On 17 September 2004, the Union cabinet of India approved an ordinance for repealing the controversial two-and-a-half-year old anti-terror law, the Prevention of Terrorism Act (POTA), and approved amendments to a "milder" existing law to check terror.

The government has also appointed a central review committee to review all cases brought under the POTA. This review committee was established in December 2003 in response to widespread criticism of abuses under the POTA, but it has not processed many cases. It has been given one year to review all cases.

The POTA was enacted soon after the September 11, 2001 attacks on the United States and the adoption of a United Nations Security Council resolution against terrorism. The legislation allowed security agencies to hold suspects for up to 180 days without filing charges. In practice, the law was often used against marginalized communities such as Dalits, indigenous groups, Muslims, and the political opposition.

In November 2001 and March 2002, Hotline Asia had issued SUA 020325(4) and UA011123(11) to urge for withdrawal of the Prevention of Terrorism Ordinance (POTO). This Ordinance was approved and became POTA in the Joint session of Indian parliment in March 2002.

Sources:
Times of India
www.ndtv.com

On 13 - 14 March 2004, a People's Tribunal was organized in New Delhi to document cases of gross misuse of The Prevention of Terrorism Act (POTA) and other security legislation. The Tribunal was meant to document the crimes committed against the working people, minorities and others by the State in the guise of fighting terrorism.

The all-India report of the People's Tribunal on POTA and other Security Legislations was released in Delhi and Mumbai on 15 July 2004. This 600-page report is the result of a two-day People's Tribunal on POTA and other security legislations. Human rights groups from all over the country participated.

Earlier, the newly formed Indian Government said it would repeal POTA in its "Common Minimum Programme" announced on 27 May 2004. In November 2001 and March 2002, Hotline Asia had issued SUA020325(4) and UA011123(11) to urge for withdrawal of the ordinance (POTO).

Sources:
Hotline India

According to the policy document "Common Minimum Programme" announced on 27 May 2004 by the recently elected coalition, United Progressive Alliance, the Indian government has noted that the Prevention of Terrorism Act (POTA) has been grossly misued. Therefore the policy document promises to repeal it.

The tendency to harass minority has been institutionalized by the draconian POTA. The Act has been used to stifle criticism of the state government and clamp down protest in states of Tamil Nadu and eastern Uttar Pradesh. The Act also targeted minorities such as Muslims and advisasis (indigenous people).

Since late 2001, Hotline-Asia had issued two UAs, namely SUA020325(4) and UA011123(11) to urge for the rejection of the Ordinance, which was later enacted as POTA in March 2002. Instead of establishing the ill-conceived ordinance, Hotline-Asia requested the government to enforce appropriate ways for law enforcing agencies to catch and convict terrorists.

Source:
Hotline Asia - Mumbai

Since the Prevention of Terrorism Ordinance (POTO) was approved and became Prevention of Terrorism Act (POTA) in a special Joint session of the Indian Parliament in March 2002, the fears and apprehensions about it have been confirmed. The governments of Tamil Nadu, Gujarat and Uttar Pradesh have reportedly used the law to settle political and other scores.

The POTA was earlier applied against those accused in the Godhra incident where a train with Hindu pilgrims returning from Ayohya was set on fire. However, the Government had to withdraw it and replace it by an act of Parliament. The State Government was apparently concerned that eight of the 131 accused earlier arrested had secured bail from the local or the Gujarat High Court on various grounds. The use of the POTA appears to be aimed at preventing any further granting of bail in the conspiracy case that rocked Gujarat and in its aftermath, widespread riots took a toll of over 1,000 people last year.

Most of those arrested are either farmers, students or daily wagers. One hundred and fifty-eight of them are being held in the jails.

Declining to provide the exact number of POTA arrests, State Home Secretary J.B. Dubit says the number of detainees is "increasing every day" and "difficult to keep track of." In fact, he justified the arrests of students and farmers.

According to him, most of the arrests have taken place in the Palamu region of the state, where Naxalites from the banned Maoist Communist Centre (MCC) have a strong base. The majority of those arrested under POTA in Jharkhand are Dalits and tribals.

Source:
Times News Network