE TO RAJIV GANDHI‘ INDIA,” A book published by an Indian human rights organization, the People’s Union Of Democratic Rights. The book describes various new laws which have helped the Rajiv Reagme to turn the once democratic India into an autocracy. Anyone can be arrested under these new laws which are still enforced in Punjab. An arrested person is presumed guilty till he proves that he is innocent. Hundreds are still in jail under these laws …

Since the imposition of President’s rule in Punjab in May 1987 at least 2,678 people have been arrested as “terrorists” there. One wonders how many of them are terrorists? The majority of those who were held as “terrorists” during the Operation Bluestar in Amritsar in 1984 and 300 odd among them are still detained in Jodhpur jail were innocent pilgrims, old men and women who were stranded in the Golden Temple

Ironically, while common citizens are being harassed, arrested and killed (in false encounters till October 1987 there were about 430 such killings of innocent people), on mere suspicion of their having terrorist connections the actual terrorists go undetected and have in fact increased their scores in terms of victims. According to the former Punjab Chief Minister Surjeet Singh Barnala

“If you are a Doctor, A Lawyer, Or a Teacher beware of your patients, your clients or your students. They may be “terrorists” “disruptionists,”’ ‘‘secessionists.” Forget the Hippocratic oath and swear by TADA. If a patient comes to you and you treat him and he turns out to be a “terrorist” you have committed a crime.”

over 1,500 persons had been killed by terrorists in Punjab since the imposition of President’s rule there.

Now with the 59th amendment the bloody may hem will be carried out in total darkness since people outside Punjab will have little chance to know what is happening there with the imposition of pre censorship.

From now on then, you are a second class citizen in Punjab denied the rights which your fellow citizens enjoy in the rest of India. You are also a fair game for both the trigger happy police and the fanatic terrorists.

If You Are A Doctor, A Lawyer, Or A Teacher…

Beware of your patients your clients or your students. They may be ‘terrorists’ ‘disruptionists,’ ‘secessionists.’

Forget the Hippocratic Oath and swear by TADA. If a patient comes to you and you treat him and he tums out to a “terrorists” you have committed a crime. According to TADA, “a rendering of any assistance whether financial or otherwise to terrorists or disruptionists” is an offense (52iii). You can be punished with imprisonment for a term which may not be less than six months ‘but which may extend to seven years.

Do not dare to act on behalf of your client, if you are a lawyer. He may be a “terrorist”. Acting on behalf of such a person “in drawing accepting, paying, presenting for acceptance, or payment negotiating or otherwise dealing with any negotiable instrument” is an offense under the TADA rules (231d).

Shun your students, For, they may be “instigating or abetting terrorist acts or disruptive activities or assisting in any manner terrorists or disruptionists. “Communicating with such persons is an offense. (TADA 52ai),

“You may be Innocent, but your house can be found guilty. TADA provides for “the demolition, destruction or rendering useless, in case of necessity, of any building or other premises or any other property.”

You May Be Innocent, But Your House…

can be found guilty. TADA provides for “the demolition, destruction or rendering useless, in case of necessity, of any building or other premises or any other property.” (521) to prevent the use of the premises by terrorists or even to “minimize danger to persons and property in orin the vicinity of such premises during any operations against terrorists and disruptionists.” (TADA Rules 211).

If You Are A Worker…

employed in essential services like the railways, posts and telegraph, transport etc., you are denied the right to strike. The Essential Services Maintenance Act (ESMA). which bans your right to strike was introduced first in 1981. It was extended by another five years on August 22, 1985. If you join the strike, or instigate or incite others to join it, you are liable to disciplinary action (including dismissal) and can be punished with imprisonment for a term which may extend to six months or with a fine which may extend to Rs 1,000 or with both.

Even Your Wife Or Husband Or Friend …

is not spared by ESMA. Any person who expends or supplies any money in support of strike shall be punishable with imprisonment or fine or both, thus preventing the relatives and friends of the striking employees from contributing to stnke funds, or even from helping them out with food and money. If You Work In A Hospital A School Or A College you cannot go on strike which is banned by the Hospitals and other Institutions Bill, passed by Rajya Sabha in April 1988.

“Three new bills have been introduced by the Rajiv Government to keep your mouths shut.”

