Skip to main content

Amended in 2018, J&K's 'lawless law' keeps detainees perpetually away from home

Counterview Desk 
Amnesty International India, which was not allowed to release of its report “Tyranny of a ‘lawless law’: Detention without charge or trial under the J&K Public Safety Act”, has made it public, pointing towards how the Act empowers authorities to arrest a person without any trial for six months, causing havoc among the people of Jammu and Kashmir (J&K).
The authorities, even cancelling the permission granted earlier to Amnesty to release its report at a press conference, claimed that there is nothing illegal about the Act. J&K Chief Secretary BVR Subrahmanyam said the judiciary in J&K “took care of any misuse”, insisting, “We have competent courts. In many cases, PSA was upheld and also struck down. We have enough checks and balances,” he asserted.

An Amnesty note on the report:

The Jammu and Kashmir Public Safety Act (PSA) circumvents the criminal justice system in Jammu and Kashmir to undermine accountability, transparency and respect for human rights, said Amnesty International India at the launch of its new briefing, “Tyranny of A ‘Lawless Law’: Detention without Charge or Trial under the J&K PSA”.
The briefing analyses the case studies of 210 detainees who were booked under the PSA, a legislation that allows for administrative detention for up to two years in Jammu and Kashmir, between 2012 and 2018.
“The briefing revisits the PSA in the 42nd year of its existence and studies how it continues to facilitate administrative detentions and violate Indian and international human rights laws. This Act is contributing to inflaming tensions between the state authorities and local populace and must be immediately repealed,” said Aakar Patel, Head of Amnesty International India.
The text of the PSA violates several of India’s obligations under international human rights law, including respecting detainees’ fair trial rights. Examining several government and legal documents of the detainees, the briefing provides a pattern of abuse by J&K authorities. This includes detaining children, passing PSA orders without due diligence and on vague and general grounds, ignoring the limited safeguards under the Act, subjecting individuals to “revolving-door detentions”, and using the PSA to prevent release on bail and undermine the criminal justice system.
Amnesty International India found 71 cases of revolving-door detentions, where authorities had either issued a new detention order, or implicated a detainee in a new FIR, to ensure that they remain in detention. In 90% of the cases analysed, detainees faced both PSA detentions and criminal proceedings in parallel, on the basis of the same or similar allegations.
“The police appear to use the PSA as a safety net, using it to secure the detention of suspects who are released, or likely to be released, on bail. "'s Conversations with the local lawyers suggest that the state police do not favour criminal proceedings as they involve a higher standard of proof and a presumption of innocence,” said Zahoor Wani, who led the research of the briefing for Amnesty International India.
Amnesty India also found that in many cases the grounds of detention mentioned in the police dossiers and in the PSA orders passed by the District Magistrate were identical which demonstrates non-application of mind. Further, regressive amendments to the Act in 2018 have also led to detainees being held in prisons far from their homes, in violation of international human rights standards.
Meanwhile, people who were arbitrarily slapped with PSA and later acquitted continue to face difficulties in obtaining jobs or continuing their education. Amnesty International India calls on the Government of Jammu and Kashmir to immediately repeal the J&K Public Safety Act and other legislation facilitating the use of administrative detentions and ensure that all detainees held in administrative detention are released. Authorities should also provide full reparation to all detainees held in unlawful detention under PSA.
The Government of Jammu and Kashmir should also initiate a prompt, independent and impartial investigations into all allegations of unlawful detention and torture or other ill-treatment in custody, and bring to justice those responsible.
“While the J&K High Court routinely quashes detention orders which fail to comply with procedural safeguards, it does little to tackle the impunity enjoyed by executive authorities. Jammu and Kashmir will elect a new state government in 2019. This government will have a chance to break with the past and show the people of Jammu and Kashmir that their rights matter. It must not waste this opportunity,” said Aakar Patel.

Comments

TRENDING

70,000 migrants, sold on Canadian dream, face uncertain future: Canada reinvents the xenophobic wheel

By Saurav Sarkar*  Bikram Singh is running out of time on his post-study work visa in Canada. Singh is one of about 70,000 migrants who were sold on the Canadian dream of eventually making the country their home but now face an uncertain future with their work permits set to expire by December 2024. They came from places like India, China, and the Philippines, and sold their land and belongings in their home countries, took out loans, or made other enormous commitments to get themselves to Canada.

Kerala government data implicates the Covid vaccines for excess deaths

By Bhaskaran Raman*  On 03 Dec 2024, Mr Unnikrishnan of the Indian Express had written an article titled: “Kerala govt data busts vaccine death myth; no rise in mortality post-Covid”. It claims “no significant change in the death rate in the 35-44 age group between 2019 and 2023”. However, the claim is obviously wrong, even to a casual observer, as per the same data which the article presents, as explained below.

