What is UAPA (Unlawful Activities Prevention Act)?
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What is UAPA (Unlawful Activities Prevention Act)?

37 views • Sep 25th, 2020

What is UAPA (Unlawful Activities Prevention Act)?

The Government of India enacted the Unlawful Activities Prevention Act, 1967 to prevent terrorism activities to protect the sovereignty and integrity of the country. In this article, we will discuss What is UAPA (Unlawful Activities Prevention Act) and the application,  limitations, and controversies of the same.

Genesis of UAPA

India was engaged in an external war with China in 1962. But at that time India was disturbed internally too. C N Annadurai from Tamil Nadu, the founder of the political party, Dravida Munnetra Kazhagam was demanding a separate Tamil country. India was literally in dire straits due to double-sided disturbances. That was the time when the lawmakers conceptualized to combat such internal unlawful activities.

The Unlawful Activities Prevention Act is the output of the recommendations of the National Integration Council. The UAPA came into existence by the 16th Amendment Act, 1963. The law was basically introduced to tackle a wide range of domestic disturbances by enforcing restrictions on the Fundamental Rights of citizens of India.

UAPA basically restricts three Fundamental Rights:

  • Freedom of Speech and expression.
  • Right to assemble peacefully and without arms.
  • Right to form associations or unions.
Do you Know?
Unlawful Activities Prevention Act is an anti-terror legislation which is enforced by the counterterrorism agency i.e National Investigation Agency.
Application of Unlawful Activities Prevention Act
  • Unlawful Activities Prevention Act is applicable across the entire country
  • Any Indian or foreign national charged under Unlawful Activities Prevention Act is liable for punishment.
  • Place (Outside or inside India) of the commitment of crime or offense does not come into consideration under UAPA.
  • Persons in the service of the Government are also in the radius of UAPA.
  • Persons on ships and aircraft, registered in India are also under the ambit of this act.
  • UAPA is applicable to any combination or body of individuals.
Definition of Unlawful Activity in India

If an individual, organization, or body intends to bring a cession or secession of a part of the territory of India or executes any step to pose a threat to the sovereignty and integrity of India, then the individual or body will be involved in Unlawful Activity.

Chronology National Security Laws in India

  • Preventive Detention Act 1950-1969
  • Armed Forces Special Powers Act, 1958
  • Unlawful Activities Prevention Act, 1967
  • Maintenance of Internal Security Act, 1971-1977
  • Terrorist and Disruptive Activities Preventive Act, 1985-1995
  • Prevention of Terrorism Act, 2001-2004

 Note

Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) was introduced during the Punjab terror activities and terrorist activities like Kandahar Hijack and Parliament attack paved the way of Prevention of Terrorism Act, 2002 (POTA). But both the acts (TADA in 1995 and POTA in 2004) have been scrapped due to wide-scale misuse over time. The events were just immediately followed by the amendments in UAPA in 2004.
Amendments of Unlawful Activities Prevention Act, 1967

The amendments in UAPA were introduced for the first time in 2004. Thereafter, UAPA passed through several amendments in 2008, 2012, and most recently in 2019.

  • 2004 Amendments was done in the aftermath of the scrapping of the Prevention of Terrorism Act.
  • A wide range of terrorist activities was included in the 2008 amendments due to the series of bombings in 2006-2008.
  • 2012 Amendment enabled UAPA with rigorous enforcement and the range was increased as the companies, NGOs, and intergovernmental organizations and a list of bodies were added under UAPA surveillance.
  • UAPA act amendment 2019 was very controversial and empowered the central government to designate any individuals or organisations as terrorists over his/her/it’s Unlawful Activity. Section 43 D of 2019 amendments also can detain a charged person or organization for 180 days without filing any charge sheet. The period of 180 days can be further extended. The charged person would not enjoy the right to bail.

It is to be noted that several modifications have been made over the years, which made UAPA more strict in the process.

When could an Individual or Organisation be charged under UAPA 2019 amendments?

There are three conditions:

  • If an Individual or Organisation takes part or commits any terror activities.
  • If an Individual or Organisation advocates or cites unlawful activities.
  • If an Individual or Organisation provides any means of help to such unlawful activities.
Controversy with UAPA Act amendment 2019

The recent amendment in UAPA in 2019 sparked much controversy as it gives the central government a supreme power to declare anyone terrorist‘ on any ground of opposition by using fabricated pieces of evidence. It could come out as an instrument of the state-sanctioned programme of suppression on anyone who opposes the government.

Do you Know?
National Crime Records Bureau Report 2018 cites that the conviction rate of those prosecuted under UAPA was 14.5% in 2015 and increased upto 49.3% in 2017.

The above data clearly shows us the extent of misuse of UAPA of the future of the same.

Let’s take the example of Jawaharlal Nehru University (JNU) student leader Umar Khalid and two students of JNU Meeran Haider and Safoora Zargar were charged under UAPA by Delhi Police for hatching a conspiracy to incite communal violence. But where are the real culprits whose faces were captured in CCTV footage? Why is UAPA not being charged against the identified individuals? 

We could witness another plot of misuse of UAPA. Police used section 13 of UAPA to charge many individuals who were trying to access social media through VPN’s to bypass the internet ban imposed by the government when it invoked Article 370.

There are too many examples to mention. But the UAPA amendments become more significant in the context of the Citizenship Amendment Act, 2019.

Why is Unlawful Activities Prevention Act, 2019 so controversial?


  • Unlawful Activities Prevention Act, 2019 denies the dissent of the citizens. It empowers to criminalize anyone by assaulting citizens’ right to expression.
  • UAPA completely bypass fundamental rights and related procedures as the charged person would be detained for 180 days and beyond without a charge sheet being filed. It thus directly goes against the Article 21 of the constitution. 
  • It empowers the government to proceed through closed-door hearings in special courts.
  • The government can even use secret witnesses against the charged person or organization.
  • Unlawful Activities Prevention Act, 2019 also empowers the parliament of India to restrict the rights and freedoms of citizens to protect ‘the sovereignty and integrity of India’.
  • The definition of terrorism has been expanded under Section 35 and 36 of Chapter VI. It allows NIA to seize the property of charged Individual or Organization under Section 25 and empowers to investigate cases under UAPA Section 43. 
  • UAPA Act now can designate an individual as a terrorist and allows to add the person to 4th Schedule of UAPA. The person can appeal to denotify the name from 4th Schedule. But here is the controversial part. The person has to appeal to the government for denotification. A review committee will be set up to look into the appeal. Hence the process removes the basic institutional mechanism for judicial review. 

Hence, it is crystal clear that newly amended law can be used as a tool against the opposition and goes beyond the basic principle of democracy in the name of security.
Conclusion

There should be a perfect balance in the creation of a safe and sound society by proving security and maintaining citizen’s rights. Unlawful Activities Prevention Act, amendment 2019 would be snatching fundamental rights of a citizen in the pursuit of a safe Nation. But how can a Nation remain safe if it’s right to speech is taken away? It also denies the judicial principle of ‘innocent until proven guilty’ and violates the International Covenant on Civil and Political Rights.

On the other hand, this modified form of Unlawful Activities Prevention Act would restrict free and unbiased journalism. The plight of Indian journalism already touched the bottom line as India is ranked at 142 on the World Press Freedom Index 2020. Thus UAPA is structured to destructure the fourth estate, the pillar of democracy.

The article is aimed to provide an informative and analytical approach on What is UAPA (Unlawful Activities Prevention Act) and it will help you to build your own thought and opinions on What is UAPA (Unlawful Activities Prevention Act).

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