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UAPA Act

IAS Current Affairs

UAPA Act

Source: Indian Express
GS II: Important aspects of governance, transparency and accountability, e-governance- applications, models, successes, limitations, and potential; citizens charters, transparency & accountability and institutional and other measures

Overview

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  1. News in Brief
  2. About Unlawful Activities (Prevention) Act

Why in the News?

The Delhi Police has sealed the office of news portal NewsClick, alleging it received money for pro-China propaganda.

  • The FIR against the portal invokes the Unlawful Activities (Prevention) Act (UAPA), the stringent anti-terror law.

News in Brief

  • The main allegation in the FIR against NewsClick is that the newsportal allegedly received illegal funding from China routed through the United States.
  • Among the key provisions invoked is Section 16, which prescribes punishment for terrorist acts.
    • Is punishable with imprisonment for a term of at least five years to life.
  • Other provisions invoked  include
    • UAPA
      • Section 13 (unlawful activities)
      • Section 16 (terrorist act)
      • Section 17 (raising funds for terrorist acts)
      • Section 18 (conspiracy)
      • Section 22 (C) (offences by companies, trusts)
    • IPC
      • Sections 153 A (promoting enmity between different group)
      • Section 120B (criminal conspiracy).

About Unlawful Activities (Prevention) Act

The Unlawful Activities (Prevention) Act, commonly known as UAPA, is an important anti-terrorism legislation in India. It was first enacted in 1967 and has since undergone several amendments to enhance its effectiveness in dealing with various aspects of unlawful activities, including terrorism. Here is a detailed answer regarding the UAPA Act in India:

  • Background and Enactment
    • The UAPA was initially enacted to provide law enforcement agencies with comprehensive legal provisions to combat activities related to secessionism and terrorism.
    • It was passed in the backdrop of growing threats to India’s national security, including insurgency in certain regions.
  • Key Objectives
    • The primary objective of the UAPA is to prevent and combat unlawful activities that threaten the sovereignty and integrity of India.
    • It aims to disrupt and dismantle terrorist organizations and networks.
  • Amendments and Enhancements
    • Over the years, the UAPA has been amended to keep pace with evolving security challenges.
    • Amendments have broadened the definition of “unlawful activities” to include various forms of terrorism and activities that pose a threat to India’s security.
  • Salient Features
    • The UAPA empowers the central government to declare an organization as a terrorist organization.
    • It allows for the banning of organizations that are found to be involved in unlawful activities.
    • The Act provides for the detention of individuals suspected of involvement in terrorism or unlawful activities for up to 180 days without filing formal charges.
    • It also allows for the seizure and freezing of assets of individuals and organizations involved in unlawful activities.
  • Controversies and Criticisms
    • The UAPA has faced criticism from human rights organizations and activists for its provisions related to preventive detention, which they argue can be abused.
    • Concerns have been raised about potential misuse to stifle dissent and target political opponents.
  • Legal Safeguards
    • The Act includes safeguards, such as the requirement for sanction from the central government before prosecuting an individual or organization under the Act.
    • Review committees are established to periodically review cases of preventive detention.
  • Impact
    • The UAPA has been instrumental in the prosecution and conviction of individuals and organizations involved in terrorism and unlawful activities.
    • It has contributed to strengthening India’s counterterrorism efforts.
  • International Implications
    • The UAPA has implications for international cooperation in counterterrorism efforts, as it allows for the extradition of individuals involved in unlawful activities.
  • Ongoing Relevance
    • In the face of evolving security threats, the UAPA continues to be a critical tool in India’s efforts to combat terrorism and unlawful activities.

NIA v Zahoor Ahmed Watali, the SC read the bail provisions strictly, holding that courts must only be satisfied that a prima facie case can be made out to deny bail, and not consider the merit or the admissibility of the evidence.

Conclusion

  • In conclusion, the Unlawful Activities (Prevention) Act in India plays a crucial role in addressing terrorism and unlawful activities.
  • While it has been effective in prosecuting offenders, its provisions, particularly those related to preventive detention, have sparked debates regarding civil liberties and human rights.
  • Balancing the need for national security with safeguarding individual freedoms remains a challenge in the context of this legislation.

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