Guwahati, October 2024 – In a significant development that has reignited the contentious debate over the Citizenship Amendment Act (CAA) and the protests it triggered in 2019, an Assam MLA has been charged under the Unlawful Activities (Prevention) Act (UAPA). The MLA, known for his vocal opposition to the CAA, has been accused of inciting violence during the widespread protests that swept through Assam and other parts of India in late 2019. The use of the stringent UAPA against an elected representative has drawn sharp reactions from political leaders, activists, and civil society, with many calling it an attempt to stifle dissent.
The 2019 Anti-CAA Protests and Their Aftermath
The Citizenship Amendment Act, passed by the Indian Parliament in December 2019, sought to provide a pathway to citizenship for non-Muslim refugees from Afghanistan, Pakistan, and Bangladesh who had entered India before December 31, 2014. While the central government defended the law as a humanitarian gesture, it sparked widespread protests across India, particularly in Assam and other northeastern states, where people feared the Act would undermine the region’s ethnic and cultural identity by encouraging an influx of illegal immigrants.
Assam saw some of the most intense protests against the CAA, with demonstrators taking to the streets in large numbers. Many in the state believed the law violated the Assam Accord of 1985, which had set March 24, 1971, as the cutoff date for detecting and deporting illegal immigrants. The protests often turned violent, with clashes between protesters and law enforcement agencies, leading to several deaths and widespread property damage.
The MLA in question, a prominent figure in Assam’s political landscape, was at the forefront of these protests. He vocally opposed the CAA, arguing that it threatened the indigenous population’s rights and the delicate demographic balance in Assam. The protests he led saw significant participation, particularly from students and youth groups.
The UAPA Charges: Allegations and Response
Nearly five years after the anti-CAA protests, the Assam Police have filed charges against the MLA under the UAPA, a law primarily used to combat terrorism and other unlawful activities that threaten national security. According to the police, the MLA’s speeches and actions during the protests allegedly incited violence and posed a threat to public order. The charges accuse him of being involved in organizing unlawful assemblies and encouraging acts of violence that led to damage to public property and loss of lives.
The decision to invoke the UAPA, known for its stringent provisions and limited scope for bail, has been met with widespread criticism. Civil rights groups and opposition leaders have condemned the move, accusing the government of using the UAPA as a tool to suppress political dissent. The MLA’s legal team has also denied the allegations, stating that the protests were peaceful until law enforcement intervened, and that the MLA has always advocated non-violence.
“The protests against the CAA were a reflection of the people’s sentiment in Assam. Charging an elected representative under an anti-terror law for standing with his constituents is nothing short of an attack on democracy,” said a senior leader of the Assam Opposition. Several political parties have expressed solidarity with the MLA, calling for the withdrawal of the charges.
UAPA and Its Controversial Application
The UAPA, initially enacted in 1967, has been amended multiple times to broaden its scope. It allows the government to designate individuals and organizations as terrorists and detain suspects for extended periods without bail. Over the years, its application has drawn criticism for being used disproportionately against activists, political dissidents, and minority groups.
In Assam, the UAPA has been increasingly invoked in cases related to political protests and insurgency-related activities. Critics argue that the law’s draconian provisions are being used to silence dissenting voices and criminalize protest movements. The charging of a sitting MLA under the UAPA has intensified concerns over the law’s misuse and its chilling effect on free expression and political activism.
Human rights organizations, including Amnesty International and the People’s Union for Civil Liberties (PUCL), have called for an independent review of cases where UAPA has been applied, especially in politically charged situations like the anti-CAA protests. “This is a blatant misuse of a law meant for combating terrorism, not silencing political opposition,” said a statement from PUCL.
The Political Implications
The UAPA charges against the MLA come at a critical time for Assam’s political landscape. With state elections looming, the case has polarized public opinion. Supporters of the ruling government argue that law and order must be maintained and that those responsible for violence during the protests should be held accountable, regardless of their political status. Meanwhile, opposition parties have framed the charges as part of a broader campaign to marginalize those who oppose the CAA and other policies of the central government.
As the legal battle unfolds, the case is expected to shape the political discourse in Assam, with potential ramifications for the upcoming elections. For now, the MLA continues to serve his constituency while fighting the charges in court, but the case has spotlighted the intersection of law, politics, and dissent in Assam’s tumultuous political landscape.
The decision to charge an Assam MLA under the UAPA for his role in the 2019 anti-CAA protests has sparked a fierce debate about the boundaries of dissent and the use of anti-terror laws against political figures. While the government defends its actions as necessary for maintaining law and order, critics argue that this move sets a dangerous precedent for democracy. As Assam watches closely, the outcome of this case will have significant implications for both the state’s politics and the broader national conversation on civil liberties.
