LAWS RELATING TO ANTI-TERRORISM IN INDIA

AND PROTECTION OF HUMAN RIGHTS:

AN ANALYSIS
This presentation examines India's
comprehensive legal framework against
terrorism and its profound impact on
fundamental human rights. We will delve into
how these laws balance the imperative of
national security with the crucial need to uphold
civil liberties. Understanding this complex
interplay is vital for appreciating the challenges
and nuances of counter-terrorism in a
democratic society.
BERHAMPUR UNIVERSITY, DEPT. OF LAW
GUIDED BY : DR.CHITTARANJAN GOGOI,CO-ORDINATOR
PRESENTED BY : ANANYA PRATYUSHA DASH
LAWMC-203-LAWS RELATING TO EDUCATION
 • THE EVOLVING THREAT OF TERRORISM IN INDIA
• HISTORICAL CONTEXT : EARLY ANTI- TERROR LEGISLATION
• THE UNLAWFUL ACTIVITIES ( PREVENTION ) ACT,UAPA
• KEY PROVISIONS & POWERS UNDER UAPA
• HUMAN RIGHTS CONCERNS UNDER UAPA
• THE NIA : STRUCTURE & AUTHORITY
• CONSTITUTIONAL GUARANTEES & HUMAN RIGHTS IN INDIA
• SAFEGUARDS & JUDICIAL SCRUTINY
SYNOPSIS:

• THE BALANCING ACT: NATIONAL SECURITY V HUMAN

RIGHTS
• CASE STUDIES & REAL WORLD IMPACT
• CONCLUSION : TOWARDS A BALANCED FRAMEWORK
The Evolving Threat of Terrorism in
India:
Global Terrorism Index
Diverse Threats
India ranks 13th on the Global The country confronts a
Terrorism Index 2023, indicating a multifaceted array of threats,
significant and persistent threat including cross-border terrorism,
internal insurgencies, and
landscape. This position radicalization, each posing
underscores the ongoing unique challenges to national
challenges the nation faces in security and stability
combating various forms of
terrorism.
Major Incidents Human Cost

Notable terror attacks like the 26/11 Since 2000, India has tragically
Mumbai attacks in 2008 and the recorded over 8,000 terror-related
Parliament Attack in 2001 highlight deaths, a stark reminder of the
the devastating impact of terrorism human toll exacted by extremist
and the urgent need for robust violence and the importance of
counter-terrorism measures. preventive laws.
 Historical Context: Early Anti-Terror
India's legal framework for counter-terrorism has undergone significant evolution, marked by the repeal of
Legislation:
previous acts like TADA (1985-1995) and POTA (2002-2004). The Unlawful Activities (Prevention) Act (UAPA)
of 1967 now stands as the primary anti-terrorism legislation. This act has been substantially amended in
2004, 2008, 2012, and 2019 to address contemporary threats. Furthermore, the National Investigation
Agency (NIA) Act, 2008, established a specialized agency to investigate and prosecute terror-related cases,
solidifying India's commitment to combating terrorism.

POTA (2002-2004)
TADA (1987-1995)
The Terrorist and Disruptive Enacted in the aftermath of
Activities (Prevention) Act 9/11, the Prevention of
granted broad powers to Terrorism Act contained
authorities, notably allowing provisions similar to TADA,
confessions made to police aiming to strengthen the
as admissible evidence, a legal framework against
significant departure from terrorism during a period of
standard criminal law. heightened global security
 The Unlawful Activities
(Prevention) Act (UAPA):
Current Framework:
The Unlawful Activities (Prevention) Act,
originally enacted in 1967, stands as India's
primary anti-terrorism legislation. It has
undergone significant amendments in 2004,
2008, 2012, and most notably in 2019,
reflecting the evolving nature of terror
UAPA
threatspossesses a broad scope,
and international defining terms
counter-terrorism
such as "unlawful activity" and "terrorist act"
efforts.
in ways that encompass a wide range of
actions. The act's core objective is to prevent,
investigate, and prosecute offenses related to
terrorist activities, providing the state with
extensive powers to counter national security
threats. Its continuous evolution highlights
the ongoing struggle to adapt legal tools to
ey Provisions & Powers Under UAPA:
Individual Designation
The 2019 amendment empowered the government to designate individuals as
terrorists, even without their association with a banned organization, significantly
expanding the scope of the law.

Bail Restrictions
UAPA imposes highly stringent bail conditions, making it exceptionally difficult for
accused individuals to secure release. Bail is granted only if the court has "reasonable
grounds" to believe the accusation is untrue.

Extended Detention
The act allows for prolonged periods of detention without charge, with police
custody extendable up to 30 days and judicial custody up to 180 days, far
exceeding standard criminal procedure limits.

Property Attachment
UAPA provides extensive powers for the attachment and confiscation of
property believed to be linked to terrorist activities, aiming to disrupt financial
networks supporting terrorism.
 Human Rights Concerns Under UAPA:
• Due Process Concerns arise from prolonged pre-charge detention
periods and severe restrictions on bail, which can
undermine the presumption of innocence and lead to
lengthy incarceration without conviction
• Right to Fair Trial The law has been criticized for potentially shifting the
burden of proof onto the accused in certain
circumstances, and the admissibility of confessions made
to police complicates fair trial guarantees.
• Freedom of Expression
There are widespread concerns that the broad definitions
within UAPA could be used to suppress legitimate dissent,
silence critics, and target activists, thereby chilling free
speech.
• Targeting Minorities Allegations persist regarding the disproportionate
application of UAPA against specific minority groups,
raising fears of discrimination and exacerbating existing
societal divisions.
The National Investigation Agency (NIA): Structure &
Authority:
Established in the aftermath of the devastating 26/11 Mumbai attacks, the
National Investigation Agency (NIA) serves as India's central counter-terrorism
law enforcement agency. With nationwide jurisdiction, the NIA is empowered to
investigate, arrest, and seize property in terror-related cases. The agency
operates through specialized NIA Courts designed to facilitate speedy trials.
Since its inception, the NIA has registered over 1000 cases, as detailed in its
annual reports, playing a crucial role in bringing perpetrators of terrorism to
justice and strengthening national security.

