Explained: PASA Act in Lakshadweep

Introduction 

Lakshadweep is the union of territory of India. It is famous for their island and lowest crime rate of the state in all over India. This time one thing which we can find easily it is the issue is going on in the Lakshadweep regarding of draft laws introduced by the administrator Praful Khoda Patel. Pasa act is known as GOONDA act as well. Basically this act was enacted for the decrease the crime rate of state. Prevention all the anti social activities which is normally going on in the state. But this act become more controversial because people raise voice regarding this act. But is it necessary to make such act for the prevention of such activities. Because we have already IPC act for the criminal law which is given such provision regarding this activities. And other laws can be applied for this. Other states like Gujarat, Puducherry is also enacted same act but never seen like such issue in other state also. 

Recent issue 

Some issues are going on in Lakshadweep presently one act (PASA) which was passed in January 2021 and become very controversial because of their provision regarding detention of person without any public disclosure. Every person of state is raised questions regarding this act because it is not relevant it is harming the rights of people and the name of the act is prevention of anti social activities, which means control of anti activities in the state and decrease the crime rate also but Lakshadweep is one of the state who is already very less crime rate in India. Pasa act is not one act which is highlighted in this time. Many other draft laws also highlighted. LDAR( Lakashwdeep Development Authority Regulation), LAPR( Lakashwdeep Animal Preservation Regulation). 

Salient features of the act 

1. This act contains 22 sections and in this act definition and procedure is very well define. Which is anti social activities and administrator shall have the right to make advisory board for the person who is doing such kind of activities. This act is in the form of summarized way. And that detention provision is very wide in the act.
2. Administrator (under section-2a) means that administrator of the union territory of lakashwdeep appointed by the president under article 239 of the Indian constitution.
3. Detenu (under section-2i) means a person who is detained under detention order.
4. Activities which is defined in this act- 
   • Depredator of environment – [under section- 2(j)] the person who do such act for commercial and pecuniary benefits commit an offence under any law related to protection of environment or under any law relating to Sand mining from any place of or who commit or abet the commission of offence punishable under any law relating to conversation of forest or wildlife.
   • Cruel person-[under section- 2(e)] means a person who do such act by himself or member of gang and leader if gang habitually do such act or attempt to do such act which is punishable under the act of prevention of cruelty to animals act 1960
   • Cyber offender-[under section- 2(f)] means a person who commits and attempt to do any offence which is punishable under chapter XI of Information Technology Act 2000
   • Immoral traffic offender-[under section-2(m)] means a person who habitually do and abet the offence which is punishable under the suppression of Immoral traffic prevention act 1956
   • Sexual offender-[under section- 2(p)] means a person who commit and attempt to commit any offence under section 354, 354A, 354B, 354C, 354D, 354D, 376,376A, 376B, 376D of Indian penal code 1876 and pocso act 2012.
   • Common gaming house keeper-[under section- 2(r)] means a person who commits or attempt to commit or abet the commission of an offence punishable against the provision of gambling and prevailing in UT of Lakshadweep.
5. Detention provision which is given under section-3 of Pasa act. In this section administrator have the power to make orders for detain that person who is do such activities which is considered as anti- social activities.
6. Execution of Detention order detention order may be executed at any place in Lakshadweep and Execution of the warrant of arrest under the code of criminal procedure 1973.
7. Maximum period for the detention of any person who is doing such activities is one year.
8. (Under section- 9) administrator shall to make advisory board for the necessity of the
   situation.
9. In the advisory board consist one chairman and two other members who are judges of any high court or who are qualified under the constitution of India to be appointed as judge if high court.
10. Conditions of the detention is maintenance, discipline and punishment for breaches of
    discipline.
11. Administrator have the power to give order for the change of the place of detaining
    person.
12. If any person conceals such person whom against order has been passed under section-3 of Pasa act. It can be punishable for 3 months and liable for the fine it can be extent to one thousand rupees.

Was it needed? 

