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Anti Terrorism Laws in India Upsc

Pune police said five prominent human rights activists were being investigated for crimes under the Prevention of Illegal Activities Act (UAPA) of 1967, a strict anti-terrorism law last amended in 2012 to give law enforcement agencies sweeping powers. Here`s how India`s central anti-terrorism laws have evolved over the years. Prevention of Terrorist Activities Act 2002 (POTA) After the hijacking of IC-814 in 1999 and the 2001 attack on Parliament, there was a call for a stronger anti-terrorism law, which took the form of the Prevention of Terrorism Act (POTA). When it was introduced, it was widely rejected not even in the Indian parliament, but throughout India, especially among human rights organizations, as they believed that the law violated most of the fundamental rights enshrined in the Indian Constitution. However, the law-making parties welcomed the legislation on the grounds that it was effective in ensuring a speedy trial of those accused of engaging in or facilitating terrorism. POTA has been seen as useful in curbing “state-sponsored cross-border terrorism.” The Act replaced the Prevention of Terrorism Ordinance 2001 and the Terrorist and Disruptive Activities (Prevention) Act 2001 (1985-95). The law provides the legal framework to strengthen the administrative rights of counter-terrorism in the Indian country and should be enforced against any person. The law defines what constitutes a terrorist act and a terrorist and grants special powers to the investigating authorities described in the law. To ensure that certain powers are not abused and that no human rights violations take place, specific safeguards have been incorporated into the law. Under the law, the detention of a suspect was allowed for up to 180 days without charge in court. It also allowed law enforcement not to disclose the identities of witnesses and to treat confessions to the police as an admission of guilt. Under ordinary Indian law, a person can deny such a confession in court, but not under POTA. As soon as the law became law, many reports of the blatant abuse of the law surfaced.

Allegations have surfaced that the POTA legislation has contributed to corruption within the Indian police and judicial system. Human rights and civil rights groups fought against it. Law enforcement became one of the issues in the 2004 elections. The Government of the United Progressive Alliance of India pledged to repeal the law as part of its campaign, and it was finally repealed in 2004 after the UPA came to power and its features were incorporated into the UAPA. Terrorism in India has risen sharply over the past two decades. Bomb explosions and terrorist attacks in many cities such as Jaipur, Ahmedabad, Banglore and the Mumbai attack on 2611 and the recent Pune attack on 1422010. The terrorist attack outraged all patriotic Indians. No civilized nation can allow this kind of barbaric inhumanity to be partially or completely supported or sponsored by neighbors or national insurgents. The only way to combat them is to minimize or even eliminate such incidents. Prevention is crucial; and laws like Pota can prevent such events.

After the 2611 attacks on the Mumabi, the Indian attitude towards the terrorist and the terrorist organization changed, the laws became much stricter to curb such activities. India faces various challenges in managing its internal security. There is an increase in terrorist activities, an intensification of cross-border terrorist activities and insurgent groups in different parts of the country. Terrorism has now taken on a global dimension and has become a challenge for the whole world. The range and methods used by terrorist groups and organizations use modern means of communication and technology using high-tech facilities in the form of communication systems, means of transport, sophisticated weapons and various other means. This allowed them to strike at will and create terror among the people. India`s criminal justice system, such as the Code of Criminal Procedure (P.C..c.), was not designed to deal with such heinous crimes. Faced with this situation, it was deemed necessary to enact special anti-terrorist laws in order to severely punish this hostility towards humanity. There are many laws that are made in India, but protest against these laws on the basis of the violation of the fundamental rights of the people.

However, in india`s post-terrorism laws, the protagonists welcomed the legislation on the grounds that it was effective in ensuring the speed of the process against those accused of engaging in or supporting terrorism. But after a while, these laws collapsed in terms of human rights. But after 11/26, we need a law that is too strict to stop terrorist activities. We have been talking about terrorism for a long time….. So let`s discuss what terrorism is? What is terrorism? Terrorism is the most heinous activity in the world. The term “terrorism” comes from the French word terrorism, which is based on the Latin verb “terrere” (trembler). The Jacobins cited this precedent when they imposed a reign of terror during the French Revolution. After the Jacobins lost power, the word “terrorist” became a concept of abuse. In modern times, “terrorism” generally refers to the killing of innocent people by a private group in a way that creates a media spectacle. In November 2004, a United Nations Security Council report described terrorism as any act “aimed at inflicting death or serious bodily harm on civilians or non-combatants in order to intimidate a population or force a government or international organization to take or abstain.” In many countries, acts of terrorism are legally distinguished from criminal acts committed for other purposes, and “terrorism” is defined by law. Terrorism in India began before India`s independence in 1947, but these periods of terrorist activity are aimed at creating fear under the British regime and not killing the people in general.

So we did not call these freedom fighters terrorists, but after 1947 the terrorist actors to kill innocent people. In the early days, Kashmir, Punjab and the northeastern border regions were affected by terrorism. But in today`s Cinario, the scale of terrorism has increased. The regions with long-term terrorist activities today are Jammu and Kashmir, Mumbai, Central India (naxalism) and seven sister states (independence and autonomy movements). In the past, the Punjab uprising has led to militant activity in the Indian state of Punjab as well as in the state capital, Delhi. In India`s concern for terrorism, this is the main feature of terrorist activities in the form of religious terrorism. Religious terrorism is terrorism perpetrated by groups or individuals whose motivation is generally rooted in the underlying principles. Terrorist acts have been perpetrated over the centuries for religious reasons, in the hope of spreading or enforcing a system of belief, point of view or opinion. Terrorist activities in India are mainly due to radical Islamic, Hindu, Sikh, Christian and Naxalite movements.