Editorial: Demonising dissent

The line between the constitutionally guaranteed right to protest and terrorist activity is getting blurred

Dissent is the essence of a mature democracy. Any criticism of the government of the day should not be treated as an act of terror or declaration of war against the state. Unfortunately, there has been a growing trend of slapping sedition cases against the voices of dissent. The case against the three student activists in Delhi — Natasha Narwal, Asif Iqbal Tanha and Devangana Kalita — illustrates the wrong application of law to muzzle criticism. However, the courts have been stepping in to uphold the rights of the citizens. The Delhi High Court’s recent order granting bail to the student activists came as a severe indictment of the Delhi Police and the political establishment it takes the orders from. All three activists have been in jail for over a year and face charges under the Unlawful Activities Prevention Act (UAPA) in connection with the 2020 February riots in north-east Delhi and the anti-CAA protests. The court, in its order, underlined some fundamental principles of a constitutional democracy that are increasingly being violated by governments. It is time a clear demarcation line was drawn between criticism of the government, which is a constitutional right, and activities that destabilise the country. The Delhi police have failed to provide any evidence to support the grave charges of terrorism or inciting violence slapped against the activists. In the anxiety to suppress dissent, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting blurred.

Democracy is strengthened by the plurality of opinions and the freedom to express them. The people protesting peacefully for their ideals are an important element of democracy and invoking the most severe penal provisions against them belittles democracy, trivialises terrorism and undermines the intent and purpose of Parliament in enacting a law. Harsh laws like the UAPA must be applied with utmost care and rigorous fairness in rare cases that involve a threat to the country’s sovereignty. The Delhi court’s observations must serve as an eye-opener for all governments and the police forces that violate citizens’ rights and arrest critics, dissenters and protesters on the flimsiest grounds and charge them under draconian laws. The court found that there was no reason to deny bail to the student activists because it could not be apprehended that they would tamper with evidence or flee the country. Over the last few years, the police have frequently been invoking UAPA and sedition to silence critical citizens’ voices and put them behind bars under stringent anti-terror law. People look up to the judiciary to intervene in such instances and not allow the legal machinery to be used by the state to suppress the fundamental freedoms of citizens. Otherwise, democracy will be in peril.

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