- 5th August marks the 49th anniversary of the day when the dreaded and unconstitutional law MISA was enforced that allowed the government broad powers which included – indefinite preventive detention of individuals, search and seizure of property without warrants, and wiretappings.
- The Shah Commission Report was a comprehensive document that investigated abuses of authority during the Emergency period in India, and the report focused on various aspects of the Emergency, including the suspension of civil liberties, censorship of the press, and arbitrary arrests and detentions.
As the nation marked the 49th anniversary of the imposition of emergency, shocking news has emerged that the Congress party that had imposed emergency from June 25, 1975, to March 21, 1977, tried to bury the Shah Commission Report, which was headed by Justice J.C. Shah, a retired Chief Justice of India. The Shah Commission Report was a comprehensive document that investigated abuses of authority during the Emergency period in India, and the report focused on various aspects of the Emergency, including the suspension of civil liberties, censorship of the press, and arbitrary arrests and detentions.
According to late parliamentarian Era Sezhiyan who was one of the tallest leaders of the Dravida Munnetra Kazhagam and later he joined the Janata Party said, Prime Minister Indira Gandhi after she returned to power in 1980, tried to bury the Shah Commission report from the memory of we the people of India. Sezhiyan[1] said, “On pursuing further, through websites, media reports and biographies of Indira Gandhi, I was baffled at the conclusive declarations on the complete disappearance of the copies of the Shah Commission Report in India,”.
He further added, “There was a positive statement that ‘the third and final report of the Commission seems to have slipped out and is currently held by the National Library of Australia’ which is an indictment on our democracy. Another source was categorical: ‘The only existing copies of the three volumes of the Report are in the School of Oriental and African Studies, University of London’ and how it got there is anybody’s guess.
The Shah commission was tasked with investigating the abuses and violations that occurred during the national emergency. The report condemned these coercive measures and detailed how they were implemented without the consent of the people affected.
However, he managed to save three volumes of this explosive report which is detrimental to the opposition as it has claimed that there is an undeclared emergency under the rule of Prime Minister Narendra Modi. Rajya Sabha Chairman and Vice President of India Jagdeep Dhankhar[2] has now asked the government to explore the possibility of placing an authentic copy of the Shah Commission report on Emergency excesses on the table of the House, as it had investigated the “darkest period of democracy”.
If this report is made public, which the ruling party, the BJP, calls the ‘Samvidhaan Hatya Diwas’[3], it will shed a lot of light on the democratic credentials of the Congress party as some of the ring leaders of the emergency are still around and active in politics.
From June 25, 1975, to March 21, 1977, India experienced a twenty-one-month period of national emergency declared by then Prime Minister Indira Gandhi. During this time, the government ruled by decree, suspending democratic processes such as civil liberties, human rights, and elections. Various groups, including dissenting civil society leaders, marginalized communities, political opposition, intellectuals, and the press, were targeted.
The Shah Commission of Inquiry, led by retired Supreme Court Chief Justice J.C. Shah, was established on May 28, 1977, under Section 3 of the Commissions of Inquiry Act, 1952. The commission was tasked with investigating the abuses and violations that occurred during the national emergency. It submitted its detailed findings on the severe conditions during the emergency in three parts, with the final report presented on August 6, 1978.
Here are some key points from the Shah Commission Report:
- Abuse of Power: The report highlighted how power was concentrated in the hands of a few individuals, leading to widespread misuse of authority. It detailed instances of arbitrary arrests, detentions, and the use of preventive detention laws against political opponents and dissenters.[4]
- Violation of Civil Liberties: The commission documented numerous cases where fundamental rights were suspended. It highlighted the illegal detention of people without trial, suppression of freedom of speech, and censorship of the press.
- Forced Sterilizations: One of the most controversial policies during the Emergency was the forced sterilization campaign led by Sanjay Gandhi, the son of then-Prime Minister Indira Gandhi. The report condemned these coercive measures and detailed how they were implemented without the consent of the people affected.
- Destruction of Slums and Displacement: The report criticized the demolition of slums and the forced eviction of thousands of people in Delhi and other cities. These actions were part of the urban beautification drive, which led to significant human suffering.
- Political Manipulation and Interference: The Shah Commission highlighted how the government machinery was misused for political gains. It pointed out the interference in the judiciary, civil services, and law enforcement agencies to serve the interests of those in power.
- Recommendations: The report made several recommendations to prevent the recurrence of such abuses. These included the need for greater accountability, strengthening democratic institutions, and ensuring the protection of fundamental rights.
The findings of the Shah Commission were significant as they provided a detailed account of the excesses committed during the Emergency. The report was instrumental in shaping public opinion against the authoritarian practices of the time and played a role in the restoration of democracy in India. It must be noted that during the emergency, 1,10,806 persons were arrested, tortured, and detained without trial. There was harsh censorship and severe harassment and employees of state and Central governments numbered 25,962 who were premature because they refused to take illegal orders.
As the opposition harps on caste census and lack of representation of Schedule Caste, Schedule Tribes and Other Backward Class, 1,50,105 roughly built house or shelter usually made of. mud, wood or metal having thatched or tin sheet roofs called jhuggi-jhopris in Delhi were bulldozed without any alternative housing provided. Under the Five-Point Programme of Sanjay Gandhi, wherein coercive tactics were used and forced sterilizations were carried out that would put the Nazis to shame.
The findings of the Shah Commission were significant as they provided a detailed account of the excesses committed during the Emergency. The report highlighted how power was concentrated in the hands of a few individuals, leading to widespread misuse of authority.
It has been nearly five decades since the emergency was imposed by the Congress party due to its poor economic decisions. 5th August marks the 49th anniversary of the day when the dreaded and unconstitutional law The Maintenance of Internal Security Act (MISA) was put in force that allowed the government broad powers which included – indefinite preventive detention of individuals, search and seizure of property without warrants, and wiretappings.
As the opposition and left-liberal forces in and outside of the country call Modi Sic Semper Tyrannis, it must be noted that the Shah Commission report that had conducted exhaustive research and investigation on emergency, it was the Congress-led government that tried to bury the report into the dustbin of History. It is best to end the article by using an excerpt from the book The Emergency: A Personal History written by journalist Coomi Kapoor who wrote, “The National Herald, founded by Jawaharlal Nehru, supported the Emergency throughout, and cautiously removed the quote ‘Freedom is in peril, defend it with all your might’ from its masthead.”
(The author is a freelance writer and has published articles on defence and strategic affairs and book reviews. He tweets @LaxmanShriram78. The opinion expressed is the author’s own)
[1] https://www.news18.com/opinion/opinion-the-report-they-tried-to-bury-the-shah-commission-and-the-emergency-8984025.html
[2] https://economictimes.indiatimes.com/news/india/explore-possibility-to-table-shah-commission-report-jagdeep-dhankhar/articleshow/112039055.cms?from=mdr
[3] https://economictimes.indiatimes.com/news/how-to/1975-emergency-explained-a-look-back-at-indias-dark-days-of-democracy/articleshow/111248087.cms?from=mdr
Balaji is a freelance writer with an MA in History and Political science and has published articles on defence and strategic affairs and book reviews. He tweets @LaxmanShriram78. Views expressed are the author’s own.
Dhruv Ashok 
Aayush Pal