Terrorist and Disruptive Activities (Prevention) Act - Revision history

Kartikeyar: Content updated and refined

2026-03-23T06:30:27Z

Content updated and refined

← Older revision		Revision as of 12:00, 23 March 2026
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	{{EngvarB\|date=March ~~2022~~}}		{{Short description\|Repealed Indian legislation (1985–2000)}}
	{{Use dmy dates\|date=March ~~2022~~}}		{{EngvarB\|date=March 2014}}
			{{Use dmy dates\|date=March 2014}}
	{{Infobox legislation		{{Infobox legislation
	\| short_title = Terrorist and Disruptive Activities (Prevention) Act		\| short_title = Terrorist and Disruptive Activities (Prevention) Act
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	\| date_assented = 3 September 1987 \| date_signed = \| date_commenced = 24 May 1987		\| date_assented = 3 September 1987 \| date_signed = \| date_commenced = 24 May 1987
	\| bill = \| bill_citation = \| bill_date = \| introduced_by = \| 1st_reading = \| 2nd_reading = \| 3rd_reading = \| white_paper = \| committee_report =		\| bill = \| bill_citation = \| bill_date = \| introduced_by = \| 1st_reading = \| 2nd_reading = \| 3rd_reading = \| white_paper = \| committee_report =
	\| ~~amendments~~ = Act 16 of 1989, Act 43 of 1993		\| amended_by = Act 16 of 1989, Act 43 of 1993
	\| repeals =		\| repeals =
	\| status = Repealed		\| status = Repealed
	\| related_legislation = \| summary = \| keywords = }}		\| related_legislation = \| summary = \| keywords = }}
	'''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<ref name="Zaidi">{{harvnb\|Zaidi\|2002\|p=288}}</ref> and came into effect on 24 May 1985.<ref>[http://egazette.nic.in/WriteReadData/1985/E-0828-1985-0252-36137.pdf Gazette of India notification]</ref> 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.<ref>[http://egazette.nic.in/WriteReadData/1987/E-0710-1987-0020-30804.pdf Gazette notification of the ordinance]</ref> 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.<ref name="Kalhan 2006">{{cite journal\| first=Anil\| last=Kalhan \|ssrn=970503\|title=Colonial Continuities: Human Rights, Antiterrorism, and Security Laws in India\|year=2006\|publisher=20 Colum. J. Asian L. 93\|display-authors=etal}}</ref> It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.<ref name="satp">{{cite web\|url=http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM#7A\|title=(THE) Terrorist and Disruptive Activities (PREVENTION) ACT, 1987\|publisher=satp.org\|access-date=13 April ~~2022~~}}</ref>		'''Terrorist and Disruptive Activities (Prevention) Act''', commonly known as '''TADA''', was an Indian anti-terrorism law which was in force during the governments of [[Rajiv Gandhi]] and [[P. V. Narasimha Rao\|P.V. Narasimha Rao]], 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<ref name="Zaidi">{{harvnb\|Zaidi\|2002\|p=288}}</ref> and came into effect on 24 May 1985.<ref>[http://egazette.nic.in/WriteReadData/1985/E-0828-1985-0252-36137.pdf Gazette of India notification]</ref> This act was intended to halt the [[Khalistan movement\|Khalistan Movement]], an armed Sikh separatist movement present in [[Punjab, India\|Indian 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.<ref>[http://egazette.nic.in/WriteReadData/1987/E-0710-1987-0020-30804.pdf Gazette notification of the ordinance]</ref> 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.<ref name="Kalhan 2006">{{cite journal\| first=Anil\| last=Kalhan \|ssrn=970503\|title=Colonial Continuities: Human Rights, Antiterrorism, and Security Laws in India\|year=2006\|publisher=20 Colum. J. Asian L. 93\|display-authors=etal}}</ref> It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.<ref name="satp">{{cite web\|url=http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM#7A\|title=(THE) Terrorist and Disruptive Activities (PREVENTION) ACT, 1987\|publisher=satp.org\|access-date=13 April 2015}}</ref>

