-S.S. Mahil

Although the recent Punjab Legislative Assembly's session lasted only a few hours, it certainly had its own kind of historical importance.  Not because Punjab Congress leader, Capt. Amrinder Singh, was allowed to attend the proceedings of the Legislative Assembly after the court rejected the case of suspension against him. Nor because the present dispute in the Badal family, in which the former Finance Minister, Manpreet Singh Badal, advocated that Punjab Government should accept the conditions of the Centre as the Centre would then waive off Punjab’s debt, whereas Sukhbir Singh strongly condemned all the conditions imposed by the Centre, had its beginning in this session. But this session is significant because the state’s Home Minister presented two bills which were promptly passed by the Legislative Assembly. Consequently, this session shall be considered as a dark chapter in the history of the Legislative and these bills may have disastrous implications for the future of Punjab.

The tussle between Manpreet and Sukhbir took all the coverage in the media. This tussle created a kind of environment in which it seemed as if debt on Punjab and the issue of subsidies are the sole issues of Punjab. The presentation was such that it looked as though Manpreet was in favour of withdrawing the subsidies whereas Sukhbir was for continuing them. However, the truth is that both are on the way to eliminate   subsidies. The tragedy is that the media has been portraying that Manpreet Singh's policies are anti-people whereas Sukhbir Singh's policies are pro-people. But a cursory look at the two bills makes it clear whether Sukhbir's policies are pro-people or anti-people. It is not only Manpreet who voted for the bills but even the Congress supported it by staging walk-out. The challenge of criticizing and opposing the bills is on the shoulders of revolutionary, democratic and toiling people who have to bear the brunt of these bills in everyday life.

Onslaught on Democratic Rights

Though democracy in India is formal and democratic rights are nominal but government has made preparation to smash whatever democratic rights are there. Section 19 of Indian constitution enshrines fundamental rights. Sub-section A of article 19 of constitution provides the right to freedom of speech and expression. But “Punjab prevention of damage to public and private property Act 2010” simply finishes off this right.

 Sub-section 1of the section 3 the above mentioned bill says "If someone wants to organize peaceful protest or demonstration, s/he should first get permission from the district Magistrate or Commissioner".  Sub-section 2 of the same section says that the district Magistrate or the Commissioner has complete authority to reject or grant this permission.  Sub-section 4 says that if the permission has been granted then the Inspector who will be in charge of monitoring the demonstration, will define the conditions of demonstration. Nobody shall be allowed to carry knives, sticks or other such “weapons”. The organizers will have to submit a written statement that the demonstration will be peaceful and will deploy their marshals at the sensitive places. Let's see the probable implications of this section.

Previously, the provision was that if there is a law & order problem, then the District Magistrate could issue an order, by imposing section 144, that not more than 5 persons are allowed to come together. In such situations, one was required to take permission from the district Magistrate to stage any kind of protest. According to this bill, no demonstration or protest can be organized unless one is permitted even if there is a peaceful environment and normal conditions prevail and even if there has been no imposition of section 144. This section does not distinguish between the characters of processions, that is, whether it is religious, political, cultural or by a mass-organization. Everyone needs to take permission first. This bill doesn't even distinguish between the organizers of the demonstrations or processions; it can be a political party, a mass-organization, an individual group, everybody needs permission.

After filing the application for permission, it is entirely the prerogative of the Magistrate whether s/he grants the permission or not. There is no mentioning of any criteria in the bill under which s/he could refuse the permission. No clearcut  grounds on the basis of which permission can be refused are specified. On the whole, it is up to the personal will of the Magistrate or the Commissioner whether s/he wants to grant the permission or not. In this way, we can see that the pomp and show of fundamental rights has been placed under the jackboot of a district Magistrate or a police Commissioner. When the district Magistrate refuses to give permission, what option is left for the organizers? According to the Bill, they can file a petition to the Punjab Government.  How much time can the Punjab Government take to respond to this appeal?  There is no time-limit in the bill. This means that if the permission has been refused, one is supposed to keep visiting the office of minister and secretaries for the rest of one’s  life. This way we can see that no demonstration or protest is possible without the blessing of a district Magistrate or Commissioner. Everybody knows that the permission by the district Magistrate depends on S.S.P.  In this way, the fundamental rights given under Article 19 are chained like a dog at the office-door of an S.S.P.

