Arming our laws

Despite intense pressure from the BJP, PM Manmohan Singh has reiterated his belief that India?s existing framework of laws is adequate weapon against terrorism.

Despite intense pressure from the BJP, Prime Minister Manmohan Singh has reiterated his belief that India’s existing framework of laws is adequate weapon against terrorism. Given the insistent misuse of special anti-terrorism laws like the erstwhile Terrorism and Disruptive Activities (Prevention) Act (Tada) and the Prevention of Terrorism Act (Pota), the Prime Minister’s statement reflects the concerns of people who believe that fighting terrorism should not be at the cost of the liberties of the average Indian.

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However, it is also a fact that our security agencies are struggling against heavy odds to curb terrorism. The judiciary finds it difficult to convict those accused of terrorist crimes on the basis of the normal laws of evidence. Terrorists are, by any definition, hardened criminals who will brook no obstacle to achieve their ends. The terror apparatus has become more organised and ingenious and recruits, unlike previously, include Indian youth who not only harbour a strong sense of alienation from the State but are difficult to detect because they blend into the background. Terrorism is not an ordinary crime and almost all democratic countries have felt the need for extraordinary means, including legal weapons, to defeat it. Yet, in almost every country that has sought special legislative authority, there is controversy. The US Patriot Act is seen as negation of American democracy. A measure by Britain to tighten its legislation was defeated by the House of Lords. Both Tada and Pota were repealed after protests over their misuse.