The Hindu : Opinion / Letters to the Editor : Stronger laws

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Friday, Jan 02, 2009
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Stronger laws

A hasty and apologetic way of enforcement of anti-terror laws in the aftermath of the Mumbai attacks, which triggered a public outcry for the blood of the perpetrators, shows the escapist response and the defeatist policy of the UPA government. Prashant Bhushan’s article, ‘Terrorism: are stronger laws the answer?’ (January 1) shows that laws do not cure crime, justice does. Kudos to the author for illustrating the article with living examples of Israel, where draconian laws are proving counter-productive.

Syed Ali Hashmi,

Hyderabad

There is food for thought in Mr. Bhushan’s article. The amended anti-terror laws may at best serve to further the hands of the police, especially the corrupt and communal among them, who may make good use of the legislation to extract from the suspects in custody the kind of confessions they want. The need of the hour is implementation of the already recommended police reforms which, while freeing the police from the control of politicians, will make them accountable to law. To cure any ailment, the basic cause needs to be found.

K.D.Viswanaathan,

Coimbatore

The amended Unlawful Activities (Prevention) Act is good in parts. The good part is the extended period of 180 days for filing the charge sheet as opposed to the stipulation of 90 days in the Code of Criminal Procedure, 1973. The provisions on the relevance and admissibility of a confession obtained during police custody are atrocious as the probability of misuse of authority by the police officer will be higher. Any innocent person can be tortured to admit to an offence, in violation of Article 20(3) of the Constitution which the Indian Evidence Act has barred u/s 25 and 26. Similar probabilities exist with regard to Section 43A of the amended Act that authorises a police officer to enter and search premises and make arrests on surmises and conjecture. The implementation of the law requires more checks and balances. For the safety of the nation such tough laws are the need of the hour but should be implemented with more circumspection. If not, the country may become Iraq-2.

B.N. Raja Mohamed,

Madurai

The author argues from an extreme position that terrorists willing to die cannot be deterred from indulging in terrorism by any tough or draconian law. Maybe so, but it can prevent others who wittingly or otherwise lend a hand to the terrorists in their designs. Terrorists do not operate in a vacuum. Those who help them may be petty criminals, corrupt officials, sympathisers or disgruntled elements. The mentors of terrorists who mastermind nefarious activities use the actual terrorists prepared to lay down their lives, like weapons of mass destruction. For this they plan meticulously. In the grand design of destruction, apart from the principal actors — terrorists — minor actors play a vital role. It is absolutely essential to deter them with tough laws.

Secondly, tough laws are necessary to help the investigators obtain vital information from these ‘helpers.’ Our criminal law was not specifically designed to do this. That is why it becomes necessary to enact tougher laws.

B.P. Nailwal,

Dehra Dun

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