If the commissioner or S.S.P wishes so, then s/he is supposed to inform the organizers under  sub-section 3 of section 3.  The part 'A' of sub-section 4 of the section 3 states that organizers would meet the concerned police officer who will tell them the route and the conditions to keep the demonstration peaceful. For example, these conditions can be like: how many numbers of men and women are supposed to participate in the demonstration? What kind of slogans shall be allowed to be raised? This means that no slogans that are explicitly against the police or the government will be permitted.  In this manner, even if you get the permission, you can only hold a peace march, not a protest march. The part 'B' of sub-section 4 states that one is not allowed to carry not only the weapons like knife but also sticks of wood. This is also dangerous in the eyes of government. This means that you need to carry the flags, banners or play-cards only in your hands, not in the sticks. In spite of all this the organizers have to submit a written undertaking that the march will be peaceful.

Earlier, the police used to videograph the demonstrations illegally. Now it has been made mandatory and legal. If there is some kind of damage to the public or private property during the demonstrations, the organizers will be penalized with a fine of Rs 20,000/- and three-year imprisonment. If the demonstration was held without permission, then one can be penalized with five year imprisonment and a fine of Rs 30,000/-. Apart from this, the compensation for the damage done to the property will be borne by the organizers. How is property defined? The category 'G' and 'F' of section number 2 states "any kind of moveable and immovable property". This means that if the railing of the road or even a thing like someone's cycle gets damaged, then one can be punished severely. All these sections can also be applied to those who climb to the public water-tanks or block roads and railway tracks to stage protest.

Previously in such cases, it was difficult to file any kind of charge against anybody because the demonstrators used to be in large number, with a lot of people participating in it. According to the sub-section 'E' of section 2, the organizer may also be "the person, an individual group, a party organization's office-bearers who make arrangements, provokes, gives advises, conspires or directs" whether they were present at the site or not, they will be considered responsible for all kinds of on-site trouble. In this way, the framework to engage the leadership of the party who is demonstrating, especially provincial leadership in criminal cases has been designed.

This bill states that all cases will be non-bailable. The police will not accept the bail until the prosecutor's lawyer has been a given chance to oppose the petition for bail in the court.

Preparation for a large-scale attack on people’s movement

Another bill named “Punjab special security group Bill-2010” was also passed in this session. The purpose of the bill is to form a special and highly skilled and trained force, named special security group. According to the section 3 of this bill persons “from Punjab police and Central forces allotted to Punjab” shall be recruited in this force. Force shall be headed by a director appointed by the DGP of Punjab. D.G.P. shall prepare the rules for this force.

Why is this force to be formed? Section 4 of this bill explains this. “There shall be an armed force of State of Punjab, to be called special Security Group, for combating anti-national forces and for providing proximate security to the highly threatened persons and their immediate family members.” (Section 4, part 1) This bill has twin aims, one is to “provide proximate security to the highly threatened persons and their family members” and the second is to “combat anti-national forces.”

Now if we know which are the anti-national forces according to this bill, the purpose of bill will be amply clear. According to section one, sub-section B, “anti-national forces means any person or organization or association of persons, which for its object does any unlawful activity, or which encourages or aids persons to undertake any unlawful activity or of which the members undertake such activity.” This is very dangerous and mischievous. Any organization or person accused of any unlawful activity can be termed as anti-national. For example if an organization violates section 144 or stages march or demonstration without permission it can be branded as anti-national. Not only that, persons accused of minor offences or anyone implicated in a false case, can be declared anti-national.

