[Reader-list] Are Tougher Laws The Answer?

[Rakesh Iyer]

Dear all

I would like to point out a statement made on the floor of the Parliament by
the Home Minister P.Chidambaram, as the discussion on the anti-terror law
was taking place in the Lok Sabha. He had said that these terror laws would
definitely not help in fighting jihadis, who have no fear of death and who
are ready to die for a cause. This law is being introduced to bring
confidence among the people, that the state is not just sitting idle, as
terror attacks take place throughout the country.

Secondly, just because an anti-terror law is misused doesn't mean that the
law shouldn't be there. This is a completely nonsense argument. The traffic
laws are also misused in our country to a great deal. Does that mean that we
should not have any traffic laws? No, it means that we educate our people
about these laws, ensure that they are strictly implemented, introduce
reforms in our traffic police and provide them incentives so that they can
ensure strict implementation of such laws, and moves like these.

Similarly, just because there are some provisions in any law, which can be
misused, doesn't mean the law must not be there. The way to fight out this
is to ensure that institutions must be created and people must be educated
on the possible misuse of the law, and how to counter it. If that means
police reforms, so be it. If that means courts intervening and punishing
officials who do so, so be it. If that means society has to change its
outlook towards those who are arrested under POTA and then acquitted for
want of any evidence, so be it. But that does not mean repeal of the law.
So, as far as those provisions which can be misused are concerned, this
certainly is the case. Let us stop misuse of the law, not repeal it.

The only argument according to me, which is useful, is whether it's against
the basic tenet of human rights. When a person in USA or England can be
detained for upto a maximum period of 30 days, or even less than that, why
is it required that a person in India be detained till about 180 days, is
beyond comprehension. This is wrong, and hence must certainly be looked at.

Finally, I would say that I am no supporter of anti-terror laws. I
understand it does alienate people from the society they live in. But
certainly, they are not introduced for that purpose itself as they are
supposed to perform, as the Home Minister acknowledges. And one must
understand that, for the UPA has its own compulsions to do so. To be in it's
position, is totally problematic. It has to deal with both Hindutva and
Antulay.

And yes for Pakistan. The Indian Muslim leaders should together release a
fatwa telling the Pakistani Muslims to mind their own business, and that the
justice and redistribution of resources on a fair basis is something the
Indian Muslims can fight for, without requiring any help from Pakistan. And
more importantly, all such terror help from Pakistan must be denounced in
all terms.

Regards

Rakesh Iyer