What is the issue?
- Recently, Maharashtra police arrested 5 prominent human rights activists on charges based on the stringent “Unlawful Activities Prevention Act” (UAPA).
- In this context, it would be pertinent to look into how India’s anti-terror laws evolved over the years.
What are the main anti-terror laws in India?
TADA
- Terrorist and Disruptive Activities (Prevention) Act, 1987, was at one time the main law used in cases of terrorism and organised crime.
- But due to rampant misuse, it was allowed to lapse in 1995.
- The Act defined what “terrorist act” and “disruptive activities” mean, and put restrictions on the grant of bail.
- It also gave enhanced power to detain suspects and attach properties.
- The law made “confessions given to a police officer” admissible as evidence.
- Separate courts were set up to hear cases filed under TADA.
POTA
- In wake of the 1999 IC-814 hijack and 2001 Parliament attack, there was a clamour for a more stringent anti-terror law.
- This came in the form of “Prevention of Terrorism Act” (POTA), 2002.
- A suspect could be detained for up to 180 days by a special court.
- The law made fundraising for the purpose of terrorism a “terrorist act”.
- A separate chapter to deal with terrorist organisations was included.
- Union government was mandated to maintain a list of organised that would fall under the act’s radar and had full authority to make additions or removals.
- However, reports of gross misuse of the Act by some state governments led to its repeal in 2004.
UAPA
- Strengthening - In 2004, the government chose to strengthen the “Unlawful Activities (Prevention) Act, 1967, in accordance with international standards.
- It was amended to overcome some of the difficulties in its enforcement and to update it to match “Financial Action Task Force” (international) guidelines.
- By inserting specific chapters, the amendment criminalised the raising of funds for a terrorist act, and holding of the proceeds of terrorism.
- Membership of a terrorist organisation, support to a terrorist organisation, and the raising of funds for a terrorist organisation were also made a crime.
- It increased the time available to law-enforcement agencies to file a charge sheet to six months from three.
- Further - The law was again amended in 2008 after the Mumbai Serial attacks, and again in 2012 to make it more comprehensive.
- The definition of “terrorist act” was expanded to include offences that threaten economic security, and counterfeiting Indian currency.
- Procurement of weapons was also made a crime under the act.
- Additional powers were granted to courts to provide for attachment or forfeiture of property or the proceeds of terrorism involved in the offence.
What is “Financial Action Task Force” (FATF)?
- FATF is an inter-governmental organisation set up in 1989 to develop policies to combat money laundering and terrorist financing.
- India got FATF membership in 2010 on the assurance that it would make suitable amendments in the Act by March 2012.
Source: Indian Express