| | | | | people who call themselves so because of the |
| | | | | very reason that India doesn’t have any |
| November 26th, 2008 the city of Mumbai woke | | | | official law to tackle the problem of Terrorism. |
| to a macabre morning. Mumbai was burning. The | | | | The country has proved to be unable to curb the |
| gory fire of terrorism has engulfed the entire city | | | | activities of barred organizations like Student |
| and the heat waves could be felt throughout the | | | | Islamic Movement of India (SIMI). Due to absence |
| country and all over the world.23 blasts in less | | | | of strict laws the government has failed to go |
| than 24hours and 7 terror attacks shook the | | | | ahead with execution of the death sentence of |
| nation which has advocated peace and harmony | | | | convicted terrorists like Afzal Guru. The Congress |
| for a period immemorial. It took the authorities | | | | government’s major undertaking after |
| approximately 40 hours, more than 200 lives and | | | | coming to power was the repealing of the |
| loss of immense property to bring down the | | | | Prevention of the Terrorism Act. India |
| terrorists and get the city going on a normal pace. | | | | doesn’t even have a proper legal backing to |
| If we go by facts in India, more than 600 | | | | deal with terrorism. While many nations world |
| people have been killed and hundreds have been | | | | over strengthened their anti terror laws after 9 |
| injured in the last 6 years. In 2008, India has been | | | | 11, our country have taken retrograde steps by |
| time and again threatened by these terror | | | | abolishing POTA. Thus there is an urgent need of |
| attacks. To mention a few the Assam blasts on | | | | an Anti terrorism law in India. |
| 30th October, 2008 which caused 45 deaths and | | | | Two laws in India were enacted to deal with the |
| over 100 causalities; Malegaon in Maharashtra and | | | | menace of terrorism in different times. These |
| Modara in Gujrat which had also been targeted; | | | | two laws were heavily criticized and reprimanded |
| 20 synchronized bomb blasts on July 26th in | | | | by various parts of the society on the account |
| Ahmedabad which killed 57 people; 13th May when | | | | that, these were contradictory and affected the |
| Jaipur witnessed 7 blasts within 12minutes, should | | | | Human Rights of the people. It was also argued |
| have woken the central legislative authorities in | | | | that anti terrorism laws vitiated the due process |
| scrutinizing the failure of intelligence and various | | | | of law. There was n uproar in all sections of the |
| laws dealing with terrorism. But apart from lionizing | | | | society and they were consequently repealed. |
| the situation and regretting the aftermath, the | | | | That they flouted the basic concepts of legal |
| authorities have been sitting on their | | | | infrastructure cannot be negated. A lot of |
| responsibilities. | | | | criticisms have been faced by the Anti Terrorism |
| Why is it so that the government has been still | | | | Laws like, there is a lot of chances of the |
| disinclined to take stringent rules after so many | | | | innocent getting convicted and harassed. Due to |
| vile incidents causing loss of life and property and | | | | racist and caste feelings in this country it is very |
| spreading terror amongst the general public? What | | | | much possible than any individual who is innocent |
| is it that holds the apex authorities from taking | | | | can fall a prey to such acts and suffer. Anti |
| precise steps in curbing these terrorist attacks? Is | | | | Terrorism Laws are also said to be misused all |
| it the nexus between our high profile politicians | | | | over the world, especially it could be so in India. |
| and the bunch of people who call themselves the | | | | The police mechanism of extracting confession by |
| freedom fighters and actually execute terrorism | | | | torture is refutable, and there is an acute lack of |
| to its core? Is it the poor intelligence of our | | | | transparency in the government functioning in |
| security services or the lack of proper law | | | | India. It is also said that harsh terrorist laws may |
| enforcement or is it the rampant corruption that | | | | alienate the common people and the police. This is |
| prevails in the very veins of our system? | | | | exactly what the terrorist want to spread |
| Terrorism has been a part of this human | | | | –hatred and revenge, ill feeling, disharmony in |
| civilization since its evolution and is not a concept | | | | all and every person. Thus no matter how hard |
| of the new economic world but the means, ways | | | | the Anti terrorism laws are criticized and |
| and methods of terrorizing has become more | | | | discredited, they are the need of the hour. |
| gruesome, destructive and lethal in due course of | | | | Previous laws in India, to deal with terrorism |
| time. As for a fact, there is no agreed definition | | | | were- the Terrorism and Disruptive Activities |
| of the term “Terrorism”. The Webster | | | | (Prevention) Act and the Prevention of Terrorism |
