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Using a Brahmastra (UAPA) Against a Sparrow

In a democracy, praising the government is as natural as criticizing it. The right to question those in power is part of the fundamental freedoms guaranteed by the Constitution. Treating everyone who exercises that right as an enemy, portraying their words as a threat to national security, and invoking harsh laws against them is contrary to the very spirit of democracy. The recent use of the Unlawful Activities (Prevention) Act (UAPA) against YouTuber Ravan in Andhra Pradesh has sparked a nationwide debate. No matter how strong or controversial a person's remarks may be, using the most stringent legal weapon against them reflects not the strength of democracy but the intolerance of those in power.

The purpose of the Unlawful Activities (Prevention) Act (UAPA) is to protect the unity and sovereignty of the nation and to prevent terrorist activities. This law is fundamentally different from ordinary criminal laws. Obtaining bail under UAPA is extremely difficult. An accused person may remain in prison for a long time even before the trial is completed. That is why it is often criticized with the phrase, "The process itself becomes the punishment." If such a law is invoked against people merely for political criticism, social media comments, or criticism of government policies, it raises serious questions about the misuse of the law.

In recent years, there has been growing criticism that stringent laws such as UAPA and sedition have increasingly been used against poets, writers, artists, folk singers, stand-up comedians, university professors, YouTubers, independent journalists, and political commentators. Such concerns have been raised not only by opposition parties but also by former judges, legal experts, and human rights organizations. According to various reports, the conviction rate in UAPA cases remains very low, while many of the accused spend years in prison before securing bail. Even if they are eventually acquitted, their personal lives, families, livelihoods, and social reputation suffer irreparable damage. In this context, the criticism that the law punishes people even before a conviction, because the process itself becomes the punishment, has gained increasing force.

Criticizing the government is not sedition. Equating the government with the nation is dangerous for democracy. Governments come and go through elections, but the Constitution, democracy, and the nation are permanent. Criticizing government decisions does not mean opposing the country. On the contrary, criticism is one of the strongest safeguards of democracy. Without the freedom to expose the mistakes of those in power, corruption, abuse of authority, and authoritarian tendencies are bound to grow stronger.

In recent times, there have been instances in several states where multiple cases have been registered against the same individual in different police stations, and where, immediately after obtaining bail in one case, another case is filed to keep the person in custody. Legally, every case may have its own circumstances. However, repeatedly filing cases based on the same incident or similar remarks merely to harass an individual is widely regarded by legal experts as being against the spirit of justice. Such practices also risk undermining public confidence in the legal system.

In a democracy, the police are expected to serve the Constitution, not the government. Every law enforcement officer must function independently of political pressure. Before invoking a law as stringent as UAPA, authorities must carefully determine whether the alleged act genuinely involves terrorism or poses a real threat to national security, or whether it is merely strong political criticism. Otherwise, the credibility of the law itself will ultimately be weakened.

Political leaders, too, must use their authority not to suppress criticism but to respond to it. In a democracy, the answer to criticism should be another argument—not a criminal case. If false allegations are made, defamation laws already exist. If there is hate speech, the Bharatiya Nyaya Sanhita (BNS) contains appropriate legal provisions. But equating every political criticism with terrorism amounts to distorting the very purpose of the law.

At the same time, social media activists, YouTubers, and political commentators must also recognize their responsibilities. Although the Constitution guarantees freedom of expression, that freedom is not unlimited. Personal abuse, baseless allegations, incitement to violence, and the spread of false information are also harmful to democracy. Criticism must be based on facts and exercised responsibly. Public trust is earned not through sensationalism but through credibility.

In this entire issue, the judiciary has the most crucial role to play. The Supreme Court and the High Courts have, in the past, delivered several landmark judgments protecting personal liberty and constitutional rights. Legal experts and civil society organizations have long demanded clear judicial guidelines to prevent the misuse of stringent laws such as UAPA. There is also a pressing need for the Supreme Court to lay down clear standards regarding the practice of registering multiple cases against the same person on similar allegations. Such guidelines would not obstruct legitimate investigations, while at the same time protecting citizens from the misuse of legal processes.

Democracy grows stronger not through fear, but through dissent. If governments accept criticism as public feedback rather than hostility, governance will improve. If the police act with constitutional integrity, respect for the rule of law will increase. If political leaders show tolerance, democratic culture will become stronger. If the media and YouTubers practice responsible criticism, public trust will grow. If the judiciary firmly protects civil liberties, the Constitution will become even more vibrant.

Using a "Brahmastra against a sparrow" in a democracy is not a sign of strength; it is a sign of intolerance and inefficiency. The answer to the people's questions is not the threat of harsh laws but transparent governance. Governments may create temporary silence by suppressing criticism, but that silence is dangerous to the health of democracy. The Constitution survives only when questioning voices are protected. Democracy breathes in its true sense only when space is preserved for dissenting opinions.

More By  :  Prof. Dr. K. Ram Kishore


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