ITANAGAR, JUNE 29 : The Arunachal law students union (ALSU) on Thursday has submitted a representation for repeal of the Arunachal Pradesh Unlawful activities (prevention) Act 2014 in 12th Session (Monsoon) of the the Arunachal Pradesh Legislative Assembly 2023.
In a representation submitted signed by ALSU President Phasang Kasung, Vice President Teli Nega, General secretary Ngurang Nana Dopum, Chairman Research and technical cell Chairman Gyamar Maya and others to Arunachal Pradesh congress committee (APCC) and former Chief Minister Nabam Tuki said that “ there is a chance of potentials of misusing “The Arunachal Pradesh Unlawful activities (prevention) Act 2014” in long run arc apparently unimaginable”.
It is needless to say that clarity of provisions in any legislation makes the legislation useful and objectives oriented. But the vague definitions and provisions in any legislation will definitely paves way for misused of such legislations; exactly the case of “The Arunachal Pradesh Unlawful activities (prevention) Act 2014” is of such kind. According to section-2(xii) the Arunachal Pradesh Unlawful activities (prevention) Act 2014-“Unlawful activity- means acting in such a manner so as to cause or likely to cause directly or indirectly, any feeling of insecurity, danger or fear among the general public or any section thereof or any danger to the safety of individuals, safety of public, public health or the ecological system or disruption of daily supplies and essential services to public or any loss or damage to public exchequer or to any public or private property or enforce on general public activities declared as illegal by the State or prohibited by State Government under section 144 of Cr.Pc or any other order for the time being in force such as Bandh through intimidation or psychological fear or threat and causing actual damage to public or private property”. ALSU said.
In simple words the definition of “Unlawful Activity” provided under this act, is broaden enough to bring any democratic movement under the ambit of Unlawful Activities. Such exhaustive and vague definition of “Unlawful Activity” practically amplified the potential of this legislation being misuse in the hands of state authority to silence the popular voice of the people against the wrong doings of the state. This vague definition of Unlawful Activity literally make this piece of legislation unfettered and draconian in nature that empowers the Govt of the day to silence the popular voice of the people, which is against the spirits of constitutional democracy. ALSU said.
Whereas, the definition of “unlawful Activity” under Section-2(o) of central legislation TI-113 UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967, believe to be the source of “The Arunachal Pradesh Unlawful activities (prevention) Act 2014” is very precise and clear, that technically do away the potential of misusing the legislation. According to Section-2(o) of The Unlawful Activities (Prevention) Act, 1967 Act -“Unlawful activity” in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),— (i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or (ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or (iii) which causes or is intended to cause disaffection against India; It is needless to say that the definition of Unlawful Activity under central legislation -The Unlawful Activities (Prevention) Act, 1967″, is very subjective and vividly restrict the definition as an any act with intend or support any claim of cession, secession, disruption of sovereignty and integrity and causing disaffection against India, that technically do away the possible misused of law. But definition of Unlawful Activity under state legislation is far difference from central legislation and it has been widen enough to curtail the fundamental rights of the people even on minor ground of possible protest against wrong doings of the state Govt. Further, on perusing the provisions of APUAPA Act 2014 it is seen that except definition clause and explanations under section-3, the entire provisions of the APUAPA Act 2014 is just a copy paste of the Provisions of very powerful legislation “The National Security Act 1980”, but unfortunately the intent and objects of APUAPA Act 2014 is in no way connected to national security, rather it talks about the damage of public or private property, danger to safety of individual, safety of ecological system etc. Thus, the act of enacting a law by copy pasting the extremely powerful legislation and enforced the same to curtail the fundamental rights of the people and to silence the popular voice of the people against the inaction of the Govt is unbecoming of the democratically elected govt. Thus, potential of misusing of this draconian law is apparently unimaginable in nature. The ALSU said in the representation submitted to APCC President Nabam Tuki who is also MLA from 15 Sagalee assembly constituency.
It is also witnessed that the recent episode of random detention of poor activist spearheading movement against the infamous APPSC paper leak fiasco proved the draconian and unfettered nature of “The Arunachal Pradesh Unlawful activities (prevention) Act 2014”. Furthermore, the unfortunate illegal detention of one Juvenile for 16 long days under this Act exposed the darkest side of this legislation. Our state is a peace loving state and is unfortunate and totally an uncalled for. It is needless to say that the Arunachal Pradesh is a peaceful state, having no any organization or individual listed as terrorist organization
Therefore, we on behalf of the conscious and peace loving citizens of the state urged your esteem office to consider the repeal of “The Arunachal Pradesh Unlawful activities (prevention) Act 2014” as utmost priority in upcoming 12th Session (Monsoon) of the 7th Arunachal Pradesh Legislative Assembly 2023. The ALSU added.