Second dangerous aspect of this section is that not only a party or organization but if its members are accused of any unlawful act, the whole party or organization can be declared anti-national and this force can be unleashed against that. It implies that an ordinary police-man is given the right to brand anybody as anti-national. In this way this highly trained and skilled force can be unleashed to crush any party or organization. This is a preparation for large scale attack on the people’s movement, specially revolutionary mass-movement.

Legal Private Army

We are familiar with the private armies in state like Bihar, but those were illegal formations. In Punjab Task-force of SGPC is such a force. This task force attacked tenant-peasants in village Khanna Chamara (Gurdaspur) to dispossess them from endowment land and killed two peasants in firing. This bill arranges to legally and with public money raise such a force which can be used for personal interests.

This will be used for whose personal interest? Bill say that those people and their family members who are highly threatened. Who will decide whether a particular person is really a “highly threatened” person? It will be decided by a committee formed by the govt. Who can be appointed to this committee? What are the qualifications required for the membership of this committee and what will be the disqualifications? Nothing is specified in the bill. This means that appointments to the committee depend entirely on the sweet will of the govt. Government will appoint its favourites to the committee. Another question is on what basis threat is to be determined? What will be the circumstance and conditions on the basis of which committee will decide that a particular person in highly threatened? Whether one is really threatened or not? Bill contains nothing on this count. It means that it depends upon the subjective wish of the committee. It implies that formation of committee and determination of threat depends upon the unbridled will of the govt. Essence of the matter is that govt. can provide this private army to anyone it wishes, only thing is that it has to go through a specific procedure.

So many politicians, MLAs and MPs are acting as mafia-dons these days. Many politicians with rural background are land-mafia and sand mafia. Important ministers and their hirelings belonging to Gurdaspur district are forcibly and illegally occupying the govt. land, Nazool land, endowment land, Panchayat land and village common lands under the cultivation of tenant peasants. Similar is the case in Amritsar where important Akali leaders are land-mafia. A big leader and close relative of Badal family is the patron of sand-mafia. They are pitted against peasantry. They have their goonda-gangs, including known criminals. Similarly big private transporters, biggest among them is Parkash Singh-Sukhbir Singh Badals, also employ goonda-gangs who beat free-pass holders, specially students, to force them to buy ticket. These mafia gangs are employed by the leaders of all ruling-class parties, corporate sector too employ mafia. Because all these mafia-gangs are illegal due to pressure of people’s struggles, tables are turned against these politicians-mafia.

Now with this, a force is to be formed legally, which can be used by the mafia under govt. patronage. Only thing government is to do is that they are to be declared ‘highly threatened persons’ by its committee.

Super-Government

Special security group is not an ordinary force. It is provided with the status of a super govt. It has been made mandatory for all the govt. departments, boards, corporations and their employees to assist this force and follow its directions. According to the section 12 of this bill, “It shall be the duty of every ministry and department of the government, every local or other authority, to act in the aid of the director or any member of the group, wherever called upon to do so, in furtherance of the duties and responsibilities assigned to such director or member as the case may be.” Thus section 12 of the bill places them in position of super-government as it can ask every officer and employee of govt. to obey its diktats. Section 13 makes the orders of this force mandatory. “if any officer or official is found guilty of committing any omission and commission in contravening the provisions of this act, he shall be punishable under the provisions of the Punjab Civil Services (punishment and appeal) rules, 1970 or any other relevant service rulers.” (PSSG Act, section 13)

In simple terms this bill has put the whole government machinery at the command of this force, not only at the director’s command, but also of any ordinary constable of this force. It means that ordinary constable of this force can make Tehsildar (Revenue Officer) or SDM (Sub-divisional Magistrate) stand in the chowk to control the traffic so that mafia-don can safely pass by, can force the professors to make a security ring around a mafia-don, can put the deputy commissioner on his toes. The  Act has made this force a super-government; this will not be governance but a jungle-raj, a police state of fascist nature.

