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Parliament Must Lead with Justice and Compassion: MP Er Rashid


New Delhi, April 02 (Scoop News)-Member of Parliament from Baramulla Engineer Rashid delivered a detailed and hard-hitting speech in Parliament, raising serious concerns over overcrowded prisons, misuse of stringent laws and contradictions in the system while participating in the discussion on the Jan Vishwas Bill.

Thanking the House, Baramulla MP Er Rashid said the objective of the bill to decriminalize minor offences and build public trust is welcome. “Perhaps nobody understands this better than me. Our jails are overcrowded and courts are under immense burden. People often blame judges, but what can judges do when they are overburdened? There is no time even to hear bail pleas. Applications for bail remain pending for two to three years,” he said.

Er Rashid pointed out that while lawmakers frame laws, judges end up facing criticism. “We make laws, and unfortunately judges have to bear the consequences. If this bill truly aims to build ‘Jan Vishwas’ or people’s trust, then we must address the contradictions within the system,” he added.

Raising a fundamental issue, Er Rashid questioned the logic of allowing candidates to contest elections from jail but restricting them from attending Parliament after being elected. “I contested elections from jail because the law allowed me. But what kind of law stops me from attending Parliament after being elected? Either make a law that no one lodged in jail can contest elections or if you allow them to contest and win the mandate of lakhs of people, then you cannot insult that mandate by stopping them from attending the House,” he said.

Er Rashid further remarked, “If 20–30 lakh people vote for someone, and you prevent that person from representing them, you are disrespecting the people’s will. I am not saying this for myself. Tomorrow it can happen to anyone in this House.”

He also questioned institutional contradictions, saying, “When Parliament sessions are held, invitations come from the President asking us to attend. But agencies like the NIA stop us. So which institution is supreme? Parliament, the President or investigative agencies? Law cannot be blind to such contradictions.”

Highlighting ground realities, he said the situation in prisons is alarming. “Barracks meant for 100 inmates are holding 400 to 500 people. Many individuals accused of minor offences are languishing in jails for years. If the government is serious about decriminalisation, it must look at these realities,” he said.

Turning to the Unlawful Activities (Prevention) Act, he made a strong appeal to the government. “From Assam to Kashmir, many people booked under UAPA are not hardened criminals. Political voices are also being branded as terrorists. Section 43D makes bail nearly impossible because the accused has to prove innocence. How can someone prove innocence while being jailed for years?” he asked.

He urged the government to amend the stringent bail provisions. “People are spending years and years together and many for decades in jail without bail. Some may die waiting. I request the government with folded hands to revisit Section 43D and make bail accessible,” he said.

Er Rashid also drew a sharp comparison, stating, “We see courts being approached even at night for issues like dogs being relocated, but what about human beings who have been in jail for decades? You care for dogs but not for human beings. Why this silence on those suffering in prisons for years?”

He named several individuals and regions, saying, “People from Kashmir, Assam, Manipur, Punjab are languishing in jails. I am not speaking for myself. This is about all those who have been denied justice.”

He further questioned the continuation of stringent laws in Jammu and Kashmir. “You spoke of ‘one nation, one law’ and ended dual systems, but why does the draconian Public Safety Act still exist? If one law applies to all, then such selective provisions must be reconsidered,” he said.

Raising another concern, he said, “If an alleged crime is committed in Kashmir, why are people shifted to far-off jails like Tihar in Delhi? Keep them in their own state. Do not uproot them and isolate them from their families.”

He also highlighted governance inconsistencies at the grassroots level, citing the issue of stray dogs. “In my constituency alone, 26 children were bitten by stray dogs. Authorities say they can do nothing. There are systems to deal with humans under laws like AFSPA, but no mechanism to control such basic civic issues,” he remarked.

Concluding his speech, Er Rashid made a passionate appeal: “If you genuinely want to win people’s trust, do not limit yourself to cosmetic measures. Address draconian provisions like UAPA, especially Section 43D. Empower judges to grant bail. Ensure people are not jailed endlessly without trial.”

He added, “You cannot claim to be the world’s largest democracy while people continue to suffer like this. Democracy must be experienced, not just claimed”.
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