	The Act's third paragraph gives a very thorough definition of "[[Terrorism in India\|terrorism]]":		The Act's third paragraph gives a very thorough definition of "[[Terrorism in India\|terrorism]]":
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	==Criticism==		==Criticism==
	The Act was widely criticised by human rights organisations as it contained provisions violating human rights.<ref name="Kalhan 2006"/><ref name="google">{{cite book\|title=Human Rights in India: Kashmir Under Siege\|author1=Asia Watch Committee (U.S.)\|author2=Human Rights Watch (Organization)\|date=1991\|publisher=Human Rights Watch\|isbn=9780300056143\|url=https://books.google.com/books?id=jrGwSsSchRUC\|page=111\|access-date=13 April ~~2022~~}}</ref><ref name="telegraphindia">{{cite web\|url=http://www.telegraphindia.com/1111213/jsp/northeast/story_14872900.jsp\|title=Court acquits 29 booked under Tada\|publisher=telegraphindia.com\|access-date=13 April ~~2022~~}}</ref> The criticism are centred on the following facts:-		The Act was widely criticised by human rights organisations as it contained provisions violating human rights.<ref name="Kalhan 2006"/><ref name="google">{{cite book\|title=Human Rights in India: Kashmir Under Siege\|author1=Asia Watch Committee (U.S.)\|author2=Human Rights Watch (Organization)\|date=1991\|publisher=Human Rights Watch\|isbn=9780300056143\|url=https://books.google.com/books?id=jrGwSsSchRUC\|page=111\|access-date=13 April 2015}}</ref><ref name="telegraphindia">{{cite web\|url=http://www.telegraphindia.com/1111213/jsp/northeast/story_14872900.jsp\|archive-url=https://web.archive.org/web/20140314135808/http://www.telegraphindia.com/1111213/jsp/northeast/story_14872900.jsp\|url-status=dead\|archive-date=14 March 2014\|title=Court acquits 29 booked under Tada\|publisher=telegraphindia.com\|access-date=13 April 2015}}</ref> The criticism are centred on the following facts:

	*Under ~~this~~ Act whoever advocates directly or indirectly for [[cession]] or [[secession]] in any part of India is liable to be punished.		*Under the Act, whoever advocates directly or indirectly for [[cession]] or [[secession]] in any part of India is liable to be punished.
	*The Act ~~provided~~ that a person can be detained up to 1 year without formal charges or trial against him.		*The Act provides that a person can be detained up to one year without formal charges or trial against him.
	*Section 20 of the Act provides that detainee can be in police custody up to 60 days which increases risk of [[torture]]. Also the detainee need not be produced before a judicial magistrate, but instead may be produced before an executive magistrate who is an official of police and administrative service and is not answerable to high court.		*Section 20 of the Act provides that detainee can be in police custody up to 60 days, which increases the risk of [[torture]]. Also the detainee need not be produced before a judicial magistrate but instead may be produced before an executive magistrate, who is an official of police and administrative service and is not answerable to the high court.
	*The trial can be held secretly at any place ~~and also keeps~~ the identity of the witnesses secret ~~violating~~ international standards of fair ~~trial~~.		*The trial can be held secretly at any place, with the identity of the witnesses being secret, which violates international standards of fair trials.
	*The Act reverses the presumption of innocence of the accused under the Act. Under section 21 of the Act, the person who is accused of committing a terrorist act ~~where~~ arms and explosives were recovered or made confessions to someone other than a police officer or provided financial assistance for the commission of the terrorist act or by suspicion that the person has arms or explosives or financial assistance to commit the terrorist act, ~~then the~~ person shall be presumed to be guilty unless contrary is proved.		*The Act reverses the presumption of innocence of the accused under the Act. Under section 21 of the Act, the person who is accused of committing a terrorist act if arms and explosives were recovered or made confessions to someone other than a police officer or provided financial assistance for the commission of the terrorist act or by suspicion that the person has arms or explosives or financial assistance to commit the terrorist act, that person shall be presumed to be guilty unless the contrary is proved.
	*~~A person making confessions~~ to a police officer not below the rank of superintendent of the police can be used as evidence against ~~him~~.		*Confessions to a police officer not below the rank of superintendent of the police can be used as evidence against a person.
	*Section 19 of the Act bars persons accused under ~~this Act~~ to ~~appeal except~~ the [[Supreme Court of India\|Supreme ~~court~~]].		*Section 19 of the Act bars appeals by persons accused under it except to the [[Supreme Court of India\|Supreme Court]].

