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Book of Integration Council New - Ministry of Home Affairs

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organizations affiliated to a national political party are engaging in spreading<br />

communal disharmony, disunity and hatred? The pattern <strong>of</strong> this entire campaign<br />

suggest that there is unholy conspiracy to polarize people on communal lines, to<br />

foist an atmosphere <strong>of</strong> fear and terror and to create confusion in the minds <strong>of</strong> the<br />

people by repeatedly charging that this Government is s<strong>of</strong>t on terror.<br />

When the UPA Government came to power, we agreed on an agenda <strong>of</strong><br />

Governance which laid down certain commitments. The misuse <strong>of</strong> TADA<br />

and POTA in the past had provided us with enough lessons to commit that the<br />

draconian legislations with vast potential for misuse <strong>of</strong> power have no place<br />

in a democratic country which swears by governance through the rule <strong>of</strong> law.<br />

We wanted terrorism also to be tackled by a strong law that does not<br />

harass or victimize innocent people, a law that is not used to settle personal<br />

political or sectarian scores. And, therefore, we repealed POTA and strengthened<br />

existing legislations. TADA and POTA had miserably failed in their<br />

avowed objective <strong>of</strong> preventing terrorism in this country. Unfortunately, the<br />

debate about terror legislation has become mere political sloganeering with<br />

little concern about effective enforcement <strong>of</strong> existing laws. Today, the country<br />

is asking how many convictions took place under POTA, how many terrorist<br />

strikes were prevented, did we eliminate fake encounters, did we not settle<br />

political scores by invoking provisions <strong>of</strong> POTA??? My friends from Tamil<br />

Nadu are sitting here. They will bear testimony to how an important political<br />

figure there was incarcerated under POTA and this is not an isolated example<br />

<strong>of</strong> misuse <strong>of</strong> the Act. We are not a dictatorship, we are not under Martial Law<br />

and we are not a police State. In a mature democracy, extra-judical powers<br />

with a license to violated human rights cannot be given to anyone. Example<br />

<strong>of</strong> USA is <strong>of</strong>ten cited for enactment <strong>of</strong> tough terror laws after terror strikes <strong>of</strong><br />

2001. But I want to ask the advocates <strong>of</strong> POTA - have there been any reports<br />

<strong>of</strong> misuse <strong>of</strong> such powers in that country? Have they not sent a US citizen to<br />

life imprisonment within one year <strong>of</strong> killing an innocent sikh? We have to<br />

reach that level <strong>of</strong> accountability and maturity before enacting legislations like<br />

POTA. I fully agree with Shri Moily, Chairman <strong>of</strong> Administrative Reforms<br />

Commission, who has recommended that such legislations should be brought<br />

only after the Police reforms are fully implemented.<br />

When we talk <strong>of</strong> national integration, we have to become specially<br />

cautious about the nefarious designs <strong>of</strong> certain organizations who follow a<br />

divisive and disruptive agenda. Violence in Orissa and Karnataka has been<br />

aided, abetted and conduted by the activists <strong>of</strong> Bajrang Dal and Vishwa Hindu<br />

112

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