[sacw] SACW (22 Oct. 01)

[Harsh Kapoor]

South Asia Citizens Wire
22 October 2001
http://www.mnet.fr/aiindex

[This issue of the dispatch is dedicated to the memory of Dharma=20
Kumar the celebrated scholar and economic historian from India who=20
died in New Delhi on the 19th of October 2001. ]

------------------------------------------

#1. Whither United Nations (Ram Puniyani)
#2. The ideological paradox (Imtiaz Alam)
#3. India: Counter-terrorism: War as a communal weapon (Praful Bidwai)
#4. India: The ghost of Ayodhya
#5. India: New ordinance raises concerns (Amnesty International)
#6. India: Human Rights & Mass Organizations of Gujarat condemn New=20
TADA - POTO.

________________________

#1.

Date: Sun, 21 Oct 2001 06:39:39 +0530 (IST)

Whither United Nations

Ram Puniyani

Nothing could have been more ironical than the declaration of Nobel Peace
award for United Nations, when the world is witnessing with horror the
bombing of innocents in the streets of Kabul and Kandahar on the pretext
of smoking out Osama bin-Laden for his unproved crime of attack on the
World trade Center and Pentagon. It is not for the first time that the
United States has launched its 'mission' for destruction of innocents,
apparently to teach a lesson to one or the other of the defaulters of the
World norms. While United Nations whose duty and task it should have been
to prevent the war and to act as the arbitrator in the international
disputes, is being forced to keep its powers in the deep freeze, United
States, the mightiest state, by virtue of its power, is on the prowl to
teach the world a lesson or two in the 'civil international behavior'.
While the UN and its Secretary general are ga ga about their receiving
this much-coveted international accolade in the form of a Nobel, the US
has come to establish itself as the World Emperor making the rules and
implementing them at its whims and fancies.

It will be worth its while to slightly go back in time and to recapitulate
the internationalization of the governance with the world shrinking into a
global village due to deeper integration of economies and cultures. The
communications and transport has reduced the geographical distances to
mere imaginary notions.

In the wake of First World War, the League of Nations, which was formed
had limited mandate and powers. It did make some headway in delineating
the earliest norms for the international behavior. The United Nations, at
the end of second world war, was formed with the explicit goal to save the
succeeding generations from the scourge of war to reaffirm fundamental
human rights and 'dignity and worth' of Human person, in the equal rights
of men and women and of nations, small and large. Its major mandate has
been to prevent war and to establish peace. Its existence has been marked
so far with many an achievements. The first amongst these can be said to
be the very acceptance of the notion of international community. The other
has been to recognize the equality of men, women and Nations. It has done
tremendous and significant work in evolving international standards and
norms for health, labor and Human Rights. At a time it seemed that it is a
logical first step towards the formation of International Democratic
Government.

The Cold war was the period when probably its role could be clearly
discerned and appreciated. It was the period when the Soviet Russia was a
foil of sorts to the might of the United States. As the state controlled
economies could not stand in competition with the free market economies,
the socialist states did crumble like the pack of cards. With this, the
clout of US went up by geometrical proportions. And by and by this super
power started playing the role of the Big brother. In a way it became a
classic case of Cat and mice. During last few years United states has
unleashed different International operations, wars, bombings, resorting to
chemical warfare to kill the innocent civilians to 'protect freedom', to
protect 'Democracy'. Contemporary History is replete with instance after
instance where US has taken cover under the values of democracy and
freedom just to promote its opposite. To promote its economic and
political interests it has promoted dictators and fundamentalist regimes
and outfits day in and day out. To recount some, its role in middle east,
(war between Iran and Iraq), its blind and unconditional backing of
Israel, its butchering of Iraq to protect the Sovereignty of an oil
Sheikh, its role in East Timor, its role in Sudan and lately its attack on
Afghanistan. It is all done to finish off terrorism or some such
phenomenon. Its shortsighted ness is too glaring to be ignored. Not for a
moment there is a thought given to self doubt about what is being done.
Not a though is spared to introspect as to why does terrorism come up in
the first place. Can you eliminate terrorism or other retrograde
phenomenon without addressing the basic injustices, which give rise and
nurture terrorism?

