India: The Terrorist and Disruptive Activities (Prevention) Act: the lack of “scrupulous care”

Index Number: ASA 20/039/1994

AI shares the growing concern that the Terrorist and Disruptive Activities (Prevention) Act 1987, (TADA) has been grossly misused. The act’s wide powers to arrest and detain without trial under vague provisions facilitate arbitrary arrests of political opponents and members of vulnerable groups, as well as torture and other grave violations. Internationally agreed minimum legal safeguards for fair trial do not apply to those tried under TADA. This report gives both a general discussion of the use of TADA and also an analysis of specific provisions of the act in the light of their compatibility with international human rights standards regarding freedom of expression, the right to liberty and security of the person and the right to a fair trial. It also comments on procedures for review of TADA.

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