The bill was passed on December 30, 1967 in both the houses of the parliament and through the assent of president it became an unlawful activities prevention act, 1967. Till now it had been amended many times, last it was amended in 2019. UAPA aims to curb the associations in India those who work or target to harm unity and integrity of our country. There were lots of groups or association in India those do anti national or anti government activities. These activities harms our country in many ways , so for curbing the anti national and terrorism activities Indian parliament brought Unlawful Activities Prevention Act, 1967. This act allows central government and state government to do several things, such as it has power to designate any part of organization as unlawful, It defines and criminalize what it called unlawful activities. There is no provision for judiciary interference on banning any organization and also no need to proof anything before court. The main objective of the act was to give power and authority to state for dealing with activities which harm the integrity and sovereignty of India.
The amendments had done to UAPA are as follows:
- Unlawful Activities (Prevention) Amendment Act 1969.
- The Criminal Law (Amendment) Act 1972.
- The Delegated Legislation Provision (Amendment) Act 1986.
- Unlawful Activities (Prevention) Amendment Act 2004.
- Unlawful Activities (Prevention) Amendment Act 2008.
- Unlawful Activities (Prevention) Amendment Act 2012.
- Unlawful Activities (Prevention) Amendment Act 2019.
The last four amendments are most important, the 2004 act define terrorism as crime and it gives power to the government to declare and ban organization as terrorist. The law also give the power to police for enhance part of interrogation and it make very difficult for a arrest person to get bail.
On December 17, 2008 amendment was and adopted after the attack in Mumbai. More provision similar to POTA and TADA were brought in like maximum period in police custody, arrest without warrant, restriction on bail and many more. On 2012 amendment expanded the already vague definition of terrorist act to include the offences the threat the country’s economy security.
The Unlawful Activities (Prevention) Amendment Act 2019 was introduced in lok sabha by the ministry of home affairs, Mr. Amit Shah on July 8, 2019. The major change in this act was that power from state was given to central government and it has a provision for the government to designate an individual as terrorist if the individual is a terrorist worker or have hands in any terrorist act. Also an individual who raises money, promote or prepare for terrorism should be designated as terrorist. And then there are those who will try to plant terrorist theory or literature in the minds of young. The bill gives power to an NIA officer and inspector rank person to investigate cases. But earlier the investigation was use to held by the deputy superintendent rank officer or assistant commissioner of police. The bill also add the treaty of the international convention for suppression of nuclear terrorism (2005).
There is various kind of punishment under this act. For terrorist act a person will be liable with death or life imprisonment and shall also liable for fine also. If a person involves in conspiracy, organizing terrorist camp will be liable with imprisonment not less than 5 years may extend to life imprisonment and shall be liable for fine. For giving home or shelter to terrorist and threatening witness of any terrorist act will be liable with imprisonment that is not less than 3 years which can be extend to life imprisonment and shall also be liable for fine. If a person is a member of terrorist group or association and holding proceeds of terrorism he or she will be liable with life imprisonment and shall also liable with fine as decided by the court and authority.
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There are many land mark cases related to this act some of them are R.M Malkani vs. State of Maharashtra, AIR 1973 and State of Maharashtra Vs. Bharat Shanti Lal Shah and others, (2008).
UAPA infringe many fundamental rights of persons which are provided through constitution to the citizen of India. Some of the rights are freedom of speech (Article 19), personal liberty (Article 21), the right to a fair trial (It also comes from article 21). There were many cases where terror accused have been released after spending so many years behind the bars. Almost 72% people who were arrested under UAPA have been acquitted of all the charges till 2015.Some famous persons arrested under unlawful activities prevention act are KK Shahina (journalist) in Thalka she went to take the interview of a Bangalore blast suspect and she was charged with UAPA, GN Saibaba professor of Delhi University was held guilty under this act but still a subject of discussion, Jyoti Chorge a 19 year old girl having the possession of Maoist litterateur, Hubli conspiracy case where 17 students were arrested under UAPA related to some terrorist activity but they all were released after spending 8 years behind the bars, Wahid sheikh he was also charged under this act but he was released after spending 9 years of his life in jail.
This act is very good foe stopping terrorist activities, but some people may misuse this act. Organizations who are working for the rights of minorities and oppressed sections of the society are very easily labeled as banned and terrorist organization under this act. Their activists or members of organization get arrested without any proper proof and denied bail. There is no provision for anticipatory bail under this act which make it more draconian. There are many words introduced under this act but most them has vague and broad meaning. There is provision of detention without charge sheet for 180 days, and a person can be in police custody for 30 days without any proof. Special courts have been made for hearing the cases of UAPA with closed door hearing and secret witness can be use. The most important sunset clause is missing in this act as most of the earlier acts like POTA and TADA have sunset clause that means that after every two years it has to go in parliament for changes or to pass from parliament again. There are no provisions for the mandatory periodic review. Police or authority can search, seize and arrest with any warrant. Vague definition of terrorist activity to include the wide range of non violent political activity and political protest. Such kind of act should be at the time of war or emergency but UAPA has normalized it at the time of peace.
About Author(s)
Author- I am Rashmi Singh. Born and grown-up at Himachal Pradesh, currently pursuing B.A.LLB (2nd year) from Mysore University. By profession, I am a blogger. And always ready to do something new.
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