December 17, 2024
Mausam Benazir Noor’s speech on ‘Liberty’, as mentioned in the Preamble, during the Special Discussion on the 75th anniversary of adoption of the Constitution of India
Sir, on behalf of the All India Trinamool Congress, I would like to speak on the aspect of liberty, granted by our Constitution’s Preamble. Sir, where are we on the World Liberty Index? As we embark on the 75th year of our Constitution, it is disheartening to see India rank 159 out of 180 countries in the World Press Freedom Index, 2024. We are even behind war-torn Lebanon. Between 2014 and 2019, more than 200 serious attacks on journalists have occurred. This has suppressed the freedom of expression guaranteed in Article 19. Further, laws have been made for targeting inter-faith marriages and conversions, which breaches the freedom of religion, provided in Article 25, and right to privacy in Article 21. Recently, changes to Criminal Laws removed safeguard to limiting police custody to 15 days thus allowing fragmentation of police custody over 60 to 90 days, which increases the risk of custodial abuse and arbitrary detention. This undermines individual rights and violates protection against misuse of power and constitutional right to life, dignity and liberty. Moreover, Sir, the systematic misuse of legal provisions like UAPA and changes in custody laws compromises the right to a fair trial that has been provided in Article 22. Further, criminalisation of ‘Resisting, refusing, ignoring, or disregarding to conform to any direction given by a police officer’, infringes on the right against self-incrimination. Journalist Sidheeq Kappan was arrested for reporting on the rape of a Dalit woman in Hathras, Uttar Pradesh! He remained in custody for two years! Father Stan Swamy died in judicial custody. At the old age of 83, he was denied access to basic necessities like straw and sipper! These are just a few examples. There are hundreds more struggling for their rights. Sir, 200 journalists were targeted by the Government agencies, non-State political actors, criminals, and armed opposition groups in 2022. Of these, 100 journalists were under Government Officials’ radar. Thus, this really makes me wonder, what is the state of liberty in our country? Is this the concept of liberty that the Constituent Assembly had thought of? Is this the freedom that India was supposed to get at the stroke of midnight? Thank you.
