The SAARC Convention (Suppression of Terrorism) Act, 1993

Summary of the SAARC Convention (Suppression of Terrorism) Act, 1993
Overview
Objective: To implement the SAARC Convention on Suppression of Terrorism, signed at Kathmandu on 4th November, 1987, aiming to combat terrorism in the SAARC region.
Key Provisions
1. Scope and Application: - Applies to the whole of India.
• Extends to Indian citizens and ships/aircraft registered in India, worldwide.
• Covers offences committed outside India under specific conditions (Section 6).
2. Definitions: - Convention: Refers to the SAARC Convention on Suppression of Terrorism.
• Convention Country: A country where the Convention is in force.
3. Offences and Penalties: - Hostage-Taking (Section 4): Punishable with imprisonment up to 10 years and a fine.
• Offences Under Article I of the Convention (listed in The Schedule):
• Includes murder, manslaughter, assault, kidnapping, hostage-taking, and offences involving firearms, explosives, etc., when used for indiscriminate violence or to intimidate populations.
• Penalties Not Explicitly Detailed in the provided context for these specific offences, implying reliance on broader Indian penal laws or the Convention's guidelines.
4. Jurisdiction, Extradition, and Cooperation:
• Jurisdiction Over Offences Committed Outside India (Section 6): Permits trial in India under specified conditions.
• Extradition (Section 5): Offences under this Act are not considered political for extradition purposes, facilitating cooperation among SAARC countries.
5. Prosecution and Protection: - Mandatory Previous Sanction for Prosecution (Section 7): Requires Central Government's prior approval for prosecution.
• Protection for Actions in Good Faith (Section 8): Immunizes actions taken in good faith under this Act from legal repercussions.
The Schedule
*Incorporates the SAARC Regional Convention on Suppression of Terrorism. *Article I Lists Offences for Extradition Purposes, Including:
• Offences under specified international conventions.
• Acts of violence against individuals or groups to intimidate populations or compel governments to act.

Legislative History:

The SAARC Convention (Suppression of Terrorism) Act, 1993

Act Title The SAARC Convention (Suppression of Terrorism) Act, 1993

Act Number 36 of 1993

Act ID (India Code) 199336

Presidential Assent Date April 26, 1993

Enforcement Date April 26, 1993

Nodal Ministry Ministry of Home Affairs

Precedent & Historical Rationale

1. Regional Commitment to Counter Terrorism:

o Recognizing terrorism as a grave transnational threat to regional peace, security, and stability, member states of the South Asian Association for Regional Cooperation (SAARC) signed the SAARC Regional Convention on Suppression of Terrorism in Kathmandu on November 4, 1987.

2. Need for Domestic Legal Implementation:

o Under international law, treaty obligations cannot be directly enforced within India's domestic legal system without enabling municipal legislation. To give full effect to the provisions of the SAARC Convention—specifically regarding extradition, mutual legal assistance, and the exclusion of terrorist offences from being treated as political crimes—a dedicated statutory enactment was necessary.

Parliamentary Trajectory & Enactment

• Formulation: Drafted by the Ministry of Home Affairs in consultation with the Ministry of External Affairs to translate India's international treaty commitments under the SAARC framework into enforceable municipal criminal law.

• Parliamentary Passage: Introduced as a Bill, deliberated, and passed by both Houses of Parliament (Lok Sabha and Rajya Sabha) during the Budget Session of 1993.

• Presidential Assent: Received Presidential Assent on April 26, 1993.

• Enforcement: Enforced on April 26, 1993.

• Source: Official Records of Parliament, India Code, and Ministry of Home Affairs.