Sri Lanka Anti-Terror Law [UPSC Notes]

Sri Lanka’s proposed anti-terror law is facing widespread criticism from all areas. What is the anti-terror law in Sri Lanka? Why are some people opposed to it? Read on to know more about this topic in this article. This topic is relevant for the IAS exam international relations segment.

Sri Lanka’s Anti-Terror Law Background

• The draconian Prevention of Terrorism Act (PTA), which essentially provides security officials free reign to imprison terror suspects, is to be replaced by the proposed anti-terror law (ATA).
• Due to widespread abuse throughout the three-decade civil conflict, Tamil and Sinhala adolescents vanished and died in captivity in the 1980s, 1990s, and 2000s.
• There has been intense international pressure on Sri Lanka to revoke the 1978 law, including pressure from the UN Human Rights Council.
• The EU exerted pressure on Sri Lanka to amend the contentious PTA, which permits detention for up to 90 days without charges and includes clauses for additional extensions of the period.

Read more on the Sri Lankan civil war in the linked article.

Criticism of the proposed anti-terror law in Sri Lanka

• The proposed law has primarily been criticised for its vague definition of a terrorist act and for broadening the concept of what constitutes terrorism.
• The concept of terrorism does not adhere to accepted standards for what a terrorist act is on a global scale.
• The proposed Anti-Terrorism Act by the Sri Lankan government will give the government wide license to routinely violate basic human rights.
• The Bill curtails individual liberties and undermines the rule of law. 
• It has drawn a lot of criticism for having the capacity to put down dissent and protest.
• Moreover, hate speech has been changed from a common criminal offence to terrorism under the Bill.
• On the Inspector General of Police’s or the government’s advice, the President may impose an organization ban. Organizations that have been banned are not allowed to host events or recruit new members. Every year, the ban may be renewed.
• The most contentious aspect of the bill, however, is that it reinstates the possibility of the death penalty as a response to terrorist attacks, despite the fact that Sri Lanka has had an official moratorium on executions since 1976.

Concerns for India:

• India is Sri Lanka’s only direct neighbour, therefore any potential major humanitarian disaster might have an effect here as well. 
• With the increased terrorist activities and escalating political unrest, India is in a position of great responsibility to stop the situation with all available assistance.
• Every time there has been political or social upheaval in Sri Lanka, there has been a significant influx of ethnic Tamil migrants into India via the Palk Strait and the Gulf of Munnar. 
• However, India may struggle to manage such an influx and will require a strong policy to manage the situation.

Conclusion: The proposed legislation would empower the authorities to systematically violate fundamental human rights. Although the ATA was intended to eliminate the undesirable parts of the PTA, its detractors have highlighted that, among other things, the bill’s definition of terrorism is too ambiguous, potentially leaving doors open for abuse.

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