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Save for Later. The intention was to enact these statutes and bring them in force till the situation improves. The intention was not to make these drastic measures a permanent feature of law of the land. But because of continuing terrorist activities, the statutes have been reintroduced with requisite modifications.

At present, the legislations in force to check terrorism in India are the National Security Act, and the Unlawful Activities Prevention Act, There have been other anti-terrorism laws in force in this country a different points in time. The ambit of the Act were strictly limited to meeting the challenge to the territorial integrity of India. The Act was a self-contained code of provisions for declaring secessionist associations as unlawful, adjudication by a tribunal, control of funds and places of work of unlawful associations, penalties for their members etc. The Act has all along been worked holistically as such and is completely within the purview of the central list in the 7th Schedule of the Constitution.

The Supreme Court of India upheld its constitutional validity on the assumption that those entrusted with such draconic statutory powers would act in good faith and for the public good in the case of Kartar Singh vs State of Punjab 3 SCC However, there were many instances of misuse of power for collateral purposes. The rigorous provisions contained in the statute came to be abused in the hands of law enforcement officials.

TADA lapsed in This law was specifically made to deal with rising organized crime in Maharashtra and especially in Mumbai due to the underworld. Under the Maharashtra law a person is presumed guilty unless he is able to prove his innocence. MCOCA does not stipulate prosecution of police officers found guilty of its misuse.

Organized Crime

Prevention of Terrorism Act, With the intensification of cross-border terrorism and the continued offensive agenda of Pak ISI targeted at destabilizing India and the post 11th September developments, it became necessary to put in place a special law to deal with terrorist acts. The POTA, clearly defines the terrorist act and the terrorist in Section 3 and grants special powers to the investigating authorities under the Act.

The court said that the Parliament possesses power under Article and entry 97 of list I of the Seventh Schedule of the Constitution of India to legislate the Act.


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Need for the Act is a matter of policy and the court cannot go into the same. However, in order to ensure that these powers are not misused and the violation of human rights does not take place, specific safeguards have been built into the Act. It also provides for award of compensation to a person who has been corruptly or maliciously proceeded against under the Act.

The POTA, is a special law for the prevention of and for dealing with terrorist activities and clearly defines the terrorist act and the terrorist in Section 3, Sub-Section 1 of the Act. The Act provides the legal framework to strengthen the hands of the administration in our fight against the menace of terrorism and can and should be applied against such persons and acts as are covered by the provisions of this law and it is not meant as a substitute for action under ordinary criminal laws Unlawful Activities Prevention Amendment Act, It would however be simplistic to suggest, as some critics did, that the new law has retained all the operational teeth of Pota or it has made only cosmetic changes.

Myths and Realities regarding on Anti-terrorism laws There is several Myths and there realities regarding to anti terrorism laws are The First myth is that general public considers freedom fighter and terrorist are same. There is no such definition for terrorism or terrorist activity.

GIS (geographic information system)

The adage now discarded by serious analysts, is still paraded in forums i. Many terrorist fight for the certain aim and similar in view of the Freedom Fighter. The equipment which was used by the freedom fighter and terrorism. They both work for certain aim and the ways for destabilizing the administrator system are same. The Reality is that the freedom fighter and terrorist are two different things.

The freedom fighter aim to free the country from foreigner while terrorist aim to be the destabilized the government and country break in many parts. So there is such difference between the freedom fighter and terrorist. The second myth is that the objective of the anti terrorism laws to secure the people of India from the terrorist activities and end up the terrorist activates. Also gave punishment to terrorist. In section 3 of Terrorist and Disruptive Activates Act, define terrorist act and set up punishment for this.

Section 3 states that Whoever with intent to overawe the Government as by law established or to strike terror in the people or any section of the people or to alienate of the people or to adversely affect the harmony amongst different sections of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or lethal weapons or poisons or noxious gases or other chemicals or by any other substances of a hazardous nature in such a manner as to cause, or as is likely to cause, death of, or injuries to, any person or persons or loss.

The punishment for these activites is life imprisonment or death sentence and fine etc.

Section 3 of Prevention of Terrorism Activites, states that with intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people does any act or thing by using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisons or noxious gases or other chemicals or by any other substances whether biological or otherwise of a hazardous nature or by any other means whatsoever, in such a manner as to cause, or likely to cause, death of, or injuries to any person or persons or loss of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life.

The Reality is that aim of the anti terrorism laws is secure the people from the terrorist activites and gave punishment to terrorist. But many times when laws made the terrorist activites increased in India. It is normally said that terrorism is a low intensity war. But the loss, which our country has suffered in the last two decades due to the rise of terrorist activities, has been on a very large scale we have lost more then people by the terrorist activites.

Outside the expenditure on our armed forces, merely for maintaining the entire set up to fight insurgency, to fight cross-border terrorism, the economic cost itself has been Rs crore.

The budgetary increase itself in the last 15 years, because of terrorism or anti-insurgency activities, has been 26 times. So that after making anti terrorism legislation there is no stopping of terrorist attack. The anti terrorism legislation also failed to gave punishment to terrorist. In many times the anti terrorism laws not gave punishment due to some problem.

Statistical Analysis of White-Collar Crime

This look at the world's most active international criminals also covers other powerful world criminal leaders, such as the Krays in Great Britan and Ned Kelly in Australia. Read more Read less. No customer reviews. Share your thoughts with other customers. Write a customer review. Most helpful customer reviews on Amazon. December 1, - Published on Amazon. Verified Purchase. While I appreciate the honesty and avoidance of plagurism by listing the sources of the information, nearly every article in the encyclopedia is taken from the Internet.