	==Impact==		==Impact==
	The number of people arrested under the act had exceeded 76,000, by 30 June 1994.<ref name="Zaidi"/> Twenty-five percent of these cases were dropped by the police without any charges being framed.<ref name="Zaidi"/> Only 35 percent of the cases were brought to trial, of which 95 percent resulted in acquittals.<ref name="Zaidi"/> Less than 2 percent of those arrested were [[Conviction\|convicted]].<ref name="Zaidi"/> 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.<ref name="indiacode">{{cite web\|url=http://www.indiacode.nic.in/rspaging.asp?tfnm=200426\|title=aaa\|publisher=indiacode.nic.in\|access-date=13 April ~~2022~~}}</ref> Yet many continue to be held under TADA.		The number of people arrested under the act had exceeded 76,000, by 30 June 1994.<ref name="Zaidi"/> Twenty-five percent of these cases were dropped by the police without any charges being framed.<ref name="Zaidi"/> Only 35 percent of the cases were brought to trial, of which 95 percent resulted in acquittals.<ref name="Zaidi"/> Less than 2 percent of those arrested were [[Conviction\|convicted]].<ref name="Zaidi"/> 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.<ref name="indiacode">{{cite web\|url=http://www.indiacode.nic.in/rspaging.asp?tfnm=200426\|title=aaa\|publisher=indiacode.nic.in\|access-date=13 April 2015}}</ref> Yet many continue to be held under TADA.

	==Supreme Court ruling==		==Supreme Court ruling==
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	[[Category:Acts of the Parliament of India 1985]]		[[Category:Acts of the Parliament of India 1985]]
	[[Category:1993 Bombay bombings]]		[[Category:1993 Bombay bombings]]
	[[Category:~~1990s~~ in ~~India~~]]		[[Category:1993 in Indian law]]
	[[Category:1987 in India]]		[[Category:1987 in India]]
	[[Category:1989 in India]]		[[Category:1989 in India]]

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← Older revision		Revision as of 13:05, 12 November 2022
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	{{EngvarB\|date=March ~~2014~~}}		{{EngvarB\|date=March 2022}}
	{{Use dmy dates\|date=March ~~2014~~}}		{{Use dmy dates\|date=March 2022}}
	{{Infobox legislation		{{Infobox legislation
	\| short_title = Terrorist and Disruptive Activities (Prevention) Act		\| short_title = Terrorist and Disruptive Activities (Prevention) Act
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	\| imagelink = \| imagealt = \| caption = \| 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.		\| imagelink = \| imagealt = \| caption = \| 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]		\| citation = [http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM]
	\| territorial_extent = ~~Whole of [[~~India~~]] including [[Jammu and Kashmir (state)\|State of Jammu and Kashmir]]~~		\| territorial_extent = India
	\| enacted_by = [[Parliament of India]]		\| enacted_by = [[Parliament of India]]
	\| date_enacted =		\| date_enacted =
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	\| status = Repealed		\| status = Repealed
	\| related_legislation = \| summary = \| keywords = }}		\| related_legislation = \| summary = \| keywords = }}
	'''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<ref name="Zaidi">{{harvnb\|Zaidi\|2002\|p=288}}</ref> and came into effect on 24 May 1985.<ref>[http://egazette.nic.in/WriteReadData/1985/E-0828-1985-0252-36137.pdf Gazette of India notification]</ref> 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.<ref>[http://egazette.nic.in/WriteReadData/1987/E-0710-1987-0020-30804.pdf Gazette notification of the ordinance]</ref> 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.<ref name="Kalhan 2006">{{cite journal\| first=Anil\| last=Kalhan \|ssrn=970503\|title=Colonial Continuities: Human Rights, Antiterrorism, and Security Laws in India\|year=2006\|publisher=20 Colum. J. Asian L. 93\|display-authors=etal}}</ref> It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.<ref name="satp">{{cite web\|url=http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM#7A\|title=(THE) Terrorist and Disruptive Activities (PREVENTION) ACT, 1987\|publisher=satp.org\|access-date=13 April ~~2015~~}}</ref>		'''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<ref name="Zaidi">{{harvnb\|Zaidi\|2002\|p=288}}</ref> and came into effect on 24 May 1985.<ref>[http://egazette.nic.in/WriteReadData/1985/E-0828-1985-0252-36137.pdf Gazette of India notification]</ref> 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.<ref>[http://egazette.nic.in/WriteReadData/1987/E-0710-1987-0020-30804.pdf Gazette notification of the ordinance]</ref> 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.<ref name="Kalhan 2006">{{cite journal\| first=Anil\| last=Kalhan \|ssrn=970503\|title=Colonial Continuities: Human Rights, Antiterrorism, and Security Laws in India\|year=2006\|publisher=20 Colum. J. Asian L. 93\|display-authors=etal}}</ref> It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.<ref name="satp">{{cite web\|url=http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM#7A\|title=(THE) Terrorist and Disruptive Activities (PREVENTION) ACT, 1987\|publisher=satp.org\|access-date=13 April 2022}}</ref>

