Our Dear Prime Minister-in-name continues to show his astounding ability to confound us with the quality of his public interaction. On the way to the G8 summit, he made his usual outstanding observations.
It is far from true that POTA is the only means to deal with terrorists. There are many other ways. We will strengthen our intelligence gathering ability and we will look at the security apparatus, both at the Central and state levels to do that,
The common argument against POTA is that even when it was on the statute books, it failed to prevent terrorist attacks. This is supposed to be a serious argument. Laws against murder has been on the books since hundreds of years. I suppose, that should be a call for their repeal too.
India must be the only country where despite hundreds of terrorist attacks, we do not have special laws in place to deal with terrorism. Our antiqued IPC which cannot even punish ordinary murderers is defined as sufficient to deal with the terrorists.
Unfortunately, this is not even about human rights. As someone who implicitly believes in the dictum that not even one innocent should suffer even if a thousand criminals get away, I would be happy to cut some slack in the name of Human Rights. But while Our dear Prime-Minister rules out bringing anti terror laws, the far more draconian Armed Forces Special Powers act remains in the statue books. AFSPA, however can only be imposed in those regions which are classified as disturbed, North East and Kashmir to give examples. So, while we have no qualms about violating their human rights, in the name of Muslim votebank politics, POTA is opposed. But when two of our esteemed ministers think that Hindu terror groups carried out the strike, then why the fear? Should not they want to punish such groups for their crimes? If blowing up 200 folks is a crime, that is.
But what takes the cake is the following:
We have to upgrade our intelligence gathering, upgrade ability to cope with terrorist acts and we have to strengthen disaster management capabilities. So in all this, it is learning by doing,” he said.
We are still learning? After about 20 twenty years of terrorism, only the Prime Minister of a spineless, callous country like India could have made that statement. But when our Intelligence Czar, M.K Narayan is busy using IB for political surveillance, can we expected anything better?
On other fronts, we are threatening not to talk to Pakistan again(reminds me of what I used to do when I was in school) while the PM is off to G8 conference to garner support against terrorism. Dear PM, every country has to fight it’s own battles, America is not going to isolate terrorists for you and neither it is obliged to.
Please stop making a spectacle of this country. We have all heard of Mumbai spirit and its resilience and what not. How mumbaikars chose to go to work as if nothing had happened and by that great act of courage, defeated the terrorists! Shall we not as country show the same resilient spirit and stop pretending we are agitated? So when someone asks about the terror attacks in the G8 conference, how about this response
”Terror attacks, what terror attacks? Boys will be boys and we ”men” will be men”
Before I forget, here is another gem:
Singh held out the assurance that his government will do whatever is necessary to “strengthen our resolve to come out victorious in this war against terror”.
Please stop strengthening our resolve, we have been doing that for 20 years, how about trying to stop the attacks? For a change.
Thanks!
Filed under: Just Plain Weird
This is somewhat off topic:
The common argument against POTA is that even when it was on the statute books, it failed to prevent terrorist attacks.
Contrast this with the insistence of Ministers that we need more reservations since it has not worked (yet). For instance Kamal Nath’s devil’s advocate interview.
But when, over these last 50 years, something is not happening, it is imperative for us to address it. There are many things, which have not happened.
So, we have more of the same.
Confused said “The common argument against POTA is that even when it was on the statute books, it failed to prevent terrorist attacks.”
Wrong!
The common argument is that you can’t trust the state with such draconian powers. Under POTA, the police could arrest you and keep you out of ‘civilized society’ without trial for long periods of time. The police need not even provide a decent justification; a mere suspicion will do. Ask Vaiko, an ardent supporter of POTA.
The corrosive effects of POTA and its predecessor, TADA, are well documented. Their main achievements are to keep a lot of innocents behind bars for no apparent reason at all; the conviction rates (which is an indication of the ‘real’ terrorists arrested under these acts) were abysmal.
Please be careful about what you wish for.
These are some of the myths about TADA/POTA propagated by bleeding heart liberals.
Our human rights record remains dismal, even without TADA/POTA. There are reports that thousands languish in jails for decades without seeing a day in court.
