The Madras High Court recently hauled up the police for slapping the Goondas Act on people involved in property disputes. This is alarming because a house owner in our area was locked up under this law after a financial dispute with a big developer. How can a financial dispute become a reason for preventive detention where getting bail is nearly impossible? What exactly is the legal definition of a Goonda, and can the police just use this law whenever they want? What can the family do immediately to get someone out if it is misused?
— Jayasuriya, Tondiarpet
The Act, formally called Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, was enacted in 1982 when MG Ramachandran was the chief minister. It is a preventive detention law and not a penal law, under which an executive magistrate can detain a person in prison for one year. In the cities, the magisterial power is exercised by the Police Commissioner and in the districts by the Collectors. A state-appointed advisory board will review the validity of the order; if it approves, the detention will continue for one year, during which the person will not be tried in any court. The only remedy is to move the High Court with a habeas corpus petition.
In this case, the High Court said the matter was purely civil in nature and does not attract the provisions of the Goondas Act. A majority of such detentions are set aside on the grounds of mechanical application of mind. But the poor people, who can’t afford a lawyer, spend the period in jail. The law was intended to put habitual offenders behind bars. But the police often police use (misuse) it so that an offender does not immediately come out on bail.
We saw school children being used to carry party flags, distribute pamphlets, and shout slogans during the recent election rallies across Chennai. The High Court also made some very strong remarks against this. Even if parents give their consent, is it legally permissible for political parties to use minors for election propaganda and roadshows? If we see candidates employing children for party work in our neighbourhood, where are we supposed to file a formal complaint? Can the Election Commission take strict action like disqualifying the candidate, or do they just get away with a warning?
— Santanam, Thousand Lights
The Constitution of India initially prohibited child labour in factories and other hazardous industries. Later, under Article 21-A, it was made compulsory for a child to attend school up to 14 years, and free education was guaranteed. In case of neglect of a child, the Juvenile Justice Act provides provisions to take away such children and put them in a home for the protection and care of such children. The Children’s Protection Committee can investigate using children in election rallies. But since this comes under the government, no such panel appointed either by the Centre or the State has ever initiated any action. Until such time, the involvement of children in non-academic activities will continue unabated.