Unlawful Activities (Prevention) Act (UAPA)

Why in the news?

Recently, the Ministry of Home Affairs (MHA) imposed a ban on the PFI (Popular Front of India) and its associate organisations under the Unlawful Activities (Prevention) Act (UAPA), 1967.

Key Points:

Reason for the Ban:

• According to the MHA, some of the PFI’s members has linkages with Jamaat-ul-Mujahideen Bangladesh (JMB) and other with Global Terrorist Groups like Islamic State of Iraq and Syria (ISIS).

What is the process to declare an association unlawful?

• Under Section 4 of the UAPA, the government is mandated to send the notification to the Unlawful Activities Prevention Tribunal within 30 days of issuing the gazette notification to have the ban ratified. 

About the Unlawful Activities (Prevention) Act (UAPA):

• It was enacted in 1967 and was amended to be modelled as an anti-terror law in 2004 and 2008.
• In August 2019, Parliament cleared the Unlawful Activities (Prevention) Amendment Bill, 2019 to designate individuals as terrorists on certain grounds provided in the Act.

Provisions:

• Section 3 of the UAPA Act:  The government has powers to declare an association “unlawful”.

  • Declaring an organisation an unlawful organisation include the criminalisation of its membership and the forfeiture of the properties of the organisation.

• Section 4: The government is mandated to send the notification to the Unlawful Activities Prevention Tribunal within 30 days of issuing the gazette notification to have the ban ratified.
• Section 7: The government has power to prohibit the use of funds of an unlawful association.
• Section 8: All places that are used by the unlawful association can be notified and seized. 

What is a UAPA tribunal?

• • The UAPA provides for a tribunal under a High Court judge to be constituted by the government for its bans to have long-term legal sanctity.
  • Orders to declare an organisation as “unlawful” are issued by the Centre under Section 3 of the UAPA. 
  • Thus, a government order would not come into effect until the tribunal has confirmed it.
  • Constitution of the tribunal: The tribunal consists of only one person, who has to be a High Court judge. 

• Powers:

• • The tribunal has power to regulate its own procedure, including the place at which it holds its sittings.
  • The tribunal has the same powers as vested in a civil court under the Code of Civil Procedure, 1908. 
  • All expenses incurred for a tribunal are borne out of the Consolidated Fund of India.