May 4th 2024.
Parliament, the governing body of our country, has a crucial role in creating laws for the betterment of our society. When we, the people, elect representatives to the Lok Sabha, we are essentially choosing who will be responsible for drafting and passing these laws. However, in recent times, there has been a concerning trend of laws being passed without any debate or discussion, both at the Union and state levels. This means that if a particular party holds the majority and has a specific ideology, they can easily pass laws without any opposition. As we prepare to elect new representatives for the next five years, it's essential to reflect upon the laws and amendments that have been introduced in the past decade.
Let's take a closer look at some of these laws and amendments that have been passed in recent years. The Right to Information Act of 2019 gives the Union the power to decide the salaries and working conditions of information commissioners at both the Union and state levels. This amendment also allows for commissioners to be appointed on arbitrary terms and receive varying salaries, instead of having fixed terms. This has resulted in a decline in India's ranking in the global RTI ratings, dropping from second place in 2014 to 9th place.
The Unlawful Activities Amendment Act of 2019 is another concerning law that has been passed. Previously, only organizations could be classified as "terrorist" under the UAPA. However, this amendment now allows the state to label individuals as "terrorists," even if they have no affiliation with any of the 36 terrorist organizations mentioned in the law. This means that individuals can be jailed without any solid evidence or reason.
In 2022, the Karnataka Education Act Order was passed, which banned Muslim women and girls from covering their heads in schools and colleges with uniforms. Even in institutions without a prescribed uniform, Muslim women were prohibited from covering their heads. This was justified under the pretense of maintaining equality, integrity, and public order. It's worth noting that this order did not apply to Sikh women.
The Maharashtra Animal Preservation Act of 2015 is another law that has raised concerns. After the Prime Minister's speeches against what he called the "pink revolution," which referred to the beef industry, there was a rise in laws criminalizing the possession of beef. This led to a series of violent attacks, known as "beef lynchings," against individuals suspected of consuming or possessing beef. Under this law, even possessing a beef sandwich could result in a five-year jail sentence. This has set a precedent for other BJP-led states to introduce similar laws.
In 2015, the Haryana Gauvansh Sanrakshan and Gausamvardhan Act was passed, making possession of beef punishable by up to five years in jail. The burden of proof is on the accused, and there is no room for appeal. Similarly, the Gujarat Animal Preservation Act of 2017 extended the punishment for cow slaughter to life imprisonment, equating it with murder. This is a severe punishment, considering that no other economic crime attracts life imprisonment.
In the aftermath of the CAA protests, the Uttar Pradesh Recovery of Damage to Public and Private Property Act of 2020 was enacted. This law gives the government the power to set up tribunals to determine damages to any public or private property due to riots, hartals, bandhs, protests, or public processions. The decisions made by these tribunals are final and cannot be appealed in court. This raises concerns about the government's unchecked power to suppress dissent and protest.
The Uttarakhand Freedom of Religion Act of 2018 criminalizes marriages between Hindus and Muslims if conversion is involved. However, if a person reverts to their ancestral religion, this will not be considered conversion. Furthermore, anyone who changes their faith without government permission and approval, after a police inquiry, can face imprisonment. Similar laws were passed in other BJP-led states, such as Himachal Pradesh, Uttar Pradesh, Madhya Pradesh, Gujarat, Karnataka, and Haryana.
In 2017, the Temporary Suspension of Telecom Services Rules was passed, giving the Union and state governments the power to suspend mobile and internet services for any reason. This has led to India being the world leader in internet shutdowns, accounting for a majority of global shutdowns in recent years.
The Gujarat Prohibition of Transfer of Immovable Property and Provision for Protection of Tenants from Eviction from Disturbed Areas Act of 2019 Amendment is another concerning law that bans Hindus and Muslims from buying or renting properties from each other without government permission. The government has the authority to determine if the sale of a property would lead to "polarization" or "improper clustering" of people from a particular religion. This law has also given the government the power to undo property transactions, even without the consent of the buyer and seller. This means that foreigners can lease or buy property in parts of Gujarat where Indian Muslims are not allowed.
It's important to note that some of these laws have remained in effect even after the ruling party has been unseated. These laws have a long-term impact and have influenced the mindset of the police, bureaucrats, and judiciary. They are a reflection of the type of society India has become and give us a glimpse into what we can expect in the future after this election comes to an end.
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