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Unlawful Activities (Prevention) Act

Posted on March 9, 2021 by admin1  56

In News: A local court in Gujarat recently acquitted 122 persons arrested under the Unlawful Activities (Prevention) Act for participating in a meeting organised in December 2001 as members of the banned outfit Students‘ Islamic Movement of India (SIMI)

About Unlawful Activities (Prevention) Act (UAPA)

  • It is an anti-terror legislation that seeks to designate an individual as a “terrorist”.

Who is a “terrorist” in the UAPA?

  • The words “terror” or “terrorist” are not defined, but the UAPA Bill in Section 15 defines a “terrorist act” as any act committed with intent to threaten or likely to 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 in any foreign country.
  • The original Act dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
  • It is aimed at “more effective prevention of certain unlawful activities of individuals and associations for dealing with terrorist activities”.
  • It was first promulgated in 1967 to target secessionist organisations and is considered to be the predecessor of laws such as the (now repealed) Terrorist and Disruptive Activities (Prevention) Act (TADA) and Prevention of Terrorism Act (POTA).
  • Any Indian or foreign national charged under UAPA is liable for punishment under this Act, irrespective of the location of crime/offence committed

As per amendments of 2019

  • The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
  • The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.
  • It also has the provision of designating an individual as a terrorist. Prior to this amendment, only organizations could be designated as terrorist organizations.

Source :TH


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