Monday, February 1, 2016

Dinesh Kamath's Editorial 'India urgently needs to come up with perfect anti-terrorism laws'

India urgently needs to come up with perfect anti-terrorism laws
Gujarat is trying to get the controversial Gujarat Control of Terrorism and Organised Crime Bill, 2015, approved by the President. The bill was first moved by Narendra Modi in 2003 when he was Chief Minister of the State. The bill contains some draconian provisions. The Centre refused to clear the Bill three times when the United Progressive Alliance was in power. The bill has a clause that makes evidence based on interception of communication admissible in court. Many are against this clause.
India’s has been repeatedly experimenting with anti-terrorism laws. The Gujarat law is modelled on the Maharashtra Control of Organised Crime Act, but that does not make it any more acceptable. The Maharashtra law itself has not achieved any remarkable success in curbing organised crime. Such laws can be reduced to a mockery through improper application.
What is necessary are police reforms and de-politicizing the police force and law enforcement machinery so that they can improve investigation efficiency. Central force like CBI is called in to investigate murders which should be solved by local police or CID thus wasting important skilled resources. Why? May be no political party will like police reforms and de-politicizing the police force?
Another question is what happens to an innocent man labelled as a terrorist? That's the part that everyone seems to miss when they get all emotional after hearing the word "terrorism". Every person must be assumed as innocent until proven guilty. A suspect's rights must not be violated just because some cops thought he was guilty - that's the courts' job.
Indian laws, as of now provide ample escape route to law breakers, especially for those, with money and muscle power. Our conviction rate simply proves this, if proofs are required at all. We unfortunately make this pit fall a virtue and celebrate it as an asset and part of liberal democracy. Terrorists feast on this dining table. And the nation bleeds to no end.
We have to simultaneously work on several other fronts that either help or are the root causes of terrorism. These brainwashed and zombie terrorists cannot be reasoned with as they are beyond a point of no-return. They love death and love inflicting most cruel deaths on others too. So, they must be eliminated quickly. They are also adept at brainwashing normal people with their vile and savvy propaganda if they are alive.
Gujarat is a border state. Enemies can enter India through Gujarat. In fact, most of the states in India are "border" with some other country. Even Maharashtra (which is in no contact with other country) got hit on 26/11 by terrorists from neighbouring country. Certain special laws are required for such border locations unlike other states.

Further the current situation warrants that any trouble maker or prospective terrorist should be nipped in the bud. If they all happen to be of one community it can't be helped. Police have to go after them. This is in the larger interests of the nation and other peace loving people.

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