Monday, May 31, 2010

TADA and 498A are more or less the same legal framework , if TADA can be repealed why not 498A ?

Below are the relative comparisons of the Indian TADA and IPC section 498A. It is amply clear hat both laws have the same legal framework like considering the accused guilty under proven innocent and arrests without evidence or investigations .They have led to the same type of human rights violations although human rights violations in 498A have been far more severe and devastating. So why was the TADA law allowed to be repealed and the government is hesitant in repealing or amending section 498A. Has militant feminism today become even more powerful than actual militants? The below article investigates.

The definition of  Terrorism
The term "terrorism" comes from the French word terrorisme, which is based on the Latin verb terrere (to cause to tremble). It dates back to 1795 when it was used to describe the actions of the Jacobin Club in their rule of post-Revolutionary France, the so-called "Reign of Terror". Jacobins are rumored to have coined the term "terrorists" to refer to themselves. Terrorism refers to a strategy of using violence, social threats, or coordinated attacks, in order to generate fear, cause disruption, and ultimately, brings about compliance with specified political, religious, or ideological demands. Terrorism can be used by motivated individuals or organizations to disrupt an existing process and make other individuals or government give in to demands which under normal circumstances cannot be met . Terrorism under TADA normally referred to misuses of weapons like rifles , RDX etc while Terrorism under 498A referred to the use of the state machinery to wreck havoc on the opposite party to force them abide by unreasonable demands .

How are TADA and 498A similar ?

The carnage of TADA
The Terrorists and Disruptive Activities (Prevention) Act (TADA) was created in 1985 (amended 1987) . The abuse of the act led to  led to tens of thousands of politically motivated detentions, torture, and other human rights violations. TADA was as a tool to fight trade unions and to detain Muslims, Sikhs, Dalits, and political opponents. Over 76,000 people were arrested while TADA was in force from 1987 to 1995.  The conviction rate for these arrests was less than one percent Out of 200 people charged under TADA only one person will be convicted, which just proves how unfair and ridiculous the Act is. TADA allowed for people to be detained in police custody for up to six months without charge or trial. Data gathered on 1997 said that as of August 1997 there were there are an estimated 65.000 TADA detainees in Indian prisons. The detainees and their families go through so much unnecessary heartache and suffering.  This Act can in many ways be seen by some Muslims as prejudiced for example in 1995, 228 TADA cases were registered in Rajastan, 101 were against Muslims, 96 against Sikhs and 3 against Hindus. There is no bail under the TADA Act and appeals can only be made to the Supreme Court in Delhi. Thousands of people are unfortunately precluded this right as the court is in Delhi, families would have to undertake very expensive long journeys. To obtain a lawyer for the Supreme Court the minimum cost would be RS 250.000, which is £4.200 a large amount to raise even by western standards.  The TADA Act is against one of the basic points of the Indian Constitution, that a person is presumed innocent until he is proven guilty. TADA presumes that people are guilty until they are proven innocent.  

The carnage of 498A is still ongoing
If abuse of TADA equal that if a carnage then abuse of 498a approach that of a genocide .Section 498A was inserted into the penal code in 1983. The abuse of 498A leads to more than 75000 cases being filed all over India. 498a is used by motivated and bloody minded wives to misuse the Indian state machinery to arrest her husband and his entire family and then make them agree to unjustified demands or face jail time. Just like TADA , 498a also considers the  accused to be guilty  until proven innocent. Over 126000 women and children and 3 million men have been arrested without any evidence or investigation under 498a. Over 56000 husbands have been driven to suicide annually due to the misuse of these laws while. These people languish in jails and police lockups for days on end. Just like TADA was looked upon as prejudiced against Muslims, 498a is completely prejudiced against Husbands and their families. The Police never register a case for giving dowry as has been mandated by the law under section of the Dowry Prohibition act but immediately arrest the husband and his family under allegations of taking dowry. Like TADA victims of misuse of 498a have to battle false cases against the government of India for decades on end that cost their life savings. The wife and their families do not have to spend any money as the government draws from  the tax payers money to fight their false cases also causing a huge loss to the nation. The conviction rate in 498a is even lower than TADA. Cases where 498a alone is used the conviction rate is close to 0% .The overall statistics says that over 98% of 498a cases are false to begin with . The supreme court of India has called misuse of 498a as legal terrorism.

Why is 498a more dangerous than TADA?
1)498a is state sponsored terrorism .Indian State itself provides the weapons of terrorism in the form of laws. The government provided law is a weapon of terrorism.

2)Indian state spends exchequers money to fight false cases. This is leading to massive loss of revenue which could have been used in a better way to improve judicial infrastructure.

3)Government lacks commitment to fight legal terrorism unleashed through misuse of section 498a even through it is clear that 498a is a lot more deadly than TADA when misused.

1 comment:

  1. The rate of conviction to arrest in IPC 498a is 1 out of 150 in Bangalore. So even that 98% false case figure is too generous.