In the glaze of the bombs being rained on Afghanistan, BJP led NDA Govt. has promulgated the infamous Prevention of Terrorism Ordinance (POTO). Last year as well, NDA Govt. had tried to enact POTA 2000, but the bid fell due to large-scale protests of the people and the opposition of parliamentary opposition parties and their Chief Ministers. The ordinance provides vast discriminatory powers to the police officers in the name of ‘curbing terrorism’ and annihilates the civil liberties of the people with utter disdain.

The Ordinance is virtually same with all its anti-democratic features intact and with only some cosmetic changes like reduction in the period of police remand from 60 days to 30 days and of judicial remand from one year to six months. On the other hand the scope of the law has been enlarged to provide the right to the police to eavesdrop on citizens’ communications covering telephonic and electronic communications. The other features, even those relating to journalists and press, admissibility of confessions before the police officers and presumption of guilt of the accused, are intact with all their glaring fascistic intent.

Union Minister of Law, Mr. Arun Jaitley, has sought to justify promulgation of POTO by saying that it is in line with similar laws enacted by the United States and UK. He is right in so far as US law targets non-US citizens including Indians and POTO too targets non-US citizens i.e., Indians. This ‘minor’ difference is hardly material to these NRI-seeped politicians of Sangh Parivar for whom US is the only country that matters and US citizens are the only people to be protected.

Similarly absurd is the defence of POTO by Mr. Arun Shourie, former employee of the World Bank. Playing on the record of the former Congress Govts. in trampling the democratic rights of the people under foot, he has sought to justify this exercise by the NDA. While he has castigated the Congress Govts. for their dismal record while in power, he has kept mum on the record of Sangh Parivar. He also ignored the minor digression of his own record when he had been opposing much of what he is now proposing when he had been the General Secretary of PUCL. Or else it was utterly for personal ambitions without any iota of conviction. While consistency of views or honesty of purpose are not defects found in Indian ruling class politicians, his defence of POTO is the negation of the very concept of civil rights, all in the name of fighting terrorism.

The criticism of POTA 2000 in our columns applies to POTO now. What is interesting is that NDA has chosen to promulgate the Ordinance knowing full well that they lack the necessary parliamentary majority to translate this into law. They are ex-post facto talking of building consensus with other ruling class parties particularly Congress. This is their calculated game that while Mr. Vajpayee talks of ‘consensus’, his deputy, Mr. Advani, mouths the tough phrases. In either case they stand to gain. It reminds one of father-son soothsayer duo in a village. The two would give opposite predictions on possible rains. With one necessarily proving correct, offerings from the peasants would anyway flow into the family.

When NDA lacks the requisite majority in Rajya Sabha to translate this into an Act, why did they choose to still promulgate this Ordinance? Their purpose obviously is to monopolize the reactionary sections of the ruling classes, in particular to win some of them over from the Congress. They want to play upon the Congress’ dilemma of supporting such a law on the one hand and not to do so in view of the coming elections on the other. Further BJP-RSS, in line with their overdrive to project Muslims as ‘terrorists’, want to time it before the coming elections. This is in line with their efforts to play the Hindu card in the coming elections, particularly the elections in UP.

NDA Govt. has been emboldened to promulgate this Ordinance after the failed attempt last year due to the duplicity of the ruling class parties on this score. Several Congress-ruled State Govts., not to mention the govts. of the BJP allies, have made state acts incorporating the provisions of the infamous POTA 2000. Even CPM led West Bengal state govt. proposed enactment of Prevention of Organized Crime Act (POCA) only to abandon it in face of its duplicity of opposing it at the Centre and enacting it in the state. While some NDA allies are demanding review of certain provisions, AIADMK has supported the Ordinance. With confusion in the ranks of ruling class parties, BJP is toying with the idea of calling the joint session of the parliament.

POTO is a direct assault on the democratic rights of the people in the name of curbing terrorism. It must be fought tooth and nail by all democratic forces. Struggle against POTO should be directed to ensure that it is repealed in toto rather than some amendments.