The Applicable Laws Leading activists and members of organizations representing villagers opposed to the project have been subjected to repeated short-term detention and abuse in custody by police. Most frequently those detained have been held under laws which provide for preventive detention. In many cases, they have been detained for periods ranging from several days or longer without being produced before a magistrate within twenty-four hours, as required under Indian law. Police have also tear-gassed peaceful demonstrations.
Governments have the right to counter any threat to public order.
Human Rights Watch is also aware that some of the charges brought against activists associated with opposition to the Dabhol Power Corporation include acts of violence such as stone-throwing or breaching police barricades. However, examining the state's response to opposition to the Dabhol Power Corporation, Human Rights Watch believes that the state government of Maharashtra has engaged in a systematic pattern of suppression of the rights of freedom of expression and peaceful demonstration coupled with arbitrary detentions, and beatings. In addition, police have consistently failed to investigate or prosecute reports of threats against opponents of the Dabhol Power project and have failed to prosecute the perpetrators of attacks on opponents of the Dabhol Power Project. These actions are clearly violations of international human rights law. The police have also misused preventative detention laws to detain people for the peaceful expression of their views.