Hotline Asia Urgent Appeals -- SUA020325(4)

Reject POTO at Joint Session
~ INDIA ~
25 March 2002

Action Requested || Sample Letter || Background
Please respond immediately (must reach before 29 March 2002)
Update

Summary

The Prevention of Terrorism (POTO) Bill was defeated in the Rajya Sabha (Council of States or upper house of the Indian Parliament) on 21 March 2002. As a result, if not replaced by legislation, the POTO will lapse on 6 April, after the mid-session recess around 29 March.

In its efforts to pass the Bill, the government announced a joint session of the both houses of parliament, scheduled tentatively for 26 March. The efforts being made for such an unusual occasion - the last joint session was held in the 1970's - are a clear indication of its urgency to get the bill passed before the parliament goes into recess.
 
Action Requested

In order to join the call of local Indians against POTO, please write polite letters to urge authorities to :

  1. immediately withdraw the ill-conceived POTO which is easily misused selectively against minorites and;

  2. enforce appropriate ways for law enforcing agencies to catch and convict terrorists instead.

Send letters to:    
H.E. Atal Behari Vajpayee
Prime Minister of India		 Fax: 91-11-3016857
91-11-3019545
Send copies to:    
Ms Mamta Banerjee
National Democratic Alliance (NDA) Partner		 Fax: 91-11-3381280
Mr Chandrababu Naidu
NDA Partner		 Fax: 91-040-234828
Diplomatic Representatives of India in your country.
 

Sample Letter

We are concerned about the Prevention of Terrorism Ordinance (POTO) which the NDA government is trying to bring out as a bill through the joint parliamentary session scheduled on 26 March 2002.

We strongly oppose the manner in which POTO was hurriedly promulgated and re-promulgated and now once again the government is tapping all avenues to push it through as a bill. India is endowed with many good existing laws which can bring the terrorists to account without the POTO. What needs to be worked on is finding appropriate ways for law enforcing agencies to catch and convict terrorists. POTO is a draconian legislation which can and is being misused selectively and so it must go. Reports of its selective use on those responsible for the communal violence at Godhra and not the others who followed in the recent state wide rampage in Gujarat is one clear cut example of misuse.

Hence, we appeal to you once again to kindly withdraw the highly opposed and unpopular POTO.
 

Background

What then will POTO be used for?

The fear is, it will be used selectively against minorities. Less than 48 hours after POTO was passed in the Lok Sabha (lower house of parliament), came reports that the ordinance has been selectively and widely used against Muslims in Gujarat, specifically those involved in the Godhra incident. Sixty people, all Muslims, had been detained under the POTO. However, not one of the over 800 arrested for violence in Ahmedabad and other areas of Gujarat, have been charged under the POTO.

National security is of paramount importance. Without protecting the security of a nation, individual rights cannot be protected. The worth of a nation is the worth of the individuals constituting it. ''The right to fair trial, the right of liberty and security of person, the right to freedom of expression, the right to redress and the right not to be tortured would all be at risk under the POTO,'' is a fear expressed by Amnesty International.

How can India deal with terrorism then?

The National Human Rights Commission says, ''a proper strengthening of the crime investigation and prosecution machinery and criminal justice system is needed. If there are a large number of acquittals today, it is not for the lack of laws, but for the lack of proper utilisation of these laws, lack of proper investigation and prosecution, and lack of adequate number of courts to try the offences. Unless this root problem is readdressed, adopting draconian laws will only lead to their grave misuse."

Sources:

  • Times of India, 25 March 2002
 

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