	The Act's third paragraph gives a very thorough definition of "[[Terrorism in India\|terrorism]]":		The Act's third paragraph gives a very thorough definition of "[[Terrorism in India\|terrorism]]":

	{{~~quote~~\|"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."}}		{{blockquote\|"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."}}

	==Powers==		==Powers==
	The law gave wide powers to [[Law enforcement agency\|law enforcement agencies]] for dealing with national terrorist and 'socially disruptive' activities.<ref name="Zaidi"/> The police were not obliged to produce a detainee before a [[Magistrate\|judicial magistrate]] within 24 hours.<ref name="Zaidi"/> The [[Suspect\|accused]] person could be detained up to 1 year.<ref name="Zaidi"/> Confessions made to police officers was admissible as [[evidence]] in the court of law, with the [[Legal burden of proof\|burden of proof]] being on the accused to prove his innocence.<ref name="Zaidi"/> Courts were set up exclusively to hear the cases and deliver judgements pertaining to the persons accused under this Act.<ref name="Zaidi"/> The trials could be held in camera with the identities of the witnesses kept hidden.<ref name="Zaidi"/> Under 7A of the Act, Police officers were also empowered to [[Attachment (law)\|attach]] the [[Property\|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 law gave wide powers to [[Law enforcement agency\|law enforcement agencies]] for dealing with national terrorist and 'socially disruptive' activities.<ref name="Zaidi"/> The police were not obliged to produce a detainee before a [[Magistrate\|judicial magistrate]] within 24 hours.<ref name="Zaidi"/> The [[Suspect\|accused]] person could be detained up to 1 year.<ref name="Zaidi"/> Confessions made to police officers was admissible as [[evidence]] in the court of law, with the [[Legal burden of proof\|burden of proof]] being on the accused to prove his innocence.<ref name="Zaidi"/> Courts were set up exclusively to hear the cases and deliver judgements pertaining to the persons accused under this Act.<ref name="Zaidi"/> The trials could be held in camera with the identities of the witnesses kept hidden.<ref name="Zaidi"/> Under 7A of the Act, Police officers were also empowered to [[Attachment (law)\|attach]] the [[Property\|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.

	==~~Controversial provisions~~==		==Criticism==
	The Act was widely criticised by human rights organisations as it contained provisions violating human rights.<ref name="Kalhan 2006"/><ref name="google">{{cite book\|title=Human Rights in India: Kashmir Under Siege\|author1=Asia Watch Committee (U.S.)\|author2=Human Rights Watch (Organization)\|date=1991\|publisher=Human Rights Watch\|isbn=9780300056143\|url=https://books.google.com/books?id=jrGwSsSchRUC\|page=111\|access-date=13 April ~~2015~~}}</ref><ref name="telegraphindia">{{cite web\|url=http://www.telegraphindia.com/1111213/jsp/northeast/story_14872900.jsp\|title=Court acquits 29 booked under Tada\|publisher=telegraphindia.com\|access-date=13 April ~~2015~~}}</ref> The criticism are centred on the following facts:-		The Act was widely criticised by human rights organisations as it contained provisions violating human rights.<ref name="Kalhan 2006"/><ref name="google">{{cite book\|title=Human Rights in India: Kashmir Under Siege\|author1=Asia Watch Committee (U.S.)\|author2=Human Rights Watch (Organization)\|date=1991\|publisher=Human Rights Watch\|isbn=9780300056143\|url=https://books.google.com/books?id=jrGwSsSchRUC\|page=111\|access-date=13 April 2022}}</ref><ref name="telegraphindia">{{cite web\|url=http://www.telegraphindia.com/1111213/jsp/northeast/story_14872900.jsp\|title=Court acquits 29 booked under Tada\|publisher=telegraphindia.com\|access-date=13 April 2022}}</ref> The criticism are centred on the following facts:-

