Emergency declared during the time of Indira Ghandi completes 49 years. The proclamation for the emergency was issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution because of the prevailing “internal disturbance”.
The Emergency was in effect from June 25, 1975 and ended on March 21, 1977. The elections were cancelled and civil liberties were suppressed by the Prime Minister as the proclamation bestows the authority to rule by decree.
All the rights were annulled, especially the media was censored. People who spoke against the emergency were arrested under MISA, DISIR, and COFEPOSA.
During the emergency, around 34,988 people were arrested under MISA, and 75,818 people were arrested under DISIR. This included both political prisoners and ordinary criminals.
Most states classified those arrested under MISA into multiple categories. For instance in Andhra Pradesh, they were classified into three categories - Class A, Class B and Class C.
Class A prisoners included prominent political leaders, members of parliament, and members of the legislative assemblies.
Class B prisoners included less prominent political prisoners. Class C included those detained for “economic offences” and other offences.
Class A and B prisoners were treated better and received better amenities in prison than other categories of the prisoners.
Those arrested under COFEPOSA and DISR, depending on the state, found themselves detained with ordinary criminals, as Class C prisoners, or their own separate category.
Cases like the Baroda dynamite case and the Rajan case became exceptional examples of atrocities committed against civilians in independent India.
Jagmohan emerged as the single most powerful person in the DDA, and went to extraordinary lengths to do the bidding of Sanjay Gandhi, as the Shah Commission notes:
“Shri Jagmohan, during the emergency, became a law unto himself and went about doing the biddings of Shri Sanjay Gandhi without care or concern for the miseries of the people affected thereby”.
Around 700,000 people were displaced by these demolitions.
BJP makes a very high hue and cry about the emergency calling it black days in the history of the Indian democracy and always tries to take on Congress whenever they call out the NDA being anti-democracy and all that.
Before I move forward, please make it very clear, I’m in no way trying to defend the Congress. Indira Ghandi didn’t do any good by declaring emergency, people saw worst phase during the emergency but I am here trying to make people aware of the “undeclared emergency ” that we are living in.
The BJP under Narendra Modi is ruling India in a phase of undeclared emergency which is worst and more dangerous than Indira Gandhi’s emergency.
Getting people arrested under Unlawful Activities (Prevention) Act [ULA (P)], NSA, Love Jihad, Anti-conversion law, PSA (in Kashmir) and other sections of the IPC.
Just as during the emergency people beyond religious lines were arrested under different derogatory laws same is happening in today’s time but with slight changes.
If you are a Hindu (associated with the Hindutva gang) and you have committed a crime against a Muslim, you are not supposed to be called an accused because you are a person working for the creation of “Hind Rashtriya” and everything is justified to make that happen.
Lynching is no more considered a crime but an act to save Hindu religion because “Hindus are in danger” in a Hindu majority country, where PM, HM, Defence Minister, Police Chief and every other prominent position is held by Hindus. Still Hindus are in danger.
Demolition is a common thing and it’s proudly called UP model. No notice, No court just a bulldozer comes and bulldozes off whatever Muslim it sees and leaves.
Media censorship works a bit different way in the undeclared emergency. Anything against the opposition has to be deemed true and can go on and on for days but when it comes to government nothing has to be spoken.
Instead of talking about the policies some other thing that can’t be called news is being shown on news channels. People used to watch news for information but now it’s for entertainment purpose only.
The recent paper leak hasn’t created headlines but non BJP ruled states doing any good for Muslims makes headlines. Nowadays media doesn’t need news, now news is created in newsrooms.
The phase of declared emergency was a bit better because major rulings of Courts have come during emergency but we are all well aware of the courts. Except few major rulings nothing other than disappointment has come and is coming out of courts. The case involving Porsche car is known to everyone.
The emergency during Indira's time lasted for 21 months but this undeclared emergency has now been going on for 10 years and still continues.
Time came and Indira Ghandi had to scrap the emergency. She lost the elections held after it. A tribunal was then set up to examine what happened during the emergency and also to punish the people responsible for it. The tables must turn and the same shall happen again.
[The writer, Raqif Makhooomi is a Human rights activist and student of law. Views expressed here are personal.]
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