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TERRORISM LAWS AND HUMAN RIGHTS CONCERN

Karan Chhetri
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  1. INTRODUCTION 

Terrorism is one of the serious issues of growing India.  Despite being the 4th largest economy terrorism is still a serious threat to our country. From home grown extremist to cross border infiltration, India have faced many attacks that took the lives of the innocent people and shaken the public tranquility. Against these attacks, India had made various laws to counter them which include majorly Unlawful Activities (Prevention) Act, 1967 and many other State laws.

Terrorism laws implication always affect the fundamental of human right. By giving prolonged detention, shoot at sight, no free trial and many other infringes the rights of people detained for the offence of terrorism. Balancing the law and human right concern to maintain the integrity is still a continuing legal and ethical challenge.

  1. WHY DO WE NEED TERRORISM LAWS?

Terrorism laws need to be strong enough to protect the lives of the citizen and ordinary laws are unable to tackle the problem of terrorism in a way the terrorism laws can. The ordinary criminal acts are far from the terrorist act which is more severe, brutal and kill thousands of people at a time, so to counter this; a different law is needed to maintain peace and order in the society. This is the sole reason why the terrorism laws are so important in today’s world.

  1. HISTORICAL BACKGROUND OF TERRORISM LAWS

The first law that was made to counter terrorism in India was Unlawful Activities (Prevention) Act, 1967, which was aimed at countering the groups that threatened the sovereignty and integrity of India. After the insurgencies in Punjab, Terrorist and Disruptive Activities(Prevention) Act,1985 (TADA) but after a decade it was repealed in the year 1995 due to its widespread misuse as it resulted into arbitrarily arrest, prolonged detentions without trial and the admission of confession made to the police officer.

Again another act named Prevention of Terrorist Act, 2002 (POTA) was introduced with the objective to counter terrorism in India in the light of terrifying event like 2001 attack on the Indian Parliament. But soon in 2004 it was repealed due to its misuse and impact on the civil life.

Recently, the UAPA act was amended in the year 2004, 2008 and 2013. Through these Amendment Acts the framework and mechanism of the Act was strengthened. Banning the terrorist organizations, declaring individuals as terrorists, stringent bail conditions, and extending the detention periods are certain key features which are added by these amendments.  

  1. CONSTITUTIONAL BASIS OF TERRORISM LAWS 

Every law has its basis from the constitution because it is the Grundnorm of India.  Similarly, the terrorism laws also have its basis in many parts of the Indian constitution. It not only provides the rights but also reasonably restricts the rights so that no one can misuse their rights. The Constitution empowers the state government to make reasonable laws against terrorism to safeguard the sovereignty, integrity, and public order.

Following are some of the basis of the Constitution:-

  1. Preamble

The Indian Constitution lays down the preamble which provides for protecting the sovereignty, integrity and security of India. Terrorism laws also seek to safeguard India from the threat of terror.

  1. Fundamental Rights
  1. Article 19(1): This Article provides various freedoms to every person. Some of these freedoms are Freedom of Speech and Expression, Freedom to form Assembly, Associations etc. 
  1. Article19(2): It gives power to  the state government to put reasonable restrictions in case there is a violation of security of states, public order, sovereignty and integrity of India.
  1. Article 21: Article 21 is the most weighted Article of the Indian Constitution which provides for the Right to Life and Personal Liberty. The scope of this article is wider in the sense that it provides its right even to the persons who are offender under the terrorism laws or under any other law for the time being in force.
  1. Article 22: It protects the right of the person under detention. It also gives the constitutional basis to terrorism laws like National Security Act (NSA).
  1. Directive Principles of State Policy (DPSP) 

 Article 51A: This Article lays down certain duties which are to be fulfilled by the State while making their policies. It strengthens the unity among people and exclude the feelings of hatred towards our own country.

  1.  Emergency Provisions

Article 352 (National emergency), Article 356 (State emergency), Article 360 (Financial Emergency) can also be invoked in case terrorism affects the governance and economy of India.