Be that as it is. What has been UN doing in all these? Its role has been
reduced to a mere first aid organization to do the dressing of the wounds
inflicted by this super power in different parts of the world. It has been
reduced to the mere small desk in the State Dept. of US. Is it due to
absence of another power center in the world that can stand unto the might
of US? Whatever that be, the international community can not keep silent
on the demise of the authority of the potential World Govt. Do we have to
wait for the Third World War to wake up to strive to form one more body
which can implement the international norms of relationships? Do we let
the present bullying tactics of US pass? Do we write an epitaph for this
World body when it is receiving the Nobel for its 'achievements'? Is this
Nobel the obituary of UN?

Is it at all possible to reinvigorate the UN on the lines of the potential
World Govt.? Can the mighty be shown reason by those who do not command
any battalions? Its here that we have to take some leaves from the
struggles of Gandhi in taking the might of British Empire. It is here that
the world opinion has to be built up to ban the wars by the states against
the weaker nations. It is here that a world opinion has to be built up to
promote democracy everywhere. It is here that the values of modernity
related to Equality, Liberty and Fraternity are to be recalled at the
practical level. It is a tall order surely. But the protest for peace all
round the world is the nidus of the future world order, which will not
just ditto the mighty in their highhandedness in blindly repeating 'war on
terrorism', which can never be won by the current methods. This war can
only and only be won by working for Human rights and dignity of all the
people. It can be won only by eliminating poverty, hunger, disease and
misery for all. It can be won only by a ceaseless struggle for the Human
Rights of ALL. It can only be won by restraining the powers of those
Nations who in pursuit of their narrow interests are imposing wars or
other highhanded acts on the weak and helpless Nations and people of the
world.

Time that all the Peace Movements, all the concerned and humane citizens
of the world, overcoming their complacency strive to actualize the dream
of the Democratic World Government, the United Nations in its new avatar,
not just worth being given a Nobel but a Noble organization which can
restrain the bullies and can bring in justice to each and every human
being of the world.

(The writer works for EKTA, Committee for Communal Amity, Mumbai)

______

#2.

The News International (Pakistan), 22 October 2001
Monday October 22, 2001

The ideological paradox

Imtiaz Alam

The Muslim world, in general, and Pakistan, in particular, is gripped=20
by an ideological paradox that undermines the alignment of Muslim=20
countries with the West in its war against terrorism. Although the=20
Muslim states, barring few exceptions, have had taken the path of=20
'modernisation'- however contradictory that may have been - they face=20
an ideologically revivalist backlash that has become more pronounced=20
after the cataclysm of September 11. The debate between modernism and=20
revivalism has taken a very distorted turn after Osama bin Laden has=20
so effectively thrown his spanners in the works; with=20
anti-Americanism providing greater refuge to Islamic extremism.

What is quite problematic is that even many of the 'modernists', in=20
their populist anti-American rhetoric, are inclined to join forces=20
with the extreme religious right over what they perceive as=20
'principal enemy'. Ironically, they borrow their ideological arsenal=20
from the erstwhile East-West, Cold War divide while forging a 'joint=20
front against imperialism' with the clergy in its sacred war against=20
the infidels, ie, modern civilisation, in general, and US-led West in=20
particular. In what may turn out to be a very dangerous political=20
gamble, or opportunism, they take comfort in the untenable nature of=20
the fundamentalist project while becoming the tail of a most=20
reactionary revivalism. The ideological paradox is so acute that even=20
many of the so-called organisations of civil society, the NGOs in=20
particular, who are in fact both the practitioners and beneficiaries=20
of neo-liberalism, have also been swayed by 'anti-imperialist'=20
populism. Not to mention the old-time leftists who seek catharsis by=20
venting their frustrated anti-Americanism.

As the ideological compromise breaks up between the clergy and the=20
state wherever it was tenuously sustained in the Muslim world, such=20
as in Saudi Arabia, Pakistan and Sudan, the ideological paradox has=20
become much more pronounced than the modernist authoritarian=20
countries, such as Turkey and Egypt, who had effectively separated=20
the state from religion. In the post-Cold War times, the clergy in=20
the Muslim world has gone through a political metamorphosis posing a=20
serious threat to its benefactors of yesteryears, most importantly=20
the US, the Saudi monarchy and the Pakistani establishment. It has=20
also added a very parochial and divisive dimension to the causes of=20
national liberation movements in the Muslim world, such as of=20
Palestinians and the Kashmiris, helping in fact the forces of=20
occupation and annexation.

