Democracy on Trial: From the Rule of Law to Rule by Law

The growing use of laws like UAPA and PMLA to pin political opponents and dissenters reveals a disturbing trend of abuse of legal frameworks. The latest Bills pave the way for a new form of dictatorship

- KAPIL SIBAL

The surest way to throttle democracy is to weaponize laws and target those opposing the government. This government seems to have converted this into an art.

I recall the day the amendment to the Unlawful Activities (Prevention) Act, 1967 (UAPA), was taken up for discussion in Parliament. The Home Minister openly stated that this was necessary, for none could oppose the inclusion of terrorists and terrorist organizations in the First Schedule of the UAPA, seeking to destabilize our Republic. I intervened and expressed my fears that these laws are likely to be used against our citizens; it has turned out to be a reality. The prosecution of young students, like Umar Khalid and Sharjeel Imam, under those laws has resulted in them languishing in jail for years without a trial. Such laws have been used against journalists, academics, and members of religious communities in this country. The obvious intent was to silence them.

The weaponization of the Prevention of Money Laundering Act, 2002 (PMLA) is evident in its widespread use against political opponents, including chief ministers and ministers from opposition-ruled states, such as Arvind Kejriwal, Manish Sisodia, Satyendra Jain, Hemant Soren, and Farooq Abdullah, among others. Valiant attempts were made to move against Siddaramaiah, but they came to nought. These laws have also been used to instill fear in several leaders who were once part of the opposition but have been persuaded to join the BJP to save themselves from prosecution and imprisonment. The BJP has, particularly in Maharashtra, rewarded opposition leaders against whom serious allegations of corruption were publicly made for causing a split in their erstwhile parties. They are now part of the coalition ruling Maharashtra.