The purpose of law should be to uphold fundamental rights and natural justice and not to suspend them. The laws should be just and equitable, and the rights of the arrestee as stated in D. K. Basu vs. State of West Bengal (AIR 1996) must be followed. The main problem with these laws (TADA, POTAetc) was that each law was made in for a specific group or community and which is why it failed in general. The laws should be made keeping in mind that it is to be implemented throughout India.
Indian legislators have been trying to draft a singular law to address all its terror activities, but unfortunately each time such a law is tabled before the parliament, it is not free from politics. The word ‘regime’ used by Mr Ujjwal Kumar in his paper ‘Mapping Anti-terror legal regime in India’ is to show such thugs in power where they embed their political interest in the statutes. The ruling party somehow tries to benefit itself by implementing such a law. The official misuse of such law was the arrest of MDMK MP Vaiko by AIDMK government in Tamil Nadu. A similar case happened in Uttar Pradesh as well, where SAPA’s leader Raghuraj Pratap Singh was arrested by BSP’s government.
Until now there have been three anti-terror laws. POTA, 2002 which got repealed in 2004 and TADA which got lapsed in 1995. UAPA which got amended in 2004 and 2008 has carried forward the provisions of POTA making it a mirror image of these laws.
TADA was enacted with the objective to target a distinct offender. But actually, the political motive behind it was to curb the separatist movement in Punjab and its neighboring state. The law was used as a weapon to target minorities. TADA gave the law enforcing agencies immense power where they could detain anyone up to a year without producing him before the judicial magistrate. The unlawful detention and no proper provision for bail by such an act and the violation of natural justice have altogether made it a draconian law. Even the Supreme Court didn’t acknowledge the problem. TADA was a threat to the security, sovereignty, and integrity of the people. The minorities were so persecuted by these laws that this law came to know as communal and sectarian law.
POTA was preceded by TADA. It was enacted in the wake of 9/11. The laws under it were so stringent that the central government without announcing cause can declare an organization a terrorist organization. No judicial redress was allowed. Since it was formed after 9/11 and based on the resolution passed by the security council of the united nation, it saw Islam as the main center of terrorism. Apart from this, the political party even used it for their benefit where they got the opposition leader arrested.
The UAPA has been misused rampantly, and several controversial arrests have been made under it. Unlawful Activities (Prevention) Act (UAPA) gives the police unaccountable authority to arrest, slap any number of charges, and ensure that the arrested rot in jail as the law roam around the courts. This law even regards it unlawful to supporting a banned ideology.
All these laws have marred the very essence of our constitution which guarantees natural justice.