POTA hardly gives anyone authority to detain someone for any amount of time:
(b) after the proviso, the following provisos shall be inserted, namely:—
“Provided further that if it is not possible to complete the investigation within the said period of ninety days, the Special Court shall extend the said period up to one hundred and eighty days, on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for the detention of the accused beyond the said period of ninety days
Other provisions:
1. Only cops of a certain rank can act on it.
2. Only certain areas, specifically metros and sensitive areas
3. Permission and report filing still required
4. There is a proper procedure for appeal
Equating POTA to draconian middle eastern laws is preposterous. Yes, TADA was widely misused, perhaps POTA too, but even current laws are misused.
POTA is invaluable for fast track inquiries as it can cut through bureaucratic crap. Also, it is sort of a multi-agency law that can follow financial trails.
Keep in mind that even without any detention provisions under current laws about 300 were rounded up and likely to be kept in custody for extending period of time. This is potently illegal.
So, we allow illegal detention and let officials act on their whims rather than a well documented and binding procedure which basically allows the same albeit in a more civilized manner.
Rohit
This monologue reminds me of a piece that fleeted across TOC during my conversation with the HR consultant at PWC
When Mr Eliyahu M. Goldratt, the thoughtleader behind Theory of constraints (TOC), which is a process for the effective management of (mainly business) organizations, was approached by the Government of India to indicate one variable that needs to be changed ? he said only one thing- INEFFECTUAL LAW AND ORDER system in India. Both the environment and systems are so flaccid that anything drastic could be done with so much ease. The vast stretch of Indian landscape provides ample space and is magnanimous enough for any kind of intrusion.
How Little Things Can Make a Big difference as in Malcolm Gladwell’s “The Tipping Point” erasing graffiti away from New York subways led the LAW & ORDER system to face reduced crime rate in New York City….can a few of these little things be practiced in the Indian scenario?
Jyo
Sorry to butt in but a few of points:
I view the types of Small is beautiful, Roe Vs. Wade led to reduced crimes (Levitt) etc. etc. with profound suspicion. These ideas usually find their origin in liberal mysticism. Without the benefit of having read Gladwell’s book I can not comment on it but there are quite a few people who believe the law and order improved because of stringent and practical measures taken by the administration. One of them was linking minor offenses to major ones, for instance by searching miscreants who jump the turnstiles, cops were able to confiscate guns on many occasions etc.
Usually small things yield small, if any results. AT present we need a thing called POTA (a nice small acronym by the way) whose impact will be negligible (less then a flutter of a butterfly) for commn people but devastating for terrorist cells.
I bet there is something much deeper behind the reluctance of the government to re-enact POTA. The BJP has even said that the UPA is free to re-enact a new law and call it “SOTA” or whatever – just do it, already. This was said by their spokesperson Prakash Javedekhar on TV.
So, there appears to be no question of losing face over a name.
Everyone of the “security analysts” and “law enforcement” officials on TV wanted a permanent anti-terrorism legislation. The SC laywer KTS Tulsi put it across very well that common criminal laws are not enough to deal with terrorists.
You have seen with what impunity the terrorists kill entire families of “suspected informers”. DO you think any Indian will have the guts to depose against a terrorist suspect ? Remember we do not have a witness protection program in India.
Yes, there may be a price to pay for it. Some, who are associated even peripherally with these terrorists may have to face detention. This is called deterrent !!
I didn’t see PM’s speech nor have I had a chance to read it but I say with absolute confidence that our Home Minister is a total wimpu. Shame!
Oh boy! aint we who showed the world what can be achieved through ahimsa, we will resolve terrorism through ahimsa too, whether it takes 20yrs or 200.
What we need is leaders and all we got is politicians.
“Ask Vaiko, an ardent supporter of POTA.”
Not only was he an ardent supporter of POTA – but he was also the first “victim” to Madam’s whims.
I dont think any society should allow the cops to detain a person without being charged for more than a minimal period and 90 aint cutting it.
I’m not completely aware of the fine print in POTA – but from what I can see it certainly doesnt appear all that appealing.
What happened to the
National Legal Literacy Mission launched by the Prime Minister, in march 2005.
Why just laws to combat terror, we need a big overhaul of the system. and though its boring, unless the laws are effective, no one is going to respect the state..
people get mad when religion is misrepresented, but never when films make a mockery of the legal procedure and the time it takes for a case to be completed..
I don’t think any society should allow the cops to detain a person without being charged for more than a minimal period and 90 aint cutting it.
