Theme: Government

What is an unlawful association?

An unlawful association is a group which tries to commit or commits unlawful activities or any activity punishable under Sections 153A or 153B of the Indian Penal Code, 1860. Unlawful associations include:

  • Groups which encourage or assist people to participate in such activities. For example, a group who conspires to plan a terrorist attack.
  • Members who themselves participate in such activities((  Section 2(p), Unlawful Activities (Prevention) Act, 1967.)). For example, if a person engages in distribution of explosives for a terrorist activity.

Influencing Public Servants to Commit Crimes

You are breaking the law if you as a public servant help someone commit the crime of influencing public servants. It does not matter that the public servant did not actually act on the influence exerted on him/her. The mere fact of the influence is a crime. You can be sent to jail for a period of 3 years to 7 years along with a fine.

Example: If I, as a District Magistrate, influence the Chief Engineer to favour a friend in a road construction tender, whether my friend gets the tender doesn’t matter, the magistrate can still be punished for just the influencing part.

Acts which are not sedition

The following acts do not amount to sedition as they are protected by your right to freedom of speech and expression under the Constitution of India:

  • Any criticism of government policies and their actions.
  • Any criticism done in good faith against the Government.
  • Any criticism done to improve the functioning of the Government.

In other words, commenting in strong terms upon the measures or acts of Government or its agencies is not the same as disloyalty towards the Government. As long as the words used by a person do not lead to people feeling enmity and disloyalty towards the Government and public disorder or use of violence, it is not an act of sedition.(( Kedar Nath v. State of Bihar, A.I.R. 1962 S.C. 955.))

Example I:

  • If Amit draws a cartoon for a newspaper highlighting and ridiculing the corruption in the Government, it would not amount to sedition.(( Sanskar Marathe v. State of Maharashtra & Ors., 2015 (2) R.C.R. (Cr) 351.))
  • If a filmmaker makes a documentary on the violence of Jammu and Kashmir and critiques the Government actions in it, they would not be liable for sedition.

Example II:

  • If Bobby sticks posters in the public library to boycott the general elections to the Legislative assembly and writes “No vote for the masters who are exploiting people”, this does not amount to sedition.
  • If Rahul criticizes the government on his Facebook wall for not maintaining the roads in his area, and says bad things about the government, it would not amount to sedition.(( Balwant Singh v. State of Punjab, (1995) 3 S.C.C. 214.))
  • If Tanya expresses her anger against any administrative or other action of the Government without exciting or attempting to excite any hatred or violence, then it would not amount to sedition.

Example III:

  • If Raj gives a fiery speech at a stage rally about the ongoing injustice to a certain community, then his speeches won’t amount to sedition if they do not incite any violence or cause public disorder.(( Arup Bhuyan v. The State of Assam, (2011) 3 S.C.C. 377.))
  • If Ramu holds a slogan saying “I hate the Government, the Government is corrupt”, it is not an act of sedition. If the slogan had resulted in people hating the Government along with violence, then it would be an act of sedition.

Power of the Armed Forces to Shoot and Use Force

The power of the armed forces to shoot and use force can be used against:

  • any person who is violating any law, or
  • any person forming an assembly of five or more people, or
  • any person carrying weapons or things capable of being used as weapons or firearms, ammunition or explosive substances, while these are prohibited in the disturbed area. For example, if carrying lighters is prohibited and you carry one, the army can use force against you.

An officer can use these powers if they think that it is necessary to do so to maintain public order. The officer has to give due warning to the person they are shooting at.

Example: In disturbed areas various activities are not allowed. If a group of armed people create a law and order problem and try to enter a certain area where they attack an army convoy or violate the law in any other way, the armed forces officer can respond to them by shooting them.

How does the Government regulate unlawful associations?

Declaring an association as unlawful

If the Central Government believes that any association is, or has become, an unlawful association, it can declare the association as unlawful by publishing an official Gazette notification, usually with reasons for declaring the association as unlawful. The Government will also send the notification to the concerned association and publish it in at least one daily newspaper in the State where the association has its head office(( Section 3, Unlawful Activities (Prevention) Act, 1967.)).

