AFSPA, UAPA, MISA, TADA, POTA, MCOCA, CSPSA. Yeah, a whole lot of acronyms. Guess what all of them have in common? Yes, they are all laws which if used properly will undoubtedly bring about a better law and order situation even in the most troubled hotspots of our nation.
Unfortunately, they have one more thing in common - the potential for misuse. And this is what worries human rights activists of not only India, but the world over, mainly because there have been precedents. Who can forget the images of Vaiko being dragged out of his home when he was arrested under POTA on the insistence of Jayalalithaa? That's just the most famous example of gross misuse of power by the state apparatus. First, a brief look at each of the aforementioned acronyms:
* AFSPA - The Armed Forces (Special Powers) Act of 1958, applicable in the "Seven Sisters" (Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya and Assam); was extended to Punjab and Chandigarh during the Khalistani movement, and a modified version, known as the Armed Forces (Jammu & Kashmir) Special Powers Act of 1990 has been in force in J&K since '90.
* UAPA - The Unlawful Activities (Prevention) Act of 1967, which has been amended several times now, the latest amendment being the most controversial.
* MISA - Maintenance of Internal Security Act of 1973, which enabled the Indira and Sanjay Gandhi regime to wreak havoc during the emergency years.
* TADA - Terrorist And Disruptive Activities (Prevention) Act of 1987, the first law to specifically differentiate terrorism from other crimes.
* POTA - Prevention Of Terrorist Activities Act of 2002, the even more repressive successor of TADA.
* MCOCA - Maharashtra Control Of Organized Crime Act of 1999, the most stringent of the state-level acts aimed particularly at controlling the Bombay underworld.
* CSPSA - Chattisgarh Special Public Security Act of 2005, which supposedly enables the state administration to tackle the Naxal threat better.
Among these, the MISA was a mere tool used to detain everyone from opposition politicians to mediapersons, and forcibly sterilize the civilian male. TADA was the showpiece of the '93 Bombay serial blasts case and mostly resulted in evoking a sympathy wave for actor Sanjay Dutt. POTA was immortalized by the Vaiko arrest, as also by its use as a tool by the Hindu nationalist government in banning Islamic organizations and condemning semi-suspects to death left, right and centre. The latest amended version of the UAPA incorporates all the features that made POTA scary. And since UAPA already gives the Chattisgarh government the luxury to brand all suspected Naxal groups as outlaws, the CSPSA (which came in over a year later) is absolutely redundant. MCOCA is as stringent as the others currently in place.
So what makes these acts so stringent? Without going into the specifics, these allow mere suspects to be arrested and detained without chargesheets for indefinitely long periods, denial of bail on production of just an FIR and the authority to search any premise and question anyone without any warrants. Of course the AFSPA takes it a step further - the armed forces have the authority to kill any suspicious person after they have given a warning, a fact that only the dead suspect can confirm. What's more, the forces have full immunity from the law.
Not that this law was really required in J&K - the civilian massacres at Gawakadal, Zakoora and Tengpora, going by the dates, took place when the AFSPA was in the process of being applied to the state; other similar bloodbaths have since taken place in Sopore, Srinagar's Lal Chowk, Bijbehara and Chittisinghpura. What's more, the repeal of a law only ensures that no fresh arrests are made - unless the Home Minister himself approves a fast-track court to take care of pending cases, it does not ensure that the people booked earlier can get back to their routine lives.
Now take the case that, for some reason, did not merit the attention of the Indian media even when, at the 2nd anniversary on May 14th, there was hardly any news of note. Dr. Binayak Sen, a CMC Vellore graduate and the recipient of multiple awards and honours for his work in the extremely backward parts of Chattisgarh, where he has been involved in some or the other with a hospital, an NGO and several community health-care programs; he has also been a social activist for human rights and peace, being involved with the PUCL (founded by JP, who being Indira's prime adversary was ironically detained under MISA).
Having spoken out openly against the exploitation and extermination of the lumpen, especially by the state machinery and the associated anti-Naxal militia of Salwa Judum (which is a clear example of how antibiotics do not work outside the human body), Dr. Sen found himself, within a month, in jail, booked under CSPSA and UAPA for being a Naxal accessory. For two long years, he has been detained without any clear evidence or even a chargesheet - and this is the world's largest democracy. Even though he was ignored by the local media, his arrest has turned the attention of human rights groups and activists as well as several Nobel laureates towards the draconian laws that rule the roost in the most troubled areas of our country.
Draconian. That's the word. Now where does that come from? Oh, it's derived from the name of the first legislator of ancient Athens, who was known for handing out death penalties for minor offenses. What was his name again? Draco. Now where have I heard that before? Ah yes, the evil Malfoy boy from Harry Potter.
Further reading: The Evil Within (The Statesman cover story of sometime back)
PS. Think about it - if all such right-thinking individuals are treated this way for merely voicing their very valid concerns, we bloggers better keep our mouths shut, lest we end up in the big house without even a case to our names. Don't laugh - even if the above laws are not modified to supersede the IT-specific ones, you never know if these suddenly tech-savvy politicos are keeping track of dissenters.
