The Hindu : J&K rights panel wants `draconian laws' withdrawn

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Sunday, Mar 23, 2003

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J&K rights panel wants `draconian laws' withdrawn

By Our Staff Reporter

Jammu March 22. Expressing "strong reservations" on the use of ``draconian laws'' in the State, the Jammu and Kashmir Human Rights Commission has called for their withdrawal. It said the continued application of the laws made the forces `unaccountable', giving them full impunity.

This was against the International Treaties to which India is a signatory, the Commission said.

The Commission, formed during the National Conference regime in 1997, presented its annual report for 2001-2002 in the State Assembly expressing reservations against the continued use of the Armed Forces (Special Powers) Act.

It said there was improvement in the overall situation in the disturbed areas but continued enforcement of the special laws made the forces unaccountable.

The State Armed Forces (Special Powers) Act was slapped when violence broke out in the State and in August 2001, it was extended to all six districts of Jammu region. Human rights organisations have criticised the Act as they alleged it to be `draconian', making innocents vulnerable. But the security forces considered it vital for carrying out counter-terrorist operations. The Act gives special powers to the forces to bypass the civil authorities for carrying out search operations any time.

The Commission said:" A security person can arrest or shoot anyone, blow up a house merely on the opinion that such persons may pose a threat to the country by virtue of this Act. Security forces enjoy full fledged impunity." It also expressed apprehension over anti-terror laws like the POTA. The piece of legislation has virtually failed to define "terrorism".

Appealing to NGOs to cooperate with the Commission, it said: " The role of NGOs cannot be denied and the Commission is of the considered view that responsibilities entrusted to the Commission under the J&K Protection of Human Rights Act cannot be adequately discharged without the development of close rapport between the Commission and well-recognised NGOs."

The Commission said 474 complaints had been registered with it in the last one year. The Commission made recommendations to the Government for payment of ex-gratia relief compensation\compensation appointments in 169 cases.

Meanwhile the Minister of State for Home, I.D. Swami, has ruled out the pattern of Naga talks being adopted in Jammu and Kashmir. Talking to reporters here at the airport after his visit to Ind village he said: " The Central Government has taken an initiative by appointing N.N. Vohra for talks and till now, the militants and the All-Party Hurriyat Conference have not opposed the exercise."

"The infiltration of terrorists continues. Sometimes the graph goes up and sometimes comes down." But the terrorist attack at Ind shows a new pattern of militancy. In Jammu region, several outfits have come together to carry out attacks and to combat this more Army and BSF personnel would be deployed in sensitive zones.

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