Terrorist and Disruptive Activities (Prevention) Act
Terrorist and Disruptive Activities (Prevention) Act | |
---|---|
Parliament of India | |
Long title
| |
Citation | [1] |
Territorial extent | India |
Enacted by | Parliament of India |
Assented to | 3 September 1987 |
Commenced | 24 May 1987 |
Amended by | |
Act 16 of 1989, Act 43 of 1993 | |
Status: Repealed |
Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 (modified in 1987) under the background of the
The Act's third paragraph gives a very thorough definition of "terrorism":
"Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate any section of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or lethal weapons or poisons or noxious gases or other chemicals or by any other substances (whether biological or otherwise) of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act."
Powers
The law gave wide powers to
Criticism
The Act was widely criticised by human rights organisations as it contained provisions violating human rights.[4][6][7] The criticism are centred on the following facts:
- Under the Act, whoever advocates directly or indirectly for cession or secession in any part of India is liable to be punished.
- The Act provides that a person can be detained up to one year without formal charges or trial against him.
- Section 20 of the Act provides that detainee can be in police custody up to 60 days, which increases the risk of torture. Also the detainee need not be produced before a judicial magistrate but instead may be produced before an executive magistrate, who is an official of police and administrative service and is not answerable to the high court.
- The trial can be held secretly at any place, with the identity of the witnesses being secret, which violates international standards of fair trials.
- The Act reverses the presumption of innocence of the accused under the Act. Under section 21 of the Act, the person who is accused of committing a terrorist act if arms and explosives were recovered or made confessions to someone other than a police officer or provided financial assistance for the commission of the terrorist act or by suspicion that the person has arms or explosives or financial assistance to commit the terrorist act, that person shall be presumed to be guilty unless the contrary is proved.
- Confessions to a police officer not below the rank of superintendent of the police can be used as evidence against a person.
- Section 19 of the Act bars appeals by persons accused under it except to the Supreme Court.
Impact
The number of people arrested under the act had exceeded 76,000, by 30 June 1994.
Supreme Court ruling
The Supreme Court has held that mere membership of a banned organisation does not make the member liable for the punishment under this Act.[9]
See also
References
- ^ a b c d e f g h i j k Zaidi 2002, p. 288
- ^ Gazette of India notification
- ^ Gazette notification of the ordinance
- ^ )
- ^ "(THE) Terrorist and Disruptive Activities (PREVENTION) ACT, 1987". satp.org. Retrieved 13 April 2015.
- ISBN 9780300056143. Retrieved 13 April 2015.
- ^ "Court acquits 29 booked under Tada". telegraphindia.com. Archived from the original on 14 March 2014. Retrieved 13 April 2015.
- ^ "aaa". indiacode.nic.in. Retrieved 13 April 2015.
- ^ Arup Bhuyan Vs. State of Assam- Criminal Appeal No. 889 of 2007
Sources
- Zaidi, S. Hussain (2002). ISBN 978-0-14-302821-5..