  5.  ACTS MADE TO COUNTER TERRORISM

The Terrorism Acts are divided into two categories. One at the central level and other on the state  level known as The Central Act and The State Act. These acts are made to counter terrorism by Protection of Human Rights, Preservation of Human Rights, and Promotion of Human Rights. 

  1. UA(P)A Act which is known as Unlawful Activities (Prevention) Act, 1967
  2. Amendments in the year 2004, 2008, and 2013.
  3. NIA Act known as National Investigation Agency Act, 2008.
  1. MCOCA (Maharashtra Control of Organized Crime Act),1999
  2. CVJSA  (Chhattisgarh Vishesh Jan Suraksha Adhiniyam),2005
  3. KCOKA(Karnataka Control of organized Crime Act 2000)
  4. GCTOCA (Gujarat Control of Terrorism and Organized Crime Act),2015
  1.  LEGAL ACTS AND ITS PROVISION  

   SPECIAL  ANTI TERRORISM LAWS

Unlawful Activities (Prevention) Act, 1967 is one of the most essential law which was enforced to counter terrorism in India. This Act defines the word ‘terrorism’ and also punishes those who conspire, attempt, commit, or organized the terrorist act. Section 15, 38 and 48 of this Act are the main sections dealings with definition, membership of terrorist organization respectively.

The NIA investigate and prosecute the person accused of being terrorist, part of terrorist organization, specified in the schedule to the act, etc. It is a central agency established by the central government. It also provides for the special NIA Courts.

This act gives power to the court to pass the order of preventive detention of individuals that are suspected to be acting against the national security and public peace and order.

The court gives special power to the armed forces to counter the situation where there is any act of terrorism is seen

   PROVISIONS OF THE CRIMINAL LAW TO COUNTER TERRORISM

Section 113 of BNS specifically defines the terrorist act and also punishes those who commit, conspire, attempt, or a part of terrorist organization. It also punishes those who waged war against the India under section 152 of BNS, 2023.

BNSS is a procedural law, and therefore, it lays down the procedure to be followed in the criminal cases. Therefore, it also lays down the procedure for investigation, arrest, search, summons, warrants, and trial in the case of terrorism.

  1. OTHER RELEVANT PROVISIONS
  1. LANDMARK CASES

 In this case Supreme court pronounce the difference between a criminal act and a terrorist act and recognized terrorist as an assault on civilized society.

 In this case section 3 of TADA Act (Terrorist and Disruptive Activities Act) was referred where a person if commit, tries to commit, or a part of terrorist organization shall be punished with imprisonment for a term of 3 years.         

  As the accused were trying to escape from the police and running in a jungle with group of persons and carry explosives substance, considered liable for the offence as a part of terrorist organization and punished with the minimum punishment thereto.

In this case the appellant was alleged to be member of United Liberation Front of Assam ,which was a banned organization. The previous conviction was based on a confession that too before the Superintendent of Police. The court opined that this evidence is a weak evidence and sec 3(5) of TADA Act cannot be interpreted in this literal sense and that the accused can be convicted solely on the basis that he was a part of a banned organization as it is violative of Article 19 and Article 20 of the Indian constitution  until he infringes the unity ,or spread any kind of separatist activities or try to violate the public peace and order. Therefore the court said that the appellant is not liable under section 3(5) of TADA Act. 

  1. CONCLUSION

Terrorism laws are very important for today’s World for ensuring the national security for the various Nations. But, these laws must be implemented in consonance with the Indian Constitution and the Human Rights Standards. These laws must not become a tool of oppression and arbitrariness in the guise of security measures.

A remarkable democracy is the one which balances the national security with the human rights of the individuals. Therefore, the terrorism laws should be such as to counter the terrorist acts without violating the human rights standards.

The individuals must remain vigilant about the use and misuse of the terrorism laws. Citizens must be capable of holding the State accountable for their arbitrary actions.

  1. REFRENCES

Written by Anamika Kumari, student of Panjab University Regional Center, Hoshiarpur, Punjab, and an intern under Legal Vidhiya.

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is personal.

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