THE GIST of Editorial for UPSC Exams : 14 November 2019 (Gujarat Anti-Terror Bill (The Hindu))

Gujarat Anti-Terror Bill (The Hindu)

Mains Paper 2 : Polity
Prelims level : Gujarat Anti-Terror Bill
Mains level : Highlights the provisions of the Gujarat Anti-Terror Bill

Context

•  Gujarat got the presidential approval for its controversial law aimed at fighting terrorism and organised crime (GCTOC) as President gave his assent to Gujarat Control of Terrorism and Organised Crime Bill, passed by the state assembly in 2015.

Background:

•  The contentious Bill first introduced by then Gujarat Chief Minister Narendra Modi in 2003, failed to get the presidential nod thrice.
•  In 2015, the Gujarat government reintroduced the Bill by renaming it the GCTOC, but retained a few controversial provisions .Sixteen years after the first version of it was passed by the Gujarat
• Assembly, the Gujarat GCTOC has finally become law

Whether a state law needs presidential assent?

•  The Seventh Schedule to the Constitution includes three categories of subjects: ones on which only the centre can legislate, under List I; ones in which only the states can, under List II; and ones on which both the state and the centre can legislate concurrently, under List III.
•  This means that the state of India can legislate on any matter in List II. It can also pass laws to override central laws on subjects in List III, as long as it receives the president’s assent, under Article 254 of the Constitution ( which provides that if a State law receives presidential assent after due consideration, then it can apply in contravention to the Central law in that particular State.)

What are the controversial provisions?

•  It allows a confession to be recorded before a police official of Superintendent of Police rank to be admissible in the trial against the accused or any of the other accused in a case.
•  It allows evidence collected through the interception of wire, electronic or oral communication” admissible in court against accused.
•  It allows for the period of investigation to be extended from 90 to 180 days so that the police have more time to keep an accused in custody.
•  It provides immunity to the state government officials so that no suit or prosecution can be initiated against it for anything which is done in "good faith"
•  It prevents an accused from getting bail while in custody.
•  The act also provides for death penalty as maximum punishment.

Criticisms:

•  The evidence of electronic intercepts is seen as an intrusion on the privacy of citizens (Article 21).
•  The accused may be subject to torture by the police to extract confession. Besides confessions made to police is not admissible in court even under the Indian Evidence Act.
•  The vague definition of terrorism under the bill leaves scope for misuse as has happened with Terrorist and Disruptive Activities (Prevention) Act (TADA), Prevention of Terrorist Activities Act (POTA) and Unlawful Activities (Prevention) Act (UAPA).

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Prelims Questions:

Q1. Global Risk Report 2019 is published by?
a) World Bank
b) World Economic Forum
c) International Monetary Fund
d) None of the above

Answer: B
Mains Questions:
Q1. What are the controversial provisions about Gujarat Anti-Terror Bill?