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| Amend PSA without making it toothless | | | Has the situation in Jammu and Kashmir registered as much improvement as is needed for amending the Public Safety Act (PSA)? This question has assumed significance following the announcement of the Law Minister,Ali Mohd.Sagar,regarding the Government's plan on carrying out some major modifications in the PSA which had been enacted by the state legislature in 1978.The law, which the separatists treat as draconian, has been in force in the state during the last 33 years. It is not only the improvement in the security scenario that has motivated the state Government to think in terms of amending the PSA but it is the outcome of pressure mounted by the Amnesty International and other organisations favouring either the repeal of the law or amending it so that some of the repugnant clauses were dropped. In fact the noise against the retention of this piece of law has become louder since the civilian st rife that rocked Kashmir during the five summer months last year. Various agencies including the Amnesty International were critical of the detention of teenagers under the PSA on charge of having indulged in stone pelting.
During the last nine years the demand for the repeal of the Armed Forces(special power) Act(AFSPA) has been louder than the demand for scrapping or amending the PSA.Even the National Conference led state Government has been in favour of withdrawing the AFSPA.When the NC leadership found that besides the centre the Armed Forces were reluctant to withdraw the Act from Jammu and Kashmir Chief Minister,Omar Abdullah,demanded that the Act be withdrawn from the areas where militancy related activities and violence had touched zero level.Omar's campaign against AFSPA continues.In order to compensate for the centre's no to withdrawal of the AFSPA the state Government plans to amend the PSA with the hope that it would facilitate the National Conference to win accolades and support from the people in Kashmir.Reports say that the proposed amendment may cover the detention period without trial and make the provisions of the Act not enforcible for juveniles. Hence boys under the age of 16 and girls under the age of 18 may not be detained, on charge of some crime,under the PSA.
Opinion regarding amending the PSA is divided.Those who favour major amendments and even its repeal argue that the Act was not usually used against the terrorists but against those who committed minor crimes.They say that since the security situation in the state had improved there was no reason for retaining the PSA which provides for detention without trial for two years.Another argument they dish out is that when at the national level draconian laws,including the TADA and the POTA,had been repealed why should not PSA be either amended or repealed ?Those who are opposed to either the scrapping of the PSA or amending it explain that since the security situation in a border state like Jammu and Kashmir keeps on fluctuating there should bo no need to repeal or amend it.They argue that no law is draconian if it is enforced properly and if the enforcement is not based on vindictiveness.In support of their contention they said that MISA had been misused during the internal Emergency in the country in 1975 for settling personal scores by the ruling politicians and senior bureaucrats.Amending the PSA be done properly and no attempt be made to make it toothless.
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