Unfortunately, they have one more thing in common - the potential for misuse. And this is what worries human rights activists of not only India, but the world over, mainly because there have been precedents. Who can forget the images of Vaiko being dragged out of his home when he was arrested under POTA on the insistence of Jayalalithaa? That's just the most famous example of gross misuse of power by the state apparatus. First, a brief look at each of the aforementioned acronyms:
* AFSPA - The Armed Forces (Special Powers) Act of 1958, applicable in the "Seven Sisters" (Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya and Assam); was extended to Punjab and Chandigarh during the Khalistani movement, and a modified version, known as the Armed Forces (Jammu & Kashmir) Special Powers Act of 1990 has been in force in J&K since '90.
* UAPA - The Unlawful Activities (Prevention) Act of 1967, which has been amended several times now, the latest amendment being the most controversial.
* MISA - Maintenance of Internal Security Act of 1973, which enabled the Indira and Sanjay Gandhi regime to wreak havoc during the emergency years.
* TADA - Terrorist And Disruptive Activities (Prevention) Act of 1987, the first law to specifically differentiate terrorism from other crimes.
* POTA - Prevention Of Terrorist Activities Act of 2002, the even more repressive successor of TADA.
* MCOCA - Maharashtra Control Of Organized Crime Act of 1999, the most stringent of the state-level acts aimed particularly at controlling the Bombay underworld.
* CSPSA - Chattisgarh Special Public Security Act of 2005, which supposedly enables the state administration to tackle the Naxal threat better.
Among these, the MISA was a mere tool used to detain everyone from opposition politicians to mediapersons, and forcibly sterilize the civilian male. TADA was the showpiece of the '93 Bombay serial blasts case and mostly resulted in evoking a sympathy wave for actor Sanjay Dutt. POTA was immortalized by the Vaiko arrest, as also by its use as a tool by the Hindu nationalist government in banning Islamic organizations and condemning semi-suspects to death left, right and centre. The latest amended version of the UAPA incorporates all the features that made POTA scary. And since UAPA already gives the Chattisgarh government the luxury to brand all suspected Naxal groups as outlaws, the CSPSA (which came in over a year later) is absolutely redundant. MCOCA is as stringent as the others currently in place.
So what makes these acts so stringent? Without going into the specifics, these allow mere suspects to be arrested and detained without chargesheets for indefinitely long periods, denial of bail on production of just an FIR and the authority to search any premise and question anyone without any warrants. Of course the AFSPA takes it a step further - the armed forces have the authority to kill any suspicious person after they have given a warning, a fact that only the dead suspect can confirm. What's more, the forces have full immunity from the law.
Not that this law was really required in J&K - the civilian massacres at Gawakadal, Zakoora and Tengpora, going by the dates, took place when the AFSPA was in the process of being applied to the state; other similar bloodbaths have since taken place in Sopore, Srinagar's Lal Chowk, Bijbehara and Chittisinghpura. What's more, the repeal of a law only ensures that no fresh arrests are made - unless the Home Minister himself approves a fast-track court to take care of pending cases, it does not ensure that the people booked earlier can get back to their routine lives.
Now take the case that, for some reason, did not merit the attention of the Indian media even when, at the 2nd anniversary on May 14th, there was hardly any news of note. Dr. Binayak Sen, a CMC Vellore graduate and the recipient of multiple awards and honours for his work in the extremely backward parts of Chattisgarh, where he has been involved in some or the other with a hospital, an NGO and several community health-care programs; he has also been a social activist for human rights and peace, being involved with the PUCL (founded by JP, who being Indira's prime adversary was ironically detained under MISA).
Having spoken out openly against the exploitation and extermination of the lumpen, especially by the state machinery and the associated anti-Naxal militia of Salwa Judum (which is a clear example of how antibiotics do not work outside the human body), Dr. Sen found himself, within a month, in jail, booked under CSPSA and UAPA for being a Naxal accessory. For two long years, he has been detained without any clear evidence or even a chargesheet - and this is the world's largest democracy. Even though he was ignored by the local media, his arrest has turned the attention of human rights groups and activists as well as several Nobel laureates towards the draconian laws that rule the roost in the most troubled areas of our country.
Draconian. That's the word. Now where does that come from? Oh, it's derived from the name of the first legislator of ancient Athens, who was known for handing out death penalties for minor offenses. What was his name again? Draco. Now where have I heard that before? Ah yes, the evil Malfoy boy from Harry Potter.
Further reading: The Evil Within (The Statesman cover story of sometime back)
PS. Think about it - if all such right-thinking individuals are treated this way for merely voicing their very valid concerns, we bloggers better keep our mouths shut, lest we end up in the big house without even a case to our names. Don't laugh - even if the above laws are not modified to supersede the IT-specific ones, you never know if these suddenly tech-savvy politicos are keeping track of dissenters.
let's just say that what's meant for the common good can and always will be misused, most blades have two sharp edges.
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