Next from Yogi govt: UPCOCA to tame Muslims?

Last Wednesday, the Yogi Adityanath government, in its state cabinet meeting, approved the draft of Uttar Pradesh Control of Organised Crime Act (UPCOCA) that is pretty much on the lines of Maharashtra Control of Organised Crime Act (MCOCA). The proposed Bill is yet to be introduced in the state legislature in the on-going winter session but questions have started making rounds whether this stringent Act will be used against Muslims.

“What is the need to bring such a draconian act now? Do the IPC and CrPC not have enough teeth to control crime,” Samajwadi Party spokesman Rajendra Chaudhry raised his doubts. “The fact is that the BJP government in the state will use this act as a hammer to punish Muslims,” he told National Herald.

Chaudhry also pointed out a strange paradox that has emerged from the requirement of such an act. The UP government has claimed an improvement in the law and order situation in the state. If that is true, then why is this new act required?

“The new bill is a clear indication that the BJP government has failed to control crime and now, to instil fear among Muslims, it is planning to bring a new act which is harsh,” the SP leader said.

Left parties have also voiced their opposition to the Yogi Adityanath government’s move to introduce UPCOCA, saying it will be misused against opposition party leaders and workers. The CPI(M) state secretariat in a statement on Thursday said that there were enough stringent laws under the prevailing IPC and CrPC and there was no need for any new law.

"By bringing UPCOCA, the BJP government is trying to give a message to the opposition parties that any opposition to the government will not be tolerated," it further said.

State government spokesman Shrikant Sharma said that this act was aimed at controlling organised crime. If some political parties have started opposing it, this shows on whose side these parties are.

“During the SP regime, criminals used to get political patronage. It is no wonder that with change of regime, the criminals have lost that cover. Therefore, SP leaders are feeling hurt,” he said, adding that in the new act, those extending patronage to criminals will also be punished.

Sharma said that the new act would curb organised crime and rein in white-collared criminals. “There would be a provision for initiation of action against people who give patronage to criminals. Besides, the government will be given power to attach the properties of criminals and their associates,” he said, adding that no one, including politicians, would be spared if found to be involved in organised crime.

The provisions of the proposed stringent law have been drafted on the lines of MCOCA, which will include crimes like grabbing of government contracts by using unfair means, grabbing of government land, illegal mining, kidnapping, blackmailing and manufacturing of fake medicines and spurious liquor.
However, the new act will have several riders to protect innocents from being framed. Cases under the new law would only be registered after approval of a committee headed by the Divisional Commissioner and Zonal Inspector-General of Police, besides a state-level appellate authority headed by a retired high court judge. District-level committees, headed by District Magistrates, will also be set up to look into the cases of UPCOCA and they would be required to submit reports to the appellate authority.
The new law will be enforced only after the President of the country gives his assent. Previously, former Chief Minister Mayawati had to eat a humble pie when she had to withdraw the same Bill in September 2008 after refusal of presidential assent.

As the ruling BJP is not in majority in the Upper House, it would be interesting to see how the government manages to get it passed in Vidhan Parishad.