If You Are A Policeman…

do not think that you can escape the tentacles of the legal octopus. Three new bills have been introduced by the Rajiv Government to keep your mouths shut.

 

The First the Intelligence Organizations (Restriction of Rights), Bill was passed on August 26, 1985. If you are a member of IB (Intelligence Bureau) RAW (Research and Analysis wing) and other agencies you are “barred from communicating with the Press, or publishing or causing to be published any book, letter, pamphlet poster or other document except with the prior permission of the head of the Intelligence body.”

You cannot participate in or address any meeting or take part in any demonstration organized by anybody of persons for any political purpose or for such other purposes as any be proscribed.

If you violate these rules you can be punished with imprisonment for a term which may extend to two years or with a fine which may extend to Rs 2000 or both.

You can be jailed even for talking to your friends or

“If you are a soldier you can be called upon to shoot your fellow citizens”

relatives about functioning structure, personal or organizational affairs of the intelligence organizations. The law bars you from contacting or communicating on these matters with any person except for purposes of official duty.

‘The other is the National Security Guard Bill which was passed on August 20, 1986. It provides for the establishment of a new paramilitary force called the National Security Guard to deal with terrorist activities in various states.

If you are a member of the force, your fundamental right Constitution remedies like the right to move the Supreme Court stands restricted and abrogated,

The latest bill Special Protection Group (SPG) Bill introduced in May 1988 prevents you if you are a member of the SPG from joining any organization or speaking to the press about your grievances.

“We have taken up the cause of suppressed sections of the world. We have demonstrated that our voice is that of balance, tolerance compassion, truth and nonviolence.” Rajiv Gandhi’s speech from the ramparts of Red Fort on the occasion of Independence Day, August 15, 1987.

If You Are A Jawan…

you have been trained and you are expected to protect the nation’s borders from its enemies. But you can be called up any moment to shoot upon your fellow citizens in Nagaland, Andhra Pradesh, Tripura and wherever the Rajiv Gandhi government wants to suppress the mounting discontent of the people.

You can be summoned to go to some other country and shoot down innocent citizens there as right now

“Whose war you fighting in Sri Lanka? Do the Tamils who are facing your bullets there, regard you as a “peace keeping force” or as an “occupational army?”

50,000 of your colleagues in the guise of the Indian Peace Keeping Force (IPKF) are doing in Sri Lanka. Over 400 of your men have already lost their lives there while fighting the Liberation Tigers of Tamil Eelam (LTTE) and about 1,300 are lying injured. (Defense Minister K.C. Pant’s statement in the Rajya Sabha on April 28, 1988).

Whose war you fighting in Sri Lanka? Do the Tamils who are facing your bullets there, regard you as a “peace keeping force” or as an “occupation army.?”

If you are arrested …

under NSA, you can be detained for an indefinite period.

You should be informed of the grounds of your detention within ten days of your arrest at the most; but the authorities are not bound to disclose the facts if they consider it to be against public interest to disclose. (8.2) Thus you may be in complete darkness as to the reasons for your detention.

You are not allowed to have a lawyer to represent your case. (11.4) You can appeal to an Advisory Board set up by the government. The Board shall consist of three persons who are, or have been or are qualified to be appointed as Judges of a High Court (912). One of the members who is, or has been a judge of a High Court shall be its chairman. (93) Where there is a difference of opinion among the members of the Board, the: ‘opinion of the majority of such members shall be deemed to be the opinion of the Board (11.3).

It is on the recommendation of the Advisory Board that the government can either revoke your detention order, or confirm it. Thus, the composition’ of the three member Board isan important factor which decides your case. Let us try to understand the implications: ‘of the composition of the Board as provided by NSA. The three members only need to be qualified to be appointed as High Court Judges for membership of the Board. According to the Constitutional! Article 217 (b) one of the qualifications for appointments a High Court Judge is at least 10 years’ experience as a High Court advocate. Thus, any two High Court advocates with 10 years’ experience each, can be appointed members of the ‘Advisory Board. Nothing prevents the government from appointing its own public prosecutors as the members of the Board.

This regular feature is being brought to you by: World Sikh Organization U.S.A

Article extracted from this publication >>  April 14, 1989