| Irrespective of their political differences, governments led by the BJP, Congress, and Left parties are misusing the provisions of unlawful activities (Prevention) Act PSA, NSA, UAPA, AFSPA are known as the draconian laws of India to quell public dissent. These laws Public Safety Act (PSA), National Security Act (NSA), AFSPA and Unlawful Activities Prevention Act (UAPA) are often criticized for their broad powers of preventive detention, allowing for prolonged detention without trial and the potential misuse against human rights defenders, journalists, and activists rather than actual threats to national security. While intended to address serious threats, these laws are seen as draconian and can stifle dissent, violate constitutional rights to liberty and fair trial, and disproportionately target marginalized communities. Public Safety Act is primarily used in Jammu and Kashmir for preventive detention to address threats to public safety. As per this draconian law authorities can detain individuals for up to two years based on suspicion rather than concrete evidence. This law is often used against political dissidents, journalists, and human rights defenders, who are critics of govt leading to prolonged detentions without trial. National Security Act also allows for preventive detention in cases involving actual threats to national security. Critics acuused it is also be used for prolonged detention without trial to settle personal score. There are concerns about its overlap with other laws like the PSA, compounding negative human rights consequences. Historically, it has been used against individuals for actions that are perceived to cause public outrage rather than national security threats. Unlawful Activities Prevention Act India’s main anti-terrorist law, used to counter terrorism and related activities. The UAPA law too is used to target human rights defenders and stifle critical voices, creating a chilling effect on civil society. The act includes high thresholds for granting bail, leading to long detentions without trial and placing a heavy burden of proof on the accused. All three have been described as a draconian laws that undermines basic procedural safeguards for defendants and can be exploited to repress legitimate dissent. In recent times, the UAPA and other anti-terror laws have been used against journalists, university students, mainstream politicians and others, all in the name of maintaining law and order across the country. In 2019 alone, as many as 255 cases were registered in Jammu and Kashmir under the UAPA as per a report compiled by the National Crime Records Bureau . It said that in 2019, Jammu and Kashmir saw the third highest number of cases registered under UAPA after Manipur 306 and Tamil Nadu 270. However, given the fact that there were also a substantive number of cases registered under the PSA, the arbitrariness with which anti-terror laws are being invoked in the Union Territory is unparalleled. In 1961, then prime minister Jawaharlal Nehru convened a National Integration Conference to find ways to combat communalism, casteism, regionalism, linguistic chauvinism etc. A National Integration Council was set up to recommend on matters of national integration. Thereafter, the Unlawful Activities (Prevention) Bill was introduced in 1966. It was purported to deal with associations engaged in secessionist activities directed against the integrity and sovereignty of the nation. It provided for the setting up a high-powered tribunal with a sitting or retired high court judge as the chairman and two others who qualified to be high court judges. It was to identify and then outlaw such associations which were indulging in unlawful activities as stated above. Any person who continued unlawful activities and associated himself with the outlawed association was to be tried by the tribunal in terms of Code of Criminal Procedure (CrPC) and could be punished with a sentence of three, seven or ten years. Thus, in nature and substance, the initial law was more akin to a Commissions of Inquiry as a fact-finding body. It’s time for the government to redeem itself and repeal the Draconian laws.The laws over the years has degenerated into a lethal weapon to quell dissent, and has been used by successive governments to legitimise sinister motives.
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