Praful Khoda Patel who is currently the Administrator of Union Territory of Dadra and Nagar Haveli and Daman and Diu and Union Territory of Lakshadweep.1 According to him it was the necessary to made such act for the prevent such kind of activities because Lakshadweep crime rate will be decrease and create more safe environment for the people. Administrator wants to increase the development in the state. The other name of act is GOONDA Act. the other state have also implemented such act for the prevention of anti social activities, name of the state is Puducherry, Gujarat. According to the people of state it was not necessary because it create more fearful atmosphere and people of Lakshadweep raise voice for against this act. If crime rate is already less in Lakshadweep so why such act was needed in the state? And detention provision without any public disclosure it is not right by the people of state. 

Arguments For and Against PASA Act

FOR

PASA Act, which is introduced in January 2021 and become more controversial because of its provision of detention and for the crime rate of Lakshadweep. At this present time, save Lakshadweep word is reflected everywhere because it becomes a huge issue in the Lakshadweep and administrator Who introduced three draft laws in the Lakshadweep LDAR, PASA, LAPR. This detention provision is valid or not? Or is Pasa act really decrease the crime rate of union territory or lakashwdeep ? 

AGAINST 

A petition has been filed by the congress politician KP Noushad ali to challenge the Pasa act. It is the illegal interference in Lakshadweep by the administrator in the form of social, political, cultural.2 According to him it is the violation of constitutional rights of people of Lakshadweep. Lakshadweep is different from the other state of India because in this state count lowest crime rate according to the all over India. Why such act is proposed in the state? It shows the administrator use his excessive power and even not to ask any suggestion from the people and panchayat for the act. 93 former civil servants wrote a letter to prime minister for the Lakshadweep issue.3 These drafts have been introduced without any approval of common consultant and home ministry. They said it is the disturbing development because it affects every part of Lakshadweep. Many people are coming across for the Lakshadweep issue. Because it is wholly affect every scenario of every lives of people. In this present situation people are doing hunger strike for this issue. Hunger strike is basically for the against of this act and for the different drafts which can introduced in the Lakshadweep.4 People is doing this strike under sea and make such banners for oppose such draft laws in Lakshadweep. They said that it is not right thing which government is doing with them. How can be these things change the development and change the state. Already, it is the factor of threatening the people. Alcohol is permitted in the state. And this alcohol for the tourist attraction. Why alcohol is permitted in the state? Alcohol is injurious to health and government give permission for the permission for the alcohol. It shows that it is the biasness which is doing by the government. Different politicians is also raised question regarding this act because everyone is know it is not the right time which is following in the state. Congress politician Rahul Gandhi also wrote a letter to prime minister regarding these issue.5 He said administrator proposed such act without consulting the people and other ministers also. These such act affected the people of Lakshadweep. India is a Democratic country but in the Lakshadweep this democracy is not shown properly. 

Critical analysis 

In the issue of lakashwdeep one thing is shows that judiciary power is becoming very low and police power is become high. It shows like that that state is doing everything. And police have right to arrest that person who is doing such acts which is called as anti social activities. Every decision and justice is done by the administrator of lakashwdeep not by the judiciary. 

Detention provision is the main point which is targeted by the everyone. This provision is not right by the people of lakashwdeep and this detaining thing is suppressing the rights of people. People think like that they suppress their rights and take revenge because we participated in the CAA and NRC bill. This detention provision is highlighted because administrator have right to take order for the arrest that person who will do such act. And also change their place as well. 

Crime rate report analysis- According to the NCRB report in 2019 crime rate of lakashwdeep was 0.68%.6 It is the lowest crime rate in all over the India. Then why administrator enact such act for the safety. It shows properly crime rate is not the issue in lakashwdeep but already issue is that development he wants to more development in the state. But this act is really decrease the crime rate of lakashwdeep. 

Alcohol is permitted in the lakashwdeep is it not injurious to health of people. Alcohol is permitted because it increase the tourist attraction and tourism will increase more in lakashwdeep but if alcohol is show negative result in lakashwdeep so how can be this development continue at least everything should be in a form of balance full. Alcohol is easily permitted by the administrator but these such act which is become huge problem is it not negative. It shows that administrator use his power in excess way. 

