UAPA - Unlawful Activities Prevention Act, an Anti-Terrorism Act
This article talks about an anti-terrorism act, UAPA (Unlawful Activities Prevention Act), its past amendments, and recent proposals of government to amend this law in UAPA amendment bill, 2019 and the associated criticism of this bill.
Origin of Unlawful Activities Prevention Act
UAPA Amendment 2004
UAPA Amendment 2008
UAPA Amendment 2012
Draconian Provisions of UAPA
Similar Anti-Terrorism Act
UAPA Amendment Bill, 2019
Criticism of UAPA Bill, 2019
Origin of Unlawful Activities Prevention Act
In 1963, sixteenth constitutional amendment empowered parliament of India to make a law to impose reasonable restrictions on fundamental rights of citizens in interest of sovereignty and integrity of country. The period of 1960s was a time when India witnessed separatist tendencies. In order to tackle such secessionist movements, the then government enacted a law called “Unlawful Activities Prevention Act”. It was enacted using the power granted by 16th constitutional amendment, and the bill got presidential assent on 30 December 1967. This law gave special powers to government to declare any organization as terrorist. This is an anti-terrorism act which was amended multiple times in 2004, 2008, 2012.
UAPA Amendment 2004
This amendment was the result of power change at the centre when congress came to power and repealed POTA. The powers of POTA were transferred to UAPA. This amendment criminalizes the raising of funds for terrorist organization. It increased time availability to law enforcement agencies for filing a charge sheet from 3 months to 6 months.
UAPA Amendment 2008
This was the result of 26/11 Mumbai attacks. This time definition of terrorism was expanded in the act to include offences that threaten economic security, counterfeiting Indian currency, procurement of weapons.
UAPA Amendment 2012
This was the result of commitment to deal with FATF guidelines in order to combat money laundering and terrorism financing. The related changes were introduced in UAPA.
Draconian Provisions of UAPA
- This act has vague terms which do not define terrorism precisely. Just possessing literature of a suspicious organization, holding its membership, or attending even a single meeting of such organization marks one as terrorist.
- The provision of anticipatory bail is absent.
- Government has power to declare any organization as terrorist.
- There is lack of judicial transparency because verdict is given in closed room by special courts.
- There are provisions of 30 days period of police custody and 180 days period of detention before filing charge sheet which can be further extended by the order of court. Both may prove extremely painful for the detainee.
- Due to its vagueness of this act, this is even curbing civil liberties which include violation of freedom of speech and expression (Article 19) and right to life (Article 21).
Similar Anti-Terrorism Act
This law of Unlawful Activities Prevention Act is not the first such act in the history of India. In British time, Indian people observed Anarchial and Revolutioary crimes act popularly known as Rowlatt act. TADA and POTA were such acts witnessed in independent India. TADA (Territorial and Disruptive Activities Act) was enforced in 1985 with a sunset clause and ended in 1985. Similar act POTA (Prevention of Terrorism Act) came in to force in 2002 during NDA government regime aftermath parliament attack in 2001. It was repealed by UPA government in 2004 to fulfill its promise in election manifesto. At the same time, government amended UAPA and broadened its scope by transferring powers of POTA in UAPA. Similarly, a popular act namely AFSPA (Armed Forces Special Powers Act), 1958 works on similar lines by giving special powers to armed forces for maintaining peace and order in disturbed areas.
Unlawful Activities Prevention Act Amendment Bill, 2019
At present, government has an intention to amend “Unlawful Activities Prevention Act” due to its policy of “Zero Tolerance towards Terrorism”. The proposed amendments are the following:
- To grant power to designate an individual also as terrorist instead of an organization only: As per present provisions of this law, only an organization can be declared terrorist. The government stand is that if an individual who has remained an active participant of a terrorist organization but has now dissociated himself from that outfit then it would be difficult to file a terrorist case against him. Such individual can only be penalized and not punished. So the power to declare an individual as terrorist will be helpful to take a legal action. Such powers also vest with global and regional organizations like United Nations, European Union and also with governments of USA, Pakistan, China, Israel etc.
- To transfer investigation power from state government to central goverenment: Current provisions allow investigating officers to seize property associated with terrorism by seeking permission from DGP. But proposed changes invoke approval from DG of NIA (National Investigation Agency). This seems to be centralization of power.
- To grant investigation powers to officers of inspector rank also. The present act grants investigating authority to officers of rank of DSP or ACP only. The amended provisions seek to give such powers to officers of inspector rank also.
- To expand the definition of terrorist activities including activities committed within scope of nine treaties listed in a schedule to the act. The existing treaties include Convention for suppression of terrorist bombings (1997), Convention against taking of hostages (1979). The amendment proposes addition of another treaty, International convention for suppression of nuclear terrorism (2005).
Criticism of UAPA Amendment Bill, 2019
The Unlawful Activities Prevention Act (Amendment bill), 2019 seems to have power centralization in terms of investigation of terrorist offences. The provisions of this bill can be misused, abused and overused because the officers of lower rank will be also involved in investigation. It is difficult to define the membership of an individual in a suspected organization.
Though such anti-terrorism acts are needed for the security of country but common citizens also suffer which we have witnessed in the past.
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