Imposition of AFSPA under civil-rule

Armed Forces Special Powers Act is in eye of controversies in the country. It is a draconian law which all the democratic forces are opposing. Recently Kashmir witnessed a militant mass-uprising just akin to Palestinian intifada. People faced armed forces armed from head to toe empty handed and with stones and hundreds of people lost their lives. Their main demand was repeal of AFSPA and withdrawal of armed forces. AFSPA attracted indignation at world level after the case of Iron Sharmila of Manipur. Punjab govt. has brought the essence of AFSPA, through this bill.

According to Armed forces special powers act even non-commissioned officer of army can act which included search without warrants and even can shoot and kill anyone, but will be immune from judicial process. This act is a license to kill, rape and loot. Badal father-son duo has enacted a similar anti-people and draconian law. According to the section 14 of PSSG Act “No suit, prosecution or other legal proceedings shall lie against the group or any member thereof on whom powers have been conferred or duties have been imposed under this act, or any order issued are any rule or regulation made thereunder for anything, which in good faith done or purported to be done or committed or ommited to be done in pursuance of this act or any order issued or any rule and regulation made there under or any order under any such rule or regulation, as the case may be.” (PSSGA, section 14) It implies that if any person is accused of any illegal activity, say for example, violation of section 144, he can he termed as anti-national and if any constable of SSG shoots and kills him, then that killer cannot be prosecuted. If some one on some issue opposes some mafia-don, he can be killed by saying that don was facing threat from him and killer will go scot free.

Constitution of India is supposed to have granted some fundamental rights. Right to life is the most fundamental of fundamental rights. But under this bill, this most fundamental right is left to the mercy of an ordinary constable who can trample it under his feet whenever he wishes so.

AFSPA gives the right to kill only to military but this bill provides this right to the ordinary constabulary. AFSPA can be used only in those areas where army is deployed but PSSGA gives the license to kill in ordinary conditions, without the deployment of army and under civil rule.

For strangulation of Scientific Thought

Above we have discussed the motive and implication of two bills passed by Punjab legislative assembly. Apart from this Punjab Vidhan Sabha has adopted an amendment to the Indian Penal Code. A new section, 295-A has been added to the section 295 of IPC. This new section says that “whoever with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India, by words either spoken and or written or by signs or by visible representation or otherwise insults or attempts to insult the religious feelings or the religious beliefs of that class, shall be punished with imprisonment for a term which shall not be less than three years, but which may extend to ten years and shall be liable to fine”. It may not seem but it is very dangerous amendment.

In the ‘Statement of objective and reasons’ home minister Sukhbir Singh Badal said, “In the recent past, publication in newspaper, textbooks causing disharmony, feelings of hatred between different religious, racial, language or regional groups or caste or communities have been reported. There is an urgent need to curb these kinds of incidents.” From the text of this amendment it may seem that it is for maintenance of communal, caste or regional etc. harmony but its real purpose is to strangulate  scientific thought.

History of Sikh movement and basic tenets of Sikhism has been largely distorted to suit the political needs of various Akali groups, specially to the needs of ruling Akali Dal. Any objective and scientific debate about Sikh history and tenets of Sikhism will be strangulated. This will strangulate the interpretation of progressive aspects of Sikhism it is directed against rationalism and also against the exposure of mystic-trash.

In the past Bajrang Dal a sister organization of ruling BJP has been disturbing congregations of Christians, saying that they hurt their feelings. This act will legalize these hoodlums. This will also be utilized against the Dalit assertion for their separate identity as having and installing their separate granth of Sh. Guru Ravidas. This may also be used against the struggle of migrant labourers branding it as danger to racial harmony. It may also be used against small sects whose followers are mainly dalits.

A similar amendment has been made in the section 153 of Indian Penal Code.

These amendments are a big below to the freedom of speech and expression. It will also be directed against progressive and revolutionary writings.