	*Under this Act whoever advocates directly or indirectly for [[cession]] or [[secession]] in any part of India is liable to be punished.		*Under this Act whoever advocates directly or indirectly for [[cession]] or [[secession]] in any part of India is liable to be punished.
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	==Impact==		==Impact==
	The number of people arrested under the act had exceeded 76,000, by 30 June 1994.<ref name="Zaidi"/> Twenty-five percent of these cases were dropped by the police without any charges being framed.<ref name="Zaidi"/> Only 35 percent of the cases were brought to trial, of which 95 percent resulted in acquittals.<ref name="Zaidi"/> Less than 2 percent of those arrested were [[Conviction\|convicted]].<ref name="Zaidi"/> 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.<ref name="indiacode">{{cite web\|url=http://www.indiacode.nic.in/rspaging.asp?tfnm=200426\|title=aaa\|publisher=indiacode.nic.in\|access-date=13 April ~~2015~~}}</ref> Yet many continue to be held under TADA.		The number of people arrested under the act had exceeded 76,000, by 30 June 1994.<ref name="Zaidi"/> Twenty-five percent of these cases were dropped by the police without any charges being framed.<ref name="Zaidi"/> Only 35 percent of the cases were brought to trial, of which 95 percent resulted in acquittals.<ref name="Zaidi"/> Less than 2 percent of those arrested were [[Conviction\|convicted]].<ref name="Zaidi"/> 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.<ref name="indiacode">{{cite web\|url=http://www.indiacode.nic.in/rspaging.asp?tfnm=200426\|title=aaa\|publisher=indiacode.nic.in\|access-date=13 April 2022}}</ref> Yet many continue to be held under TADA.

	==Supreme Court ruling==		==Supreme Court ruling==
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	* [http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987]		* [http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987]
	* [https://www.hrw.org/backgrounder/asia/india-bck1121.htm India Human Rights Press Backgrounder – Anti-Terrorism Legislation]		* [https://www.hrw.org/backgrounder/asia/india-bck1121.htm India Human Rights Press Backgrounder – Anti-Terrorism Legislation]

	~~{{Indian legislations}}~~

	{{DEFAULTSORT:Terrorist And Disruptive Activities (Prevention) Act}}		{{DEFAULTSORT:Terrorist And Disruptive Activities (Prevention) Act}}

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{{EngvarB|date=March 2014}}
{{Use dmy dates|date=March 2014}}
{{Infobox legislation
| short_title = Terrorist and Disruptive Activities (Prevention) Act
| image = | imagesize = 150
| imagelink = | imagealt = | caption = | 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 = Whole of [[India]] including [[Jammu and Kashmir (state)|State of Jammu and Kashmir]]
| enacted_by = [[Parliament of India]]
| date_enacted =
| date_assented = 3 September 1987 | date_signed = | date_commenced = 24 May 1987
| bill = | bill_citation = | bill_date = | introduced_by = | 1st_reading = | 2nd_reading = | 3rd_reading = | white_paper = | committee_report =
| amendments = Act 16 of 1989, Act 43 of 1993
| repeals =
| status = Repealed
| related_legislation = | summary = | keywords = }}
'''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<ref name="Zaidi">{{harvnb|Zaidi|2002|p=288}}</ref> and came into effect on 24 May 1985.<ref>[http://egazette.nic.in/WriteReadData/1985/E-0828-1985-0252-36137.pdf Gazette of India notification]</ref> 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.<ref>[http://egazette.nic.in/WriteReadData/1987/E-0710-1987-0020-30804.pdf Gazette notification of the ordinance]</ref> 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.<ref name="Kalhan 2006">{{cite journal| first=Anil| last=Kalhan |ssrn=970503|title=Colonial Continuities: Human Rights, Antiterrorism, and Security Laws in India|year=2006|publisher=20 Colum. J. Asian L. 93|display-authors=etal}}</ref> It was the first anti-terrorism law legislated by the government to define and counter terrorist activities.<ref name="satp">{{cite web|url=http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM#7A|title=(THE) Terrorist and Disruptive Activities (PREVENTION) ACT, 1987|publisher=satp.org|access-date=13 April 2015}}</ref>

The Act's third paragraph gives a very thorough definition of "[[Terrorism in India|terrorism]]":

{{quote|"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."}}

==Powers==
The law gave wide powers to [[Law enforcement agency|law enforcement agencies]] for dealing with national terrorist and 'socially disruptive' activities.<ref name="Zaidi"/> The police were not obliged to produce a detainee before a [[Magistrate|judicial magistrate]] within 24 hours.<ref name="Zaidi"/> The [[Suspect|accused]] person could be detained up to 1 year.<ref name="Zaidi"/> Confessions made to police officers was admissible as [[evidence]] in the court of law, with the [[Legal burden of proof|burden of proof]] being on the accused to prove his innocence.<ref name="Zaidi"/> Courts were set up exclusively to hear the cases and deliver judgements pertaining to the persons accused under this Act.<ref name="Zaidi"/> The trials could be held in camera with the identities of the witnesses kept hidden.<ref name="Zaidi"/> Under 7A of the Act, Police officers were also empowered to [[Attachment (law)|attach]] the [[Property|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.

