Special crime laws a danger

Now UP too feels the need for one

Maharashtra has it. So does Karnataka. Punjab, after suffering the ravages of the Terrorist and Disruptive Activities (Prevention) Act (TADA), is understandably circumspect, though its police is an ardent believer in a special gangster control law. But UP may be the first among several eager states to introduce legislation that will make it easy for the police to secure convictions and imprison gangsters for long periods. Politicians succumb to the lure of such laws because the offer of speedy trials through special courts helps position them as tough on crime. Past experience shows that soon enough, the law begins targeting petty criminals and small-time swindlers. The temptation for overreach is also overwhelming.

There is by now enough evidence across the nation to suggest that special laws invariably end up promoting rogue policing and invading an individual’s liberties and civil rights. But there is a complete bias among politicians who fall for these unconstitutional shortcuts because the regular processes are inadequate. The debate on a model anti-terror law is unlikely to conclude and not much hope should be put on police reforms and expansion of the judiciary. The common political desire for deterrence in the changed societal circumstances could be bridged by more stringent provisions in the existing laws.