Terrorism and Organised Crime - TADA, POTA, LTE (Download PDF)

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5 prominent human rights activists have been arrested in Maharashtra. Charges based on the stringent “Unlawful Activities Prevention Act” (UAPA) .

TADA

  • Terrorist and Disruptive Activities (Prevention) Act, 1987.
  • The main law used in cases of terrorism and organised crime.
  • Due to misuse it was allowed to lapse in 1995.
  • Enhanced power to detain suspects and attach properties.
  • “Confessions given to a police officer” admissible as evidence.
  • To hear cases filed under TADA separate courts were set up.

POTA

  • “Prevention of Terrorism Act” (POTA) , 2002.
  • Came in wake of the 1999 IC-814 hijack and 2001 Parliament attack.
  • A suspect after undergoing trial by a special court could be detained for up to 180 days.
  • Any fundraising for the purpose of terrorism would be declared as a “terrorist act” .
  • It became mandatory for the Union government to maintain a list of organised that would fall under the act՚s radar along with the full authority to make additions or removals.
  • The Act was repealed in 2004 after the reports of gross misuse.

UAPA

  • Unlawful Activities Prevention Act, 1967.
  • The govt. proposed to strengthen this act in 2004.
  • In accordance with international standards.
  • Amendment was done to match “Financial Action Task Force” (international) guidelines.
  • The time availability to law-enforcement agencies to file a charge sheet was increased to six months from three.
  • The law was again amended in 2008 after the Mumbai terror attacks and 2012 so as to make it more comprehensive. Offences that threaten economic security and counterfeiting Indian currency also included under the offences category.

Other Categories of Crime

  • Membership of a terrorist organisation.
  • Support to a terrorist organisation.
  • Raising of funds for a terrorist organisation.
  • Procurement of weapons.

FATF (Financial Action Task Force)

  • An inter-governmental organisation set up in 1989.
  • To develop policies to combat money laundering and terrorist financing.
  • FATF membership was provided to India 2010 on the assurance that it would make suitable amendments in the Act by March 2012.

Extension of Ban on LTTE

  • Extension of Ban on the Liberation Tigers of Tamil Eelam (LTTE) for another 5 years by the centre.
  • Unlawful Activities (Prevention) Act, 1967 (UAPA) .

UAP Act (Unlawful Activities (Prevention) Act, 1967 (UAPA)

  • India՚s primary anti-terror law.
  • Provides for effective prevention of certain unlawful activities.
  • Individuals and associations.
  • Helps deal with terrorist activities along with matters connected therewith.
  • Section 3- Declaration of an association as unlawful.

The government notifications:

  • Making such a declaration shall specify the grounds on which it is issued.
  • Contain such other particulars as the Central government may consider necessary.

LTTEs

  • The Liberation Tigers of Tamil Eelam (LTTE) .
  • Founded in 1976 by Velupillai Prabhakaran.
  • Goal-Creation of an independent Tamil Eelam out of Sri Lanka.
  • Clash with the Sri Lankan military.
  • Early 1980s- Launched a full-scale nationalist insurgency in the north and east of the country.
  • A series of terror attacks were carried against both military and civilian targets.

India and LTTE

  • Complex relationship.
  • Providing support to the guerrillas initially.
  • Sending the Indian Peacekeeping Force (IPKF) to support Sri Lanka from 1987 to 1990.
  • Suicide bombing was used as a weapon of terror.
  • 1991-Former Indian PM Rajiv Gandhi was killed in an attack on Indian soil an LTTE suicide bomber.
  • The ban on LTTE was extended for five years in 2014 by the Indian government.

- Published/Last Modified on: April 28, 2020

International Relations/Organizations

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