Tada And Pota Essay

3436 words - 14 pages

DAMODARAM SANJIVAYYA NATIONAL LAW
UNIVERSITY

VISAKHAPATNAM

SUBJECT: CRIMINAL LAW-I

PROJECT ON: CRITICAL ANALYSIS ON TADA AND POTA ACTS IN INDIA


SUBMITTED BY-
SACHIN PATEL
B .A. LLB (HONS)
3RD SEMESTER, 201293

ACKNOWLEDGEMENT
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Mode of Citation:
The researcher has followed a uniform mode of citation throughout the course of this research paper.

INTRODUCTION

The terrorist attack on Indian Parliament on Dec 13, 2001 made every leader vulnerable to any such attack and the urgency of taking measures against growth terrorism became more serious. On Sept. 21, 2002 the United Nations Security Council passed a resolution seeking all nations to enact laws to curb terrorism. The U.K. had already passed Anti -Terrorism Act 2002 and India followed her by issuing Prevention of Terrorism Ordinance (POTO) on Oct 25, 2001.
The promulgation of POTA triggered boisterous debate and controversy in different segments of the political arena. The opposition stated it to be the black mark in the ruling coalition's way of governance. The main point of opposing the POTA was the fear of misuse of the ordinance, as experienced in case of TADA(Terrorist and Disruptive Activities Act) and other such detention laws enacted earlier which were grossly abused to suppress the voice and views of the political opponents, The so called advocates of minority communities, were raised lot of hue and cry on the grounds.After independence several such laws were passed by the Union and State legislatures as per the requirements or whims of the ruling party, for varying purposes like Prevention of Detention Act 1950, Maintenance of Internal Security Act 1980. Terrorist and Disruptive Act 1985. POTA the ordinance was promulgated to a create a feeling of fear of gross penalties in the minds of terrorists and their accomplices, after an attack was made on Indian Parliament, later on became an Act in 2002, popularly called Prevention of Terrorism Act POTA.
The Terrorism and Disruptive Activities (Prevention) Act, which came in 1985 has settled the controversy regarding definition of terrorism. The basic features are first, the intent to overawe the Government or to strive terror in the people or adversely affecting the existing harmony between various sections of the population.
Second, the concerned Act should be purported by use of explosives, bombs, inflammable substances, poisonous/ob­noxious gases and including the use of firearm and other lethal weapons.Third, these offensive instruments would have to be used in a manner so as to cause death or serious injury to any person or persons or damage or destroy property or disrupt supplies or services essential to the community.

Prevention of Terrorism Act - POTA
Under the prevailing situation of growing terrorism in the country and worldwide none could dispute the necessity of appropriate laws to curb the terrorism. Surely, the safety and security of the nation is of paramount importance and when the neighbouring countries are supporting and mobilizing the terrorism in our country, It is but natural to have some dreaded laws to tackle such a threatening situation. Though in a large democratic country like India, many times opposition is made only for...

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