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Finally, MMS-Sonia trip on human rights front
WSN Network

NEW DELHI: Faced with terror attacks, reeling under the inept handling of the Mumbai tragedy and smarting under criticism from the hardcore Hindu ultra nationalist BJP, the Indian establishment and the UPA government of Manmohan Singh-Sonia Gandhi tripped badly on the human rights front.

It has decided to bring in a law that will have all the demerits of POTA and Armed Forces Special Powers Act against which the human rights organisations have been agitating for years.

The same government which had won some goodwill by scrapping the Prevention of Terrorism Act, is now doing what Narendra Modi and his ilk wanted to do: it has gone back to Parliament to ostensibly toughen the anti-terror legal framework, set up a National Investigation Agency empowered to take over probes in terror-related offences across the country but most significantly, the accused will be presumed guilty.

The Congress may even then not reap the benefits as the saffron RSS-BJP are likely to remain ahead in shrill levels and provocative stances leading the urchin crowd of hooligan-as-intellectual variety that is claiming much of the space in Indian media currently.

The Government said further provisions are required to be made in the law to cover various facets of terrorism which are not fully covered in the present law. The Unlawful Activities Prevention Amendment Bill 2008 was introduced in the Lok Sabha by Home Minister P Chidambaram on Tuesday.

The BJP got an opportunity to find POTA even better as Congress lost all credit. India's much brahamnised Left which talks of patriotism and territorial integrity to even defend its stance on economic policy too could back the government.

The new Home Minister was happy to repiort that the new law is "quite a tough version”.  In order to ensure that the police don’t manipulate this law, it will be mandatory for the government to make an independent review of the evidence before sanctioning prosecution of an accused.           

Its definition of a terrorist act includes disruption of essential supplies to any community, damage of any property, attempt to overawe people by use or show of criminal force and attempt to cause death of any public functionary.

It also stipulates a 10-year jail term for anyone who threatens a person to hand over explosives to be used by terrorists, aids in financing to terrorists, and scales down the level of police officers who can conduct searches and arrests under the law from a Deputy Superintendent of Police.

Combined with the National Investigation Agency, the home ministry official said, the twin amendments would negate the limitations of resources and manpower that exists at the state level.

UPA coalition partners had made repeal of POTA an election issue in 2004. The Congress-led coalition delivered on this promise but the security establishment complained it had weakened the anti-terror shield too.

Nearly 6,000 civilian deaths to insurgency, naxalism and terrorism related violence had forced a review within the government. High-profile terrorism in urban locations — 70 blasts and attacks this year alone including the Mumbai attacks, killing 400 — finally forced the Manmohan Singh government to reverse its position.

17 December 2008
 

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