08 August 2019

the state always use black laws to suppress people’s protests. Such laws are generally used dubbing these struggles as terroristic. According to changing situation these laws and the instruments for their implementation are made more autocratic by making necessary amendments by governments, using them for attacking the minorities and oppressed classes and sections also. This is the case of all black laws like TADA, POTA, AFSPA, UAPA etc. The amendments to NIA Amendment Bill also is part of this.

When the UPA govt formed NIA (National Investigation Agency) in 2008 it had many anti-people provisions. Now the Modi-2 home minister Amit Shaw in the first session of the parliament itself pushed through amendments to the NIA rules to create Islamophoebia and to facilitate more attacks on human rights and democratic rights. While only 6 MPs in Lok Sabha voted against this, the Rajy Sabha, where NDA is a minority, unanimously adopted it!. The parties expected to take strong stand against fascism did not take such positions. While Congress supported the bill, CPI(M) which opposed it in the LS, kept away from pressing for voting in the RS. Even the Muslim League did not consistently oppose it. It seems all these parties in opposition were afraid that they may be attacked for supporting terrorism by the BJP!

The Bill made important changes in the NIA provisions. Firstly human trafficking, fake currency, production and sale of prohibited arms, Cyber terrorism, 1908 provisions regarding explosive materials etc were included under its purview.  For trial of these cases Special Courts shall be constituted.

The problem with all black laws is that they can be/are used against any organization or individual opposed to the ruling system. All the black laws are primarily used against the minorities and organizations struggling for the rights of workers, peasants and other oppressed sections, besides against democratic rights’ activists. As far as the NIA is concerned even during the UPA rule it did not act effectively against the accused in the 2002 Gujarat pogroms or in cases where pro-RSS forces were accused. Under Modi-1 all the accused Hindutva forces including Pragya Thakur were given bail or cases against them dropped. In this situation giving more powers to NIA, even taking away some of the cases so far dealt by the state police, will make it more draconian and another powerful weapon in the hands of the saffron fascist forces. Still the parliamentary opposition including the Left Front did not oppose it effectively in the parliament, shows the growing danger of even such forces getting terrified and surrendering to the neo-fascist state machinery under Modi.

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Kabeer Katlat

The Communist movement in India has a history of almost a century after the salvos of October Revolution in Russia brought Marxism-Leninism to the people of India who were engaged in the national liberation struggle against the British colonialists. It is a complex and chequered history.