(TADA) over 75000 persons from various parts of the country had been arrested and detained but only one percent of them were convicted (after trial). TADA was repealed in 1995 following widespread allegations of misuse and stringent criticism by human rights organisations, lawyers and by officials themselves. In April 2000 the Law Commission of India prepared draft legislation under the name of the ‘Prevention of Terrorism Bill, 2000’. It was opposed by human rights organisations, many political parties and also India’s National Human Rights Commission (NHRC). The Bill was shelved. In its opinion on the draft bill, the NHRC was of the unanimous opinion that there was no need to enact any new law for the prevention of terrorism and that solutions could be found under existing law if properly enforced and implemented. However, as a result of the incidents of September 11 and backed by the UN Resolution 1373/(2001), Prevention of Terrorism Ordinance, 2001 (or POTO) was first promulgated on 24 October 2001 and again on 31 December 2001. The NHRC took the same view of the Ordinance as it did of the Bill proposed in 2000, namely that there was no need for it and that it possessed dangerous potential for misuse. At a sitting of the Lok Sabha on 18 March 2002 the Prevention of Terrorism Bill 2002 (introduced to replace the Ordinance - POTO) was passed by a majority of votes but the Bill was rejected by India’s Upper House of Parliament (Rajya Sabha) on 21 March 2002. The Bill was ultimately passed (by a majority) in a rare joint sitting of both Houses of Parliament on 25 March 2002. POTA sets forth a broad definition of ‘terrorism’ and of membership of ‘terrorist organisation’, allows the detention of suspected terrorists for up to 180 days without charge, and sets up Special Courts to try terrorists. It also contains certain safeguards not included in TADA, including immediate notification of family members following arrest and restrictions on the use of confessions extracted by torture. POTA sets out broad definitions of ‘terrorist acts’ and ‘membership of terrorist organisations’ and provides for stringent penalties, including the death penalty (where the terrorist act has 181 On 4 January 1969. 92