The biggest casualty is the nascent democratic movement in many=20
Muslim societies that universally suffer from authoritarianism,=20
segregation of women and discrimination against the minorities. The=20
movement for the democratisation of both the society and state in the=20
Muslim world had to face the greatest disadvantage at the hands of=20
not only the erstwhile rivalry between the two super-powers, but also=20
imperial strategic interests and designs of the current=20
sole-superpower. Even in the new alignment against terrorism, the=20
democratic movement stands to suffer in many of the allied states.=20
Many of its variants, such as most of the components of Alliance for=20
Restoration of Democracy (ARD) in Pakistan, finds it expedient to=20
join with the forces of revivalism, who reject democracy as a=20
political system and undermine nation-state as such, rather than=20
align with the objective ally, the Western democracies.

In a state of frenzy and defiance, many variants, and sects, of Islam=20
have coalesced in the populist, anarchist and adventurist trend of=20
jihad, a fard-i-kaffaya (not compulsory article of faith), that has=20
been alleviated to the level of binding imperative of faith=20
(fard-i-ain). The jihadi trend is unifocal, and sadist, that=20
precludes everything else, including spiritual self-purification and=20
permitted gratification, presupposes destruction of all modern=20
structures and pushes the Muslim world into a sorts of inquisition.=20
It is predicated on the exclusion of all the best intellectual=20
traditions and creative adaptation of Islam to the genius of modern=20
world through the article of ijtehad. A lack of very dynamic movement=20
of reform within Islam for the last many centuries and decline of=20
scholarly reconstruction of religious thought in Islam, has paved the=20
way for the Talian or Wahabi version of Islamic revolution that is=20
insistent upon taking the Muslim world back to the Middle Ages.

Since it presupposes and supports the destruction of all that is=20
modern, it tends to combine the most reactionary elements of the=20
traditional with the theocracy (that Islam in its true spirit=20
abhors). By scuttling the scope of Islam to pre-industrial,=20
pre-modern and authoritarian stages, the Mullas in fact want to=20
consign Islam, that claims to be for all times to come, to what has=20
become history. Even in pure military terms they want to take on a=20
most devastating modern war machine with almost arrows and clubs. The=20
world of Islam is faced with the worst period of its history and may=20
be playing into the hands of those who want to consign it to the=20
Stone Age, thanks to Osama's misadventure and barbaric simplicity of=20
Taliban and their ilk. The model Islamic state, we are told, is the=20
Islamic Emirates of Afghanistan, doomed to destruction, if not Iran=20
who had much oil to subsidise its experimentation.

No doubt many failures of transition from traditional to modern,=20
which is often interwoven and stunted by the ruling oligarchies,=20
marginalising and demonstrative effects of globalisation and, of=20
course, hegemonic designs of a sole-superpower - both illusionary and=20
real - provide impetus to the forces of religious revivalism.=20
However, it doesn't mean that the Muslim world abandons the path of=20
much needed modernisation and democratisation. The modernist course,=20
in all emancipating and rewarding ramifications, has to be pursued=20
while fighting revivalism at every level. The problem is that, as was=20
during all historical transitions from the traditional to the modern,=20
the theocracy always resists, as is the case in the Muslim world. But=20
the struggle between theocracy and democracy, obscurantism and=20
rationalism and modernism and revivalism cannot wait for a reform=20
movement within Islam. It has to be fought now since the history=20
won't wait for our self-clarification or care for our regression.

On the other hand, the West must be ready to let the horizons of=20
freedom and opportunity expand than prohibit or monopolise them. The=20
deep sentiments of frustration and injustice that the Muslim masses=20
are expressing have to be addressed since the present global system=20
cannot simply afford a 'clash of civilisations'. This global village=20
of ours will have to be most pluralistic and represent=20
multilateralism rather than the exclusionary world of one hegemonic=20
power targeted, among others, by suicide squads. The war against=20
terrorism has to be fought, but cannot be won by exclusively=20
attacking the symptoms. If freedom and opportunity are universal,=20
then they have to be shared and strengthened universally.

[...] .

______

#3.