PM-JUGA: Support to states and gram sabhas for the FRA implementation and preparation and execution of CFR management plan

By Dr. Manohar Chauhan*  (Over the period, under 275(1), Ministry of Tribal Affairs has provided fund to the states for FRA implementation. Besides, some states like Odisha, Chhattisgarh and Maharashtra allocated special fund for FRA implementation. Now PM-JUDA under “Dharti Aaba Janjatiya Gram Utkarsh Abhiyan(DAJGUA) lunched by Prime Minister on 2nd October 2024 will not only be the major source of funding from MoTA to the States/UTs, but also will be the major support to the Gram sabha for the preparation and execution of CFR management Plan).

Defeat of martial law: Has the decisive moment for change come in South Korea?

By Steven Lee  Late at night on December 3, soldiers stormed into South Korea’s National Assembly in armored vehicles and combat helicopters. Assembly staff desperately blocked their assault with fire extinguishers and barricades. South Korea’s President Yoon Suk Yeol had just declared martial law to “ eliminate ‘anti-state’ forces .”

Operation Kagar represents Indian state's intensified attempt to extinguish Maoism: Resistance continues

By Harsh Thakor Operation Kagar represents the Indian state's intensified attempt to extinguish Maoism, which claims to embody the struggles and aspirations of Adivasis. Criminalized by the state, the Maoists have been portrayed as a threat, with Operation Kagar deploying strategies that jeopardize their activities. This operation weaves together economic, cultural, and political motives, allegedly with drone attacks on Adivasi homes.

How Amit Shah's statement on Ambedkar reflects frustration of those uncomfortable with Dalit assertion, empowerment

By Vidya Bhushan Rawat*  Dr. B.R. Ambedkar remains the liberator and emancipator of India’s oppressed communities. However, attempts to box him between two Brahmanical political parties betray a superficial and self-serving understanding of his legacy. The statement by Union Home Minister Amit Shah in the Rajya Sabha was highly objectionable, reflecting the frustration of those uncomfortable with Dalit assertion and empowerment.

Balod tech fest tests students’ interest in innovative ideas in the fields of science, engineering, start-ups

By Our Representative  A techno fest scheduled on December 20 and 21 in Balod district of Chhattisgarh will test the innovative ideas of school students in the fields of science, engineering and start-ups.  For this two-day fest organised at Maheswari Bhawan of the district, a total of 824 models made by students were initially registered. Out of those, a selection committee chose 200 models from several schools spread over five blocks of Balod. These will be on display on these two days from 10am to 4.30pm. Out of many ideas, one of the most interesting models is a smart glove which can be used by children with impairments and disabilities. For those who cannot speak at all or have speech difficulty, they can ask for help from caregivers by pressing their fingers on the glove after wearing it. This will attract attention. 

Local businessman subjected to physical assault, verbal abuse: Demand for accountability, justice

By Kirity Roy* On October 9, 2024, a disturbing incident of harassment and abuse took place in the Swarupnagar Block of North 24 Parganas district, involving a local businessman, Hasanur Gazi, who was subjected to physical assault, verbal abuse, and religious discrimination by a Border Security Force (BSF) constable. The incident, which occurred at the Hakimpur Checkpost, has raised serious concerns about the safety and dignity of citizens living in border areas, especially those belonging to religious minorities.

Affable but arrogant, embodying contradictions, Raj Kapoor's legacy will endure as long as Bollywood exists

By Harsh Thakor*  December 14 marks the birth centenary of Raj Kapoor, a filmmaker and visionary who revolutionized Bollywood, elevating it to new heights by exploring uncharted emotional and social territories. Kapoor wasn’t just a filmmaker; he was a storyteller who touched the souls of the masses and reflected the pulse of post-partition India with unparalleled depth. His films acted as a unifying force in a divided nation, transcending social and cultural boundaries.

Suspicious death of Dalit laborer in BSF custody: A call for justice

By Kirity Roy*  The tragic and suspicious death of Mr. Babai Barui, a Dalit daily wage laborer from North 24 Parganas, West Bengal, has raised serious concerns regarding custodial violence and the violation of fundamental rights. Mr. Barui, son of Sukharanjan Barui, resided in Pallishree Sangsad, Bongaon, and was arrested by the Border Security Force (BSF) on November 9, 2024, near the Angrail border on allegations of smuggling. The very next day, he was found dead under mysterious circumstances, with visible injuries that point toward possible custodial violence.