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The scourge of terrorism has taken around 130 lives of young innocent school children in Pakistan, we have also faced the burnt of terrorism and we continue to face the clear and present threat from this menace.

 A very genuine approach is required to protect the innocent citizens from this, in a vast country like ours we are woefully short of handling any pre and post terror act. Needless to say that we are at risk, and the people at power must not forget this and must implement certain steps which would not only ensure minimization of such attacks but must act as clear deterrent to such people.

 

Our political set up is mainly driven by vote bank policy, this will lead to appeasement policy pursued by regional and central political parties and politicians. The point is, can we expect our politicians to stay away from this policy of appeasement ? Can we deter AIADMK not to seek pardon for Rajeev Gandhi’s killers, Can we deter SP not to indulge in Batla House Encounter, Can we deter BJP not to justify the killing of innocent people in Gujrat, Can we deter Akali Dal not to seek pardon for murderer of Baint Singh, Can we deter Congress from indulging into appeasement, Can we deter NC for taking up the issue of execution of some terrorist.

 

Even thinking about deterring politicians from indulging into this, will be absolutely naïve on our part. They will not. Let us keep in mind, in this era where materialism and hunger for power is dominating, the values and care for others have taken the back seat. And even otherwise vote-bank is crucial for politicians, so expecting them not to indulge into vote bank policy however unethical it may be, will not give expected results.

 

So what do we do ?

 

Let us learn to respect the religion, community and human beings. The act of terror cannot be attached with any religion or any community, it has to be completely detached from this. Once we do that, politicians will loose motive to indulge the terrorist by seeking their freedom or mercy or any favor for them. Politicians will never come forward with vigor and energy, if their act does not support their cause of staying put in power or getting opportunity to book votes.

 

A very simple way is by refusing to associate the act of terrorism to any community or to any religion or to any country.

 

How do we do it ? Very simple start can be made..

 

Just do not glorify the name and association of the terrorists.

 

Comprehensive steps required to be implemented without delay, this may require a new legislation..This is the right time.

 

1. Define the act of terrorism comprehensively and mathematically with illustrations.

2. Not to identify the terrorists with any name, community, religion, country. A terrorist is a terrorist.

3. Strict restriction on media, press, public, politicians not to mention the name, religion, country and their association with any group publicly. An open chat in the house is ok with all these details, but not via electronic media, newspaper, or public rally or gathering. A summary trial with imprisonment up to 6 months for violation.

4. A special anti terrorism tribunal to be set up in each state or for group of states.

5. The tribunal is answerable only to Supreme Court of India.

6. The trial conducted shall be summary in nature by this tribunal and appeal lies only with the Supreme Court of India.

7. No further appeal to President or Governor if order is upheld by the Supreme Court.

8. The decision by the tribunal must be within 90 days and by the Supreme Court within 30 days and subsequent implementation of punishment if required within 30 days.

9. The members of the tribunals must be 3 retired Judges and 2 prominent personalities, and majority decision must prevail. For capital punishment all five must agree.

10. The name, religion, country and group of terrorist not to be disclosed and the terrorist be identified by number.

11. Review the enactment, after every 6 months, and take remedial steps with respect to atrocities if at all committed by law enforcing agencies in the name of this law, reasons behind acquittal, and widening or narrowing the definition of terrorism and terrorist. Also the cause behind each case must be analysed and made public case wise.

12. Inclusion of this law and other socially relevant laws in the academic curriculum from 8th Standard on wards.

 

This way not only politicians will loose interest to project the cause of terrorist, the associated group also will not get required publicity, and no animosity among various community or religious followers will take place. 


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Category Constitutional Law, Other Articles by - R Trivedi 



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