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In India, the process of declaring an organization as a "terrorist organization" is governed by the Unlawful Activities (Prevention) Act, 1967 (UAPA).

This act provides the legal framework to combat terrorism, manage unlawful activities, and declare individuals or groups as terrorists or terrorist organizations.

Key steps involved in the process:

Based on the findings of the intelligence and investigative agencies, the Ministry of Home Affairs (MHA), which is responsible for internal security in India, examines whether there is sufficient evidence to declare the organization as a terrorist entity.

If the MHA is satisfied that the organization is involved in terrorist activities, it prepares a proposal recommending that the organization be declared as a terrorist organization under the UAPA.

Notification under UAPA:

Once the proposal is approved, the Central Government issues an official notification under Section 35 of the UAPA, declaring the organization a terrorist organization.

This notification is published in the Official Gazette. The notification is binding, and after it is issued, the organization is treated as a terrorist organization.

Appeal Process:

If an organization is declared a terrorist organization, it can appeal the decision. This appeal can be made to the Unlawful Activities (Prevention) Tribunal, a judicial body established under UAPA.

The tribunal is usually headed by a sitting or retired judge of a High Court, and it reviews whether the government's decision was justified based on the evidence.

Review of the Declaration:

The declaration of an organization as a terrorist organization is periodically reviewed. Under Section 36 of UAPA, the notification declaring the organization as a terrorist entity remains in force for 5 years unless revoked earlier.

Before the end of the 5-year period, the Central Government may review the organization’s status and decide whether to extend the declaration or not.

Consequences of being Declared a Terrorist Organization:

Once an organization is declared a terrorist organization:

1. Its assets may be frozen.
2. Its members or supporters can be arrested and prosecuted under UAPA.
3. It is illegal for any individual or group to support, fund, or engage in activities linked to the organization.

The Indian government uses this mechanism to counter terrorism and unlawful activities within its borders, in coordination with global counter-terrorism efforts.

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