Unlawful Activities (Prevention) Act [UAPA]

Introduction

To establish a strong legislative framework, the Indian Parliament amended the Unlawful Activities (Prevention) Act (UAPA), 1967, which aims to eliminate terrorism. It is an Act to provide for the more effective prevention of certain unlawful activities of individuals and associations. Now, UAPA seeks an individual as a terrorist.  

Amendments Made in UAPA Act 

• Designating individuals as terrorists: Under the Act, the central government may designate an organisation as a terrorist organisation if it commits, prepares for, promotes terrorism, or is involved in terrorism. Now, UAPA allows the government to declare individuals as terrorists.  
• Approval for the seizure of property by NIA: If the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director-General of NIA would be required for the seizure of such property. 
• The investigation by NIA: Now, the officers of the NIA, of the rank of Inspector or above, investigate cases. 
• Insertion to schedule of treaties: The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The schedule lists nine treaties. The amendment added another treaty to this list which is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).   

The amendments made are criticised for human rights violations. Other issues are: 

• Lack of definition of terrorist and terror: The words terror and terrorist are not defined in the Act. 

• Sec 15 of UAPA defines a terrorist act as an act committed with intent to threaten or likely threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or any foreign country. 
• The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
• Too much power in the hands of the Union Government to declare any person as a terrorist may go against the constitutional spirit. 
• The inclusion of one’s name in the Fourth Schedule of the Act as a terrorist. This provision made a lethal attack on individual liberty and the right to freedom of expression.

• Against Human Values: But naming some as terrorists will lead to social boycott, expulsion from jobs, media trials etc., and will lead to the death of social life. 
• Against Privacy and Liberty of Individuals: The Act interferes with a person’s privacy and liberty which contravenes the fundamental right to privacy and personal liberty.

Thus, a striking balance between national security and democratic values is needed. Otherwise, criticism against the government or the right to dissent, which is an essential feature as asserted by the Supreme Court, will kill the constitutional spirit and very nature of the democratic setup of our country.