| Dictionary gives a definition of it as, | | | | Act. |
| | | | | Terrorism and Disruptive Activities (Prevention) |
| “The systematic use of terror especially as | | | | Act was passed in 1985 and amended in 1987. |
| means of coercion.” | | | | Though the TADA was repealed in 1995. The |
| Thus it may be concluded that any or every act | | | | Indian Government then introduced the Prevention |
| which causes fear is a terror act. Terrorism may | | | | of Terrorism Ordinance (POTO) on October 2001 |
| also include acts of unlawful violence and war. | | | | and the legislature passed the prevention of |
| There is a old adage that, “one man’s | | | | Terrorism Act (POTA) on March 2002. The main |
| terrorist is another man’s freedom | | | | reasons why this laws were abhorred and finally |
| fighter”. | | | | repealed was because it was thought to be in |
| Terrorism is in sense the segregation and | | | | violation of many fundamental Human rights |
| marginalization of certain sections of society by | | | | enshrined in constitution of India. |
| the State itself and its machinery, which often | | | | Though it was struck down, the Prevention of |
| leads to great upheaval and dissatisfaction in that | | | | Terrorism Act was an important legislative step |
| group. This in turn results in the group adopting | | | | by the government. This act was enacted on |
| violent, incorrect and lethal ways to address their | | | | June 2002. Some of the salient features of the |
| needs, demands and grievances. | | | | Prevention of Terrorism Act were: |
| LAWS ADOPTED BY DIFFERENT COUNTRIES | | | | 1. It allowed detention of a suspect for up to 180 |
| TO CHECK TERRORISM | | | | days without filing in charges in court. |
| 1. South Africa | | | | 2. It allowed law enforcement agencies to with |
| | | | | hold the identities of witnesses and treats a |
| In the Republic of South Africa, a act called the | | | | confession made to the police as an admission of |
| “Terrorism Act No. 83” was passed in | | | | guilt. |
| 1967. This was the first attempt by the | | | | 3. Some 800 people were arrested and jailed |
| government on a law which will specifically deal | | | | under the Prevention of Terrorism Act. |
| with terrorism. This act defined the word | | | | 4. 4000 people across the country were also |
| terrorism as “anything that might endanger | | | | booked under the Act. |
| the maintenance of law and order”. | | | | 5. 32 organizations were banned as terrorists’ |
| Section 6 of the act stated that, “someone | | | | organization by the government. |
| suspected of terrorism to be detained for an | | | | |
| indefinite period without trial on the authority of a | | | | The National Security Act was also passed along |
| senior police officer”. | | | | with the Unlawful Activities (prevention) Act to |
| The South African Bureau of State Security was | | | | check terrorism. |
| established keeping in mind the provisions of the | | | | |
| Terrorism Act No. 83. The bureau’s job was | | | | Severity of the earlier laws and their misuse only |
| to monitor National Security. The chairman of the | | | | serves to underline the need to reframe the laws. |
| South African Bureau of State Security was | | | | Anti terrorism laws are an absolute necessity for |
| Hendrik Van Den Bergh. This bureau gave way | | | | society and it should not be treated as political |
| for the National Intelligence Service in 1980. | | | | issues even if the implementation is questioned by |
| Eventually the National Intelligence Service was | | | | Human Rights Forum. Terrorism is not a passing |
| replaced by South African Secret Service and the | | | | phase thus the laws should be efficient, but should |
| National Intelligence Agency with the passing of | | | | take some considerations like: |
| the Intelligence Act in 1994. | | | | 1. The Anti Terrorism laws should not be in |
| | | | | contravention to any rule of law. The laws should |
| 2. United Kingdom | | | | be within the realm of legal principles. |
| | | | | 2. The Anti Terrorism laws should be uniform and |
| The United Kingdom has been very active in | | | | equal for everyone. There should be uniform |
| taking a vigilance of various aspects and | | | | application and execution of the laws. |
| measures to curb Terror acts from a very long | | | | 3. The definition of terrorism should be precisely |
| time. Many Terrorism acts were passed between | | | | narrowed down to exclude criminal activities. Acts |
| 1974-1989 by the government of Britain. The | | | | where the essence of terror is missing should not |
| United Kingdom has terrorist laws for the last 30 | | | | be included in the purview of the special laws. This |
| years initially to deal with the trouble in Northern | | | | would avoid unnecessary conviction and |
| Ireland. | | | | harassment of convicted persons. |
| With the passage of time and the concept of | | | | 4. There should be greater protection given to |
| terrorism taking stronger grip and becoming more | | | | the witnesses so that there is greater |
