THE ANTI-APARTHEID (UNITED NATIONS CONVENTION) ACT, 1981 
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SECTIONS 

ARRANGEMENT OF SECTIONS 
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1.  Short title and extent. 
2.  Application of the International Convention on the Suppression and Punishment of the Crime of 

Apartheid. 

3.  Punishment for international criminal responsibility. 
4.  Offences by companies, organisations or institutions. 
5.  Place of trial. 
6.  Previous sanction of the Central Government for arrest or prosecution. 
7.  Provisions as to Extradition Act. 

THE SCHEDULE. 

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THE ANTI-APARTHEID (UNITED NATIONS CONVENTION) ACT, 1981 

ACT NO. 48 OF 1981 

[18th December, 1981.] 

An Act to give effect to the International Convention on the Suppression and Punishment of the 

Crime of Apartheid. 

WHEREAS an International Convention on the Suppression and Punishment of the Crime of Apartheid 

was adopted by the General Assembly of the United Nations on the Thirtieth day of November, 1973; 

AND  WHEREAS  India,  having  acceded  to  the  said  Convention,  should  make  provisions  for  giving 

effect to it; 

BE it enacted by Parliament in the Thirty-second Year of the Republic of India as follows:— 

1.  Short  title  and  extent.—(1)  This  Act  may  be  called  The  Anti-Apartheid  (United  Nations 

Convention) Act, 1981. 

(2) It extends to the whole of India. 

2.  Application  of  the  International  Convention  on  the  Suppression  and  Punishment  of  the 
Crime of Apartheid.—(1) Notwithstanding anything to the contrary contained in any other law, such of 
the  provisions  of  the  International  Convention  on  the  Suppression  and  Punishment  of  the  Crime  of 
Apartheid as are setout in the Schedule shall have the force of law in India. 

(2) The Central Government may, from time to time, by notification in the Official Gazette, amend 
the Schedule in conformity with any amendments, duly made and adopted, of the provisions of the said 
Convention set out therein. 

(3) Every notification issued under sub-section (2) shall be laid, as soon as may be after it is issued, 

before each House of Parliament. 

3.  Punishment  for  international  criminal  responsibility.—Every  person  to  whom  international 
criminal responsibility applies under article III of the said Convention, as set out in the Schedule, shall be 
punished with death, or imprisonment for life, or imprisonment for a term which may extend to ten years, 
and shall also be liable to fine. 

Explanation.—For  the  purposes  of  this  section,  the  reference  in  clause  (a)  of  article  III  of  the  said 
Convention  to  “article  II”  shall  be  construed  as  a  reference  to  the  provisions  of  article  II  of  that 
Convention as set out in the Schedule. 

4.  Offences  by  companies,  organisations  or  institutions.—Where  an  offence  under  this  Act  has 
been  committed  by  a  company  or  an  organisation  or  an  institution,  every  person  who,  at  the  time  the 
offence  was  committed,  was  in  charge  of,  and  was  responsible  to,  the  company,  organisation  or 
institution, as the case may be, for the conduct of its business or affairs, shall be deemed to be guilty of 
the offence and shall be liable to be proceeded against and punished accordingly: 

Provided that nothing contained in this section shall render any such person liable to any punishment 
provided  in  this  Act  if  he  proves  that  the  offence  was  committed  without  his  knowledge  or  that  he 
exercised all due diligence to prevent the commission of such offence. 

Explanation.—For the purposes of this section, “company” means any body corporate and includes a 

firm or other association of individuals. 

5. Place of trial.—Any person committing an offence under section 3 may be tried for the offence in 
any place in which he may be found or in such other place as the Central Government may, by general or 
special order, published in the Official Gazette, direct in this behalf. 

6. Previous sanction of the Central Government for arrest or prosecution.—No person shall be 
arrested or prosecuted in respect of any offence under section 3 except with the previous sanction of the 
Central  Government  or such  officer  or  authority  as may  be  authorised  by  that Government  by  order  in 
writing in this behalf. 

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7. Provisions as to Extradition Act.—For the purposes of the Extradition Act, 1962 (34 of 1962), 

the offence under section 3 shall not be considered to be an offence of a political character. 

THE SCHEDULE 

(See sections 2 and 3) 

PROVISIONS OF THE INTERNATIONAL CONVENTION ON THE SUPPRESSION AND PUNISHMENT OF THE 
CRIME OF Apartheid  WHICH SHALL HAVE FORCE OF LAW 

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Article II 

For  the  purpose  of  the  present  Convention,  the  term  “the  crime  of  apartheid”,  which  shall  include 
similar  policies  and  practices  of  racial  segregation  and  discrimination  as  practised  in  southern  Africa, 
shall  apply  to  the  following  inhuman  acts  committed  for  the  purpose  of  establishing  and  maintaining 
domination  by  one  racial  group  of  persons  over  any  other  racial  group  of  persons  and  systematically 
oppressing them: 

(a) Denial to a member or members of a racial group or groups of the right to life and liberty of 

person: 

(i) By murder of members of a racial group or groups; 

(ii) By the infliction upon the members of a racial group or groups of serious bodily or mental 
harm, by the infringement of their freedom or dignity, or by subjecting them to torture or to cruel, 
inhuman or degrading treatment or punishment; 

(iii) By arbitrary arrest and illegal imprisonment of the members of a racial group or groups; 

(b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its 

or their physical destruction in whole or in part; 

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(e)  Exploitation  of  the  labour  of  the  members  of  a  racial  group  or  groups,  in  particular  by 

submitting them to forced labour; 

(f)  Persecution  of  organisations  and  persons,  by  depriving  them  of  fundamental  rights  and 

freedoms, because they oppose apartheid. 

Article III 

International  criminal responsibility  shall  apply,  irrespective  of the  motive  involved,  to  individuals, 
members  of  organisations  and  institutions  and  representatives  of  the  State,  whether  residing  in  the 
territory of the State in which the acts are perpetrated or in some other State, whenever they: 

(a) Commit, participate in, directly incite or conspire in the commission of the acts mentioned in 

article II of the present Convention; 

(b) Directly abet, encourage or co-operate in the commission of the crime of apartheid. 

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