How India Declares an Individual as a Terrorist?
Source: News On Air
GS III: Internal Security
Overview
- News in Brief
- How India Declares an Individual as a Terrorist?
Why in the News?
The Ministry of Home Affairs has declared Canada-based gangster Lakhbir Singh Landa as a terrorist.
News in Brief
- The Ministry in its notification said he was affiliated with the Khalistani group Babbar Khalsa International.
- He was also involved in the planning of a rocket attack on the Punjab Police Intelligence Headquarters in Mohali in 2021.
- Gangster Landa and his associates have been conspiring to disrupt the peace, law, and order in the State of Punjab by carrying out targeted killings, extortions, and other anti-national activities in different parts of the country.
How India Declares an Individual as a Terrorist?
- Parliament passed The Unlawful Activities (Prevention) Amendment Act, 2019.
- Before this amendment, only organizations could be designated as terrorist organizations.
- This amendment gives the Centre the power to notify individuals as terrorists.
- The Amendment did not clarify who could be notified as terrorists, or the procedure for their detainment.
- Individuals as designated terrorists under the provisions of the UAPA Act 1967 (as amended in 2019) and included their names in the Fourth Schedule of the said Act.
Section 35, Amendment of Schedule
The Central Government may, by notification in the Official Gazette add an organisation to the First Schedule or the name of an individual in the Fourth Schedule
Terrorist Act in UAPA
Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or any foreign country commits a terrorist act:
- By using bombs, dynamite or other explosive substances or inflammable substances or firearms or other lethal weapons or poisonous or noxious gases or other chemicals or by any other substances causes injury
- Death of, or injuries to, any person or persons
- Loss of, or damage to, or destruction of, property
- Disruption of any supplies or services essential to the life of the community in India or in any foreign country
- Damage to, the monetary stability of India by way of production or smuggling or circulation of high quality counterfeit Indian paper currency, coin or of any other material
- Damage or destruction of any property in India or in a foreign country used or intended to be used for the defence of India or in connection with any other purposes of the Government of India, any State Government or any of their agencies
- Overawes by means of criminal force or the show of criminal force or attempts to do so or causes the death of any public functionary or attempts to cause the death of any public functionary
- Detains, kidnaps or abducts any person and threatens to kill or injure such person or does any other act in order to compel the Government of India, any State Government or the Government of a foreign country or 6 [an international or inter-governmental organisation or any other person to do or abstain from doing any act
Petitions against the act
- Two petitions were filed in the Supreme Court challenging this amendment claiming a violation of fundamental rights to equality, free speech and life.
- Sajal Awasthi v Union of India, argues that the UAPA Amendment allows the Centre to circumvent due process.
Daily Current Affairs: Click Here