Unlawful Activities Prevention Act (UAPA), 1967

(இதன் தமிழ் வடிவத்திற்கு இங்கே சொடுக்கவும்)

Unlawful Activities (Prevention) Act, 1967 (UAPA)

Introduction

• The Unlawful Activities (Prevention) Act (UAPA) was introduced in 1967 to impose reasonable restrictions on fundamental freedoms guaranteed under Article 19(1) of the Indian Constitution.
• These freedoms include:
• Right to Free Speech: People can express their opinions and ideas freely.
• Right to Assemble Peacefully: People can gather together for meetings and protests.
• Right to Form Associations: People can create groups and organizations.
• The main goal of the UAPA is to protect India's sovereignty and integrity.
• Combating Unlawful Activities: The UAPA targets actions that challenge India's unity and security.
• Fighting Terrorism: It provides a legal framework to tackle terrorist activities.

Initial Focus on Curbing Unlawful Activities:

• At first, the Unlawful Activities (Prevention) Act (UAPA) aimed to control actions considered unlawful against the state.

Repeal of Terror-Specific Laws:

• Over time, laws specifically targeting terrorism, like the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Prevention of Terrorism Act (POTA), faced legal challenges and were repealed.

Transition to Key Anti-Terror Legislation:

• As a result, the UAPA evolved to become India's main anti-terrorism law.

Comprehensive Approach:

• This shift ensured a comprehensive approach to addressing both unlawful activities and terrorism under a single legal framework.

Definition and Punishment of Unlawful Activities

• The Unlawful Activities (Prevention) Act (UAPA) defines "unlawful activity" as any action, whether through acts, words (spoken or written), signs, or visible representation, aimed at:
• Bringing about the cession or secession of any part of India's territory.
• Disrupting the sovereignty and territorial integrity of India.
• Inciting disaffection against the country.

Scope of Punishment:

• The Act penalizes the commission, funding, and support of such activities, establishing clear consequences for those engaged in unlawful endeavours.

Identification of Unlawful Associations:

• Under the UAPA, organizations can be labelled as "unlawful associations" if they partake in activities outlined by the Act.

Criteria for Evaluation:

• Actions that endanger India's territorial integrity and sovereignty, or secession or cession among individuals or groups.

Government Empowerment:

• This designation empowers the government to take legal action, including banning and prosecuting members of such organizations.

Inclusion of Terrorist Activities

• In 2004, the UAPA was amended to include provisions specifically targeting terrorist activities.
• The amendment brought 34 terrorist organizations, like Lashkar-e-Taiba and Jaish-e-Mohammad, under its purview.
• It banned them and criminalized their activities.

• The Act outlines that the central government can designate an organization as a terrorist organization if it:
• Commits or participates in acts of terrorism.
• Prepares for terrorism.
• Promotes terrorism.
• Otherwise involved in terrorism.

2019 Amendment  

• The 2019 Amendment to the UAPA granted the Home Ministry the authority to designate individuals as terrorists.

Adapting to Terrorism's Evolution:

• This change addresses the evolving nature of terrorism by focusing on individual roles in propagating terrorist actions.

Identifying and Prosecuting Individuals:

• It allows for the identification and prosecution of individuals involved in terrorism, boosting the government's counter-terrorism efforts.

Effective Counter-Terrorism Measures:

• Targeting individual perpetrators strengthens the government's ability to counter terrorism comprehensively.

Crucial Component of Strategy:

• This provision is essential for holding individuals accountable and forms a key part of anti-terrorism strategy.

Jurisdiction and Applicability

• The UAPA applies to the entire territory of India, covering any person who commits a UAPA crime within or outside the country.
• Its jurisdiction extends to Indian citizens, irrespective of the location where the crime occurs.
• Government employees are also subject to the Act's provisions.
• Additionally, individuals on ships and aircraft registered in India fall under the jurisdiction of the UAPA.
• The Act's broad applicability ensures accountability for all individuals engaging in unlawful or terrorist activities against India, regardless of their location.
• It establishes a universal standard for accountability under the law.

Enforcement and the Role of NIA

• The National Investigation Agency (NIA) serves as India's central counter-terrorism law enforcement agency, as mandated by the NIA Act of 2008.
• The NIA is responsible for investigating and prosecuting offenses under the UAPA, ensuring the effective implementation of the Act.
• The agency plays a crucial role in addressing terrorism and unlawful activities.
• It coordinates with various state and central authorities to maintain national security.

