Page 38 - English Tehelka Issue 1&2

Opposition parties cry

foul as UP govt proposes

draconian law

Emulating Maharashtra’s dreaded MCOCA, the UP government’s proposed UPCOC Bill has raised
red flags over attempted normalisation of human rights violations and going against stipulated
Central laws in the name of preventing organised crime, writes mudit mathur • Curbing crime The UPCOC Bill is aimed at fighting organised crime, land grabbing, mining activities run by mafias or crime
syndicates in the state

pposition parties in similar lines of the stringent Maha- powers to the police that could nal and political reasons, she said by other enactments legislated by trying to “curb the voices of dissent”.
Uttar Pradesh have rashtra Control of Organised Crime undermine the constitutionally that the UPCOC Bill, if passed, will Parliament. “In addition to other objectionable
raised their voices Act, 1999 (MCOCA). guaranteed basic freedoms to the only worsen the situation. “Laws are The Bill says that whoever con- provisions, shifting the burden of
against a proposed The proposed law was tabled citizens. grossly misused in the state to the spires or attempts to commit or proof from the prosecution to the
O legislation introduced in the UP Assembly on December Terming the proposed UPCOC extent that any BJP worker walks advocates, abets or knowingly facil- accused to prove his or her in -
by Chief Minister Yogi Adityanath, 20 for discussion, after it was ap- Bill as a “draconian law”, former up to a police station and the police itates the commission of an organ- nocence makes the proposed Bill
the Uttar Pradesh Control of Or- proved by the State Cabinet a fort- chief minister and Samajwadi Party register false cases against people,” ised crime or any act preparatory draconian like TADA and POTA,” he
ganised Crime (UPCOC) Bill, 2017, in night before that. It was passed just president Akhilesh Yadav opposed Mayawati alleged in a statement in to organised crime, shall be punish- added.
the lower house during the recently the next day amid pandemonium the Bill on the floor of the legisla- Lucknow, adding that she wanted able with imprisonment for a term Expressing apprehensions about
concluded winter session of the of aggressive protests and walkouts tive council. “It has been brought to that the Bill be withdrawn in public which shall not be less than seven its misuse by bringing the media
state legislature. from the opposition benches. The intimidate leaders of other political interest. years but which may be extended to under the scope of the Act, Shoaib
Though the Bill is aimed at fight- UP government feels the proposed parties… First the CM said law and However, while opposing the life imprisonment along with a fine said, “It is meant not only to per-
ing rising organised crime, land law would give it strong arms to order would improve after encoun- UPCOC Bill brought by the BJP gov- of minimum 15 lakh. secute the opposition but also to
grabbing, mining activities run by combat organised crime but oppo- ters. But it only got worse in the last ernment, Mayawati conveniently Human Rights Advocate Mo- harass media and prevent it from
mafias or crime syndicates in the sition parties have come together nine months. Now they are saying forgot that during her governance hammad Shoaib, chief of Rihai writing about the dark corridors
state, the Opposition feels other- to disapprove it saying that it would UPCOC Bill would improve it. This is the idea of separate legislation of Manch, an organisation that pro- of crime. This is an attempt to put a
wise. It is being apprehended that be wrong to give unbridled blanket just an eye wash to betray the peo- UPCOC Bill was not just mooted but vides legal assistance to people gag on the media. Complicating the
the real intent behind the Bill is to ple as they have miserably failed passed by both the Houses. Later, it from the minority community procedure for the accused to meet
use it selectively as a tool to settle to control crimes and give good could not become law as the then who are falsely implicated in terror relatives and associates is clearly a
political adversaries by way of in- Shifting the governance. Sufficient time of nine President of India did not grant his cases, said that by introducing this violation of his or her basic human
timidating and suppressing voices months has passed but they could assent to such an Act which could “draconian” Bill, the government is rights.”
of dissent and targeting religious burden of not bring the propagated change. abridge fundamental rights under Speaking against opposition to
minorities. proof from the UPCOC Bill is not going to improve the Constitution of India. the UPCOC Bill, a senior govern-
Having passed by the Vidhan law and order,” Yadav said. Some of the crimes defined un- ment spokesperson told Tehelka
Sabha, the Lower House of the bi- prosecution to Bahujan Samaj Party (BSP) su- der the UPCOC Bill are — land grab The proposed that the Bill has enough provisions
cameral state legislature, amid premo and former Chief Minister (government and non-state proper- to check misuse. He said that cases
heavy protests, uproars and boycott the accused to Mayawati too echoed similar views ty), illegal mining, manufacture and law also under the proposed UPCOC Bill
by the Opposition parties, the Bill prove his or her and expressed her apprehensions. sale of illegal drugs and illicit liquor, attempts to gag would be filed only after the ap-
could not sail the test of majority “UPCOC Bill will be used for the bribes, money laundering, wildlife proval of a two-member com -
in the Vidhan Parishad or Upper innocence makes suppression of weaker sections of smuggling, extortion, abduction the media from mittee comprising the Divisional
House as it was referred to the Se- the UPCOC Bill society including Dalits, poor, back- syndicate, hafta collection, contract reporting on the Commissioner and a DIG-rank of-
lect Committee to review its con- ward castes and religious minori- murder, conspiracy to murder and ficer, whereas permission of the IG,
tents before putting it up for pass- draconian like ties,” Mayawati said. Accusing the white-collar offences. It has also dark corridors Zone, will be required before filing
ing as a law. The controversial Bill TADA and POTA Adityanath government of already enlarged the scope of its operation of crime the charge sheet. He also said that
has been prepared by and large on misusing various laws for commu- to cover various offences covered assets would be taken over by the

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