Mumbai has become a living example of how terrorists can come at their will, kill hundreds of innocents, destroy property worth hundreds of crores, instill a state of perpetual fear in those who manage to survive and thereby blatantly spit on the face of Indian sovereignty, time and again. And the best that we can do is offer condolences for the aggrieved, and wait for the next blast to happen. No doubt, we have attained a state of shameless vulnerability and have almost epitomised it. And that is the reason why since the last few years, the incidence of terror attacks has not only seen an unprecedented surge, but has become increasingly blatant, gory and on the face. It is as if a blast or two a year has almost become an annual ritual. And every such blast also blows away into pieces the resolve that our government had taken during the previous attack – calling it a bold step against terror. And the saga continues...

The matter of the fact is that today, not only do we lack political will and stringent comprehensive laws to counter terrorism, our law enforcement agencies don’t even have a proper clue about the same. So much so, the terrorists are better versed about the loopholes in the existing anti-terror laws and abuse it to the hilt. And why shouldn’t they – not only are our laws old and crying to be updated, but they are also laden with loopholes. In spite of trapping the actual culprits, these laws have been used more to settle political and personal scores. Take for instance the Prevention of Terrorist Activities Act, better known as POTA, which was used by law enforcement agencies more to arrest people who were innocent rather than actual terrorists. The abuse and misuse of the law was so rampant that the law, for sometime, had to be repealed. For the uninitiated, this law was on the lines of UK’s Prevention of Terrorism Act and America’s PATRIOT Act. However, unlike our law, their laws strengthened the anti-terror operations and aided the counter-terrorism cell. 

The same can be reiterated for the Armed Forces Special Powers Act (AFSPA) which, in spite of providing huge strength to counter insurgency operations, failed to reap any fruitful results; on the contrary, the act was seen being abused by police officers in the north-east region of the nation. The next in line is the Terrorist and Disruptive Activities (Prevention) Act of 1987 (TADA). This anti-terrorist law allowed police to prosecute criminals who have testified to their crime. Out of more than 50,000 people detained under TADA (by 1992, after which the law was invoked on only a few occasions), only 0.80 per cent were actually convicted. The new modification made in these laws post 26/11, and introduction of section 43A has, rather than making the law comprehensive, given more power to police forces. Every time we bring a new law assuming in good faith that the police or the army will use it for the right reasons, we see them misusing the same laws with impunity. Each of these laws, therefore, should come with stringent punishments meted out for their misuse as well.   Read More....

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