Freedom of Expression and UAPA
Union Home Minister P Chidambaram’s statement on using provisions of the Unlawful Activities Prevention Act evoked sharp criticism from civil liberties organisations, both national and international
Statements from CDRO (Coordination Committee of Democratic Organisations) and Human Rights Watch
The CDRO statement:
Draconian UAPA against freedom of expression
The most recent alert (regarding use of section 39, UAPA) issued by the government in so called public interest has brought out in the open what had so far been implicit in its anti-Maoist policy. The purpose of the circular is to intimidate voices of protests and dissent over government policies, particularly Operation Green Hunt. The statement criminalizes dissent and makes a mockery of the spirit of critical inquiry which is at the foundation of a strong democracy. As members of civil rights groups we consider the statement as an attack on civil society and reminiscent of the Emergency era.
The contents of the circular show complete disregard of the concerns expressed by Supreme Court when it rebuked the Chhattisgarh government for labelling human rights activists and legitimate activities as sympathetic to naxals, or the more recent concerns expressed by the Chief Justice over the governments war against its own people. It is not surprising that the government has also chosen to ignore the sympathetic and undoubtedly saner voices in its own ranks, which have a different perspective on addressing the problem.
We condemn the governments threat to use extraordinary draconian laws such as UAPA to constrain freedom of expression and free and informed debate on issues which are of crucial importance for the country. We further condemn the government for targeting political and civil rights groups who are doing no more than carrying out their democratic responsibility of ensuring equal protection of the Constitution to all sections of society.
Click here to read the entire statement
The Human Rights Watch statement:
Warnings to Civil Society a Threat to Fundamental Freedoms
May 7, 2010
(New York) - The Indian government should not equate peaceful political speech with criminal acts while conducting its operations against armed Maoist groups, Human Rights Watch said today.
The Indian government appears to have threatened to curb the right to freedom of expression by treating it as equivalent to providing material or physical support for criminal acts by the proscribed Communist Party of India (Maoist), also known as Naxalites, which the government has banned.
"The Indian government should think twice before trying to silence political discussion and demanding endorsement of its views on Maoist groups," said Brad Adams, Asia director at Human Rights Watch. "The recent views expressed by the Indian government against so-called sympathizers could be understood as carte blanche by local authorities to harass and arrest critics of Indian government policy."
........."The Indian government is well aware that security operations often result in increased rights abuses," Adams said. "An active and fearless civil society that monitors abuses by both sides is crucial to ensure the protection of civilians. Threats to civil society have no place in a democracy."
Click here to read the entire statement
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