POTA 3.0: India's New Terror Law Shows Old Genes



By Binu Karunakaran


In a country were human rights activists can be incarcerated for
months without bail the introduction of a new 'tougher' anti-terror
law should be no news.

Successive governments and architects of anti-terror laws in India
have shown scant disregard for human rights and lack of vision in
evolving a successful counter-terrorism strategy based on the values
of democracy.

Instead they have focussed their energies in formulating laws that
look like regurgitated versions of one another oscillating between
notions of soft and hard based on which side of the political spectrum
you are.


Experience over the years has shown us that ordinary Indian citizens
do not remain immune from the ambit of such laws sculpted to suit the
agenda of state repression.

The only golden thread is the government statement that an independent
authority will be set in place to review the registration and
investigation of the case registered under the Unlawful Activities
(Prevention) Act (UAPA).

Not much of a concession when you realise the draconian provisions
contained in this piece of legislation enacted in 1967 and infamously
utilised to target PUCL leader Binayak Sen.

Almost all the draconian provisions in POTA except the admissibility
of confessions, in accordance with the Indian Evidence Act, seems to
be back in the amended version of the UAPA posing a serious
credibility problem for India's criminal justice system. When POTA was
allowed to lapse in 2004 everyone thought India was turning a new leaf
in its quest for being a civilised nation. The amendments brought to
UAPA in 2004 showed notable improvements, but a closer scrutiny
revealed that several provisions from POTA were retained verbatim.


The 2008 amendments made to UAPA show that several POTA genes have
been transplanted.

Clauses added to section 43 of the Principal act now blatantly asks
the courts 'to presume, unless the contrary is shown, that the accused
has committed such offence' if evidence suggesting the involvement of
the accused has been found at the site.


Suspects can be detained without bail for up to 180 days (The longest
pre-charge detention period sanctioned by a democracy), the dreaded
special courts of POTA are back and so is the obligation to furnish
information sought by the investigating officer.


The failure to furnish the information called for or deliberately
furnishing false information shall be punishable with imprisonment for
a term, which may extend to three years or with fine or with both.


A suspect spending six months in jail risks not just losing his job
but also the trust of the community, his friends and even the members
of family.

Even if a statute for judicial supervision or parliamentary oversight
of terrorism cases exist, clauses that enable cops to detain suspects
for unusually long periods will inevitably turn legalised instruments
of psychological torture.

India has a long history of detention related human rights abuses and
it is common knowledge that officials often resort to coercing people
into confessions instead of conducting fair and diligent police work.
Long pre-charge detention also facilitates physical torture, because
evidences like body marks are likely to fade away making it difficult
to prove such charges afterward.


These provisions also come in the way of effectively challenging the
ideologies that extremists believe can justify the use of violence. In
the long run they tend to turn counterproductive, as every actual and
perceived acts of injustice will transform into propaganda material at
the hands of terrorists.

According to UK Home Office statistics, 669 out of 1,228 individuals
arrested as part of terrorism investigations between September 11,
2001, and March 31, 2007, were released without charge. It wouldn't be
hard to imagine the scenario in India where people from the minority
Muslim community and Naxal sympathizers are regularly picked up with
impunity, tortured under detention and released without charge.

http://www.countercurrents.org/ karun201208. htm


Muhammad Javed Iqbal
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