Anti-Terror Laws in India – A Short View

Terrorism is unlawful use of force or violence against people and criminal intimidation of their property too. Terrorism in India is growing day by day. Bomb blast is one of the way used by terrorist to spread violence. A crude bomb went off near the Embassy of Israel on Dr. APJ Abdul Kalam Road in New Delhi on Friday evening. On the occasion of No patriotic Indian can tolerate this inhuman behaviour. It can be at least minimized, if can’t be eliminated.

So, there are laws to prevent such occurrences or terror attacks.

India had laws before also but there is default in the management of internal security. After the 26/11 terror attack in Mumbai, India felt the need to reassess and change the laws to control such activities.

It was felt necessary to make special anti-terror laws.

Let’s have a look on these anti-terror laws:-

1) Unlawful Activities (Prevention) Act, 1967:

This Act limited to meeting the challenge to the territorial integrity of India. The Act was a self-contained code of provisions for declaring secessionist associations as unlawful, adjudication by a tribunal, control of funds and places of work of unlawful associations, penalties for their members etc. The Act has all along been worked holistically as such and is completely within the purview of the central list in the 7th Schedule of the Constitution.

2) Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA):

Prevention) Act, 1987 (TADA), This act came into force on 3 September 1987 was The Terrorist & Disruptive Activities (Prevention) Act 1987 this act had much more stringent provisions then the UAPA and it was specifically designed to deal with terrorist activities in India. There were many instances of misuse of power for collateral purposes. The rigorous provisions contained in the statute came to be abused in the hands of law enforcement officials. TADA lapsed in 1995.

3)The Maharashtra Control of Organised Crime Act, 1999 (MCOCA):

The MCOCA was made to deal with rising organized crime in Maharashtra and especially in Mumbai due to the underworld influence. MCOCA does not stipulate prosecution of police officers found guilty of its misuse. .

4) Prevention of Terrorism Act, 2002:

The act was enacted and notified on 28th of Feb, 2002.
The Act provides the legal framework to strengthen the hands of the administration in our fight against the menace of terrorism and can and should be applied against such persons and acts as are covered by the provisions of this law and it is not meant as a substitute for action under ordinary criminal laws.

These all are the Preventive detention laws, that usually violated a number of Human Rights and Constitutional Rights of an Individual. But these laws are equally important in time where state are at risk. Other than Punitive detention laws, these Anti-Terror Laws gives uncontrolled powers to the party in rule too, which they usually exercised against the party sitting in opposition.

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