Terror law gets teeth

The amendments to the Unlawful Activities Act, 1967, which were passed by the Lok Sabha have given more teeth to the law enforcement...

The amendments to the Unlawful Activities Prevention Act, 1967, which were passed by the Lok Sabha on Wednesday have given more teeth to the law enforcement agencies and prosecution to bring to book those involved in terror activities. However, despite the additions, the Unlawful Activities Prevention Act, 2008 UAPA is nowhere near the Prevention of Terrorism Act, 2002 POTA, which was repealed by the present UPA Government immediately after it came to power in 2004.

While finalising amendments to the UAPA, the Government took care not to repeat the 8220;draconian8221; provisions that had made POTA unpopular with some political parties. Misuse of these provisions, which included treating confessions made to the police admissible in court, had led to protests by human rights organisations and demands from some political parties to scrap POTA.

While the amendments allow an accused to be kept in jail without bail for a maximum of 180-210 days, if one also considers the 30-day period spent in police custody on remand, it has been left to the magistrate to decide if there is actually a need to extend the period without bail beyond the 30-day remand. This period was indefinite under POTA and the court could not grant bail unless the prosecutor allowed it.

The Centre also proposes to set up fast-track special courts under the National Investigation NIA Act to deal with terrorism-related cases. Under POTA, there were designated courts for such cases.

One important check that the UPA Government has placed on the power of the police to misuse the law is that once the investigation is complete, it would be for an agency set up by the Centre or the state government to take a final call on whether the accused should be prosecuted.

Once the amendments take the force of law, the enforcement agencies would certainly be better equipped to deal with terrorists.

Union Science and Technology Minister Kapil Sibal told the Lok Sabha on Wednesday that the amendments would make India8217;s laws better in most respects than prevailing laws in the US and UK.

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Under the amendment, the definition of terrorism has been lifted from the resolution passed by the United Nations on the subject. This, as Home Minister P Chidambaram said in Lok Sabha on Wednesday, was universally accepted.

Some important features of the UAPA, post-amendments, would be make it punishable for anyone either in India or abroad to directly or indirectly raise or collect funds for commission of terrorist acts. The amendment to Section 17 says that such a person would be punishable with imprisonment for a minimum of five years and maximum of a life term. This was not the case under POTA.

Under the new law, anybody organising or facilitating terrorist camps and those who recruit anybody for a terror act would attract penal provisions, which could land him in jail for a minimum of five years or more. POTA had no such provision. It makes it mandatory for all to furnish information with regard to terrorists or terrorist organisations to the police. In case the person from whom the information is sought refuses to furnish the same, he is liable to be sentenced to a prison term. The Centre or its designated agencies have been given the power to freeze, seize or attach assets or economic resources held by terrorists and their sympathisers.