Once again, wishful thinking. India will come to a standstill if you apply the high standards of human rights and freedom taken for granted in the west. Some examples:
1. As of now, police are heavily profiling Muslims. Almiost anyone with a beard and a cap are being stopped. If this happened in the US, the government might have fallen.
2. Hundreds are being detained without any documentation and will be kept in custody for extended periods off the record.
Do you really believe repealing POTA enhanced human rights situation in India to any extent?
Here is more details on how people languish in jails:
1. Under POTA (or any law as such) a person is detained.
2. If non-POTA, must be chargesheeted within a small period of time. For POTA, max of 180 days.
3. If person gets chargesheeted, trial begins.
4. The accused files for bail.
5. Prosecutors file for rejection of bail.
6. #4 and #5 go on ad infinitum. Add to it stays, delays, judge going on vacation for daughter’s child birth etc. etc.
Since there is no binding factor in concluding a case within a fixed period of time, the person rots in jail. So, POTA or TADA was hardly the cause of detention it is the slow legal process that is the problem. Basically the whole process of chargesheet under ANY law and its objective evaluation is wholly dependent on the efficiency of the legal machinery.
The mass hysteria surrounding POTA is absurd.
Of course, even with POTA not much could be done since a large number of political leaders have already vouched for the innocence of a large number of suspects.
You might ask, if POTA is not going to help as such, why are we demanding it?
Answer:
1. POTA will immediately send shivers down the spines of sleeper cells. In lieu of justice we want to have this minor satisfaction.
2. POTA will let investigators to follow the money trail.
3. POTA would allow police to legally detain a large number of people for 6 months. Tomorrow if new facts come to light, would you want to hear that such an such person had been let go?
4. Admittedly there is a minority friendly (or rather majority unfriendly) government at the center. This is the time we could book the illegal arms sellers, suppliers of gelatine sticks etc. I say jail some traders for 28 years each – no more gelatine baby!
barbarindian
” If this happened in the US, the government might have fallen.”
Have you heard of “Driving while black”. Racial profiling is not uncommon in the US, (even in airports). The only thing is they take care so that it doesn’t appear so. (for eg, adding some small number of american folks to the random frisking list)
“2. Hundreds are being detained without any documentation and will be kept in custody for extended periods off the record.”
Remember “Guantanamo Bay” ?
So even in the west, if it is a choice between national security and actions that offend a few % of the population, the vote is mostly for national security. It is in India we value that few % of the population for its votebank
But yes the law is a must. It is hightime the Govt acts.
@Confused, Nice post again. But it appears you are in your way to be marked and blocked in India
Read this on another blog. Say it ain’t true
—
Around the same time as President Bush visited India, the Congress- and Communist-dominated state legislature of Kerala passed a unanimous resolution seeking the release, on “compassionate grounds,” of a Muslim extremist who masterminded a series of explosions that killed 58 people in the southern city of Coimbatore in 1998. A cabinet minister took his appeasement policy to the absurd level of joint meetings with a look-alike of Osama bin Laden!
– end quote
http://realitycheck.wordpress.com/2006/07/15/what-happens-when-we-actually-catch-em/
http://www.jihadwatch.org/archives/008347.php
You are welcome.
Abi,
Going by the same logic, most people whom rape charges are brought against, are innocent because most of them are acquitted anyway !! Infact, there are almost no people who commit rape in Pakistan because the conviction rates (which is an indication of the ‘real’ rapists arrested) is abysmal !!
Going by your logic, there are no rapists in Pakistan and no terrorists in India. Terrorism, like rape – occurs spontaneously.
You fail to take into account the broken state of law and order in the country, you fail to take into account how destructive terrorism can be to the process of criminal justice in India.
Okie..Read a lot of comments n also your brilliant..Guess I learnt a lot about POTA with this…Comfused..I salute your spirit, this letter is just smashing….The dont talk to Pak, is surely just like school kids, may add girls too!!!
Also, why the hell should Amrica fight our war..Understandably they butt their noses in many of the Mid East countries but thats their interest n getting to be a MORAL JUSTICE for the world is far beyond wht they are and many ppl expect them to come n intervene!
here
Note that the team investigating is the Maharashtra Anti-Terrorist squad (ATS), which is surprising to say the least. I would think that there would be a central agency involved here – this thing goes far beyond Bombay and Maharashtra.