Political background

Sometime back, DGP Punjab has been giving statement that Naxlites and Maoists are becoming active, they have built certain committees, 300 underground Naxalites are organizing the movement, Maoist movement has three stages of development and in Punjab Naxalites have already completed the second stage and they are working under the facade of mass organizations. He has been talking about khalistani terrorism too. At that time we said that ground is being prepared for the creation of a police-state. With these legislations our apprehensions have come true.

In the last decade of 20th century, Congress govt. brought the policies of globalization, privatization and liberalization as dictated by the imperialists. All the successive govts. have been zealously implementing these policies. With this, natural resources of country, land, mines, water sources and forests are being handed over to the foreign and Indian corporates. They are displacing the peasants, tribals and other people. Govt. is withdrawing from the social sectors. As a result of this education, health, transport etc. have become very costly. Education and quality health care has gone out of the reach of toiling people. So-called growth of economy is jobless-growth. Casualization and contractualization is in vouge. Recruitment in govt. services is becoming a thing of past. Job programmes like MNREGA are fountainhead of corruption. In this situation more and more people are coming on the streets.

Punjab is an agrarian state. In mid sixties imperialists imposed their model of development in the name of green-revolution, which was not suitable to the ground realities of Punjab. 80% peasantry of Punjab has small or marginal holdings. This model of development led to over mechanization, over utilization of land and water and over application of fertilizer and pesticides and weedicides. This has resulted in the depletion of water table, degradation of soil health and pollution of water, soil and air with various types of poisonous substances. Rising prices of inputs in comparison to price of agriculture produce and need of applying more chemical to maintain the level of output have led to enormous rise of cost of production, further resulting in indebtedness and the crisis of peasantry. On the other hand it had rendered a large number of labourers as surplus. This was to be absorbed by industry. But in Punjab industry has not flourished. Apart from that, decade long khalistani terrorism and concessions available in the neighbouring states has led to the outward migration of industry. In the context of new economic policy and due to above factors a process of deindustrialization has been fast. With inward migration of cheap labour a large mass of toilers is put on not only stagnant but crisis ridden economy.

With the new economic policies and development model of Punjab economy, Punjab is facing a serious crisis with many dimensions. Workers, peasants, agricultural labourers, students, employees and other sections of people are left with no option but to plunge into struggle. Peasants, agricultural labourers, workers, students, employees and others have fought many struggles. Punjab govt. many a time resorted to lathi charge, arrests in false cases, deployment of para-military forces and created a curfew like situation throughout Punjab and even resorted to firing in a few cases. On other hand Punjab wittnessed a Dalit uprising after the murder of Sant Rama Nand in Vienna. Migrant labourers came on street in large number in Ludhiana, Shaheed Bhagat Singh Nagar and Jalandhar against their harassment, exploitation and discrimination. Thus two types of struggles have occupied the scene of Punjab, one is class struggle and the second is struggle for identity. These legislations are aimed at suppressing these struggles.

Govt. has not tried to conceal its motive either. Home Minister Sukhbir Singh Badal in the statement of objective reason of PSSGA said, “Accordingly a need was felt to frame legislation to provide for the constitution and regulation of an armed force in the state of Punjab for combating terrorist activities and Naxal activities and with a view to provide proximate security to the highly threatened person(s) and their family members. So it is necessary to enact “The special security group act 2010.” Introducing the other bill S.S. Badal in statement said, “In the recent past, there had been many incidents of violent demonstrations, agitations and damage to the public and private property ...... It is imperative to provide, severe punishment to the people guilty of damaging public and private property during such incidents so that not only it is deterrent for the miscreants to participate in such agitations and demonstrations and cause damage to public and private property, but also to recover the damages on account of this from them.”

It is very clear from these legislations that these have been enacted to suppress the people’s movement specially revolutionary movement and communist revolutionary forces. Punjab is invariably moving toward a police state of fascist type.

We call upon the communist revolutionary forces to take initiative to build a broadest possible front of revolutionary, democratic, patriotic and all those forces who are willing to fight against this fascistic move of state govt. Let us rise, unite and fight against these black laws and consign them to the dustbin of history.