ABSTRACT
India’s fine balancing act between security and human rights is reflected in the country’s enactment of anti-terrorism laws. This paper discusses how India has responded to terrorism through the law over the years, from colonial law to post-independence legislation such as The Terrorist and Disruptive Activities (Prevention) Act (TADA), The Prevention of Terrorism Act (POTA), and the current legislation known as The Unlawful Activities (Prevention) Act (UAPA). The research examines why these acts were enacted, their impact, and criticisms of them, all in the context of India’s Constitutional system and its duty to uphold human rights. Through comprehensive legal analysis and comparison, this work demonstrates how India’s anti-terrorism practices has evolved with emerging threats, court ruling and political exigencies. It asserts that although effective legal instruments are necessary to fight terrorism, increasing dependence on preventive detention, sweeping powers for authorities and diminishing safeguard for the individuals raise grave concerns about abuse and democratic accountability. The paper concludes by proposing a framework for anti-terrorism law that upholds rights and sustains the rule of law without losing sight of real security imperatives.
INTRODUCTION
Terrorism is an extremely complex issue because it has a diverse origin and expense, motivation and ideologies. In today’s time terrorism is one of the biggest threats many countries are facing. The word ‘terrorism’ is so threatening which can make people frightened. The menace of terrorism has affected many countries in one way or the other, which also threatens the integrity, unity and sovereignty of a nation. Some organisations as well as states use terror as a policy tool to achieve their political and strategic objective which makes it even more complicated. Terrorism has always been a topic of discussion because it affects many countries. It is a multifaceted phenomenon and there are several causes attached to it.
In India, there have been several terrorist attacks of which are the infamous 26/11 Mumbai attack, the parliament attack, Mumbai bomb blast 1993 and many more. Since the act of terrorism has been frequent in the past also, there are many anti-terrorism laws made to deal with the issue. The terrorism can be defined as the use of unlawful force or violence against public property or private property. Terrorism is of two types according to the legislation, international and national terrorism. It is a generic term which is used for the use of bombs, assassinations, armed attacks or hostage situations which conveys a political message. Terrorism has been one of the most serious problems in recent days, as every day we hear of terrorist activities occurring in some part of the world. The terrorists are using new methods and techniques to pursue these activities.