231 Maintenance of Internal [ RAJYA SABHA ] Security (Repeal) 232 Bill

231 Maintenance of Internal [ RAJYA SABHA ] Security (Repeal) 232 Bill, 1978 [Shri Bhupesh Gupta] during the last two years, a tho- rough review of the law wiH be under the changed political situation undertaken with a view to repeal- he need not go by the administrative ing it and examining whether the and bureaucratic rule. A political existing laws need further streng- decision can be taken by him. I beg thening to deal with the economic oi him and I beg of all that these two offences and security of the coun- young sons of Bengal, Mr. Kanu try without denying the right to Sanyal and Mr. Souren Bose be res- approach the courts." tored to West Bengal. The West Bengal Government demands it the Accordingly the matter was examined public demands it and all of us de- and it was felt that if there were no mand it; it is a national demand in- Central laws to provide for preven- deed and I do hope that everybody's tive detention, difficulties might be voice will be raised in support of this experienced in dealing with certain damand, and above all there will be serious situations. However, it was the voice of the former Prime Minis- felt that reliable and adequate safe- ter of the country, Shrimati Indira guards should be provided in the law Gandhi. to prevent any misuse. The Code of Criminal Procedure (Amendment) MR. CHAIRMAN: Now the House Bill, 1977 was introduced in the Lok stands adjourned for lunch to Sabha on the 23rd /December;, 1977 reassemble at 2.10 P.M. with these objects in view. But con- sidering the misgivings expressed The House then adjourned even in regard to the provisions in for lunch at ten minutes past the said amendment Bill and the per- one of the clock. sistent apprehensions that powers of preventive detention could be mis- used notwithstanding such safeguards, The House reassembled after lunch the Government reconsidered the mat- at twelve minutes past two of the ter. An announcement in this regard clock, Mr. Deputy Chairman in the was made by the then Home Minister Chair. in this House on the 23rd March, 1978. The Code of Criminal Procedure THE MAINTENANCE OF INTERNAL (Amendment) Bill, 1977 was with- SECURITY (REPEAL) BILL, 1978 drawn on the 30th March, 1978. And THE MINISTER OF JSTATE IN a Bill to repeal the Maintenance of THE MINISTRY OF HOME AFFAIRS Internal Security Act was introduced (SHRI DHANIK LAL MANDAL): in the Lok Sabha on 19th April, 1978. Sir, I beg to move: The Bill has been passed by the Lok Sabha on 19th Julv, 1978. I earnestly "That the Bill to repeal the Main- hope that honourable Members would tenance of Internal Security Act, support the repeal of MISA. 1971, as passed by the Lok Sabha, be taken into consideration." With these words I move that the Bill be taken into consideration. 'Sir, hon. Members are aware that the Election Manifesto of the Janata The question was proposed. Party provides, inter alia, that MISA would be repealed. The policy of the Government in this regard was stated in the Address of the Acting President to the two Houses of Parliament on the 28th March, 1977, in the follow- ing words: "Having regarding to the gross abuse to which the maintenance of Internal Security Act has been put 233 Maintenance of Internal [ 27 JULY 1978 ] Security (Repeal) 234 Bill, 1978 235 Maintenance of Internal [ RAJYA SABHA ] Security (Repeal) 236 Biit, 1978 237 Maintenance oi Internal [27 JULY 1978 ] Security (Repeal) 238 Bill, 1978 239 Maintenance oi Internal [ RAJYA SABHA ] Security (Repeal) 240 Bill, 1978 May I speak or the hon. Minister •wiH continue his dialogue . (In- terruption) . 241 Maintenance of Internal [27 JULY 1978] Security (Repeal) 242 Bill, 1978 tinued up to 1969. Again, because of a delicate situation, the Maintenance of Internal Security Act was brought into the Statute Book in 1971. There was threatened invasion from Pakis- tan and thousands of people which grew into millions were coming from the then Pakistan to India, subver- sive activities were growing and the situation was such that it was thought necessary to bring a provision by which the preventive action could be taken to safeguard the integrity of this country. But we have seen and this has been our experience and probably we must learn a lesson from it that when power is concentrated in the hands of an individual or even a Government by this type of statute, the tendency ultimately grows for the power to g,o tangentially and that has SHRI DINESH GOSWAMI (Assam): been our unfortunate experience dur- Mr. Deputy Chairman, Sir, I take my ing the last few years. When the Re- stand here to support