Dec
17
In a pole conducted by CNN-IBN today, the people of India, if I may say so, have agreed to decreased human rights in the country for a stronger anti-terrorism law. The UPA government in the centre has played to the popular demand and has passed a new law today, the much anticipated “Unlawful Activities (Prevention) Amendment“ bill.
The government, in order to hide its intelligence and military failures have added a legal modification which will be much published in newspapers and broadcasted in TV channels, but will not help in capturing any terrorist(For law never catches any criminals, enforcers do), but may result in harassment of many people.
police_brutality011
Indian population can be divided broadly in three classes, the lower class who is bothered with local issues and food and cloth prices, a middle class that is bothered with the job sector and the tax-rate along with food and cloth price, the price of cars and computers and an upper class, which is mostly concerned with economic reforms. All three vote for the same candidate in the election although their expectations from the legislator grossly vary.
Yet all three classes are grossly unaware of their rights as citizen, as a human being, as a part of the state.
The lower class is the most ignorant of all, and a daily labor from Assam does not bother about the incident of Mumbai, but he would just add that the Muslims must be exterminated. The middle class feel that they are the most aware of all the three classes and the moral burden of the country rests upon them, and they are the defining and the determining factors in government policy. Mostly their reaction has been almost the same as that of the daily labor, though they have presented it in a more coherent manner. They have demanded extermination of Pakistanis. The upper class, as always has remained aloof, and I could not contact any for comments, though it seems they are more worried about the stock slump then anything else.
In such a democratic country where legislators are elected on various bases ranging from cast to free gifts, it is not unexpected that government will be devoid of vision. In addition, the subjects of the government are yet to understand what human right is.
A representative from BJP who was speaking in the said broadcast commented,” terrorists are not human, and hence, are devoid of any rights”. It appears that all have forgotten that principle that unless convicted, all are innocent, and the burden of proof lies with prosecutor. The government, through this act, has reversed it, and now, you or me, who ever is framed by a terror charge will have to prove our innocence, rather than the state proving us guilty. So it is quite possible that number of fake encounters and ill-informed police assaults will go high.
fake encounter
The act also increases the days that police can keep one in custody without filing a charge sheet has been doubled, and as can clearly be seen is a clear infringement on human right. We all know how the police works, isn’t the police itself is not a terrorizing force? Nevertheless, the people of India are happy to cheer such a law because the government has proved to them that the country is on war, and war requires drastic measures. The problem I face here is that, we are facing an enemy without a face, and the war may last for a generation. It has lasted almost throughout my life. What am I being asked to sacrifice?
The response of the mass shows near resemblance to jingoism or unawareness to what it is cheering. The cause of terrorism is being forgotten, and the people are praying for a stronger state, a dominant military, restricting laws. Indian populace already has a curtailed horizon; it is prepared to sacrifice the little it has.
The cause of this reaction lies in the fact that Indians, mostly are unaware of the system they are in. They do not understand neither do they think about what is next.
A knee-jerk response is the only sort they are capable of. The commoner thinks the strategies are best left to experts, economics to economists, thinking to philosophers. In addition, philosophy is a much ridiculed subject today. The Indian education system is still producing one-dimensional professional, like the days of British-raj, who are not thinkers, or reformers. The entire country lacks education and character.
To add something different, as reported in a Bengali daily, one man was waiting under trial for murder for seven or so years, because there was lack of magistrates in the court where he was to be tried. Therefore, now this man demands that he be either tried or set free, as he as effectively served many years without trial. To this, a magistrate replies, he must submit a petition before the court for acquittal. The man gets mad and begins to slam his head on the bars. Sadly, the magistrate did not file a case for attempted suicide.
In a country with such a judicial history, along with the history of Emergency, imagine what laws like POTA and UAPA can do.
Suppose, you own a licensed gun and you are a Muslim, and there is a terror attack like Mumbai. You take out your gun for self-defense, and now police catches you with it. Now, you are caught at the scene of crime with a weapon in hand, and you are Muslim. Therefore, you spend six months in custody, and are subjected to torture, and after all this, you have to prove you were taking this action as self defense. In POTA, if the police after subjecting you to third degree framed a statement of confession, than it could have been used against you. That is what BJP wants. The UPA has given you some liberty, but in a backhand, it admits, its police are worthless, and can not carry out a proper investigation, so, you end up proving your innocence.
The government intends to use this law during riots too. In an occasion like Gujarat, where the whole state machinery was involved in destroying a particular community, this law can be used and the entire process can be legalized by police and the state. The Indian citizen was vulnerable to terrorism from groups before, now he is vulnerable to state terrorism too. Liberty lies outraged, and the citizens of world’s largest democracy cheer the act.