The Daily Star (Bangladesh)
22 October 2001

Counter-terrorism: War as a communal weapon

Praful Bidwai writes from New Delhi
The parivar's equation of Islam and terrorism is insane. A dozen=20
punitive attacks on "terrorist" camps won't wipe out Kashmir's=20
militancy, whose sources are largely domestic. There is no military=20
shortcut to addressing Kashmiri aspirations for democracy, autonomy,=20
justice and peace... India and Pakistan can't have a conventional=20
conflict without risking a nuclear conflagration. Kashmir may be a=20
bilateral issue. But nuclear dangers concern the whole world.

The government could not have hurt democracy and insulted the public=20
more grievously than it did by reappointing Mr George Fernandes as=20
Defence Minister. It has compounded the offence by swearing in Mr=20
Harin Pathak, charged with murder, as Mr Fernandes' junior.

Mr Fernandes quit the Cabinet after Tehelka convincingly exposed=20
serious corruption in arms deals. It also showed his official=20
residence was used to negotiate sleazy contracts.

The original reasons for Mr Fernandes' resignation remain valid. The=20
Venkataswami commission has upheld the authenticity of Tehelka's=20
videotapes.

In democracies, ministers are not meant to wait till their=20
wrong-doing is legally established. The criterion of=20
innocent-until-proved-guilty applies to criminals. Politicians must=20
accept constructive responsibility for wrong-doing in their=20
ministries.

Thus, railway ministers must resign following a serious mishapnot=20
because they personally tamper with fishplates, but because they fail=20
to manage the railways safely with sound procedures. Mature=20
democracies respect constructive responsibility.

A good example is Peter Mandelson's resignation from the Blair=20
cabinet for his indirect role in helping the Hinduja brothers. In=20
India too, C.D. Deshmukh and T.T. Krishnamachary resigned from the=20
Nehru cabinet, accepting responsibility. More recently, Madhavrao=20
Scindia resigned for similar, commendable, reasons.

Constructive responsibility is not some unattainable noble standard,=20
but a basic democratic convention. Such conventions demarcate=20
democracies from banana republics and dictatorships.

The Vajpayee government has contempt for such conventions. It has=20
reduced democracy to a cynical calculus of numbers. Mr Pathak can now=20
strut about giving orders to generalsalthough there is a=20
well-supported case against him of murdering a policeman in uniform=20
during a communal riot.

This is wholesale re-writing of the ground-rules of democracy. In=20
principle, this is indistinguishable from the way Indira Gandhi=20
amended the election law after a High Court held her guilty of=20
electoral malpractice to exempt herself from the law's scope.

Mr Atal Behari Vajpayee is personally responsible for this new=20
assault on democratic sensibilities. It is he who re-inducted Mr=20
Fernandes, claiming there is "no case"despite Section 8-B of the=20
Commissions of Inquiry Act.

Mr Vajpayee brought back Mr Fernandes for three reasons. He was=20
making a nuisance of himself, something the NDA can't afford with=20
elections due in Uttar Pradesh and Punjab.

Secondly, RSS hardliners became increasingly uncomfortable with Mr=20
Jaswant Singh's holding of the Defence portfolio when war broke out=20
in Afghanistan. They think Mr Singh is too soft on the US. The RSS=20
lobbied heavily for Mr Fernandes, exploiting its re-established=20
proximity to Mr Vajpayee.

This again belies the claim that Mr Vajpayee is a "liberal".

The third reason is worse: the BJP plans to up the ante and embark on=20
a military misadventure in Kashmir through Mr Fernandes. Beating war=20
drums could be its sole chance of not losing heavily in UP.

There is pressing evidence for this. The army's "punitive" raids of=20
October 14-15 were timed to coincide with Mr Colin Powell's visit.=20
They were this misadventure's first instalment.

Evidently, the government, frustrated at the attention Pakistan is=20
receiving as America's "frontline" ally, wants to use today's=20
anti-"terrorist" climate to attack the Kashmiri militants through=20
"hot pursuit" and "pro-active" manoeuvres in the Valley.

According to officials, the government reckons it could pull this off=20
without inviting serious reprimand from the US. Right now, the US, it=20
believes, is far too preoccupied with bin Laden to want to restrain=20
New Delhi unless Indian troops cross the LoC.

This might be the BJP-RSS's best chance to stir things up in Kashmir=20
and score points against Pakistan.

A "proactive" stance could at least give the BJP an opportunity to=20
politicise the "war against terrorism", whip up bellicose=20
Hindu-nationalist sentiment, and win the make-or-break UP election.=20
According to the latest Lokmat poll, the party stands to win just 102=20
seats (of a total of 403).

