Anti-Terror Laws in India
The various central acts dealing with terrorism in the past and present are:
- The Terrorist and Disruptive Activities (Prevention) Act, 1987. It was allowed to lapse in 1995 after its misuse.
- The Prevention of Terrorism Act (POTA), 2002. It was enacted after the Parliament attack in 2001. It was also repealed in 2004.
- The Unlawful Activities (Prevention) Act, 1967. It was amended in 2004 to deal with terror activities. It was last amended in 2012.
Further, we also have state enacted laws viz. MCOCA (Maharashtra Control of Organised Crime Act) and Gujarat Control of Terrorism and Organised Crime (GCTOC) in place in Maharashtra and Gujarat.
Terrorist and Disruptive Activities (Prevention) Act or TADA
TADA was the first anti-terror law enacted in 1985. It was first enacted for 2 years but later its life was extended in 1987 via the TADA-1987. The act was repealed in 1995 due to its misuse.
Under TADA 1985, two new offences were created namely ‘terror act’ and ‘disruptive activities’ were included. The law had placed restriction on granting bails and gave enhanced power for detention of suspects and attaching the properties of the accused. The law made confession before a police officer admissible. Exclusive courts were set up to hear the cases under the act.
The Prevention of Terrorism Act, 2002 (POTA)
POTA was enacted in 2001 in the wake of Indian airlines flight hijack in 1999 and Parliament attack in 2001. Under the act, a suspect can be detained up to 180 days by a special court. The law included the act of fund raising for the purpose of terror as a ‘terrorist act’. A separate chapter to deal with terrorist organisations was included. The union government was authorized to add or remove any organisation from the schedule. After its misuse by some state governments, it was repealed in 2004.
Unlawful Activities (Prevention) Act (UAPA) Amendment
UAPA was first enacted in 1967 and amended several times with the last one in 2012. Under UAPA, the definition of “terrorist act” has been expanded to include offences that threaten economic security, counterfeiting Indian currency and procurement of weapons etc. Additional powers are granted to courts to provide for attachment or forfeiture of property equivalent to the counterfeit Indian currency involved in the offence or to the value of the proceeds of terrorism involved in the offence.
As of now, under Section 35 of the UAPA, there are 39 groups in the list of banned terrorist organisations, the latest one to have been added being the NSCN (Khaplang). There is also a proposed amendment of this act to “designate individuals” along with terror organisations under the “banned list of entities.” Presently, there is no provision for an individual, suspected of having terror links making it to the list of terrorist entities banned.