this Bill and I peal Act has been brought to this consider that this is one of the boldest House, Sir, we all welcome it and I measures that the Janata Government feel that the Government |has 'un- has taken during their 18 months' doubtedly done a very bold thing. rule. Therefore, this House will whole- But, at the same time, we must re- heartedly welcome this measure. cognise this fact that this has brought additionali responsibility Any provision of preventive deten- to the Government because though tion is incompatible with democarcy. the Maintenance of Internal Security However, even the advanced countries Act was utilised undoubtedly in some have by now realised that to meet cases for political purposes which I certain contingencies certain specific must confess, it was also utilised to laws are to be brought. Even coun- Temove certain distortions in some, tries like the United States of Americat social and economic spheres. I feel as late as 1950j had to brhig on the that it is not necessary to have an Statute Book the Internal Security act like Maintenance of Internal Se- Act. But the unfortunate part of Indian curity Act to remove these distortions. political life has been that though But these distortions, to a certain ex- preventive detention was brought in- tent, were curbed through the help to the Statute Book as a temporary of the Maintenance of Internal Secu- measure, it almost continued as a rity Act and a common man or an permanent measure. The record shows ordinary man will be misled and he that when Mr. Patel brought the first will carry a wrong impression about Preventive Detention Act in the House this legislation if he findg that after as the Home Minister, he had to this Act has been repealed, these dis- pass agonising time and had to pass tortions are growing. The Govern- two sleepless nights before he really ment and the ruling party has the brought this measure into ths House. responsibility, in the interest of the At that time, the makers of modern democratic polity of this country, to India probably were confronted with see that these distortions do not grow the question of safeguarding the newly after the Act is repealed. It will be gained freedom and that required the a sad day both for this country, for bringing of the Preventive Detention the democracy i thi country and for Act. But, unfortunately, that Act con- n s 243 Maintenance of Internal [ RAJYA SABHA ] Security (Repeal) 244 Bill, 1*978 [Shri Dinesh Goswami] belied. I myself was a victim of the the institutions of this country elections. They thought that with which we cherish il the Government, the change of the Government vir- by their half-hearted measures and tually a new climate will be created by their compromises, allow the dis- in which every individual will have tortions to grow. We have seen un- the opportunity, to express himself. fortunately, that during the last 15 After all, democracy does not merely mont.is of Janata rule, the distortions mean a rule of the majority. The have grown. I hope that every Janata essence of democracy is that indivi- Member will put his hands on his duals get fullest freedom of expres- heart and try to see what the effect sion, fullest opportunity where their of the Repeal Bill on the common man individuality blooms. But, unfortu- today is. If this Bill had been brought nately, we have seen that the Janata at the time when the Janata Party Party because of its inaptitudes, com- came into power, it would have gene- promises, because of its failure to rated a tremendous enthusiasm. But tackle problems or because they have today hardly the country is taking any been busy so far in fighting intra- notice of it. The Lok Sabha has party rivalry, have not been able to v.assed the Bill recently. But there create a climate in which the was hardly any response in the whole ordinary man in the street would feel country and the ordinary man in the that he has the opporunity of ex- street has allowed such a measure al- pressing himself freely in this coun- most to go unnoticed. This is the try. If the Home Minister of the fact of life which the country must country goes and tells the common take very serious note of and man: Look here, we have done a which the Government must take very tremendous thing, we have repealed serious note of because the the Maintenance of Internal Security ordinary man is feeling that merely by Act; his reply will be: What of it, the removal of this type of provision how does it help me? During the from the Statute Book his problems emergency at least I was safe fron are not solved.

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