This diabolical military plan is in keeping with the sangh parivar's=20
handling of terrorism. That approach depicts Islam as a militant,=20
war-like, pro-terrorist religion. Thus, sarsanghachalak Sudarshan=20
says that all Muslims may not be terrorists, but all terrorists are=20
Muslims. He is thoroughly wrong.

The sangh approach separates terrorism's context from what's=20
happening in Palestine, Iraq, Saudi Arabia and many Muslim-majority=20
countries. Here, US policy is a critical factor in the repression and=20
dispossession of people who happen to be Muslim.

It is because Israel and Saudi Arabia are America's strongest Middle=20
Eastern allies, and because the US has rained destruction on Iraq,=20
that tendencies like Al-Qaeda find fringe support.

Many people can't make you-are-with-us-or-against-us choices about=20
this war. Lakhs [1 lakh =3D 100000] have marched against it in=20
"Catholic" Italy, "Protestant" America, "Hindu" India and "Buddhist"=20
Korea.

The parivar's equation of Islam and terrorism is insane. A dozen=20
punitive attacks on "terrorist" camps won't wipe out Kashmir's=20
militancy, whose sources are largely domestic. There is no military=20
shortcut to addressing Kashmiri aspirations for democracy, autonomy,=20
justice and peace.

India and Pakistan can't have a conventional conflict without risking=20
a nuclear conflagration. Starting such a conflict through=20
"pro-active" operations spells trouble. Kashmir may be a bilateral=20
issue. But nuclear dangers are not. They concern the whole world.

Finally, the people of India, in particular UP, are not so senseless=20
as to be taken in by the BJP's military ploy. The Afghanistan war is=20
far from popular. It has already caused 300 civilian non-combatants'=20
deaths.

The war could soon degenerate into butchery. That would be extremely=20
unpopular in India.

Demagogues like Mr Fernandes don't sound convincing when they paint=20
China/Pakistan or "cross-border terrorism" as the greatest danger to=20
Indian security and unity, when the real danger is internal. The=20
VHP's October 17 storming of the Ayodhya "temple" shows that.

Mr Vajpayee has to his shame called the episode a "security lapse".=20
As in Kashmir, so in Ayodhyaand with the Lucknow Vidhan Sabha on=20
their mindsVajpayee & Co are playing with fire.

Praful Bidwai is an eminent Indian columnist.

______

#
4.

The Hindustan Times (India)
22 October 2001
Editorial

The ghost of Ayodhya

How many more years will the Justice M.S. Liberhan Commission take to=20
complete its inquiry into the Babri masjid demolition?

This question acquires a serious dimension because various=20
organisations of the Sangh parivar, with the tacit backing of the=20
Rajnath Singh government in UP, are seemingly intent on playing the=20
Ayodhya card to communally polarise the electorate before the=20
assembly elections. As much is evident from the open defiance of the=20
Supreme Court by the VHP leaders and their incendiary speeches. Yet,=20
the first reaction from the Centre was to take the security men at=20
Ayodhya to task. It was only after an uproar by the opposition=20
parties that FIRs were filed against the law-breakers from the VHP.=20
With such double standards being displayed by the ruling BJP, it=20
becomes all the more necessary for the report to be submitted as soon=20
as possible.

The commission was set up by the Narasimha Rao government 10 days=20
after the demolition of the Babri masjid on December 6, 1992. The=20
order clearly stated that it should complete the inquiry "as soon as=20
possible but not later than three months". It is ironical that though=20
set up on December 16, 1992, the commission could begin work only in=20
March 1993. Apart from infrastructural problems, its work was=20
hampered by the delaying tactics adopted by the witnesses and those=20
charge-sheeted for the demolition who included top leaders of the=20
parivar, some of whom are ministers in the current regime.

Then there were other hitches. Uma Bharati suddenly developed amnesia=20
about what happened on that day. Others like Vinay Katiyar and=20
Giriraj Kishore have waxed eloquent on how they care two hoots for=20
the country's laws. Indeed, the commission has been transformed into=20
a political platform for crass communal propaganda. Contrast this=20
with Jyoti Basu's deposition to the effect that in the National=20
Integration Council meeting of November 23, 1992 (which the BJP did=20
not attend), the Narasimha Rao government was given the power to take=20
urgent measures to save the structure. Mr Basu said he had called up=20
Mr Rao on December 4, 1992, warning him that the mosque would be=20
attacked. Nine years later, perpetrators of the crime committed=20
during one of the darkest chapters in Indian history are yet to be=20
booked. To a large extent, they are being helped by the delay on the=20
part of the Liberhan Commission in reaching a conclusion.

