Short title and local extent. Report by Commissioner of Police or District Magistrate. Issue of warrant on receipt of report. State Government to place report before advising Judges. Order of removal by State Government. Evasion of orders.
|Published (Last):||10 December 2013|
|PDF File Size:||6.89 Mb|
|ePub File Size:||2.26 Mb|
|Price:||Free* [*Free Regsitration Required]|
The Goonda Act has become a tool to put anyone in prison even without giving them an opportunity to explain their side of the story before the courts. File photo. The ambit and the number of persons detained under the Goondas Act have increased phenomenally in recent years. A pro-Eelam activist who organised a candlelight vigil. A man who sold pirated CDs of a few movies. On first sight, there may seem like these people would have nothing in common but they do.
It was first enacted in in Bengal and lives on in some form or the other in several States in India, the law aims at a year-long preventive detention of habitual offenders. But the use of the Act is extended so much that now it has become a tool to put anyone in prison even without giving him an opportunity to explain his side of the story before the courts. Historically, the Act has been associated with detaining those who show political dissent and we could probably see more people being booked under this law for political dissent.
The Goondas Act which is a form of preventive detention infringes on human rights as well. Its use must be restricted to crises. Valarmathi was then accused of being a Maoist sympathiser by the police. The previous month, Thirumurgan Gandhi, the convener of the May 17 movement, was detained under the Act after his arrest for staging a candlelight vigil to commemorate civilian victims in the last phase of the Eelam war.
For example, the protests by Gandhi were on issues like demonetisation and other government policies. While these two cases have abused the Act, statistics show that around 3, persons are detained under Goondas Act every year in the State. This means on an average seven to eight persons are detained every day.
The law is a dated one and needs a relook. In , a Madras High Court bench ruled that even a single criminal case against a person is enough to detain him under the Goondas Act. With this verdict and the broad spectrum of the crimes covered in the legislation, all that is needed to detain a person in jail for a year is a simple FIR. However, the effectiveness of this move has been questioned by those within the system itself.
Bringing digital piracy under the ambit of the Goondas Act does not sit well with a number of activists and cyber law experts too. Never in their wildest imagination would the drafters of the law have realised that it would be used in the context of activities in the digital and mobile ecosystem! It is important to interpret these laws logically. Booking is simple but providing proof and getting conviction is a challenge. There is also the question of how preventive detention laws provide very little room for legal recourse.
However, it is questionable if it actually proves to be a deterrent. Despite the problems that plague the legislation, law enforcement officers feel that they are merely enforcing the law when they detain people under the law. They believe that they are only doing their job. Many even felt that the law, if used effectively, is an important tool that can come in handy for the police. And that is only done by senior level officers and officials as responsibility is left to the person who is executing the detention.
Explaining the process of how things are done, the officer said that at the beginning of the year, a list of category A, B and C offenders is drawn up. He said it is generally the category A offenders who are detained and that most detainees are let off in months rather than a year.
But if let unchecked, the Goondas Act could put an end to the need for courts and a fair trial since police can unilaterally decide who must be put in jail and who can go free. It aims at a year-long preventive detention of habitual offenders. Rs 8, A police inspector has to spend nearly Rs 16, for paper work to detain a person under the Act.
But the government reimburses only Rs 8, Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks.
Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines. The views expressed in comments published on newindianexpress.
They do not represent the views or opinions of newindianexpress. Labourers in Jharkhand need to give details to govt before going to work outside state: Hemant Soren. Women held for 'advising' sacrifice of teen girl. Centre's SOP for offices; employees from containment zones should be allowed to work from home. Illegal sand miners in Tamil Nadu make hay during lockdown. Cyclone Nisarga: Wheat procured from farmers gets wet due to rains in parts of Madhya Pradesh.
Charitable mobile dispensaries a boon for the needy during curfew. Home States Tamil Nadu. Who is a Goonda? History of the Goonda Act in Tamil Nadu The Goonda Act has become a tool to put anyone in prison even without giving them an opportunity to explain their side of the story before the courts.
By Dia Rekhi. Download now. Latest Labourers in Jharkhand need to give details to govt before going to work outside state: Hemant Soren Women held for 'advising' sacrifice of teen girl Centre's SOP for offices; employees from containment zones should be allowed to work from home Illegal sand miners in Tamil Nadu make hay during lockdown Cyclone Nisarga: Wheat procured from farmers gets wet due to rains in parts of Madhya Pradesh Charitable mobile dispensaries a boon for the needy during curfew.
With Bengaluru lawyers' help, Chhattisgarh migrants fly home. Gallery 40, songs in 16 languages: Here are some rare pictures of the legendary SP Balasubramanyam as he turns On Angelina Jolie's 45th birthday, here's some trivia on Hollywood's most famous diva.
Who is a Goonda? History of the Goonda Act in Tamil Nadu
Kasi alias Suji, 26, of Nagercoil who was arrested for sexually exploiting girls in Chennai and Kanyakumari district and extorting several lakhs of rupees from them, has been detained under the Goondas Act. Three youths, who were arrested on charges of murdering a kabaddi player after he won a match by roping in guest players, have been detained under Goondas Act. City police commissioner Sanjay Kumar on Friday detained three men, who are charged with the murder of a moneylender, under the goondas Act. City police commissioner Sumit Sharan on Friday detained a year-old man under the goondas act. With the organised crime fast spreading its wings, the Jaipur police have shunted out 54 hardcore criminals from the city under the provisions of Rajasthan Control of Goondas Act. The city police commissioner on Friday ordered 14 people detained under the Goondas Act for stopping the burial of the doctor who died of Covid on April
The Tamil Nadu Police's CB-CID wing has taken the prime accused in the Pollachi sexual abuse scandal into four-day custody to procure more information and possible evidence for investigation purposes. It is alleged that Thirunavukarasu, an MBA graduate who owns a finance business, used videos of women being sexually abused to blackmail them into pr Days after the Pollachi sex scandal first came to light, an alleged video confession by two accused has detailed the blackmail and coercive measures that may have been used to exploit the women involved. A CBI probe has now been ordered into the case that allegedly witnessed several investigative lapses by the local police. Four people have been ar
Goondas Act to cover sexual offences, cyber crimes in Tamil Nadu
It is both a colloquial term and defined and used in laws, generally referred to as Goonda Acts. However, the first English-language appearance of "goonda" in British newspapers of the s, with the spelling "goondah" predates the use of "goon" to mean criminal, a semantic change which seems to go back only as far as the s comic strip character Alice the Goon. Many legislative bodies have passed "Goonda Acts" a colloquial name, due to the long titles providing legal definitions of who constitutes a "goonda". Some of these laws permit harsh treatment such as giving the police the power to shoot them on sight. Bangladesh 's Control of Disorderly and Dangerous Persons Goondas Act East Bengal Act IV of , Section 13 1 , gives seven grounds under which a tribunal may declare a person to be a goonda and place him on the prescribed list of goondas: .