Bihar Assembly passes Special Armed Police Bill: Why the law has sparked protests from the opposition
The primary purpose of the legislation is to create a special armed police outfit tasked with protecting industrial units, important institutions, the metro rail and the airport.
Legislators stage a dharna in the main entrance of Bihar Assembly during Budget session, in Patna, Tuesday, March 23, 2021. | Photo Credit: PTI
Key Highlights
- As per Section 7, the constituted police force reserves the authority to arrest any person without a warrant and on mere suspicion of a threat to a specific installation, person or group
- Opposition leaders have also contended that the bill removes the authority of the courts to take cognisance of the complaints lodged by people who have been arrested by the Armed Police
- The RJD-led opposition has labelled the bill as a piece of “black” legislation
Chaos struck the Bihar Assembly on Tuesday evening as Opposition MLAs protested what they deemed a “draconian” law passed by the Nitish Kumar-led ruling government. Nevertheless, the Bihar Special Armed Police Bill, 2021 made passage through the State Assembly and will now be tabled in the Legislative Council.
The assembly witnessed multiple adjournments as Rashtriya Janata Dal (RJD) leaders shouted slogans demanding that the government withdraw the bill. Speaker Vijay Kumar Sinha was at the centre of the uproarious scenes with some opposition leaders, effectively, holding him hostage by refusing to leave the chamber. Shortly after, the opposition staged a walkout while the bill was passed.
What is the Bihar Special Armed Police Bill?
The primary purpose of the legislation is to create a special armed police outfit tasked with protecting industrial units, important institutions, the metro rail and the airport in a similar manner to the Central Industrial Security Force (CISF). According to some reports, the need for such a force has been determined to protect Bihar's - which is surrounded by Nepal and three states with significantly high Naxal violence – internal security.
However, it is Section 7 of the bill that has sparked controversy. As per Section 7, the constituted police force reserves the authority to arrest any person without a warrant and on mere suspicion of a threat to a specific installation, person or group.
Currently, the district police can arrest anyone but the new legislation will grant even more leeway to the Special Armed Police. Apart from arresting anyone with a warrant or prior information, the force will also be able to search any premises without a warrant as well. “Whenever a special armed police officer has reason to believe that an offence has been committed or is to be committed, he can detain the suspected offender and resort to quick search,” states a provision in the bill.
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Opposition leaders have also contended that the bill removes the authority of the courts to take cognisance of the complaints lodged by people who have been arrested by the Armed Police. As per the bill, the name of the Bihar Military Police (BMP), comprising 21 battalions, will be changed to Bihar Special Armed Police. Any person attempting to provoke or instigate an agitation against the ruling government may be arrested or detained by the Special Armed Police.
Moreover, those who violate provisions in the bill could be subject to punishment amounting to a minimum of seven years imprisonment and a maximum punishment of a life sentence.
The RJD-led opposition has labelled the bill as a piece of “black” legislation. During the assembly session, opposition MLAs attempted to stop Speaker Vijay Kumar Sinha from sitting in his chair, while others hurled the assembly secretary's chair along with other furniture. After the session was adjourned, some videos showed police evicting opposition MLAs from the house while others recorded scuffles between police personnel and legislators.