Maharashtra State Bank Employees Federation (MSBEF) and All India Trade Union Congress (AITUC) organized a seminar on “The Draconian Criminal Laws which came into effect on 1st of July , 2024 and its effect on the mass movement in general and the working class movement in particular”

 

Report by Kamgar Ekta Committee (KEC) correspondent


The seminar was held on 16th of July 2024, at Mumbai CST. It was attended by nearly a hundred leaders and activists of the trade union movement of Mumbai.

The Keynote address for opening the discussion was given by Dr. A. Mathew, Convenor of the All India Forum Against privatisation (AIFAP) and Secretary of Kamgar Ekta Committee (KEC). We are first presenting the highlights of his speech.

On December 2023, the Parliament passed the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagrik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Sanhita (BSS) replacing the British era colonial laws, the IPC (Indian Penal Code), the CrPC (Indian Criminal Procedure Code) and the Indian Evidence Act , respectively. In passing these laws the BJP led Central Government claimed that the new laws protect the rights of the people while the old British era laws were for punishing the people.

Dr. Mathew explained that while it is true that the old laws were used to suppress the people, it is also true that after Independence in 1947, the new rulers, the big capitalists of India chose to retain these same laws so that they could continue to exploit the land and labour of the Indian people. Those who oppose this exploitation are arrested and thrown into jail. There are 5 lakh prisoners in Indian Jails today, 70% of whom are yet to be tried!

Though the Government claimed that the new laws passed in December 2023 were to protect the people, in actual fact these new laws give the police even more powers to arrest and detain people.

For example, in the BNS, the term “sedition” has been removed. However,, the same purpose is served by its Section 152, which states that any person “indulging in subversive activities” can be punished with imprisonment for years. This means that there is a wide scope for those in power to arrest those who express views not to the the government in power. Section 113 of the BNS gives such a broad definition of a terrorist that it makes it possible for the government to prepare a case against anyone who opposes it without having to use special laws such as the Unlawful Activities Prevention Act (UAPA).

The BNSS has 531 sections, out of which 350 are exactly the same as the old CrPC. Many of the changes that have been made in other sections serve to strengthen police powers and not to protect the peoples’ rights. It also enables for trials and punishment in absentia.

The BSS merely rearranges a few provisions of the old Indian Evidence Act. The only major change is the use of electronic evidence such as emails. This allows those in power to frame false charges using doctored emails and deepfake videos.

It is very clear that these laws are meant to suppress all people’s struggles. When big corporates defraud the public sector banks of Rs 15 lakh crores, are they not indulging in subversive activities? Why are they not being arrested? It is clear that these laws are not applicable to the big corporates who loot and exploit the land and labour of the people without any regard to laws existing.

The Maharashtra Legislative Assembly has tabled the “Maharashtra Special Public Security Act, 2024” which has provisions more draconian than the UAPA.

We see an India where 1% of the population owns more than 70% of the national wealth. The big capitalists want to increase this wealth and have set an agenda called Amrit Kaal for the next 23 years. They want to become global multinationals . For this they need cheap labour and that is why they passed the 4 Labour Codes through which all existing protection for the workers are abolished. Workers can be hired on contract under the most exploitative conditions. Public sector enterprises are being privatized and the existing work is being outsourced to private contractors and companies.

It is obvious that the working people will oppose these oppressive conditions and that is why they need more black laws to throw into jail anybody who opposes.

In conclusion Dr. Mathew said we need a new India where the economy is not oriented to increasing the wealth of a minority but for the welfare of the majority of working people, the workers and peasants. He called on all the trade unions in all the sectors, whether banks, railways, electricity, etc. to unite and jointly oppose these black laws.

After this keynote address, there were many interventions by the leaders of the various trade unions.

Comrade Devidas Tuljapurkar, General Secretary, Maharashtra State Bank Employees Federation, said the Central Government wants to hand over the public sector including banks to private capitalists . The labour laws are being changed to help them. The new laws were unilaterally passed and violated the rights of the workers.

Comrade Sudhakar Apparaj from HMS said workers will be considered like terrorists now. These laws will curb unions from raising their demands and union activists will be arrested. Police are given more powers and digital evidences will be allowed. Bail provision has been removed. FIR will be difficult to file and custody can be extended to 60 days in the police station.

Comrade Armaity, of the CITU said these laws were passed in 2023 without discussion. They are used to silence our voices She said more such meetings are required.

Comrade Krishna Bhoyar, General Secretary, Maharashtra State Electricity Workers Federation, said an agitation against the Electricity Bill started in UP, Pondicherry and in Maharashtra. In Maharashtra a big agitation prevented taking over of the Maharashtra Electricity Distribution Company to some extent by Adani. The privatisation of electricity is being fought against. The farmers also vigorously opposed the Electricity Amendment Bill. In Punjab there was a big agitation.

He said we are opposing smart meter implementation. There were agitations in villages against smart meters and it has become an issue in the coming elections in Maharashtra. Now with these black laws police has been given more powers and it will be more difficult to oppose the government.

Nirmala Sawant Prabhawalkar, ex-Mayor of Mumbai, said that the Maharashtra Special Public Security Act, 2024 was passed in a hurried fashion. On mere suspicion people could be imprisoned. She asked how the people of Maharashtra, which has been a land of struggle for working class and produced many freedom fighters can accept such black laws.

After all the interventions, Comrade Uday Choudhari, AITUC, Convenor of the meeting, proposed a resolution that such meetings against the black laws should be conducted by every trade union. This was unanimously approved.

 

 

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