14 September 2008

Special Law For Controlling Terrorism

The pathetic comments of the Union Home Minister hours after the Delhi blasts of Saturday 14th Sep. 2008 are a sharp dagger in the heart of the majority of the hard working and law abiding citizens of India. As usual politics comes to play and its tit for tat when opposing political parties tangle on even national security issues. A Special Anti Terrorism Law that Gujarat, ruled by the BJP, wants is denied by the Union Home Minister, of the INC party. Yet similar law is permitted in Maharashtra which is ruled by a coalition led by the INC. Similar is the case with Rajastan which is ruled by the BJP. This in spite of the recommendation of the National Security Advisor.

There is no doubt that our various police forces are sometimes prone to misuse the extra strong laws that the Special Anti Terrorism Law might permit. This is touted as the reason to prevent some states from having them. This same logic of misuse of powers did not prevent some police officials to conduct 'encounter deaths' with alleged habitual hard criminals. So should the entire police force be dis-armed? Even some Army personnel have been involved in killings of innocent civilians, so would the Union Cabinet recommend to the Army to disarm the forces?

How long must India continue to be seen as a soft state. In every instance of decisive action why does the Government of the day prevaricate and end up with inadequate action. Does the deprivation and subjugation syndrome have to continue for over sixty years. Can you think of one leading country that would not take extreme action and even hot pursuit to protect its citizens? Yes, our human rights record needs to improve, but what about the rights of the victims? Even in prominent crimes of passion, we have the investigation and prosecution agencies failing to come up with water tight cases. The judicial system is slow, complicated, costly and therefore favours the alleged criminal. How do the innocent victims get a modicum of justice? The criminal mind is not going to leave behind clues to help the untrained and poorly motivated investigation officers. It is therefore necessary to restore balance by having stronger laws to counteract the criminals.

Police excesses can be reduced with proper selection and continuous training programs. The whole attitude of the police acting as masters and not servants of the public needs to change first. Where are the programs to address this issue? Is sixty years not enough to revise the Criminal Code and Police Manual entirely? Why cannot the Home Ministry and related Ministries apply their minds to this instead of preventing strong laws which might assist the good officers in doing their duty? Experts must be allowed to act fast and decisively without interferance on sectarian grounds. Empower the citizens who are really the eyes and ears of the security and governance forces. Governance means safety, secuirity, education and health first. Focus only on these for five years. This will restore the confidence of the citizens in both the police and the politicians. Elections are round the corner and the citizens will ponder when casting their votes.

Citizens on their part could arrange 'meet the police' in their neighbourhoods. A monthly chat session will clear the air and help understanding the roles each can play. Citizens must 'participate' in local interaction with their elected and selected representatives. They can push for increasing and improving the strength of the crime and traffic police. Such interactions must also occur with the local Municipal Office and its officers. Citizen participation in the ALM movement and meetings can be used to push for control of illegal activities of any type. Citizens must work for better discipline and law-compliance among themselves.

If the current mantra is 'citizens are the real masters' then the masters themselves must inquire, inspect, investigate, question and give directions for a useful outcome. If we have waited sixty years for good outcome, let us also remember that we are sixty years older and therefore its time to act as 'mature' masters and not wait for mai-baap to set things right.

Could the media and the fifth estate sensitise our politicians and citizens to ACT NOW.
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Here under is what the Newspaper DNA, Mumbai edition, Mon. 15th Sep. 2008 on page-2 under DNA Speak Up has to say ...

Let us have stronger anti-terror laws
How long will India continue to remain a soft state? Where are the anti-terror laws? The police force is prone to misusing anti-terror laws. But there is no denying we need stronger laws in this area. Can you think of one country that would not take extreme action, even hot pursuit, to protect its citizens? Our investigating agencies are no match for the sharp and conspiring mind of a terrorist. It is therefore necessary to restore balance by having stronger laws to counter-act criminals and terrorists.
—Praful Vora
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