Among all Indian states, J&K has the distinction of having its own constitution. Through its fundamental rights and directive principles, the constitution aims to safeguard the most basic rights of the citizens of the republic. But subsequent acts like the infamous ‘Public Safety Act’ have been enacted not only in contravention to the constitution but are also, in fact, violative of the various conventions adopted by the UN general assembly. PSA provides for detention without trial for up to two years giving state the legal authority to detain people without hassles.
The state is within its rights to ‘stop a person from doing something that will be prejudicial to its security or for maintenance of the public order’. That’s what the PSA aims at. But its blatant use by the successive regimes to quell political dissent and to silence opponents is not only shameful but highly abhorable as well. And to add salt to the injury are the ‘inherent safeguard mechanisms’ included in the Act that are supposed to ensure a redressal platform to the individuals booked under the act. The point in case is the institution of Advisory Board for such redressal. What else can be the proof of shamness of the advisory board that it has not even once objected to the grounds of detention of any of the thousands of detenues booked under the act. And why would it do so? Even though its objections are binding on the government, the board members would not annoy their employer (read government) and thus, forfeit their privileges and luxuries.
It is an irony that the PSA has been used against two categories of people – those who do not fall under the unionist camp and those who are involved in smuggling of timber.
Unionists and separatists, in the state, have coexisted for all these years. After the militancy erupted and the prolonged gubernatorial regime was replaced by elected governments, the larger message was that the two sides will fight the “battle of ideas”. This resolve was recently reiterated by Chief Minister Omar Abdullah as well.
But the million dollar question is, whether battle of ideas is possible when the PSA is used even against the ailing, sick, minors and the women. And how is it possible when the presiding officers of advisory boards enter into barters with their employers. And one wonders why should not the Chairman of the Advisory Board be given a place in Guinness book of world records for being the longest serving chairman of such an eminent body despite his non-performance. One wonders what he writes as his achievement in his Annual Performance Reports (APRs). Given the state of affairs we are in, one can only wonder!!!
