1. Unlawful Activities (Prevention) Act, 1967 (UAPA)
This law is India’s primary anti-terror legislation.
- Section 15: Defines terrorist act – includes any act causing death or injury to people, aimed at intimidating the public or disturbing sovereignty.
- Section 16: Punishment for terrorist acts – may include life imprisonment or death.
- Section 18: Punishment for conspiracy or attempt to commit a terrorist act.
- Section 20: Punishment for being a member of a terrorist organization.
Example: If a blogger writes about human rights violations and a terrorist group targets them, it qualifies under these sections.
2. Indian Penal Code (IPC), 1860
- Section 120B: Criminal Conspiracy.
- Section 302: Murder.
- Section 307: Attempt to murder.
- Section 506: Criminal intimidation.
- Section 153A: Promoting enmity between groups.
- Section 124A (Sedition)* – (rarely used now but historically relevant).
Applicable when: There is physical harm, threat, or conspiracy to silence or intimidate the person.
3. Information Technology Act, 2000
- Section 66F: Cyber terrorism – if threats or attacks are done online.
- Section 67: Punishes publishing or transmitting offensive digital content.
Applicable when: Threats or attacks happen online (e.g., hacking a human rights blog, sending threats).
4. Constitution of India
- Article 19(1)(a): Right to freedom of speech and expression.
- Article 21: Right to life and personal liberty – includes protection against threats.
Reasonable restrictions exist, but this right is protected unless it incites violence or hatred.
Relevant Case Laws
1. PUCL v. Union of India (1997)
- Held that surveillance and interception must follow due process.
- Protects journalists and bloggers from unlawful intrusion.
2. Indibly Creative Pvt. Ltd. v. State of West Bengal (2020) – [Tandav Case]
- Supreme Court emphasized the importance of protecting free expression in digital media.
- Court said artistic and journalistic expression must not be curbed without clear evidence of threat or harm.
3. Shreya Singhal v. Union of India (2015)
- Struck down Section 66A of the IT Act as unconstitutional.
- Upheld the right to free speech, especially on the internet.
4. Zahira Habibullah Sheikh v. State of Gujarat (2004)
- Supreme Court emphasized protection of witnesses and individuals speaking truth in hostile environments (relevant for rights bloggers).
Conclusion
When a terrorist organization attacks or threatens a human rights blogger for their work, the following provisions apply:
- UAPA for terror-related offenses.
- IPC for murder, threats, or conspiracy.
- IT Act for cybercrime aspects.
- Constitution protects the blogger's rights.
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