| Short Title: | Terrorist and Disruptive Activities (Prevention) Act |
| Long Title: | An Act to make special provisions for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or incidental thereto. |
| Citation: | http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM |
| Territorial Extent: | India |
| Enacted By: | Parliament of India |
| Date Assented: | 3 September 1987 |
| Date 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| Status: | Repealed |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) amid the Punjab insurgency and applied to the whole of India. It was originally assented to by the President on 23 May 1985 and came into effect on 24 May 1985.[1] 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.[2] 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.[3] It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.[4]
The Act's third paragraph gives a very thorough definition of "terrorism":
The law gave wide powers to law enforcement agencies for dealing with national terrorist and 'socially disruptive' activities. The police were not obliged to produce a detainee before a judicial magistrate within 24 hours. The accused person could be detained up to 1 year. Confessions made to police officers was admissible as evidence in the court of law, with the burden of proof being on the accused to prove his innocence. Courts were set up exclusively to hear the cases and deliver judgements pertaining to the persons accused under this Act. The trials could be held in camera with the identities of the witnesses kept hidden. Under 7A of the Act, Police officers were also empowered to attach the properties of the accused under this Act. Under this act police have no rights to give third degree or harassed anyone to speak as mentioned in the act.
The Act was widely criticised by human rights organisations as it contained provisions violating human rights.[3] [5] [6] The criticism are centred on the following facts:
The number of people arrested under the act had exceeded 76,000, by 30 June 1994. Twenty-five percent of these cases were dropped by the police without any charges being framed. Only 35 percent of the cases were brought to trial, of which 95 percent resulted in acquittals. Less than 2 percent of those arrested were convicted. The TADA act was ultimately repealed and succeeded by the Prevention of Terrorist Activities Act (2002-2004) and this act was subsequently repealed after much controversy as well.[7] Yet many continue to be held under TADA.
The Supreme Court has held that mere membership of a banned organisation does not make the member liable for the punishment under this Act.[8]