Recently, Father Stan Swamy, a Jesuit priest, and tribal rights activist died in judicial custody. This incident has brought focus on the stregency of the Unlawful Activities (Prevention) Act (UAPA).
- UAPA is the main anti-terrorism legislation of the country.
- The law is so stringent which makes it very difficult to obtain bail.
- This difficulty in getting bail is being seen as one of the main reasons for Fr. Swamy’s death as a prisoner in a hospital and compromises constitutional liberties.
The Unlawful Activities (Prevention) Act, commonly known as UAPA, as amended by the Parliament in 2019, raised many questions and was criticized by some experts. It is very important for all defense exams and SSB interviews.
Background of Unlawful Activities (Prevention) Amendment Act
- UAPA is the up-gradation of TADA (Terrorist and Disruptive Activities (Prevention) Act), lapsed in 1995, and the Prevention of Terrorism Act (POTA), repealed in 2004.
- The aim of this Act is the prevention of unlawful activities associations in India
- Till 2004, “unlawful” activities means, actions related to secession and cession of territory. An amendment was made in 2004, added the “terrorist act” to the list of offenses.
- The investigation agency can file a charge sheet in a maximum of 180 days after the arrest, and the duration can be extended further after informing the court.
- Special powers are also given to the Union government. In the event that Center considers a movement as unlawful, at that point it might, by the method of an Official Gazette, proclaim it so.
- The death penalty and life imprisonment are the highest penalties under this law.
2019 Amendment and its Features
- An individual can be designated as a terrorist on certain grounds provided in the Act.
- Earlier only organisations could be declared as such under this law. This amendment has plugged the loophole, designated individuals as terrorists because these loopholes gave them opportunities to circumvent the law and regroup under a different name.
- Amendment empowers the Director-General of NIA to grant approval of seizure or attachment of property when the case is under investigation of NIA. Earlier the consent of State Police is required, which delayed the process.
- It also empowers the NIA officers, of rank Inspector or above to investigate cases of terrorism. This will help to solve the issue of shortage of human resources in NIA.
Criticism of UAPA
- According to some experts and experience from laws like TADA and POTA tells us that they are often misused and abused in India.
- The laws could be used against political opponents and social activists as a tool who criticise the government and brand them as “terrorists.”
- Critics say 2019 amendment has given unfettered powers to investing agencies.
- Some experts say that amendment is against the federal structure, given that ‘Police’ is a state subject under 7th schedule of Indian Constitution.
Conclusion
While none will question the need for strict laws that show ‘zero tolerance’ towards terrorism, the government ought to be aware of its commitments to preserve fundamental rights while enacting legislation on the subject.
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