| Terrorist and Disruptive Activities (Prevention) Act | |
|---|---|
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| Parliament of India | |
| |
| Citation | [1] |
| Territorial extent | India |
| Enacted by | Parliament of India |
| Assented to | 3 September 1987 |
| Commenced | 24 May 1987 |
| Amended by | |
| Act 16 of 1989, Act 43 of 1993 | |
| Status: Repealed | |
Terrorist and Disruptive Activities (Prevention) Act, commonly known as TADA, was an Indian anti-terrorism law which was in force between 1985 and 1995 (modified in 1987) under the background of the Punjab insurgency and was applied to whole of India. It was originally assented to by the President on 23 May 1985[1] and came into effect on 24 May 1985.[2] This act was intended to halt the Khalistani Movement, an armed Sikh separatist movement present in Punjab. It later expanded to encompass other states as well. The Act had a sunset provision for lapsing after two years post-commencement, which it did on 24 May 1987. The Parliament not being in session, the life of the Act could not be extended. But the provisions were kept alive by an ordinance effective from the expiry date of the Act.[3] This ordinance was later replaced with the Terrorist and Disruptive Activities (Prevention) Act, 1987. It was assented to on 3 September 1987, and made effective in two parts from 24 May 1987 and 3 September 1987. This also had a sunset provision of two years from 24 May 1987. It was renewed in 1989, 1991 and 1993 before being allowed to lapse in 1995 due to increasing unpopularity after widespread allegations of abuse.[4] It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.[5]
The Act's third paragraph gives a very thorough definition of "terrorism":
"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 any section 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 (whether biological or otherwise) 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 of, or damage to, or destruction of, property or disruption of any supplies or services essential to the life of the community, or detains any person and threatens to kill or injure such person in order to compel the Government or any other person to do or abstain from doing any act, commits a terrorist act."
- ^ Zaidi 2002, p. 288
- ^ Gazette of India notification
- ^ Gazette notification of the ordinance
- ^ Kalhan, Anil; et al. (2006). "Colonial Continuities: Human Rights, Antiterrorism, and Security Laws in India". 20 Colum. J. Asian L. 93. SSRN 970503.
{{cite journal}}: Cite journal requires|journal=(help) - ^ "(THE) Terrorist and Disruptive Activities (PREVENTION) ACT, 1987". satp.org. Retrieved 13 April 2015.