The Hindu : POTA victims to depose at `people's tribunal'

Online edition of India's National Newspaper
Sunday, Mar 07, 2004

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POTA victims to depose at `people's tribunal'

By Our Staff Reporter

NEW DELHI, MARCH 6. To document POTA cases from across the country, a `people's tribunal' will be organised here on March 13 and 14 by the Human Rights Law Network in association with a coalition of NGOs such as the Madurai-based People's Watch, POTA Virodhi Jan Manch and ActionAid (Gujarat). The Tribunal will hear depositions from victims and their families and expert depositions by eminent lawyers, jurists, academics and activists. Forty-three affected individuals and their families from across the country will depose before a panel of jurists, activists, academics and journalists.

The panel will comprise the Union Law Minister, Ram Jethmalani; a retired judge of the Kolkata High Court, D.K. Basu; the president, People's Union for Civil Liberties, K.G. Kannabiran; the former Chairperson of the National Commission for Women, Mohini Giri; the former Member of the National Commission for Women, Syeda Hameed; the former DGP, Government of Tamil Nadu, V.R. Laxminarayanan; and journalist Praful Bidwai.

In India, the Prevention of Terrorism Act (POTA) has been used in 10 States. In addition to POTA, most States also have `special' Acts with similar provisions. In the past two years, POTA has been used against juveniles, old people, members of minority communities, journalists, members of Dalit and Adivasi communities, women, political opponents and those struggling for socio-economic rights.

Many of these cases have come to light through human rights organisations and their networks functioning across the country. In 2003, a revolutionary Telugu poet, Arvind Babu, was booked under POTA in Andhra Pradesh. Babu was subjected to severe mental torture during interrogation and was pressured into signing a confession statement in which he admitted to having links with the banned People's War Group.

An assessment made by these organisations suggest that of the 240 people arrested under POTA last year, 239 were Muslims and one was a Sikh. Nearly 200 people were arrested under POTA in Jharkhand in February 2002. They included 10 children and an 81-year-old man. In 2002, a case of POTA was slapped on Ropni Kharia, a 17-year-old resident of Toli village in Gumla district, Jharkand. Her crime — she was the sole educated woman in her village and trained women to resist patriarchal oppression.

In another reported incident, Nagendra Sharma, a reporter of a Hindi daily in Palamau was arrested under POTA in February 2002. He had only been covering the activities of the banned organisations. Between April and July last year, the Mayawati Government had arrested 25 Dalits and Adivasis in Sonebhadra district of Uttar Pradesh.

The Supreme Court's judgment had upheld the constitutionality of POTA. While amendments have been brought in with the Prevention of Terrorism (Amendment) Act, 2003 and a Central Review Committee has been constituted, organisers said more ``sincere efforts were necessary to bring the voices of the victims to the forefront.''

``It is critical then that POTA cases from across the country be documented. And in the process, we make a strong case for the repeal of the Act,'' they said.

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