The Prevention of Terrorism Act (POTA), 2002:...

The Prevention of Terrorism Act (POTA), 2002: Striking the Balance between National Security and Fundamental Freedoms

Author Name : Shailaja Girish Dantkale

ABSTRACT POTA 2002 emerged from a period in which India confronted persistent terrorism, the expiry of the Terrorist and Disruptive Activities (Prevention) Act (TADA), the Law Commission’s proposal for a new anti-terror framework, the Prevention of Terrorism Ordinances of 2001, the attacks of 11 September 2001, and the adoption of United Nations Security Council Resolution 1373. This paper examines whether POTA’s design could reconcile the State’s obligation to protect national security with constitutional commitments to liberty, equality, fair procedure and freedom of expression. Using a documentary legal-analytical method, the study confines its source base to primary and contemporary materials available by the end of 2002: the Constitution of India, POTA 2002 and related legislative materials, parliamentary debates, the Law Commission of India’s 173rd Report, National Human Rights Commission opinions, the Supreme Court’s pre-2003 terrorism jurisprudence, and relevant international instruments and United Nations materials.