Central Agency Special Courts Broad Powers

Dedicated NIA Courts for speedy Investigate, arrest, seize
Nationwide jurisdiction.
trials. property.
Constitutional Guarantees & Human
Rights in India:
The Constitution of India enshrines a robust set of fundamental human rights, acting as a bulwark
against state overreach and ensuring individual liberties. Article 21 guarantees the right to life and
personal liberty, while Article 22 provides protection against arbitrary arrest and detention. Article 14
ensures equality before the law, and Article 20 safeguards individuals against conviction for offenses
without due process. The National Human Rights Commission (NHRC) further plays a vital role in
monitoring and addressing human rights abuses, working to uphold these constitutional guarantees.

• Article 21: Right to life and personal liberty.

• Article 22: Protection against arrest and detention.

• Article 14: Equality before the law.

• Article 20: Protection in respect of conviction for

offences.
Safeguards & Judicial
1.Judicial Review
Scrutiny: High Courts and the Supreme
Despite the concerns surrounding UAPA,
Court actively review UAPA
several crucial safeguards and mechanisms
for judicial scrutiny exist within the Indian cases, ensuring constitutional
legal system. These are intended to ensure adherence
2.NHRC Oversight
that the application of the law remains The National Human Rights Commission
within constitutional bounds and respects investigates complaints of human rights
The Indian
human rightsjudiciary plays a critical role in
principles. violations under UAPA.
upholding constitutional limits on state
3.Legal Aid Provisions
power, particularly in cases involving anti- Accused individuals are
terrorism laws. The Supreme Court entitled to free legal
interprets these constitutional provisions, assistance, promoting access
as seen in landmark judgments. While the to justice for all.
NIA v. Zahoor Watali (2019) case upheld 4.Parliamentary Debates
strict bail conditions under UAPA, recent Ongoing parliamentary
rulings like Anas v. State of Kerala (2023) oversight and public debates
highlight the Supreme Court's emphasis on ensure continuous review and
swift trials and granting bail in appropriate calls
5.Rulefor amendments
of Law Emphasis
circumstances. High Courts also regularly Courts consistently emphasize the
review detention orders and bail rejections,
paramount importance of strict
providing an essential layer of oversight.
adherence to due process in all
The Balancing Act: National Security vs. Human
Rights:
Striking a balance between national security
and human rights is a perpetual challenge for
any democratic state. On one hand, the state
has a legitimate and undeniable duty to
protect its citizens from the grave threat of
terrorism, which seeks to destabilize society
and cause widespread harm. This
necessitates
On the other robust legal frameworks
hand, human and
rights, particularly
enforcement powers.
the right to life and personal liberty enshrined
in Article 21 of the Indian Constitution, form the
cornerstone of a democratic society. Overly
broad or draconian laws risk eroding these
fundamental liberties, leading to potential
abuses of power and the suppression of
legitimate dissent. Adherence to international
counter-terrorism conventions and norms is
crucial to ensure that national efforts align with
Case Studies and Real-World
Impact
Real-world cases vividly illustrate the
tension between anti-terrorism laws and 1. Kartar Singh v. State of Punjab (AIR 1994 SC 1734) – TADA
human rights in India. The Bhima  Landmark judgment upholding the constitutional validity of TADA, but
Koregaon case, for instance, has seen laid down strict procedural safeguards:
o Confession to police must be voluntary and with full awareness of
multiple activists and academics detained
legal rights.
under UAPA since 2018, raising
o Mandatory legal representation during trial.
significant concerns about prolonged
o Review of detentions by an advisory board.
incarceration without conviction. The
2. PUCL v. Union of India (2004) 9 SCC 580 – POTA
tragic death of Father Stan Swamy, an 84-
 Dealt with telephone tapping under POTA.
year-old activist, while awaiting trial
 The Supreme Court insisted on:
under UAPA, further underscored these
o Proper authorization from a competent authority.
anxieties. Similarly, the detention of
o Record-keeping and periodic review.
journalist Siddique Kappan for over two
o Judicial oversight in the use of such intrusive measures.
years before being granted bail in a UAPA
case highlights the potential for extended
periods of pre-trial detention.
Conclusion: Towards a Balanced
Framework
Terrorism remains a profound threat that necessitates robust legal frameworks to ensure national
security. However, it is equally crucial that these laws are implemented in a manner that upholds
human rights, which are integral to a democratic counter-terrorism strategy. Moving forward,
recommendations include refining the definitions within the UAPA to be narrower and more precise,
reducing the potential for misuse. Stricter judicial oversight is essential to prevent arbitrary arrests
and ensure due process. Additionally, there is a pressing need for expedited trials and clear
accountability mechanisms for any procedural lapses or human rights violations. Continuous review
of these laws is paramount to ensure their proportionality and effectiveness in balancing security
needs with the protection of fundamental freedoms.
THANK YOU….

"Terrorism has no religion,

no nationality, and no
humanity. We must all
come together to fight
against this evil," -