October 31, 2001 EXTENSIONS OF REMARKS 21297 coverage with burqa from head to toe; the 52,000 Sikhs are being held as political pris- of Terrorism Ordinance (POTO) saying it is whipping of women in public for having non- oners in India, most under TADA and many of the first comprehensive legal salvo against covered ankles; a ban on women laughing them since 1984. terrorism with complete safeguards to check loudly; and a ban on women wearing brightly India took TADA off the books under intense the menace speedily and effectively. Under the ordinance, 23 organizations have been colored clothes. Women are prohibited from political pressure but continued to enforce it. banned. Briefing newspersons here, Union going outside, except for a government-sanc- Now the country that likes to boast of being Home Secretary Kamal Pande said care had tioned purpose. ‘‘the world’s largest democracy’’ has taken ad- been taken to ensure that the 50-page, 61- Women’s freedoms were virtually wiped out vantage of the terrorist incident that occurred clause ordinance avoided all pitfalls and when the Taliban took over Afghanistan in in September to promulgate a law called the criticisms that the erstwhile Terrorist and 1996. Women became subject to a horrific Prevention of Terrorism Ordinance (POTO) Disruptive Activities Prevention Act system of gender apartheid whereby they are that makes TADA look mild. Twenty three or- (TADA), which expired in 1995, had to face. prohibited from working, attending school, and ganizations have already been banned under Justifying the promulgation of the ordi- nance, Mr. Pande said there was an upsurge leaving their homes without a male relative POTO, including the International Sikh Youth in terrorist activities, intensification of and, as I described earlier, without wearing Federation (ISYF), a group that has engaged cross-border terrorism and insurgent groups the head-to-toe burga shroud. in peaceful political protest for human rights in different parts of the country and the ex- Islamic fundamentalism, in essence, looks and sometimes for independence for the Sikh isting criminal justice system was not de- upon women as subhumans, fit only for homeland, Khalistan. This ban just goes to signed to deal with the types of heinous household slavery and as a means of show that in the eyes of the Indian govern- crimes that had appeared in the country in procreation. ment, anyone who speaks up peacefully for the past 50 years. This outrageous view of women was incred- freedom for for freedom is considered a ‘‘ter- The ordinance defines terrorist acts as those done by using weapons and explosive ibly elevated to the status of official policy rorist.’’ Oddly, it also bans the Liberation Ti- substances or other methods in a manner as when the ignorant Taliban took control of 90 gers of Tamil Eelam (LTTE), which India today to cause or likely to cause death or injuries percent of Afghanistan, including the capital reported was a creation of the Indian govern- to persons or loss or damage to property or Kabul. For example, female education from ment and whose leaders, according to the arti- disruption of essential supplies and services kindergarten to graduate was banned; employ- cle, were put up in Delhi’s finest hotel. with intent to threaten the unity or integ- ment for women is banned. In addition, POTO provides for suppression rity of India or to strike terror in any sec- Taliban restrictions have driven women in of information, and therefore makes journalists tion of the people. It also has a comprehen- Afghanistan to commit suicide. An educated subject to terrorism charges if they publish in- sive definition of terrorist organizations in- formation unfavorable to the government. It dulging in terrorist acts and provides for 20-year old woman burned herself with petrol proscribing them under a set procedure. as a way out of all her miseries that had makes the furnishing of certain information to A total of 23 organizations have been poisoned her for years. After being found with police investigators mandatory with a prison banned under the ordinance, which Mr. her self-inflicted burns, her family took her to term of up to three years for failure to tell Pande said, would be placed before Par- a hospital, but the facility was lacking a physi- them what they want to hear and it allows for liament in the form of a Bill for approval cian and proper medical treatment. It was too coerced confessions. soon. late to save her life. A respected retired Indian general, General ‘‘The ordinance, of course, will have to be Prior to the Taliban regime, women in Af- Narindr Singh, said ‘‘Punjab is a police state.’’ passed through Parliament as it will be valid for a maximum period of six months . it ghanistan enjoyed equal rights with men under Under POTO, minorities in India will be forced to live in a police state, which is even more will be placed before Parliament,’’ he said. the Afghan Constitution. Seventy percent of Stating that all state governments and the teachers in Kabul were women, 50 percent brutal than before. Unfortunately, the United other departments concerned were consulted were civil servants and university students, States has been trying to strengthen its ties twice on the various provisions of the ordi- and 40 percent were doctors. with India, which in the past, voted to throw nance and their suggestions were taken note Many organizations have been working to the United States off the Human Rights Com- of and included wherever necessary before it help these women. We as Members of Con- mission and to suppress a resolution critical of was promulgated, Mr. Pande said ‘‘special gress must find a way to restore rights and Red Chinese human-rights violations. India, a features/safeguards have been built in to pre- human dignity of the women of Afghanistan. longtime Soviet ally, votes against the United vent the possibility of misuse of the special States at the UN more often than any country power given to investigating authorities also Mr. Speaker, I thank you for allowing me keeping in view the observations of the Su- this time to raise awareness on the treatment except Cuba. According to the Indian Express, preme Court.’’ of women in Afghanistan. India’s Defense Minister, led a meeting in Asked about the mounting criticism over f 1999 with the Ambassadors of Red China, the clause pertaining to ‘‘disclosure of infor- Cuba, Russia, Yugoslavia, Libya, and Iraq to mation’’, which is equally applicable to jour- NEW POTO LAW IN INDIA PER- set up a security alliance ‘‘to stop the U.S.’’ nalists, Mr. Pande said the clause was in line HAPS MOST REPRESSIVE EVER Mr. Speaker, why should a country with a with the provisions pertaining to suppression long record of anti-Americanism be a recipient of information already existing in CrPC and HON. DAN BURTON of U.S. aid? The obvious answer is that it the IPC. Section 3(8) of the ordinance places should not. The hard-working, overtaxed peo- responsibility on all persons to disclose in- OF INDIANA formation which the person knows or be- IN THE HOUSE OF REPRESENTATIVES ple of this country should not be supporting lieves to be of material assistance in pre- this brutal, corrupt, and hostile country. We Wednesday, October 31, 2001 venting any terrorist activity as soon as rea- should stop all U.S. id to India, restore the sonably practicable to the police. However, Mr. BURTON of Indiana. Mr. Speaker, in sanctions previously in place against that exception has been provided in case of per- 1995 the Indian law known as the ‘‘Terrorist country, and put the Congress on record in sons engaged as legal attorney of the accused and Disruptive Activities Act (TADA)’’ expired. support of a free and fair plebiscite in Kash- who may have acquired such knowledge for It was one of the most repressive laws ever mir, in Punjab, Khalistan, in Christian the purpose of preparing the defense for the put on the books anywhere in the world. It al- Negaland, and everywhere that people are accused. Section 14 provides a new provision which lowed people to be picked up for any reason seeking their freedom from this brutal regime. makes it obligatory to furnish information or no reason, held without charge or trial for It is our obligation to the principles that give in respect of a terrorist offense. Failure to an indefinite period, deprived them of the right birth to our great country. furnish the information called for or delib- to know of the charges against them or face Mr. Speaker, on October 26, the Tribune erately furnishing false information to in- their accusers. The law was widely abused. News Service in India ran an excellent article vestigating officer shall be punishable with When a rare TADA defendant would get re- on the repressive new POTO law, which I imprisonment for a term which may extend leased, the police would immediately pick him would like to place in the RECORD at this time. to three years or fine or both. The inves- up again and often would file TADA com- tigating officer can call for such information [From the Tribune News Service, Oct. 26, only with prior approval in writing of an of- plaints in more than one jurisdiction to make 2001] ficer not below the rank of Superintendent of it impossible to contest. Despite the fact that CENTRE BANS 23 TERRORIST OUTFITS Police. it expired over six years ago, the Movement NEW DELHI, OCTOBER 25—The Centre today Mr. Pande said Section 32 provided for ad- Against State Repression reports that over justified the promulgation of the Prevention missibility of confessions made to a police VerDate Aug 04 2004 08:40 Aug 15, 2005 Jkt 089102 PO 00000 Frm 00014 Fmt 0689 Sfmt 0634 E:\BR01\E31OC1.000 E31OC1 21298 EXTENSIONS OF REMARKS October 31, 2001 officer under certain conditions.