Fighting Terror

So far, even as various state governments — especially those ruled by the BJP — have been repeatedly demanding a strong law to deal with terrorists, the Congress-led UPA Government has refused to frame a law to do so. It continues to refuse to give Presidential assent to anti-terror laws legislated by Gujarat, Rajasthan, Madhya Pradesh and Andhra Pradesh. The Uttar Pradesh Government also recently withdrew its anti-terror Bill that was stuck in the Ministry of Home Affairs.

Currently, the only Central law that deals specifically with terrorism is the Unlawful Activities Prevention (Amendment) Act, 2004, which is an amended version of the 1967 law of the same name. Most state governments have termed the law as "inadequate" and "toothless", as it does not give special powers to the police or provide for special courts to deal with terrorists. Here's a look at the anti-terror laws enacted in the country over the years.

National Security Act, 1980

This law is still in force and empowers both the Central Government and the state governments to detain a person to prevent him from acting in any manner prejudicial to the defence and security of the country or India's relations with a foreign country. Under the Act, advisory boards, headed by a sitting or a retired HC judge, have to be constituted to approve each detention and the state Government has to submit a report to the Centre stating the reason for the detention. In case the advisory board feels the person has been wrongfully detained, it can order his release. The maximum period for which any person can be detained under this law is 12 months from the date of arrest. In most states, the police use this law to detain petty criminals.

Terrorist And Disruptive Activities (Prevention) Act, 1985 And 1987

It was first enacted in May 1985 for a period of two years. On May 23, 1987, the Union Government, headed by Rajiv Gandhi, got an ordinance promulgated by the President and added more stringent measures to the Act in order to strengthen it and enacted what is better known as TADA, 1987. Apart from being the first law that talked of “terrorist acts, TADA mandated setting up of special courts to try these offences. While giving more powers to the police, the law made getting a bail almost impossible. Under TADA, 1987, harbouring terrorists, being members of terrorist groups, accumulating property through terrorist activities, possessing arms in specified areas were offences.

... contd.