| Anti-goonda law violates citizens' rights: Experts | |||
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| "The
powers that were part of the judiciary until now are being granted to
the executive wing, mainly the police. It should be noted that the
police have been accused of torturing people to death in custody," said
a human rights activist and a lawyer at the High Court, KS
Madhusoodhanan. |
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| The Kerala government has framed the law in such a way that it will have full political control over the police. |
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| According to the Act, cases should be referred to an Advisory Board consisting of a chairman and three members. |
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| In
neighbouring States where the Act has been passed a sitting or retired
judge of the High Court can only become the chairman and members of the
Advisory Board, whereas in Kerala a lawyer with ten years of experience
can become the chairman or the member of the board. |
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| "This
gives the government the opportunity to appoint politicians as the
chairman and members of the Board," said Mr Madhusoodhanan. |
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| editor
of a law magazine Niyamasameeksha, DB Binu, said: "These posts require
people who are well versed with law. But this Act allows a politician
with LLB and 10 years of enrollment with the bar to become the chairman
or member. This allows the government to keep out judiciary from the
process." |
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| Legal
experts point out that the provision authorising police officers to
order the relocation of detainees is the most atrocious section of the
Act. |
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| Mr
Madhusoodhanan said, "The Act enables an authorised officer ie a
commissioner or superintendent of police to order relocation of the
detainee and also to order the detainee to remain in a designated area
or stay away from an area. We had such acts being practiced by kings
until 1956, but it is being brought back now." |
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| "The
officer has the privilege not to reveal the reason for detaining a
person citing secret information. The accused won't know for what
reason he is being detained and he can't obtain a lawyer also to defend
himself before the Advisory Board. Thus, the new law has practically no
system of appeal," he said. |
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| Referring
to provisions for relocation in the Act, Mr Madhusoodhanan said, "The
British used to practice extradition in India and many were deported to
neighbouring islands. But this was done only through a court of law.
People were deported to the United States from Britain and this was
also done by a court of law. Now the executive wing is being given the
power of judiciary in Kerala." |
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| Those
who have watched the Steven Spielberg-directed movie called Minority
Report will definitely find a similarity between the new law and the
movie. |
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| The
only difference is that the enforcers featured in the movie have
scientific evidence that somebody is going to commit a crime. |
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| Mr
Binu said, "Until now we had laws that would punish you for an offence.
But according to Goonda Act, one can be detained for preparing for an
offence." |
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"Ours is a battle not for wealth or for power.
It is a battle for freedom. It is a battle for the reclamation of human personality."
- Dr BR Ambedkar
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