NEW DELHI: The “Draconian and barbaric” Terrorist and Disruptive Activities (Prevention) Act (TADA) came under heavy fire from Members of Parliament in the Lok Sabha.
While most MPs, cutting across the party lines, demanded that the TADA be repealed, the BJP wanted only a “reform.” The Government maintained silence on the issue and Speaker Shivraj Patil told the members to bring up the matter as a Private Members’ Bill.
The issue was raised by Mamta Bannerjee (Congress) Ms. Bannerjee demanded that the Government bring an amendment to the “black” law.
She pointed out that the TADA contravened earlier laws: The India Evidence Act, which has a provision that confession before a police officer may not be taken as evidence: the Constitution, where under the Fundamental rights, no one should be compelled to give witness against himself; and Section 167 (2) of the India Penal Code, which provides a limit of 30 days for detention pending investigation, after which “even a murderer may get bail.”
She pointed out that more than 4,000 persons were under detention under the TADA and added that 80% of the detainees belonged to minority com- munity. “Even women and children have not been spared,” she said. Ms. Banner jee also made a mention of Sanjay Dutt’s case.
When Patil showed reluctance to continue the matter, Muril Deora (Cong) stood up and shouted:”What other alternative do we have?” Saifuddin Chaudhary (CPI-M) said the MPs had received a letter from National Human Rights Commission (NHRC) chairman Justice Ranganath Misra, appealing to members to not allow the Act on the statute books.
“I thought the Government would come forward and give its considered opinion,” Chaudhary said. “Are they giving any thought on the matter? We hang our heads in shame in front of the international community.”
Rabi Rai (Samata Dal) pointed out that in Gujarat, the TADA was used to victimize trade unionists. He noted that former Maharashtra Chief Minister Sharad Pawar had blamed his party’s electoral debacle on voter resentment against the TADA. Even Union Ministers like Balram Jakhar, and Ajit Singh felt that TADA’s time was up, he said.
Still, Ray pointed out, Home Minister S.B. Chavan had opined recently that the TADA should remain on the statute books.
Jaswant Singh (BJP) said his party had always vehemently opposed laws in the “genre of TADA,” such as the earlier Special Courts Act or the Maintenance of Internal Security Act (MISA).
He said what annoyed him was the “obvious and apparent hypocrisy of the ruling party to appear as defenders of human rights,” Singh said: “I’m left totally unimpressed by the protestations of the ruling party.”
A Janata Dal member shouted, “Harshad Mehta bail mein, Sanjay Dutt jail mein.”
Article extracted from this publication >> March 31, 1995
