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Section 3 of The Anti-Apartheid (United Nations Convention) Act, 1981

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.

Summary

This section sets up punishments for anyone who holds international criminal responsibility (being held legally responsible under global agreements for committing or helping with serious crimes) for the crime of apartheid.
The criminal responsibility is decided based on Article III of the Convention, which is set out in the Schedule.
A person found guilty can be punished with death, life imprisonment, or a prison term of up to ten years.
Anyone convicted under this section is also liable to pay a fine in addition to their prison sentence or death penalty.
It explains that any mention of "Article II" within Article III must be understood as the Article II that is written down in the Schedule of this Act.

Practical examples

1In 1983, an individual named Arthur is found guilty of directly participating in actions under Article III, such as denying a group of people their basic rights based on their race. The court sentences him to a prison term of eight years and orders him to pay a fine of 50,000 rupees.

2A foreign national named John is arrested in India for conspiring in the physical destruction of a racial group, which is an act of apartheid. Under Section 3, the judge decides the severity of the crime warrants a sentence of imprisonment for life and a substantial fine.

FAQ

1. Who can be punished under Section 3 of this Act?

Any person to whom international criminal responsibility applies under Article III of the Convention, as set out in the Schedule, can be punished.

2. What are the possible prison sentences for committing an offence under Section 3?

A person can be sentenced to imprisonment for life, or for a term that can extend up to ten years.

3. Is the death penalty a possible punishment under this section?

Yes, the section explicitly states that a person can be punished with death.

4. Can a fine be imposed alongside imprisonment or the death penalty?

Yes, the text states that the person shall also be liable to a fine, meaning a fine can be added to the punishment.

5. How should references to "Article II" in Article III of the Convention be interpreted under this section?

Any reference to "Article II" in Article III of the Convention must be read as a reference to the provisions of Article II as set out in the Schedule of this Act.

Test yourself

Q1.What is the maximum possible prison term mentioned under Section 3, other than life imprisonment?

Q2.Which of the following is NOT listed as a direct punishment option under Section 3?

Q3.Under which article of the Convention is international criminal responsibility determined for this section?

Q4.Is a person convicted under Section 3 liable to a fine in addition to other punishments?

Q5.According to the Explanation in Section 3, how should the reference to "Article II" in Article III(a) of the Convention be read?

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Central

Section 3 of The Anti-Apartheid (United Nations Convention) Act, 1981

Summary

This section sets up punishments for anyone who holds international criminal responsibility (being held legally responsible under global agreements for committing or helping with serious crimes) for the crime of apartheid.
The criminal responsibility is decided based on Article III of the Convention, which is set out in the Schedule.
A person found guilty can be punished with death, life imprisonment, or a prison term of up to ten years.
Anyone convicted under this section is also liable to pay a fine in addition to their prison sentence or death penalty.
It explains that any mention of "Article II" within Article III must be understood as the Article II that is written down in the Schedule of this Act.