Punjab Govt has passed four anti-people black-laws through its last Assembly session in October, which is awaiting governor's green signal to be put on effect. These laws are nothing but out to silence dissent in the name of combating terrorism where as ironically Punjab has no such threats in reality as the top police officials frequently claim with pride. But the people of Punjab mainly the working class people to whom these laws will have a gravely impact are not the mute spectators. By now it has become clear to them the wicked intention of the capitalist ruling class and the Fascist state to suppress any voice raised against their barbaric atrocities.
On 20th Jan Punjab, mainly Ludhiana has witnessed a huge demonstration against these draconian laws. About 40 different people’s organization consisting of workers, peasants and govt employees jointly took to the streets and raised a militant voice against these laws which also implies that it won’t be easy for the state govt to ultimately put it into effect. In this course they also staged a protest in front of DC’s office in every district. The parties and groups spear heading the demonstration in Ludhiana are Karkhana Mazdoor Union (Factory Worker’s Union), Textile Mazdoor Union and Naojawan Bharat Sabha. The leader of these unions have equivocally warned the govt and administration that if any of the protesters is arrested and tortured while protesting, they will not let the govt go with it and also warned of militant agitation and cordoning of the police stations with millions of workers and laborers if needed. The other groups have also pledged their solidarity with the agitating people of Punjab till the end.
The laws with all its tentacles are as follows.
The Punjab (Prevention of Damage to Public & Private Property) Act – 2010, under this law, the protest demonstrations, marches, rallies etc, without prior permission from the District Magistrate or Police Commissioner is completely banned. Even in case permission is granted, the organizers have to give an undertaking to the concerned SHO, failing which will attract 2 years prison term plus fine. The route and slogans has to be approved by the police while lathis-even for carrying the flags shall be forbidden. The police will be authorized not only to get the rallies, demonstrations etc video-graphed, but will also have the power to get photographs, video-graphs etc from press-persons, which shall be used as an un-rebuttable evidence against the protesters in the courts. If the police complains of a damage to any public or private property by the protesters, in the course of such activity, the protesters shall get five year jail term plus Rs.20,000/- fine and if a damage is alleged to have been caused by fire or explosive substance, the jail term will be raised to seven years including a fine of Rs. 70000/-. An administrative officer shall be appointed as a competent authority to assess the damage and extract the compensation from the organizers of the protest activity. If one can’t or refuse to pay, the amount shall be recovered by auctioning their properties. All the offenses under this Act shall be non-bailable and cognizable by any Head Constable of the police. The onus to prove that they have not caused any damage to public or private property shall be upon the protesters, in view of the video-graphic evidence produced by the police.
Punjab Special Protection Group Act-2010, through this the state is going to constitute an elite armed force, equipped with ultra-modern weapons, gadgets and advanced training, for "combating anti-national forces" and for "providing proximate security to highly threatened persons and their families" to be so declared by the State Govt. The Act also considers any person or organization which violates the above said law as “anti-national”. If one smokes in public or violates any traffic law, he/she will be considered as “anti-national” under this Act and the Special Protection Group will have all the power to proceed against him. Like the Armed Forces Special Power Act, the members of Special Protection Group have been given complete immunity from any civil, criminal or other legal proceedings for the acts done by them in the course of their duty. The State Govt, through a notification shall authorize the extent to which the Special Protection Group can use force in dealing with so called “anti-national” forces or persons. It can be shoot at sight also. As the “highly threatened person” requiring proximate security for himself and his family members is to be designated by the State Govt, it can provide such security to any person who is target of people’s ire or a mass agitation. Reading this Act in conjunction with the provisions of the Punjab (Prevention of Damage to Public & Private Property ) Act-2010, leaves no doubt that this Act is primarily aimed at crushing the people’s struggle through armed forces of the State, operating under complete immunity from any legal action.
Punjab Govt passed two more laws amending S.153-A & 295-A of the Indian Penal Code and some provisions of the Criminal Procedure Code, through which the said offenses have been made non-bailable, triable by Sessions Court and the sentence has been enhanced from 3 years to 10 years. The Court is bound to award a minimum of 3 years sentence in all cases of convictions under these sections. S.295-A deals with offenses against religion, nay the blasphemy. If any one complains that you have injured his religious feelings or insulted his religion, you shall be charged under S.295-A. No anticipatory bail is to be allowed. In Pakistan Penal Code, they have introduced S. 295-C, under which death sentence has been provided for insulting Prophet Mohamed. Akali-BJP Govt has increased the punishment for blasphemy from 2 years imprisonment to 10 years and could be developed further to death sentence. A few months ago dramatist Kirti Kirpal and his entire team was booked under S.295 by Bathinda Police on a complaint by a VHP activist. Mr. Megh Raj Mittar, of Tarksheel Society (Rationalist Society) is also facing a threat to be implicated under this law for having written a scientific article on Cow’s Urine. These laws are also used or misused by the political parties in power to secure their vote-banks.
It is highly shameful for the democratic values to which our politicians so fondly swear that such draconian laws were passed by the Punjab Legislative Assembly within a few minutes, without contesting any debate. The Congress as always being wickedly diplomatic, made a verbal protest and rather walked out to facilitate passage of these bills. No political party worth the name launched any protest against these Acts. Here lies the conspiracy.
Actually the capitalist ruling class is well aware of the fact that due to the economic oppressive policies of market liberalization, globalization and privatisation the working class people are already boiling in anger and frustration as they are chronically being stripped of all their basic rights related to labor, food, home, medical, education, employment etc. Data shows 83% of total Indian population is reeling under Rs 20/day expenditure. They know the situation is in the offing which could ultimately lead to a militant mass agitation against the state and its ruling class. And it is their crooked intelligence which asked them to safeguard themselves and their interests in advance. Hence are these laws, to strengthen army and administration (the most useful state apparatus for oppression) to nip any chance of mass revolt in the bud. I wonder how hard it would be for them to realise in near future that the laws, bullets and batons are not enough to suppress the voice of resistance. It can hardly delay but revolt is inevitable. History too suggests the same.
