What are special laws?
Special laws create new offences like committing ‘organised crime’, committing a ‘terrorist act’ or being a member of an ‘unlawful organisation’. They also do away with the procedural safeguards which exist under ordinary criminal law as embodied in the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act. Examples of special laws abound in post-colonial India -- MISA (Maintenance of Internal Security Act), AFSPA (Armed Forces Special Powers Act), MCOCA (Maharashtra Control of Organised Crime Act), KCOCA (Karnataka Control of Organised Crime Act), CSSA (Chhattisgarh Special Security Act). Since what is contemporary for us today is KCOCA, particularly after the chief minister’s statement on Independence Day, we will first look at some features of KCOCA and their implications for democratic practice.
We dont need these special laws
India has been successful in creating a largely stable and law abiding society - with the lowest prisoners-to-population ratio and the police-to-population ratio in the world. It is time that we resisted the temptation of using these 'special laws' which are a colonial 'heritage'.
These laws have been singularly ineffective and useless - but instead have 'corrupted' police approach and methodology. Apart from a few like KPS Gill who falsely (takes and is given) credit for controlling terrorism in Punjab. The conviction rate for those booked under these laws are under 5%.
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