Thursday, January 15, 2009

Amendments In Terror Laws(India) - UAPA ,1967

Thursday, January 15, 2009
New anti-terror legislation, drafted in response to the series of attacks in Bombay (Mumbai) on 26 November, was approved by the Rajya Sabha (the upper house of the bicameral legislature) on 18 December, having been approved by the Lok Sabha (the lower house) the previous day. The Unlawful Activities (Prevention) Act provided new powers for the security services, most controversially the ability to hold suspects for six months without charge.

The organization has called on India's President to reject the new amendments and for the President, Indian authorities and lawmakers to urgently review them. The amendments include changes to the Unlawful Activities (Prevention) Act, (UAPA), 1967, and provisions of the new legislation aiming to set up a National Investigating Agency (NIA), exclusively meant to probe acts of terrorism in the country.

**New amendments to anti-terror laws include:--
  • sweeping and overbroad definitions of "acts of terrorism" no clear and strict definition of what constitutes "membership" of a "terrorist gang or organization".
  • minimum period of detention of persons suspected to be involved in acts of terrorism extended to 30 days from 15 days and the maximum period of detention of such persons to 180 days from 90 days – already far beyond international standards.
  • denial of bail to foreign nationals who may have entered the country in an unauthorised or illegal manner, except in very exceptional circumstances.
  • the requirement, in certain circumstances, of accused people to prove their innocence.
  • the new legislation on the National Investigating Agency authorises special courts to close hearings to public without defining or limiting the grounds under which they may do so.
It also made provision for the establishment of a National Investigating Agency responsible for gathering and processing intelligence and investigating terrorism.

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