A government is the most dangerous threat to man’s rights: it holds a legal monopoly on the use of physical force against legally disarmed victims. ~~Ayn Rand
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1 viewsNo Responses to “India, heading towards state terrorism”
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asit dhal Says:
December 18th, 2008 at 11:51 pmThis is my favorite blog…..
U have clearly focused on the flip side of our system. Its not the law or police that sucks. Its the bureaucracy, the politician that sucks. In fact out of 1 billion people, we lack a Obama or kenedy.
Pa Says:
December 20th, 2008 at 3:05 amJust like the post above me, this blog is one of a few of my favorite things. Disagree (like the 2nd half of this post) or agree (the 1st) it gives books in its one page post to think about.
“The government has proved to them that the country is on war, and war requires drastic measures.”
Woefully, this invokes Goring’s quote which, even more woefully, holds too much water to be built on bullets… I’ll post just an excerpt of it..
“The people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same way in any country.”
“Sadly, the magistrate did not file a case for attempted suicide.”
A laugh -after- reading this sentence, but a tear -while- reading.
renegade_division Says:
December 20th, 2008 at 4:42 amWe lack Obama and Kennedy?? Are you kidding me?? We are a nation of Obamas and Kennedys. God knows what makes you think that Obama is any good.
Obama offers the EXACT Same thing as Indian politicians offer to its people. Same bullshit about Change and Hope, and HE IS going to eliminate poverty(and you don’t have to do anything), and remove the corruption from DC blah blah blah.
Fisherman Says:
December 20th, 2008 at 1:20 pm@ Asit
Yes, we lack Obama, Kennedy, possibly John Galt too. :)
The country does not need a shepherd, it needs its sheep to turn in to people. It needs people to understand and act, not to react.
Most of the Indians/Pakistani receive filtered/altered information about things that concern the state, and this is not limited here, it is universal.
Both the national parties are playing populist cards, and the intention of this post is to address the people, to whose tune the government is dancing.
The government, the politicians can be bashed, always, they do nothing good, ever. But, is the Indian population ignorant, or just ignorant by choice?
rejoy Says:
December 20th, 2008 at 9:16 pmi found myself nodding in agreement while reading this post… it would be a good idea to give suggestions to the readers on how to remain knowledgable on current matters… well, in a way you are doing a good job there too… (thumbs up)
Incognito Says:
December 27th, 2008 at 12:42 am“The country does not need a shepherd, it needs its sheep to turn in to people”
Agree with Fishermans’ comment above.
However, do not agree with his comments below.
” In an occasion like Gujarat, where the whole state machinery was involved in destroying a particular community”
The Nanavati Comm Report seems to indicate otherwise.
“In POTA, if the police after subjecting you to third degree framed a statement of confession, than it could have been used against you. That is what BJP wants.”
Are you sure …? how?
“Now, you are caught at the scene of crime with a weapon in hand, and you are Muslim. Therefore, you spend six months in custody, and are subjected to torture, and after all this, you have to prove you were taking this action as self defense. ”
Did POTA make distinction between Muslim and others ?
Do we have open minds or blinkered vision, or is it the general fog of prejudice?
Why is there no riot in Gujrat in the past seven yrs ?
Instead that state seems to be the most prosperous.
I hope you will be able to get rid of the bitter poison of prejudice and see human beings as human beings. and not as Muslim or a BJP man.
Fisherman Says:
December 27th, 2008 at 11:35 amThe Bjp wants POTA, and that is what is to be understood from the line. And of course BJP wants POTA, with all the probabilities. Are you sure it opposes POTA?
The POTA does not distinguish, but it gives enough room to those who does. That is the point of objection. Laws like those can easily be misused, and have and will be misused, always. It is giving more power to the powerful.
“Why is there no riot in Gujrat in the past seven yrs ?”
What does this prove? Justice have been done? or appropirate measures were taken? PLease explain.
Yes mate. Human beings are human beings. But they do have their class identities. When muslims/hindus are being killed on the basis of religion, you have to address the issue, no use being ‘Pseudosecular’(Favourite term of saffron brigade) then :P
Nanavati Commission fails to prove involvement of Government parties, and its verdict is not decisive as yet. There has not been a consensus on the report, and a part of the report is still to be published, i suppose.
But, there was a statement from then Prime minister about ‘Raj dharama’ being not followed in Gujarat. I just wonder what made the primeminister say that.
The objection here is to social right wings, give it any name.
Siddharth Ranjan Says:
December 29th, 2008 at 10:24 ama good article :)
filing a harassment order in court | Digg hot tags Says:
December 30th, 2008 at 3:14 am[…] Vote India, heading towards state terrorism […]
The Impasse of Democracy—Voting is NOT a solution, it is a Killer | Reason for Liberty Says:
December 31st, 2008 at 7:51 pm[…] out the problems, but there is nothing substantial coming out with a shape. On the name of change, we have a draconian law UAPA now in procedure while there is no discussion over the right of self-defence for every citizen, the gun right. […]