| heinous the Terrorism Laws were modified and a | | | | participation and co operation by the meek public |
| number of amendments was brought about. The | | | | without any fear and influence. |
| result was an array of stringent and strict anti | | | | 5. The terrorist organizations and other such |
| terrorism laws was enacted. Though these laws | | | | organizations with the potential to become |
| were frequently criticized and put down by | | | | terrorist organization irrespective of whether |
| various Human Rights Groups, the British | | | | terrorist acts are committed by them or not has |
| government did go ahead with them. | | | | to be sanctioned by law. Constant surveillance of |
| Terrorism laws were taken seriously after | | | | its leaders, members and supporters is required. |
| the 9/11 attacks. The United Kingdom passed the | | | | 6. Transparency and review procedures would |
| Terrorism Act in 2000. It was an emergency | | | | have to be clearly set out in the newly enacted |
| legislation to increase powers to deal with | | | | law. |
| individuals suspected of planning or assisting | | | | 7. There should be establishment of specialized |
| terrorist attacks within the United Kingdom. | | | | agencies to lessen the burden of the enforcement |
| Subsequently, the Anti terrorism, Crime and | | | | agency of the state. So that the activities under |
| Security Act, was passed in 2001. It deals with | | | | the special law are properly carried out. |
| resident foreigners suspected of terrorism could | | | | 8. The state has to be empowered by law to |
| be interned without trial, if they could not be | | | | prevent recruitment of cadres rising of funds and |
| deported to another country without breaching | | | | other form of support by propaganda and to |
| British Human rights legislation. | | | | scrutinize and freeze funds and assets. |
| | | | | After the carnage in Mumbai the government is |
| 3. United States Of America | | | | planning to invoke the National Security Act, to |
| | | | | tighten laws to deal with terrorism. The centre is |
| After the whole world witnessed the worst terror | | | | also in favour to set up a federal investigation |
| attack in its history on 9th September, the United | | | | agency and tighten the laws to deal with |
| States of America passed the PATRIOT Act. | | | | terrorism more effectively. The government has |
| The then president of the USA, George Walker | | | | also promised to choke the infiltration links and |
| Bush signed into law the PATRIOT Act. It is an | | | | funds to ensure that such elements pay a heavy |
| acronym for, United and Strengthening | | | | price for such cowardly and horrific acts of |
| America by Providing Appropriate Tools | | | | terrorism. While the NSA would be used to deal |
| Required to Intercept and Obstruct Terrorism Act | | | | with situations of this kind exiting laws would be |
| of 2001. | | | | tightened to ensure that there were no loopholes |
| The prominent outcome of the PATRIOT | | | | available to terrorists to escape the clutches of |
| Act was the increased ability of the law | | | | law. |
| enforcement agencies to search every records | | | | We need to win people over, so that there are |
| and documents. The restrictions on foreign | | | | no more recruits, no needless harassment and |
| intelligence gathering within the United States | | | | torture to support the public. India needs an anti |
| were eased. Apart from that the regulation of | | | | terrorism law but we need to first strengthen the |
| financial transactions by the Secretary of the | | | | law enforcement machinery. Be more security |
| Treasury’s authority was expanded. Also, the | | | | enabled and sharpen our intelligence services. To |
| discretion of law enforcement and immigration | | | | stymie terrorist organizations’ and weaken |
| authorities in detaining and deporting immigrants | | | | the capabilities of terrorist organization there is an |
| suspected of terrorism related acts were | | | | urgent need to enact counter terrorist laws. Anti |
| enhanced. | | | | Terrorism laws should be viewed as an efficient |
| | | | | response within the rule of law. With the NSA |
| | | | | Coming into force India has also come in the |
| It is said that the good governance is the panacea | | | | league of nations boasting of efficient Anti |
| to all ills. When all the governments in and around | | | | Terrorism Laws and legislations during these |
| the world are taking precise steps and enforcing | | | | troubled times. Counter terrorism laws should be |
| various laws to check and impede the terrorist | | | | viewed as safeguards for collective security. It is |
| organizations and activities, India has taken a | | | | the efficient implementation of the laws that need |
| retrograde stand and repealed the only anti | | | | to be analyzed, rectified and addressed to, the |
| terrorism law it had. | | | | need for Anti Terrorism laws should not be |
| India may be a easy target for the terrorists or | | | | questioned. |