Key Features of the Unlawful Activities (Prevention) Act (UAPA)

Objectives and Goals

• The Unlawful Activities (Prevention) Act (UAPA) aims to safeguard India's sovereignty and territorial integrity by addressing unlawful activities and terrorism.
• It provides a comprehensive legal framework to combat these threats.

Defining Unlawful Activity

• Unlawful activities are defined as actions intended to undermine India's territorial integrity and sovereignty, including inciting secession or disrupting national unity.

Identifying Terrorist Entities

• The Act empowers the central government to designate organizations and individuals as terrorists if they:
• Commit or participate in acts of terrorism.
• Prepare for terrorism.
• Promote terrorism.
• otherwise involved in terrorism.

Severe Consequences

• The UAPA includes severe penalties for those convicted under its provisions, including the death penalty and life imprisonment.
• The central government can declare activities unlawful via an Official Gazette.

Broad Jurisdiction

• The UAPA applies to both Indian and foreign nationals, covering crimes committed within and outside India to ensure consistent enforcement.

Property Seizure Protocols

• Property linked to terrorism can be seized with prior approval from the Director-General of Police (DGP) or the Director-General of the NIA, streamlining the process and enhancing effectiveness.

Enhanced Investigative Powers

• The National Investigation Agency (NIA) plays a crucial role, with officers of the rank of Deputy Superintendent or higher authorized to investigate cases.
• The 2019 Amendment extends this authority to NIA officers of Inspector rank.

Changes Introduced by the 2019 UAPA Amendment

• The 2019 Amendment allows the government to label individuals as terrorists for:
• Committing or participating in terrorist acts.
• Planning terrorist attacks.
• Promoting terrorism.
• Being otherwise involved in terrorism.

Streamlined Property Seizure by NIA

• The amendment enables the Director-General of the NIA to approve property seizures linked to terrorism, reducing delays in multi-state cases.

Expanded Investigation Authority

• NIA officers of the rank of Inspector or higher are now authorized to investigate cases, improving investigative efficiency.

Inclusion of New International Treaty

• The International Convention for the Suppression of Acts of Nuclear Terrorism (2005) was added to the Second Schedule.

• This expanded the Act's alignment with international standards.

Arrest and Bail Provisions

• The provisions regarding arrest, bail, and the burden of proof remain unchanged, maintaining the existing legal structure.

Concluding Remarks on the UAPA and its 2019 Amendment

Preventing Misuse

• The UAPA is essential for combating terrorism but must be implemented fairly to avoid misuse and false accusations.

Balancing Freedom and Security

• Striking a balance between individual freedom and state security is crucial.
• Law enforcement officers must maintain integrity and objectivity to prevent misuse of the Act.

Importance of Judicial Oversight

• The judiciary plays a vital role in ensuring the fair application of the UAPA.
• Judicial review is necessary to check for arbitrariness and protect individuals’ rights while upholding national security.
• It acts as a safeguard against potential misuse of power, ensuring that the provisions of the UAPA are not applied unjustly.
• By maintaining a balance between security measures and civil liberties, the judiciary upholds the rule of law in democratic governance.

Criticisms of the Unlawful Activities (Prevention) Act (UAPA)

Political Opposition and Criticism:

• Political parties criticized the UAPA Amendment Bill 2019 for being restrictive.

International Human Rights Concerns:

• International bodies and domestic parties criticized UAPA as anti-terror law.
• Concerns raised about erosion of democratic rights and freedoms.

Allegations of Misuse and Targeting of Minorities:

• This act described as tool for silencing political opposition and minority voices.

Media and Protestor Arrests:

• Many protestors and journalists charged, detained, or arrested under UAPA.
• Difficult to obtain bail, raising concerns about freedom of expression.

Impact on Fundamental Rights and Opposition:

• UAPA Amendment jeopardizes fundamental rights.
• Arrests of journalists and citizens protesting under the Act raise concerns.

Conclusion

• The UAPA and its amendments offer a strong framework against terrorism and unlawful activities.
• However, concerns arise due to vague definitions and extensive government powers, risking misuse.
• Careful oversight is vital to safeguard individual freedoms and maintain justice, upholding democratic values as per the Indian Constitution.

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