Terrorism: Indian Law & Practise

India renews ban on LTTE
26 May 2006

The Indian Central Government is of the opinion that the LTTE continues to pose a threat to and are detrimental to, the sovereignty and territorial integrity of India, a Ministry of Home Affairs Gazette notification announcing the extension of the ban on the LTTE said.

"The LTTE continues to be an extremely potent, most lethal and well-organised terrorist force in Sri Lanka and has strong connections in Tamil Nadu and certain pockets of southern India. The LTTE continues to use the State of Tamil Nadu as the base for carrying out smuggling of essential items like petrol and diesel, besides drugs to Sri Lanka," it said.

The Gazette notice:

The Liberation Tigers of Tamil Eelam (LTTE) is an association actually based in Sri Lanka but having sympathisers, supporters and agents on the Indian soil.

The LTTE's objective for a separate homeland (Tamil Eelam) for all Tamils threatens the sovereignty and territorial integrity of India, and amounts to secession of a part of the territory of India from the Union and thus falls within the ambit of an unlawful activity. The turbulence in Sri Lanka is being exploited by pro-LTTE forces to draw up support for the LTTE and its cause by taking out processions, demonstrations, etc, in spite of the ban causing disquiet and threat to the security of the State of Tamil Nadu;

Most of the criminal cases involving the LTTE and pro-LTTE groups like Tamil National Retrieval Troops (TNRT), Tamil Nadu Liberation Army (TNLA) and Tamiliar Pasarai, having ended in conviction but the Tamil Eelam concept still remains as a goal among the pro-LTTE groups in Tamil Nadu. The forces are still at work to further its cause thereby contributing to the vulnerable milieu in which the LTTE's free functioning in India as a lawful association if allowed, would be highly detrimental to the sovereignty and territorial integrity of India; The LTTE will continue to remain a strong terrorist movement and stimulate the secessionist sentiment to enhance the support base of the LTTE in Tamil Nadu as long as Sri Lanka continues to remain in a state of ethnic strife torn by the demand for Tamil Eelam which finds a strong echo in Tamil Nadu due to the linguistic, cultural, ethnic and historical affinity between the Sri Lankan, Tamils and the Indian-Tamils in Sri Lanka.

The Central Government is of the opinion that the LTTE is an unlawful association and there is a continuing strong need to control all such separatist activities by all possible means. And whereas the Central Government has the information that -

(i) enquiries on the activities of the LTTE cadres, dropouts, sympathizers who have been traced out recently in the State of Tamil Nadu would suggest that the cadres sent to Tamil Nadu would ultimately be utilized by the LTTE for unlawful activities.

(ii) the activities of pro-LTTE organizations and individuals have come to notice in India, despite the ban in force and attempts have been made by these forces to extend their support to the LTTE;

(iii) the LTTE leaders have been cynical of India's policy on their organization and reaction of the State machinery in curbing their activities;

And whereas the Central Government is further of the opinion that because

(i) of the continued violent and disruptive activities prejudicial to the integrity and sovereignty of India;

(ii) it continues to adopt a strong anti-India posture and also continues to pose a grave threat to the security of Indian nationals, it is necessary to declare the LTTE as "an Unlawful association" with immediate effect;

Now, therefore in exercise of the powers conferred by sub section (1) and proviso to sub-section (3)of Section 3 of the Unlawful Activities (Prevention) Act, 1967 (37 of 1967), the Central Government hereby declares the Liberation Tigers of Tamil Eelam (the LTTE) as an unlawful association and directs that this notification shall subject to any order that may be made under Section 4 of the said Act, have effect on and from the date its publication in the Official Gazette."