
Suaram welcomes the prime minister’s directive for a review and reassessment of the Security Offences (Special Measures) Act 2012 (Sosma).
However, this step must not delay the long overdue amendments.
Comprehensive stakeholder engagements were already conducted in 2023 by the then deputy minister responsible for law and institutional reforms, Ramkarpal Singh, with detailed recommendations for amendments submitted to the Ministry of Home Affairs.
What is needed now is not another round of reviews, but swift action to implement these amendments without further delay.
Among the amendments Suaram hopes to see is the abolition of Section 4(5) on the 28-day pre-charge detention without judicial oversight, as it contravenes the right to a fair trial and creates conditions ripe for torture and ill-treatment in custody.
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We also call for the amendment to Section 13(1) that will grant all detainees the right to apply for bail, similar to provisions on bail in the Criminal Procedure Code – instead of the current provision that limits bail applications to only women, children and the sick or infirm.
Limiting the circumstances under which bail can be applied for goes against the presumption of innocence and inflicts severe socioeconomic harm on detainees’ families, often plunging them into financial distress and affecting their children’s wellbeing and education.
On this note, the ministry must immediately set a clear timeline for tabling the Sosma amendments in Parliament and impose a moratorium on all ongoing and future Sosma cases until these critical reforms are implemented. – Suaram
Sevan Doraisamy is the executive director of Suaram.
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