Omkar Dattatray
On the advice of the then Prime Minister Indira Gandhi, President of India Fakhruddin Ali Ahmed rights were fizzled and Constitution was sacrileged. Citizens and the political parties and their leaders were denied their right of dissent and right of protest and demonstration and thousands of the political leaders and activists were jailed and meted with atrocities.
The kind of emergency which was imposed in the country was unprecedented and has no parallels in the annals of independent history of the country. Part XVIII of the constitution of India allows for a constitutional setup that can be proclaimed by the president of India as a state of emergency, when the consultant group perceives and warns against grave threat to the nation from internal and external sources or from the breakdown of financial crisis. Under Article 352 of the Constitution, upon the advice of the cabinet of ministers which in effect means upon the advice of the Prime Minister, the President can declare emergency in the country and the fundamental rights of the citizens as guaranteed by the Constitution are denied and infringed.
Such an emergency has been declared three times in the history of independent India that is in 1962 during India-China war, second in December 1971 during Indo-Pak war and third proclamation between 25th of June 1975 to March 1977 under controversial circumstances.
This uncalled far and unwarranted emergency was enforced in India for 21 month period from 1975 to 1977 when prime minister Indira Gandhi got a state of emergency declared across the country.
Officially issued by the then president under Article 352 of the constitution because of exaggerated prevailing internal disturbance.
The order bestowed upon the Prime Minister the authority to rule by decree ,allowing elections to be cancelled and all civil liberties were suspended.
For much of the emergency most of the Gandhi’s political opponents were imprisoned and press and right of expression was denied and in fact press was censored.
Several other human right violations were reported from the time, including a mass campaign for vasectomy spearheaded by her son Sanjay Gandhi.
The emergency is the black spot and one of the most controversial periods of Indian history since its independence. Criticism and accusations from emergency era may be grouped as follows-1 Detention of people by police without charge or notification to families. 2 Abuse and torture of detainees and political prisoners. 3 Use of public and private media institutions like national television network Doordarshan, for government propaganda. 4 During the emergency Sanjay Gandhi asked the popular singer Kishore Kumar to sing for congress party’s rally in Bombay, but he refused.
As a result, Information and broadcasting minister Vidya Charan Shukla put an unofficial ban on playing Kishore Kumar songs on state broadcasters All India Radio and Doordarshan from 4th May 1976 till the end of emergency. 5 Forced sterilization was a great atrocity. 6 Destruction of the slum and low income housing in the Turkmen Gate and Jama Masjid area of old Delhi.7 Large scale and illegal enactment of new laws including modification to the Constitution. Thus in fact untold sufferings and atrocities were heaped on the political prisoners and political opponents so that they cannot raise any voice against government. People and political activists were detained in jails without any charge and reason and all fundamental rights were infringed and constitution was not applied in the governance of the country and all opposition was muzzled. Emergency was the most controversial episode which possessed different virus regarding imposition of emergency. Emergency practically suspended the democratic functioning. It was an assault on the democracy and the Constitution. Shah Commission exposed many excesses committed during emergency.
Emergency highlighted some hidden matters over constitutional battle between the parliament and judiciary .Tensions or conflicts had arisen between institution based democracy and popular participation of people.
Terming emergency in 1975 as a black spot on the vibrant history of India’s democracy, Prime Minister Narendra Modi said in Germany that democracy which is in the DNA of every Indian was trampled and suppressed 47 years ago but the people answered in a democratic way all the conspiracies to crush it.
Congress is rightly always criticized for imposing emergency for no cause or reason and Indira Gandhi had paid heavily for imposing emergency in the country and it cost the congress the government and led to Janta Party rule in the country in 1977 with Morarji Desai as the Prime Minister. The Constitution simply mentioned internal disturbance as the reason for declaring emergency.
Before 1975 emergency was never proclaimed on this ground. People had the right to politically protest against the government but this right was taken away by Indira Gandhi by imposing emergency and emergency was her biggest mistake and she is even today criticized for emergency even after her death.
As already said that people had the right to politically protest and Bihar and Gujarat agitations were mostly peaceful and non-violent. Those who were arrested were never tried for any anti national activity.
The Home ministry which is entrusted with the responsibility of monitoring the external situation of the country also did not express any concern about law and order situation in the country.
Emergency is one of the most controversial episodes in Indian politics. Leader Jayaprakash Narayan demanded the dismissal of the congress government in Bihar and gave a call for total revolution in social, economic and political spheres in order to establish what he considered to be true democracy. There was resistance from Sikh organizations to declaration of emergency and they had framed democracy Bachao Andolan to oppose imposition of emergency and suspending of the democratic rights and denial of all civil liberties. RSS also criticized and severely opposed the imposition of emergency by Indira Gandhi government and called it the black spot on the independent history of the country and democracy. Jaiprakash Narayan spearheaded an agitation of all non congress opposition parties and political leaders against the declaration of emergency and at last the Indira Gandhi government gave in Prime Minister Modi in his monthly radio broadcast on Sunday said emergency was a dark era in our countries history when atrocities were committed on those supporting democracy.
Modi said that India is the mother of democracy which holds democratic values and Constitution supreme and therefore we cannot forget June 25 when emergency was imposed on us.
To conclude it can be safely said that emergency was a black spot on the face of Indian democracy and it will inspire the countrymen to always oppose the congress government of Indira Gandhi for declaring emergency in the country 47 years ago on 25th of June 1975 when democratic rights and civil liberties were trampled and let us pray that such a thing should not happen in our democracy and let us protect democracy and fundamental rights of the citizens.
(The author is a columnist, social and KP activist).
