Guilt by association
Also called: Mere membership doctrine · Topic: Fundamental Rights and Constitutional Remedies · NCERT: Beyond NCERT
Meaning
Guilt by association means punishing someone only because they belong to a group. The State does not have to prove the person did anything violent. In India the question comes up under Section 10 of the Unlawful Activities (Prevention) Act (UAPA), 1967. Under this section, a person who stays a member of a group declared an unlawful association (a group the Centre has banned) can be jailed for up to two years and fined. It matters for exams because it sets freedom of association under Article 19(1)(c) against national security.
Example
In 2011, two-judge benches of the Supreme Court in Arup Bhuyan and Raneef narrowed Section 10. They held that mere membership was not a crime unless the person used violence or urged others to use it. They rejected guilt by association. On 24 March 2023, a three-judge bench in Arup Bhuyan v. State of Assam overruled this view. It held that a person who knowingly stays a member after a ban can be punished, even without proof of violence. The Court also said the 2011 rulings were wrong on procedure, because the Union of India was never heard.
Don't confuse with
- Past membership: the 2023 ruling punishes only people who choose to stay members after the ban is made public. Having been a member before the ban is not a crime.
- Declaring an unlawful association: this is the Centre's ban on the group itself, issued under Section 3 and confirmed by the UAPA Tribunal. Guilt by association is about punishing the individual members.