By Shayne R. Burnham
Impunity Watch Reporter, Asia
NEW DELHI, India – The Indian Parliament has passed anti-terror laws in response to the terrorist attacks that occurred in Mumbai last month in order to enhance police security and combat future acts of terrorism. The new legislation currently awaits approval by the President.
The amendments include changes to the Unlawful Activities (Prevention) Act and provisions of the new legislation aiming to set up a National Investigating Agency which will investigate terrorism.
The new amendments include overly broad definitions of “terrorism” and what constitutes membership of a terrorist organization; extends the maximum detention of suspects involved in terrorism from 90 days to 180 days; denies bail for foreign nationals who enter the country illegally; in certain cases, requires suspects to prove their innocence, and; allows proceedings to be closed to the public without specified grounds.
According to Amnesty International, India’s new legislation against terror would violate international human rights treatises. “While we utterly condemn the attacks and recognize that the Indian authorities have a right and duty to take effective measures to ensure the security of the population, security concerns should never be used to jeopardize people’s human rights,” said Madhu Malhotra, Asia Pacific Programme Deputy Director at Amnesty International.
Amnesty International also stated that “India’s experience with previous anti-terrorism laws has shown that they can lead to abusive practices.”
Home Minister Palaniappan Chidambaram defended the bill in Parliament stating that it provided an “adequate balance” between “the demands of human rights and the people of India for strong anti-terror laws.” He went on to say, “You have captured the mood of the nation. The nation expects parliament to pass these laws today and restore their confidence.”
Amnesty International has called on India’s President to reject the new amendments and for the President and Parliament to review the amendments so that they conform to human rights standards.
For more information, please see:
Amnesty International – Proposed New Indian Anti-Terror Laws Would Violate Human Rights – 23 December 2008
Associated Press – Amnesty International Slams Indian Anti-Terror Law – 19 December 2008
Boston Globe – India Supports New Antiterror Laws – 18 December 2008
