DESIGNATED TERRORIST
1. Context
Gangster Goldy Brar, the mastermind behind the murder of Punjabi singer Sidhu Moosewala, was declared a designated terrorist by the Centre under the Unlawful Activities (Prevention) Act (UAPA) on Monday (January 1 2024).
Amendments introduced in 2019 brought in provisions by which the Centre can declare individuals — not only organisations — as designated terrorists. Here is how this works
2. Who is a Terrorist?
- The terms "terror" or "terrorist" remain undefined, yet the UAPA establishes a definition for a "terrorist act" as any action carried out with the aim to threaten or potentially jeopardize India's unity, integrity, security, economic stability, or sovereignty.
- This also includes actions intended to instill fear among people or specific sections of society in India or even in other nations. Originally focused on "unlawful" acts associated with secession, the Act underwent changes in 2004 to incorporate anti-terror measures.
- The 2019 Bill aimed to grant the central government authority to label an individual as a "terrorist" if they are discovered engaging in, preparing for, advocating, or participating in any form of terrorist activity.
- A similar provision already existed in sections 4 and 6 of the legislation concerning organizations eligible for classification as a "terrorist organization."
3. How are Individuals declared as terrorists?
- The central government possesses the authority to classify someone as a terrorist by issuing a notice in the official gazette and including their name in the Fourth Schedule of the UAPA.
- The government isn't obliged to grant the individual an opportunity to present their case before this classification occurs.
- Presently, in accordance with the legal principle presuming innocence until proven guilty, a person convicted in a terrorism-related case is legally labeled as a terrorist, while those suspected of engaging in terrorist acts are referred to as terrorism accused.
- The 2019 amendment failed to specify the level of evidence necessary to prove an individual's involvement or potential involvement in terrorist actions
4.What happens when an individual is declared a terrorist?
- The United Nations' classification of an individual as a global terrorist involves penalties such as travel restrictions, asset freezes, and an embargo on acquiring weapons. However, the 2019 amendment didn't outline such specifics.
- Additionally, the amendment granted the central government the authority to eliminate a name from the schedule upon an individual's application.
- Should the government reject an application from an individual labeled as a terrorist, they retain the right to request a review within one month of the rejection.
- As per the amendment, a review committee, composed of a chairperson (a retired or current High Court judge) and three other members, was established by the central government.
- This committee holds the power to instruct the government to remove an individual's name from the "terrorists" list if it deems the order flawed
5. Way forward
It's important to note that the specific consequences can vary widely based on the laws, regulations, and procedures of the country or entity making the declaration. Additionally, in some cases, individuals labeled as terrorists might challenge their designation through legal means to contest the accusations against them
Source: Indianexpress
