New Challenges ≠ Newer Laws

21 May, 2002    ·   749

Sujatha Muthayya says improving the implementation of laws and a changed mindset are vital for ensuring law and order in the country


The violence that erupted in Gujarat after the Godhra incident and, more importantly, the way it has continued unabated, brings into focus the lack of internal stability in our country.  As Gujarat continues to burn, it highlights an old problem and the need to re-examine the answers.  

 

 

The scope for conflict resolution is not the lack of laws or the need to empower the police with greater powers.  The problem lies in the absence of their implementation and breakdown of the system. The times demand a good investigative machinery, effective implementation of the laws in place, and the proper functioning of the judicial system.

 

 

The Prevention of Terrorism Act (POTA), promulgated last December, was promoted as a pre-emptive measure to tackle India ’s security threat from terrorism.  We have an impressive list of existing laws already.  What gives POTA the advantage, of course, are the discretionary powers to pre-empt any threat to stability.

 

 

Experience with the Armed Forces Special Powers Act (AFSPA) in the north-eastern states show that blanket powers to officials do not solve the problem, but leave scope instead for abuse.  Amended in 1972, the AFSPA confers “special powers” on “any commissioned officer, non-commissioned officer, warrant officer or any other person of equivalent powers in the armed forces… if he is of the opinion that it is necessary for the maintenance of public order… after giving due warning... as he may consider necessary… fire upon or otherwise use force, even to the causing of death…” Meant for use in “disturbed areas”, which can be declared so by the Governor of the State or the administrator of that territory, experience shows that the Act has been widely abused.  The AFSPA seeks to be in aid of civil powers in states where conflict have been continuing endlessly.

 

 

According to the NSCN-IM ceasefire-monitoring group, there were 363 instances of ceasefire violations by the security forces between August 1997 and March 2001.  The AFSPA has also prevented the Naga civil society groups from playing their envisioned role in monitoring the ceasefire.  The alienation of civil society from the peace process shows that this law has only hindered the peace process.  Lessons learnt best are from experience.  But the most obvious lesson of the AFSPA in the Northeast is yet to be learnt. State legislation to curb terrorism proves that new laws are not the need of the hour.  The Terrorism and Disruptive Activities Prevention Act (TADA) was unsuccessful with a conviction rate of 2 per cent, leading to more stringent measures being enacted like POTA.  On the contrary, the MCOCA (Maharashtra Control of Organized Crime Act), with a conviction rate at 78 per cent, demonstrates that these laws can be effective with proper implementation.

 

 

Improved crime investigation and prosecution would go a long way to effectively combat domestic and external security threats.  The lack of forensic skills and basic infrastructure makes scientific investigation a distant dream.  Supreme Court rulings in the Niranjan Singh Karam Singh Punjabi vs. Jitendra Bhiwraj Bijjaya case, where acquittals had to be upheld for want of evidence, and in the Vineet Narain case, where the Supreme Court, highlighted the failure of the investigative machinery and urged the state government “to set up a credible mechanism for the selection of police chiefs, stipulating the appointment, tenure and transfer of all officers above the rank of Superintendent of Police,” emphasize that the need of the hour is effective implementation of the laws in place. 

 

 

Strengthening our judicial system would be the final step. Shortage of courts creates delays, underlying the need for more Session’s Courts and appointing Sessions judges who are competent and possess integrity.  The NHRC report had suggested providing training and refresher courses to Sessions judges at the various judicial academies in the states for speedy disposal of cases before them without undermining judicial adjudication.  

 

 

New age terrorism, with its suicide ingredient, operating in a world of vanishing boundaries and multiple communication bases in different jurisdictions, can make POTA ineffective. Improving our investigative machinery and strengthening our judicial system lies at the roots of internal stability.  Not new laws that are anathema to democracy which is enshrined in our Constitution.  Not banning communal outfits in a democratic setup. Changing the divisive mindset that has become a way of life for some, and the means to achieve their political end for others, would mitigate the problem.  That change must come from within and not forced from without.

 

 

Solutions to the problem are with us.  Let the owl of Minerva take flight!  

 

 

 

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