17 September, 2004 | BBC
By Jyotsna Singh, BBC correspondent in Delhi
India’s special anti-terror law was brought in by the previous right-wing government of Atal Behari Vajpayee.
The Prevention of Terrorism Act (Pota) was enacted in March 2002 to deal with what the then government described as the new global threat of terrorism following the 9/11 attack on the US, and an attack on India’s parliament in December 2001.
Delhi blamed that attack on Kashmiri militants backed by Pakistan. The Bharatiya Janata Party-led government had the legislation approved at a special joint session of the national parliament after the bill failed in the upper house, where the BJP and its partners lacked a majority.
Use and abuse
Pota has been a controversial piece of legislation. Analysts say it is difficult to know whether the law has been effective in curbing the threat of terrorism, particularly from across the border in Pakistan. There have been allegations that Muslims were being targeted under Pota.
The law has also been a subject of debate for its alleged use or abuse by several provincial governments against political rivals.
One such controversy relates to a regional leader in Tamil Nadu, Vaiko, who was imprisoned for more than a year under Pota for his alleged support of the banned Sri Lankan rebel group, the Tamil Tigers.
Mr Vaiko was among those who had approved Pota in parliament.
He and his southern allies later pulled out of the government
Human rights groups attacked the law for its draconian provisions which they said posed a serious threat to individual freedoms and fundamental rights guaranteed by the Indian constitution.
They said the law gave the authorities unbridled powers to deal with any suspect.
Other main criticisms included:
- Confessions to police could be taken as evidence in court
- Accused could be kept in custody for up to one year without bail
- The accused had to prove their innocence rather than the prosecution their guilt
In the face of criticism by allies and civil rights groups, the BJP-led government decided to give statutory powers to review committees which could be approached by individuals.
But the BJP maintains that withdrawing the law fully would compromise national security. The government says it is possible to safeguard national security with amendments to existing laws. It plans to make changes to the Unlawful Activities Prevention Act of 1967. The proposed changes have not been revealed yet. Meanwhile, human rights groups were guarded in welcoming the withdrawal.
“We are happy at the repeal of Pota,” said Ravi Nair, director of the South Asian Human Rights Documentation Centre, which has been at the forefront of the campaign against the law.
“But we would like to see what the government intends to do by bringing amendments to some of the laws for handling terrorism,” Ravi Nair added.
Source: http://news.bbc.co.uk/2/hi/south_asia/3666716.stm