New Anti-Terror Laws Draconian, Say Activists by Praful Bidawi (IPS)
"Parliament - meeting under the shadow of the November 26-29 attacks on India’s commercial hub resulting in close to 200 deaths - approved the legislations on Thursday with no considered debate and the ruling United Progressive Alliance (UPA) of Prime Minister Manmohan Singh pushing them past amendments tabled by several parliamentarians.
"One law, the National Investigation Agency (NIA) Act, seeks to establish a new police organisation to investigate acts of terrorism and other statutory offences.
"The other, the Unlawful Activities (Prevention) Amendment (UAPA) Act, radically changes procedures for trying those accused of terrorism, extends the periods of police custody and of detention without charges, denies bail to foreigners, and the reverses the burden of proof in many instances.
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"'The UAPA Act is particularly vile, and will have the effect of turning India into a virtual police state,' says Colin Gonsalves, executive director of the Delhi-based Human Rights Law Network. 'It basically brings back a discredited law, the Prevention of Terrorism Act of 2002 (POTA), except for admitting confessions made to a police officer as legal evidence.'
"POTA was an extremely unpopular law, which the UPA government abrogated upon coming to power in 2004 in response to innumerable complaints of its selective and discriminatory use against India's Muslim minority, and its cavalier and irresponsible application to offences not even remotely connected with terrorism.
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"In its desperation to be seen to be taking a tough stand against terrorism, the Manmohan Singh government also tabled the NIA Bill earlier this week. The new agency will specifically investigate offences related to atomic energy, aviation and maritime transport, weapons of mass destruction, and Left-wing extremism, besides terrorism.
"Significantly, it excludes Right-wing terrorism, which has become a greater menace in India.
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"POTA and its predecessor, Terrorist and Disruptive Activities (Prevention) Act (TADA), were extensively abused. They typically targeted the religious minorities, specifically Muslims, and allowed for their harassment and persecution.
"The TADA story is especially horrifying. Some 67,000 people were arrested under it, but only 8,000 put on trial, and a mere 725 convicted.
"Official TADA Review Committees themselves found the law’s application untenable in all but 5,000 cases. In 1993, Gujarat witnessed no terrorism, but more than 19,000 people were still arrested under TADA.
"Religious minorities were selectively targeted under both Acts. For instance, in Rajasthan, of 115 TADA detainees, 112 were Muslims and three Sikhs.
"Gujarat had a worse pattern under POTA, when all but one of the 200-plus detainees were Muslims, the remaining one a Sikh.
"The passing of the two new laws is certain to increase the alienation of India's Muslims from the state. They have been the principal victims of India's anti-terrorism strategy and activities in recent years.
"Muslims are first to be arrested and interrogated after any terrorist incident, even when the victims are Muslims, and although strong evidence has recently emerged of a well-ramified pro-Hindu terrorist network, in which serving and retired army officers were found to be key players."
See also, on UAPA's predecessors:
Anti-terror laws: Tools of state terror (People's Union for Civil Liberties, March 2007):
"A survey of TADA cases reveals many instances of false arrests, police excesses, and extortion. People were imprisoned under the act for matters entirely unconnected with violent political acts. In 1987, six workers of Reliance Industries Limited in Ahmedabad, Gujarat, were arrested under TADA for legitimate trade union activity."