Unlawful Activities (Prevention) Act (UAPA)

Published on 08 Feb 2025

The Unlawful Activities (Prevention) Act is an Indian law enacted in 1967 to deal with secessionist movements and anti-national activities.

Major provisions of UAPA

• Definition: The act defines actions which intend to threaten the territorial integrity, sovereignty and security of India as an unlawful activity.

• It was amended several times, most recently in 2019, to include provisions related to terrorist financing, cyber-terrorism, individual designation, and seizure of property.

• Powers of the state:

• The union government is empowered to designate both organizations and individuals as terrorists if they engage in preparing, participating, or promoting terrorism.

• The state has the power to detain an accused for 180 days without filing charges against him.

• The state has the right to withhold evidence from the accused on grounds of public welfare.

• Presumption of guilt of an accused: The act makes it obligatory upon the court to view the accused as guilty in case of recovery of arms and explosives from the person.

• Punishment: The maximum punishment as per the legislation is death penalty.

• Bail provision: The UAPA imposes stringent conditions for granting bail, making it difficult for the accused to have bail.

• Applicability: Both Indians and foreigners can be charged. The offenders will be charged even when the actions are performed in a foreign land.

• Confiscation of property: Approval of the Director General of Police for the seizure of police. The 2019 amendment empowers the director general of NIA to grant approval of seizure of property when a case is investigated by NIA.

Significance of UAPA

• Counter terrorism: Government's authority to label individuals and organizations as terrorists supports global coordination to counter the actions of the group.

• Example: India labelling Masood Azhar and Hafiz Saeed as terrorists.

• Prevent terror funding: Designating a group or an individual as terrorists enables the freezing of their bank accounts, effectively curbing the flow of funds for terrorism. 

• Example: Student Islamic Movement of India is categorized as an unlawful organization which limits funding to the group.

• Ensure national security: Act empowers the National Investigation Agency (NIA) to investigate and prosecute cases under UAPA across the country.

• Protect national integrity: The act enables the government to impose restrictions upon groups which threaten the integrity of India.

• Example: Government labelling Khalistan Tiger Force as a terrorist group for bringing a secessionist tendency in India.

• Prevent internal extremism: The extremist outfits within India who rebel against the nation could be effectively curbed.

• Example: NSCN(K) has been categorized as an unlawful group for promoting violence in Northeast.

• International norms: As India presents itself as an active participant in counter terrorism campaigns, legislations like UAPA can be projected as India’s effort in countering terrorism.

• Example: The legislation would push India’s demand for a Comprehensive Convention on International Terrorism.

Concerns regarding UAPA

• Vague definition: The UAPA's definition of unlawful activities and terrorist organizations has faced criticism for its vagueness and potential overbroad interpretation.

• Example: UAPA against some college students and warden for celebrating Pakistan win in a cricket match

• Rights violation: Shifting the burden of proof upon the accused limits the opportunity for the person to prove himself to be innocent and leads to violation of his rights.

• Misuse of power: The act allows prolonged detention without bail, and this could be misused by those in power to stifle the critics and opposition.

• Example: UAPA was invoked to arrest activists of Bhima Koregoan case, which has been criticized as a potential misuse of power.

• Curb free speech: The stringent provision of the act inhibits individuals from free expression thus creating a chilling effect on their freedom.

• Example: Actions against journalists like Siddique Kappan to stifle their voice against the government.

• Misuse against minority: UAPA has been alleged to be used to target the minority community and to restrict their influence in the nation.

• Example: A report by US Commission on International Religious Freedom claims India using legislations like UAPA against religious minorities.

• Lack of transparency: Actions undertaken under UAPA like collection of evidence, surveillance etc. lacks transparency which raise concerns regarding potential misuse.

Way forward

• Prevent wrongful implications: While countering terrorism is crucial, it is imperative to employ stringent counter-terrorism laws such as UAPA judiciously, avoiding its misuse for wrongful implications.

• Balancing Fundamental Freedoms and State Interests: Balancing individual freedoms and state security responsibilities is a classic dilemma. Law enforcement must maintain integrity, objectivity, and prevent potential misuse.

• Role of Judicial Review: The judiciary plays a vital role in scrutinizing cases of alleged misuse. Judicial review becomes essential to check arbitrariness and subjectivity within the legal framework.

The UAPA plays a significant role in India's anti-terrorism initiatives, yet worries linger regarding its impact on individual freedoms. Advocates emphasize national security and counterterrorism, while detractors raise concerns about potential rights infringements and a low conviction rate. Achieving a balance between security and civil liberties necessitates thoughtful amendments, a dedication to due process, and prudent utilization of the UAPA for a more effective counterterrorism strategy in India.

Tags:
Security

Keywords:
Internal security legislations UAPA Significance of UAPA Concerns of UAPA

Syllabus:
General Studies Paper 3

Topics:
Internal Security