While the UPA government in India declared an end to the Prevention of Terrorism Act(POTA), it has used draconian amendments of Unlawful Activities Prevention Act (ULAPA) to crack down on dissent within civic society, arresting judges, social activitists and political dissenters.

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As you are aware, the UPA government with much fanfare had declared in 2004 that the much misused and dreaded Prevention of Terrorism Act(POTA) was on its way out. The innocents were to be spared and framed charges dropped while acknowledging that POTA had indeed been used to pick up innocents. However four years down, people continue to be tried under POTA as it was not retrospectively repealed and those booked continue to prove their innocence under provisions that puts the onus on them to prove their innocence.  Worse, the apparition of POTA was left to haunt with most of its dreaded provisions through the Unlawful Activities Prevention Act (ULAPA) which was simultaneously amended and implemented across the country. Today the amended ULAPA is being used to crack down dissenting voices to book journalists, social activists and political dissenters.

While all the states have come under the net of the draconian ULAPA, each state has also gone about introducing their own special Security Acts laws. Jammu and Kashmir and large parts of North Eastern States have already been living under the shadows of the Army for decades now through the Armed Forces Special Powers Act (AFSPA), which allows the Army to unbridled power to the Army, which has been used by them to rape, attack and stage encounters with impunity.

In the other states, the governments in collusion with the police and the administration have clamoured that they need special Security Acts too. Though the Indian Penal Code (IPC) has enough provisions to deal with law and order issues, these Acts are invoked to deny the arrested person bail and extract confession from him, rendering the police with unchallenged potency. These laws then also become convenient to book those engaged in social, economic and political activism. The third Police Commission of India, in the meantime has observed that 60 per cent of all arrests in India even under ordinary laws are unnecessary.
 

In the state of Maharashtra immediately after the lapse of Terrorism and Disruptive Activities Prevention Act (TADA) in 1995—which was used actively in breaking the trade unions in Gujarat besides booking thousands of innocents across the country and under which hundreds continue to be tried and are serving sentence—the state government immediately brought in the Maharashtra Control of Organised Crime Act (MCOCA). While contract killing, extortion, money laundering continues unabated, this law has emerged as one of the most potent tool in the hands of Maharashtra police to threaten and terrorise people.
 


In Chattisgarh, the Raman Singh government armed the state machinery with the power to arbitrarily detain persons, with no remedy of appeal or review for a maximum period of imprisonment of 7 years on any expression or act that the state may deem as disturbing public order, under the Chattisgarh Special Public Security Act 2005. Amongst a host of people arrested under this Act, there are activists including the well known doctor and civil liberties activist Binayak Sen. In Bihar, the Nitish Government has introduced the Bihar Police Act. In Uttar Pradesh, the Mayawati government has recently brought in the Uttar Pradesh Control of Organised Crime Act (UPCOCA). There has already been a spate of arrests of youth from certain religious communities and economic-political activists on arbitrary suspicion under these Acts. In Gujarat, Orissa and other states the police threat extends to staging encounters with impunity.

In the meantime, the Prime Minister has declared Naxalism as the single most threat facing the country. This has been followed by a mad rush by states to prove themselves affected and take a share in the security pie. In the state of Uttrakhand, the Khanduri government has demanded Rs208 crore for this purpose and reinforced the Special Task Force and is all set to bring in yet another state Specific Act. The special security acts violate the democratic rights of the people besides assuming a criminalised citizenry yet new Acts are being introduced in state after state. At this point of time when a fresh lot of special security laws are being framed and noise generated about the need for giving further teeth to such laws, let us come together to review these Acts and their provisions so that we can campaign and create a public opinion against them.

As mentioned the convention is being called on  April 5, 2008 in Delhi  from 2.00 p.m. We are keen to have your participation at the Convention. Waiting for your response.

Forum for Democratic Initiatives