Colonial Legacy Of Muzzling Dissent Of The Marginalised

By Anuarg Modi

10 November, 2015
Countercurrents.org

The arrest of a Dalit Folk Singer Kovan, in Tamil Nadu (T.N.) on the charge of sedation under Sections 124-A, and other sections for having written and performed songs criticising the state government of Tamil Nadu and its Chief Minister J Jayalalithaa, is still able to make some issue; but, the otherwise preventive arrest of Dalits and marginalised community in large numbers, has been taken, merely, as a law and order issue and, is largely ignored by media and civil society, a like!. Its continuance of colonial legacy that dissent and marginalised are damned to be detained. Marginalised section of the society is still paying the price of born rebel and, whose livelihood has been criminalised by British and the governments of Independent India turns out to be is no better for them.

Much the same way, while, during the Colonial Rule, the preventive arrests of political prisoners were made into an issue, the preventive arrest, in large numbers, of members of Schedule Tribe, Schedule Cast and Muslim community would pass off as a mere law and order issue.

The Prison Statics, 2014 - on persons detained under preventive arrest - released by National Crime & Record Bureau (NCRB) in September, 2015 tells us: while population of Dalits in India is 16.2%, the persons of these communities kept under preventive arrest without any trial is 38%; of which, around 82% o are languishing in the jails of T. N and 9% in Gujarat; while, their population share in these states to All India population is merely 7.11% and 2.11 respectively.. This also tells us, what it means by good governance - for which former Chief Minister of Gujarat Narendra Modi and Tamil Nadu Chief Minister J Jayalalithaa are often been praised. Dalit is not the only community; Muslims and Adivasi population meet the similar fate in these states.
Though, the, population percentage of Schedule Tribe, Schedule Cast and Muslim is around 37.8%, in India, persons belonging to these communities detained under preventive arrests in jails are around 64% - of these, 60% are in Tamil Nadu and 20% are in Gujarat. If we go by their respective state population: Gujarat having 31 % and Tamil Nadu having 38% of their population belonging to these communities, but the persons of these communities detained in their jail’s are 66.83% and 65.48% respectively. The total persons detained in Jails in Gujarat are 594 of which 397 are of SC, ST & Muslim communities; while in Tamil Nadu out of 2055 persons detained, 1239 are of these communities. Whereas, state like Jammu and Kashmir affected by terrorism has total 35 detenues (all Muslims; the Naxal affected Chhattisgarh has over all 1 person under preventive detention. As, they prefer arresting them under various sections of IPC and lodging them in jails.

If we take persons released from preventive detention during 2014 into account – of total 6716 persons released 5417 were from T. N. And Gujarat: Gujarat released 2558 persons of which 594 after completion of detention and; Tamil Nadu released 2915 persons of which 134 on completion of detention. Though, cast and religion wise data of persons so released is not available, but if cast and religion data of persons already detained in jail is of any indicators, it shows that out of these majority detained and realised during the year 2014 would be of these communities.

National Crime Record Bureau’s (NCRB) prison statistics on preventive detenue, which are available from 1995 to 2013, would make it ample clear that with the anointment of BJP government in Gujarat - in 1998 – the misuse of preventive dentition law was constantly on the rise against members of Muslim, SC and ST community: in 1997 there were total 267 detenue, and in 1998 it rose to 426 - with 30% of them from Muslim, SC and ST community; which, by 2000, rose to 76 % and in 2002 and 2003, the figure was 68% and 65%, respectively.

The only other states with equally, or even had higher numbers of preventive detenue, has been Tamil Nadu - together, they have always topped the list. The only difference being, in Tamil Nadu it the high numbers of detenue reported from 1995; since when the data is available.

This explains, how disguised colonial laws (provisions of colonial preventive laws reframed by Central and various state governments into new laws) of preventive arrests are used to not only silence the political dissent; but, to detain members of, Schedule Tribe, Schedule Cast and Muslim community in jail with no one having made the issues of it; not more than, just publishing some figures as a rituals when NCRB releases its data in September\October every year.