 

After putting out the notification:Step 1: Sending the notification to the Tribunal 

The Government should send the notification to the Unlawful Activities (Prevention) Tribunal within thirty days of its publication, to decide whether there is enough reason for declaring the association unlawful.

Step 2: Sending a notice to the association

The Tribunal will then send a written notice to the association, asking it to justify within thirty days why it should not be declared unlawful.

Step 3: Inquiry by Tribunal and Final Order

The Tribunal will inquire and decide whether there is enough reason for declaring the association unlawful. Within six months of the Gazette notification, the Tribunal will pass an order either confirming the Government’s declaration or cancelling it(( Section 4, Unlawful Activities (Prevention) Act, 1967.)). The order will be published in the official Gazette, and will be valid for five years unless the Government cancels it(( Section 6, Unlawful Activities (Prevention) Act, 1967.)).

 

Seditious Text

As a citizen, you have a right to write (newspaper, periodicals etc.) whatever you like about the Government, or its measures, by way of criticism or comment, so long as you do not incite people to violence against the Government or don’t do with an intent of creating public disorder. Authorship, distribution and circulation are parts of an act of sedition.(( Raghubir Singh v. State of Bihar, A.I.R. 1986 S.C. 508.)) However, just doing one of these acts may not amount to sedition.(( Romesh Thappar v. State of Madras, A.I.R. 1950 S.C. 124.)) It is decided by the Court on a case-by-case basis. If these actions result in public disorder or violence among the people, then those responsible for it would be held liable.

Example: If Mr X, was found in possession of or distributing pamphlets, booklets and letters which discussed a Naxalite organization using violence and guerilla force to fight with the Government, then he is guilty of an act of sedition. These documents themselves show that they are the documents prepared to excite disaffection towards the Government.

Power of the Army to Destroy Shelters/Storage

The type of places that the army has the power to destroy:

  • Places where armed attacks are made usually or are likely to be made or are attempted to be made by suspected persons, or
  • Any structure used as a training camp for armed volunteers, or
  • Any place utilised as a hide-out by armed gangs or people who are wanted for an offence by the police.

Example: If certain armed people are hiding at a position on a hill or in a house, or anywhere and the army suspects that they may make an attack, the army can seal that area and use arms and ammunition to destroy the hideout.

What happens if an association is declared unlawful?

Prohibiting funds:

If a person has any funds (cash or other resources) which are used for an unlawful association, the Government can pass a written order prohibiting the person from paying, delivering, transferring or dealing with them in any way. However, the Government allows such monetary dealings if they are done according to the conditions given in the  written order((  Section 7, Unlawful Activities (Prevention) Act, 1967.)).

 

Notifying places used for unlawful associations:

The Central Government can notify any place (house, building, boat etc.) that it thinks is used for an unlawful association, in the official Gazette. The District Magistrate can then:

  • Order that non-residents of the place cannot enter or be in it without the Magistrate’s permission.  If any person violates this, the Government can remove them from that place(( Section 8, Unlawful Activities (Prevention) Act, 1967.)).
  • Make a list of moveable objects found in the place (not including trivial things like beds, vessels, etc.) in the presence of two respectable witnesses. If the Magistrate thinks that such objects are for an unlawful association (such as account books of an unlawful association), they can prohibit any person from using the objects. The person can then use them only according to the Magistrate’s written orders.

Helping a Public Servant Commit a Crime

You are breaking the law if you help, suggest or encourage a public servant to commit the crimes of accepting money or gifts in addition to their salary or property from business associates, even if the crime was not successfully committed. You can be sent to jail for a period of 3 to 7 years and will also have to pay a fine.

Example: Rajesh, Ravi’s cousin offers Mukesh (a public servant) a new house in return for appointing Ravi to the post of junior Railway officer. Even if Ravi does not get the post, Rajesh has “abetted” or helped Mukesh break the law.