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Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 (modified in 1987) under the background of the
Punjab insurgency {{Infobox military conflict , conflict = Insurgency in Punjab , image = Punjab in India (claimed and disputed hatched).svg , caption = Affected areas coloured in Red , image_size = 300px , date ...
and was applied to whole of India. It was originally assented to by the President on 23 May 1985 and came into effect on 24 May 1985. This act was intended to halt the Khalistani Movement, an armed Sikh separatist movement present in Punjab. It later expanded to encompass other states as well. The Act had a sunset provision for lapsing after two years post-commencement, which it did on 24 May 1987. The Parliament not being in session, the life of the Act could not be extended. But the provisions were kept alive by an ordinance effective from the expiry date of the Act. This ordinance was later replaced with the Terrorist and Disruptive Activities (Prevention) Act, 1987. It was assented to on 3 September 1987, and made effective in two parts from 24 May 1987 and 3 September 1987. This also had a sunset provision of two years from 24 May 1987. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing unpopularity after widespread allegations of abuse. It was the first anti-terrorism law legislated by the government to define and counter terrorist activities. The Act's third paragraph gives a very thorough definition of "
terrorism Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
":


Powers

The law gave wide powers to
law enforcement agencies A law enforcement agency (LEA) is any government agency responsible for the enforcement of the laws. Jurisdiction LEAs which have their ability to apply their powers restricted in some way are said to operate within a jurisdiction. LEA ...
for dealing with national terrorist and 'socially disruptive' activities. The police were not obliged to produce a detainee before a judicial magistrate within 24 hours. The accused person could be detained up to 1 year. Confessions made to police officers was admissible as evidence in the court of law, with the burden of proof being on the accused to prove his innocence. Courts were set up exclusively to hear the cases and deliver judgements pertaining to the persons accused under this Act. The trials could be held in camera with the identities of the witnesses kept hidden. Under 7A of the Act, Police officers were also empowered to attach the
properties Property is the ownership of land, resources, improvements or other tangible objects, or intellectual property. Property may also refer to: Mathematics * Property (mathematics) Philosophy and science * Property (philosophy), in philosophy an ...
of the accused under this Act. Under this act police have no rights to give third degree or harassed anyone to speak as mentioned in the act.


Criticism

The Act was widely criticised by human rights organisations as it contained provisions violating human rights. The criticism are centred on the following facts:- *Under this Act whoever advocates directly or indirectly for
cession The act of cession is the assignment of property to another entity. In international law it commonly refers to land transferred by treaty. Ballentine's Law Dictionary defines cession as "a surrender; a giving up; a relinquishment of jurisdictio ...
or
secession Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the former Soviet republics le ...
in any part of India is liable to be punished. *The Act provided that a person can be detained up to 1 year without formal charges or trial against him. *Section 20 of the Act provides that detainee can be in police custody up to 60 days which increases risk of
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...
. Also the detainee need not be produced before a judicial magistrate, but instead may be produced before an executive magistrate who is an official of police and administrative service and is not answerable to high court. *The trial can be held secretly at any place and also keeps the identity of the witnesses secret violating international standards of fair trial. *The Act reverses the presumption of innocence of the accused under the Act. Under section 21 of the Act, the person who is accused of committing a terrorist act where arms and explosives were recovered or made confessions to someone other than a police officer or provided financial assistance for the commission of the terrorist act or by suspicion that the person has arms or explosives or financial assistance to commit the terrorist act, then the person shall be presumed to be guilty unless contrary is proved. *A person making confessions to a police officer not below the rank of superintendent of the police can be used as evidence against him. *Section 19 of the Act bars persons accused under this Act to appeal except the Supreme court.


Impact

The number of people arrested under the act had exceeded 76,000, by 30 June 1994. Twenty-five percent of these cases were dropped by the police without any charges being framed. Only 35 percent of the cases were brought to trial, of which 95 percent resulted in acquittals. Less than 2 percent of those arrested were
convicted In law, a conviction is the verdict reached by a court of law finding a defendant guilty of a crime. The opposite of a conviction is an acquittal (that is, "not guilty"). In Scotland, there can also be a verdict of " not proven", which is co ...
. The TADA act was ultimately repealed and succeeded by the Prevention of Terrorist Activities Act (2002-2004) and this act was subsequently repealed after much controversy as well. Yet many continue to be held under TADA.


Supreme Court ruling

The Supreme Court has held that mere membership of a banned organisation does not make the member liable for the punishment under this Act.Arup Bhuyan Vs. State of Assam- Criminal Appeal No. 889 of 2007


See also

*
Anti-terrorism legislation Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its ...


References


Sources

*.


External links


TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987


{{DEFAULTSORT:Terrorist And Disruptive Activities (Prevention) Act Terrorism laws in India Acts of the Parliament of India 1985 1993 Bombay bombings 1990s in India 1987 in India 1989 in India 1991 in India 1995 in India Repealed Indian legislation Rajiv Gandhi administration Repealed Acts of the Parliament of India