Preventive Arrests Acts:

The Goondas Act, first enacted in 1923 in Bengal, too, continue to holds its ground. In August 2014, the much criticised Goondas Act was amended by Tamil Nadu, allowing police to detain suspects in prison for up to a year even when only a single offence has been committed. Despite being rejected in the past - in 2004 and 2008 by the then Presidents AJP Abdul Kalam and Pratibha Pati - , the Gujarat government has, also, once again passed the stringent “Gujarat Control of Terrorism and Organised Crime (GUJTOC)’ bill, which among things allows law enforcement agencies to tap telephones, make confessions made before the police admissible in court and detain suspects in cases for longer. The GUJCOC bill is said to be on the lines of the Maharashtra Control of Organised Crime Act (MCOCA).

Though, The Gujarat alread has Prevention of Anti-Social Activities Act; the Tamil Nadu has Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum-Grabbers, Act, better known as the Goondas Act; which they often use for preventive arrest. The other laws are: Central administrative detention laws include the National Security Act and the Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act. State laws include the Jammu and Kashmir Public Safety Act, , and the Karnataka Prevention of Dangerous Activities Act (popularly known as the 'Goondas Act'). The J&K Public Safety Act, 1978. Periods of possible detention under state laws range from six months to two years. Authorities can impose preventive detention for a range of activities in different states, including bootlegging, land-grabbing and even video piracy.

Colonial History of Preventive laws:

British introduced Section 124A, which prescribed life imprisonment for the “crime” of sedition. It defined sedition as an attempt to excite “disaffection towards the government established by law” and this was used against Bal Gangadhar Tilak, Mahatma Gandhi, Annie Besant and others. Gandhi in his defence statement in court said, “Section 124 A under which I am happily charged is perhaps the prince among the political sections of the IPC designed to suppress the liberty of the citizen. Affection cannot be manufactured or regulated by the law.” History proved him right. Section 124A did not succeed in gaining any affection of the Indian people for the British Crown. British also had Defence of India Act 1915 to imprison political activists even before they committed any offence. The Rowlatt Act designed to suppress revolutionaries; during the Quit India movement, the British introduced Armed Forces (Special Powers) Ordinance, 1942.

Members of tribes belonging to Schedule Tribe, Schedule Cast and Muslim community formed the major force of every Indian King from Maharana Partap to Shivaji; and up to the last Maratha rulers. They also rebelled against British; the British made worst inhuman rule of preventive arrest then one for the other political rebel; in 1871 passed the Criminal tribe, Act, 1871 by which any tribe/community could have been notified as criminal tribe by virtue their livelihood and otherwise - around 150 of these tribe, had been notified as criminal of this act. The entire members of the community living in particular place could have been detained or arrested without a warrant and be .placed in confined settlements. These were the very communities, who were born rebel and, - of these, 150 tribes were declared criminal tribe by British, without just by taking into consideration their livelihood; place of residence etc.

Though, the Criminal tribe act has gone, and tribes have been denotified in 1952, but it has not only come back in various new laws; but, more importantly, the colonial attitude of the government still continues.

The livelihood of these communities had been further criminalised by many other colonial laws. For example, The Indian Forest Act, 1927 which still holds the ground and has many provisions continuing from first Resrved Forest Act of 1878, which even prevents collection of fallen leaves from reserve forests. Just to mention, though, that the first reserved forest of colonial India was made in 1862, only after confiscating estates of Bhabhhotsingh Korku of Bori forest, in Hoshngabd District (touching modern days Panchmari) for his rebel against British in 1859 and he was hanged, after arrest, at Jabalpur in 1861. And, this conversion of adivasi land into reserved forest and criminalising of their livelihood has been the major source of most of the Adivasi rebel, from colonial time to till date.

While, we must put up full force against preventive arrests of political prisoners irrespective of their castes and religions, we must have equal force in opposing the attitude of governments in looking upon their marginalised population as criminals and jailing them in the name of law and order must be stopped. And as long term measures we need to overhaul our colonial way of looking at dissent and marginalised.

Anurag Modi, Atavists, for 25 years, with Shramik Adivasi Sangathna and Samajwadi Jan Parishad, opposite Bohra Maszid, Kothi Bazar, Betul (M. P.) [email protected]