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.
