Business Standard

Special crime laws a danger

Now UP too feels the need for one

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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.

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