______

#5.

AMNESTY INTERNATIONAL

Public Statement

19 October 2001
AI Index ASA 20/047/2001 - News Service Nr. 185
India: New ordinance raises concerns
Amnesty International is concerned at reports that a new ordinance, meant
to grant enhanced powers of arrest and detention to law enforcement
agencies, has been approved by the Union Cabinet and will be presented
within a few days to the President, who has the constitutional right to
ratify it.

The text of the ordinance has not yet been published, but the
organization considers that the procedure chosen for enacting the new text
is a matter of concern in itself. It would bring into existence provisions
of a bill (the Prevention of Terrorism Bill) which was finally not even
considered for discussion in the parliament last year, following sharp
criticism from civil society and the National Human Rights Commission
(NHRC).

The NHRC observed on that occasion that "the main problem facing the
country today related to proper investigation of crimes, efficient
prosecution of criminal trials and delays in adjudication and punishment in
the Courts. However, these problems could not be solved by enacting laws
that do away with the legal safeguards which are designed to prevent
innocent persons from being prosecuted and punished. Nor can the problem be
solved by providing for a different and more drastic procedure for
prosecution of certain crimes, for making confessions before the police
admissible in evidence contrary to the provisions to the Evidence Act, for
raising the presumption of guilt as set out in the Bill, and creating
special Courts. These provisions would seriously affect human rights
guaranteed under the Constitution and violate basic principles of criminal
jurisprudence as internationally understood."

Amnesty International believes that the government's choice to enact =
a
new but apparently similar text through an ordinance, before an opportunity
is given to the human rights movement to discuss it and before it passes
through the scrutiny of the parliament, fails to consider the crucial role
consultation should have in the discussion of any security legislation. It
would also fail to address the concerns openly expressed by different
sections of civil society during the discussion of the Prevention of
Terrorism Bill.

The organization is further concerned to learn through media reports
that the definition of "terrorism" and of "terrorism-related" crimes
contained in the new ordinance may be too vague. In times like these, when
the tense international situation is likely to stimulate debate in the
country, such a wide definition might expose non violent human rights
defenders, minority communities and the media to a discriminatory
enforcement of the new ordinance.

The safeguards reportedly proposed in the new ordinance, including a
shorter time for the confirmation of the First Information Report and for
the period of police remand, and the inadmissibility in courts of
confessions made to an officer below the rank of Deputy Superintendent of
Police would, if confirmed, still not contain the required guarantees to
ensure that any misuse of the ordinance would be quickly redressed.

Amnesty International believes that the current political climate,
when international tensions tend to be reflected within the country, should
not justify the weakening of guarantees for the procedures of arrest,
detention and interrogation and for bail provisions in any security
legislation, in order to protect minority communities, non violent
opposition groups and human rights defenders from any form of
victimization.

On 18 October the organization sent an appeal to the President of
India highlighting these concerns and urging him not to give his consent to
the enactment of the proposed ordinance.

\ENDS

public document
****************************************
For more information please call Amnesty International's press office in
London, UK, on +44 20 7413 5566
Amnesty International, 1 Easton St., London WC1X 0DW web :
http://www.amnesty.org
Last updated : October 19

______

#6.

Date: Sun, 21 Oct 2001 11:32:27 +0530

Press Release
Date: 21-10-2001
Human Rights & Mass Organization of Gujarat condemn New TADA - POTO.
There had been a 800 % rise in reported cases of right violation by=20
armed and para military forces in last one year.
452 complains in year 2000-1, compared to 61 in previous year.
The state with the most TADA arrests is not Punjab,
but Gujarat, a state with no track record of terrorism.