==Controversial provisions==
The Act was widely criticised by human rights organisations as it contained provisions violating human rights.<ref name="Kalhan 2006"/><ref name="google">{{cite book|title=Human Rights in India: Kashmir Under Siege|author1=Asia Watch Committee (U.S.)|author2=Human Rights Watch (Organization)|date=1991|publisher=Human Rights Watch|isbn=9780300056143|url=https://books.google.com/books?id=jrGwSsSchRUC|page=111|access-date=13 April 2015}}</ref><ref name="telegraphindia">{{cite web|url=http://www.telegraphindia.com/1111213/jsp/northeast/story_14872900.jsp|title=Court acquits 29 booked under Tada|publisher=telegraphindia.com|access-date=13 April 2015}}</ref> The criticism are centred on the following facts:-

*Under this Act whoever advocates directly or indirectly for [[cession]] or [[secession]] in any part of India is liable to be punished.
*The Act provided that a person can be detained up to 1 year without formal charges or trial against him.
*Section 20 of the Act provides that detainee can be in police custody up to 60 days which increases risk of [[torture]]. Also the detainee need not be produced before a judicial magistrate, but instead may be produced before an executive magistrate who is an official of police and administrative service and is not answerable to high court.
*The trial can be held secretly at any place and also keeps the identity of the witnesses secret violating international standards of fair trial.
*The Act reverses the presumption of innocence of the accused under the Act. Under section 21 of the Act, the person who is accused of committing a terrorist act where arms and explosives were recovered or made confessions to someone other than a police officer or provided financial assistance for the commission of the terrorist act or by suspicion that the person has arms or explosives or financial assistance to commit the terrorist act, then the person shall be presumed to be guilty unless contrary is proved.
*A person making confessions to a police officer not below the rank of superintendent of the police can be used as evidence against him.
*Section 19 of the Act bars persons accused under this Act to appeal except the [[Supreme Court of India|Supreme court]].

==Impact==
The number of people arrested under the act had exceeded 76,000, by 30 June 1994.<ref name="Zaidi"/> Twenty-five percent of these cases were dropped by the police without any charges being framed.<ref name="Zaidi"/> Only 35 percent of the cases were brought to trial, of which 95 percent resulted in acquittals.<ref name="Zaidi"/> Less than 2 percent of those arrested were [[Conviction|convicted]].<ref name="Zaidi"/> 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.<ref name="indiacode">{{cite web|url=http://www.indiacode.nic.in/rspaging.asp?tfnm=200426|title=aaa|publisher=indiacode.nic.in|access-date=13 April 2015}}</ref> Yet many continue to be held under TADA.

==Supreme Court ruling==
The [[Supreme Court of India|Supreme Court]] has held that mere membership of a banned organisation does not make the member liable for the punishment under this Act.<ref>Arup Bhuyan Vs. State of Assam- Criminal Appeal No. 889 of 2007</ref>

==See also==
*[[Anti-terrorism legislation]]

==References==
{{Reflist}}

==Sources==
{{Refbegin|2}}
*{{Cite book
|year=2002
|last=Zaidi
|first=S. Hussain
|title=[[Black Friday – The True Story of the Bombay Bomb Blasts]]
|publisher= Penguin Books
|location=Mumbai, India
|isbn=978-0-14-302821-5
}}.
{{Refend}}

==External links==
* [http://www.satp.org/satporgtp/countries/india/document/actandordinances/TADA.HTM TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987]
* [https://www.hrw.org/backgrounder/asia/india-bck1121.htm India Human Rights Press Backgrounder – Anti-Terrorism Legislation]

{{Indian legislations}}

{{DEFAULTSORT:Terrorist And Disruptive Activities (Prevention) Act}}
[[Category:Terrorism laws in India]]
[[Category:Acts of the Parliament of India 1985]]
[[Category:1993 Bombay bombings]]
[[Category:1990s in India]]
[[Category:1987 in India]]
[[Category:1989 in India]]
[[Category:1991 in India]]
[[Category:1995 in India]]
[[Category:Repealed Indian legislation]]
[[Category:Rajiv Gandhi administration]]
[[Category:Repealed Acts of the Parliament of India]]