Laccadive, Minicoy, and Amindivi Islands were part of Madras Presidency in 1949 and became a UT under the Indian Constitution in 1956 under the same name. It was a Scheduled Area. Parliament had the legislative power to make Regulations. The Administrator appointed by the President under Article 239 of the Constitution has power to make regulations for “peace, progress, and good governance” which overrides the legislative power of Parliament. He can repeal or amend any Act presently applicable to Lakshadweep. The collective name Lakshadweep was adopted for these islands in 1973 and mainland laws have been extended to it since 1965.7 

Former IAS officer and India’s first Chief Information Commissioner Wajahat Habibullah, who has been archipelago’s administrator between 1987-1990. He said that this draft laws which is enacted in the lakashwdeep is it really required for the union territory. He was really active in the small union territory in lakashdweep for the development. He suggested some points for the lakashwdeep development as well. Modern education for the youth and many other job opportunities is really required for the youth who doesn’t want to join their family traditional businesses. Set some refrigerated storage houses to promote fishing, one of the main sources of livelihood for the residents and improving civic amenities.8 

Constitution right is violated in the lakashwdeep of people because it restrict the freedom of people and even they can’t say anything because if they say something they can be easily arrested and this detention provision give the power to the administrator without any public disclosure you can arrest to someone for the 1 year. Article 21 which is the constitutional supreme right. It is the right to life. Life of lakashwdeep people is in form of threatening. 

According to the census 2011 population of lakashdweep 64,429 persons approx. And that many people are Muslims and belong to the scheduled tribe. More than the 93% population are indigenous people. People says that these draft laws are made for the targeted to the people. Other laws also have in the country but why such goonda act is needed for the states. In the criminal law everything is already have but still administrator want to make new acts for the better development of lakashwdeep. In the Indian penal code different types of punishment is given properly for the every act of person. But in the Pasa act one punishment is for all the acts. Punishment would be in a minimize form. In the CRPC every procedure is given but in a different way because it is divided by the situation. This Pasa act forms like rigid act one punishment for everyone who will do such activities. They should be arrested easily.

The main occupation of the people of lakashdweep is fishing, coconut cultivation and coir twisting. The island of lakashdweep is not allowed for the everyone. It should be restricted and anyone want to visit that place so, it should be take permission of the administration lakashdweep. 

In the union of territory of lakashwdeep shows like that dictatorship rule. In our India everyone is free from everything and it can be called as Democratic but with some reasonable restrictions. Dictatorship rule that’s why because administrator rule is become supreme this time. And every decision is taken by the administrator. Praful Patel (administrator) is not taken any approval from anyone. Every politicians is criticized to the administrator because they said it is not right decisions which is taken by the administrator. 

People feel threating in the union territory of lakashwdeep because they feel their rights is violated. And they can’t say anything. But this time in the lakashwdeep they are doing hunger strike for their rights and against of the draft laws. Pasa act is not only in the one act it is enacted in the state. But already different state also enacted same act but other state people never come across for the protest. 

Conclusion & Suggestions 

India is a Democratic country so laws should be made in a favor of public not in a form of against. Everyday is made new laws by the legislature and state amendment also done by the government. But this time many questions is raising because Pasa act which is introduced in the lakashwdeep become issue. That detention provision is harming rights of people. And make the people more negative. In the detention provision punishment could be minimize by the government because this Pasa act give the scenario of rigid law. Rule of administrator praful 

Patel policies and laws become very controversial because he is taking every side of law. Administration is going by the help of administrator and other approval is not necessary for him. If such protest become violent in the lakashwdeep what will be the culprit for that situation so taken action for this situation is very necessary. In every part of India one thing is raised to find some solution for this issue. Government should be take this issue and give some suggestion for this matter. 

References

• http://www.livelaw.in/news-updates/kerala-high-court-declines-to-stay-implementation-of-the-draft-lakshadweep-development-authority-regulation-2021-174814
• https://in.news.yahoo.com/93-former-civil-servants-writes-173224404.html
• https://www.timesnownews.com/india/article/locals-in-lakshadweep-to-go-on-12-hour-hunger-strike-against-praful-patel/767093
• https://theprint.in/india/rahul-gandhi-writes-to-pm-on-lakshadweep-calls-draft-regulations-anti-people-anti-democratic/666535/
• https://ncrb.gov.in/
• https://www.thedispatch.in/lakshadweep-row-whose-concern/
• https://indiatomorrow.net/2021/06/01/new-laws-drafted-for-lakshadweep-not-required-former-lakshadweep-administrator-wajahat-habibullah/

This article has been authored by Mansi Sharma from Kurushetra University.