Sep
23
Indian Government Decides to Repeal Prevention of Terrorism Act
September 23, 2004 | Comments Off on Indian Government Decides to Repeal Prevention of Terrorism Act
The Central Government has decided to repeal the controversial Prevention of Terrorism Act (POTA):
[Home Minister] Patil said one of the main problems with Pota had been that it required the accused to prove their innocence rather than the prosecution to prove guilt….
He said bail provisions under Pota were also very difficult, resulting in long custodial terms for the accused.
Mr Patil said all pending Pota cases would be reviewed by a committee within one year.
Human Rights Watch (HRW) called on the Central Government to also dismiss all pending POTA cases, and release detainees held under POTA. HRW urged the government to examine the use of the repealed Terrorist and Disruptive Activities (Prevention) Act:
TADA was widely criticized for its overbroad scope and the abuses it allowed and was allowed to lapse in 1995. Yet unfair trials continue in several cases and many remain in jail.
The HRW release similarly highlighted India’s other “impunity” laws, such as the Armed Forces Special Powers Act (AFSPA), and practices, such as extrajudicial executions. Protests in Manipur against the AFSPA continue. The protests were ignited by the custodial killing of a 32-year old woman in July.
At the same time, state governments led by the BJP, such as Gujarat, started to draft their own anti-terror laws to fill the “void” of POTA.
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