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Done Terrorism (Unlawful Activities (Prevention) Act, 1967 (Misuse (Being…
Done Terrorism
Unlawful Activities (Prevention) Act, 1967
Punishes the commission, funding, support of 'unlawful activities' and 'terrorist act'
Misuse
Being a member of banned orgn could lead to life imprisonment while definition of being a member not given in act.
A court can't release someone on bail if case against them is prima facie true. Thus allows for nearly indefinite imprisonment even w/o conviction
Vague and broad definition of 'unlawful activities' and 'terrorist act' therefore sometimes used against dissenters especially human right activists, authors, academicians, lawyers etc
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AIM: To set out reasonable restriction on FR 19(1) to be used to safeguard sovereignty and security of India
Way ahead
If the general law is enough to deal a particular incident, it is that law to be invoked.
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The menace of terrorism has to be defeated red in tooth and claw. But that doesn’t mean every act of violence to be brought into the field of terrorism.
TADA : Terrorist and Disruptive Activities (Prevention) Act, 1987-1995
The Prevention of Terrorism Act (POTA), 2002-2004
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Outfits
Haqqani Network
Since anti soviet movement, formally identified in 1994
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Al-Qaeda
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AIM: overthrow "apostate” regimes in the Middle East and replace them with “true” Islamic governments .
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Need of the hour
Thrust to improve HUMINT, TECHINT, signal & electronic & satellite intel along with providing agencies with powerful laws
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Official definition needed for coordinate response - India's proposal for Convention on International Terrorism (CCIT) in 2004
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Types
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International Terrorism
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Middle East:
1951-1979: Iran ally of USA till it became a Shia country.
1979: US took help of Iraq(Saddam Hussain) to suppress Iran.
1980 -1988: Iran-Iraq war with no results.
1988: Iran in a quest for Nuclear weapon supported by Germany and Russia. Since then Israel and Iran are enemies.
1990: Saddam attacked Kuwait leading to Gulf War-I as USA denied help to Iraq in making nuclear weapon.
2003: USA toppled Saddam
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State Terrorism
Ex: Jallianwalabagh Massacre, Rohingya crisis, Holocaust, Apartheid in SA, Uyghurs in Xinjiang Province
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Basics
Social factors like marginalisation and deprivation leads to alienation, leading to aggression and finally culminating into Terrorism.
Not true always as Osama Bin Laden was neither Marginalised nor deprived