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NEW DELHI, March 26: A controversial new anti-terrorist law was forced through by the Bharatiya Janata Party-dominated government on Tuesday during a rare joint session of the Indian parliament.
A total of 425 MPs voted for the Prevention of Terrorism Ordinance (POTO), which the opposition says is draconian, ignores fundamental human rights and could be used against Muslims.
At least one key ally in the BJP-led coalition government, the Trinamul Congress, did not take part in the vote, while 296 MPs voted against. It was only the third joint session of the Indian parliament since 1947.
Last week, the Lok Sabha (lower house) approved the bill, but it was rejected by the Rajya Sabha (upper house) three days later.
The government’s response was to call the first joint session of parliament for 23 years, knowing that it could count on a comfortable majority once the votes of both houses were merged.
During nearly 10 hours of stormy debate the government insisted the bill was needed in the interests of security, especially following the Sept 11 attacks in the United States, an attack on parliament in New Delhi on Dec 13 and a “proxy war” carried out by Pakistan for the past 15 years.
“We cannot score a decisive victory against terrorism unless special laws like this are adopted,” Home Minister L.K. Advani said as he tabled the motion in favour of the bill.
POTO gives the police sweeping powers to arrest, interrogate, intercept communications and detain suspects for up to 90 days without trial.
Opposition parties and human rights groups say the bill could be used to oppress political opponents as well as Muslims.
Defending the harsh provisions, Advani argued that India was engaged in a “proxy war” with Pakistan, which he claimed had cost the lives of 61,000 Indian civilians and soldiers in the past 15 years.
While acknowledging that fundamental rights were “sacrosanct”, Advani said the security of the nation “should be given higher priority”.
POTO has been in force under a presidential ordinance for several months, but it would have lapsed on April 6 if not passed by parliament. After the vote, Advani said the new law would be applied “sparingly”.
“We have no secret agenda to use it against any community or section of the people.”
“There is neither moral integrity nor sincerity of purpose among those trying to force this law on the nation,” Sonia said, adding that the bill not only violated basic human rights but had also proved ineffective in combating terrorism.
“POTO has been selectively used and misused in the last few months ... to ban organizations in a partisan manner.”
“It poses a larger threat to the freedom of ordinary people than to terrorists,” she added.
Sonia particularly highlighted the use of POTO in the security crackdown that followed the recent outbreak of anti-Muslim violence in Gujarat that claimed around 700 lives. While the provision was used to detain a large number of Muslims, not a single Hindu was picked up under POTO.
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