The decision of the Central Cabinet to promulgate Prevention of=20
Terrorism Ordinance (POTO) reflects the High handed attitude of=20
Indian Government to tackle the problems without going to the root=20
causes of the problems and paying scant concern to the misuse of such=20
draconian Acts in past in various states of India. Even before the=20
11th September attacks and the suicide-bomber attack on Jammu and=20
Kashmir assembly in Srinagar, home minister L K Advani had stated in=20
clear terms that suitable changes would be made in the law to protect=20
security personnel acting against terrorist elements from being=20
=91hounded for extraneous reasons=92 This had come in for sharp criticism=20
by human rights organizations and it was pointed out that there had=20
been a 800 % rise in reported cases of right violation by armed and=20
para military forces in last one year. (452 complains in year 2000-1,=20
compared to 61 in previous year). But recent attacks on WTC and in J=20
&K, has given the government an opportunity to push the measures that=20
would curb the democratic rights of citizens without formally=20
declaring emergency and as is our past experience terrorism is not=20
eliminated but people are terrorized by the enaction of such laws.
The so called =91safe guards=92 to the arrested persons are very=20
small compared to the new harsh measures introduced in this POTO. The=20
ban on any organization will now be easier. Provision of the act=20
against a person suspected of hiding information is also having high=20
misuse potential. Provision to attach the property of the arrested=20
person is also a measure that can be misused to harass a person and=20
her/his family. Our 8 years=92 experience with TADA is enough to=20
foretell what is in store for future.
SOME UNFORGETTABLE FACTS
ABOUT THE TADA:
=B7 The state with the most TADA arrests is not Punjab, but=20
Gujarat, a state with no track record of terrorism.
=B7 Over 20,000 cases filed under TADA in Jammu & Kashmir, but=20
none convicted. Out of 20,000 cases filed since the inception of=20
TADA, 11,000 were dropped after preliminary investigation; 2000 due=20
to lack of evidence; 1400 freed on parole and 1500 bailed out.
=B7 In Assam, since 1991, 26,000 arrests have been made under=20
TADA and only 14 persons have been convicted so far. Even now, the=20
authorities continue to arrest any "suspicious person" as if the Act=20
is in force.
=B7 Nearly 5 years after the lapse of TADA, trials are yet to be=20
completed in 4958 cases out of which 1384 cases are still under=20
investigation.
=B7 Persons detained under TADA include:
=B7 a pre-teen child from Udalgiri;
=B7 an Adivasi who has had to walk all the way from Konta to=20
Jagdalpur across the Bastar district for every adjournment;
=B7 a doctor from Warangal charged posthumously;
=B7 a 70-year old widow who complained of police atrocities;
=B7 a 15 year old mentally retarded boy.

When we have a system full of vested interests, where money=20
and muscle power can bend anything, legal system has to be so=20
transparent and full proof that the most powerless is not trapped=20
helpless.
Also any effort to curb democratic rights and to introduce=20
fascist measures should be nipped in the bud itself and a large scale=20
awareness campaign should follow so that people at large should=20
remain in no doubt that unless they are vigilant, their hard fought=20
and won democratic rights can be snatched away at any time.

Dr. Maya Valecha Dinesh Jadav
Inquilabi Communist Sangathan

Kiritbhai Bhatt Tulsibhai Boda
People's Union for Civil Liberties

Anand Mazgaonkar Rajnibhai Dave
National Alliance of People's Movement

Trupti Shah Depali Ghalani
Sahiyar (Stree Sangathan)

Swati Desai Rohit Prajapati
Paryavaran Suraksha Samiti

Thakorbhai Shah Sudhir Biniwale
Vadodara Kamdar Union

Tapan Dasgupta
SUCI

Naginbhai Patel
Communist Party of India (Marxist)

Rajkumar Singh
Communist Party of India

Bhartiben Parmar
All India Democratic Student Organization

Mahendrabhai Jani
Workers Continuing Education Society

Chhogabhai Rathod
Sarvodaya Kamdar Mandal

Jashwantsinh Chauhan Manjoor Salari
Socialist Party (Lohia)

Bhogilal Makvana
Gujarat Kamdar Panchayat

_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/

SACW is an informal, independent & non-profit citizens wire service run by
South Asia Citizens Web (http://www.mnet.fr/aiindex) since 1996. To=20
subscribe send a blank
message to: <act-subscribe@yahoogroups.com> / To unsubscribe send a blank
message to: <act-unsubscribe@yahoogroups.com>
________________________________________
DISCLAIMER: Opinions expressed in materials carried in the posts do not
necessarily reflect the views of SACW compilers.

--=20