🩸IB ACIO Descriptive : Sample Essay Series
Topic : Dissents in Democracy in India: Use and MisuseDemocracy, as Mahatma Gandhi once said, "is an impossible thing until the power is shared by all," emphasizing the importance of dissent as a cornerstone of democratic values. In India, a vibrant democracy, dissent has been both a tool for progressive change and, unfortunately, a target for misuse. The arrest of
NewsClick founder Prabir Purkayastha in 2022 exemplifies the delicate balance between national security and the right to dissent.
Dissent is essential for democracy. As Jawaharlal Nehru remarked, "Democracy is good. I say this because other systems are worse." This underscores the necessity of dissent in preventing
authoritarianism and ensuring the government's accountability. Historically, dissent in India has catalyzed monumental changes, from the independence movement to social reforms.
However, dissent in India has also faced severe repression, often under the guise of
national security. The
Unlawful Activities Prevention Act (UAPA), originally intended to combat terrorism, has frequently been criticized for its misuse against dissenters. The arrest of Prabir Purkayastha is a case in point. The Delhi Police alleged that NewsClick disrupted India's sovereignty, purportedly funded by China. The Supreme Court, however, invalidated the arrest, citing the absence of due process, particularly the failure to provide written grounds for arrest as mandated by
Article 22(1) of the Constitution.
The Supreme Court's decision highlights the importance of procedural safeguards in protecting individual rights. The Court emphasized that communication of the grounds of arrest is sacrosanct. This principle aligns with the notion of due process, which, as historically developed, ensures fairness and non-arbitrariness in legal proceedings. The UAPA, with its provisions for extended detention and stringent bail conditions, raises significant concerns regarding its alignment with due process.
In contemporary India, dissent is often conflated with anti-national activities. This trend is troubling as it threatens the fundamental democratic principle of free speech. The Delhi Police’s clandestine handling of Purkayastha’s arrest, including withholding the FIR, underscores the potential for abuse of anti-terror laws. Such practices not only undermine trust in law enforcement but also stifle legitimate criticism and discourse.
Balancing national security with individual freedoms is crucial. As Dr. B.R. Ambedkar stated, "The Constitution is not a mere lawyers' document, it is a vehicle of Life, and its spirit is always the spirit of Age." This spirit necessitates that laws like the UAPA be scrutinized and reformed to prevent misuse. Establishing clear legal frameworks, ensuring judicial oversight, and fostering public participation are essential steps toward this balance.
The judiciary plays a pivotal role in upholding democratic values. Recent Supreme Court rulings, emphasizing due process and the right to dissent, reinforce this role. Moreover, civil society must remain
vigilant and vocal against any misuse of power. Public engagement and independent monitoring bodies can provide a check on potential abuses, ensuring that dissent remains a protected right in India’s democratic framework.
As India progresses, it must continually strive to ensure that laws, especially stringent ones like the UAPA, do
not overshadow the fundamental rights of individuals. Moving forward, India's legal and constitutional ethos must embody a harmonious balance between state security and individual liberties. This equilibrium is essential not only for the protection of personal freedoms but also as
a testament to the maturity and integrity of our democratic civilization.
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