Unlawful Activities and (Prevention) Act (UAPA)

SECURITY/ SOCIETY/ ETHICS

Topic: General Studies 2, 3 and 4:

• Government policies and interventions for development in various sectors 
• Security and related issues 
• The role of NGOs, SHGs and various groups 
• Probity and Ethics in governance

Unlawful Activities and (Prevention) Act (UAPA)

Context: Civil rights activist Gautam Navlakha and Prof Teltumbde surrendered before the NIA court on orders of Supreme Court.

Brief History of the case

• In 2018, violence broke out at the 200th anniversary celebration of a  Bhima-Koregaon battle primarily between Dalits & upper caste people
• Clashes then broke out across the Maharashtra state 
• Police have alleged that several activists & academics including Prof Teltumbde( a Dalit) and his organisation Elgar Parishad, as responsible for the violence that erupted in Bhima Koregaon
• They have been charged under UAPA and accused of having Maoist links.

About Unlawful Activities (Prevention) Act

• The UAPA, an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA (lapsed in 1995) and the Prevention of Terrorism Act – POTA (repealed in 2004) was passed in the year 1967
• It aims at effective prevention of unlawful activities associations in India.
• Till 2004, “unlawful” activities referred to actions related to secession and cession of territory.
• The 2004 amendment, added “terrorist act” to the list of offences.
• Under the act, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
• Powers to Union Government: If Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
• It has death penalty and life imprisonment as highest punishments.

2019 Amendment of UAPA

• The act was amended to designate individuals as terrorists on certain grounds provided in the Act.
  • Earlier only organisations could be declared as such
  • Not designating individuals as terrorists, would give them an opportunity to circumvent the law and regroup under different name
• It empowers the Director General of NIA to grant approval of seizure or attachment of property when the case is investigated by NIA
  • Earlier it required the consent of State Police which delayed the process
• It empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism
  • This will help solve the human resource crunch in the NIA.

Criticism of UAPA

• Experiences of Anti-terror laws in India such as POTA and TADA reveals that they are often misused and abused.
• The law could also be used against political opponents and civil society activists who speak against the government and brand them as “terrorists.”
• Critics argue that the law, especially after 2019 amendment gives unfettered powers to investigating agencies.
• Some experts feel that it is against the federal structure, given that ‘Police’ is a state subject under 7th schedule of Indian Constitution.

Importance of Civil Society Groups/ Social Activists

• Acts as a conduit between people and authority
• They help in interest articulation and interest aggregation in a Democratic setup
• Collaboration with the government in welfare delivery programmes especially in remote places where administrative machinery is thin
• Constructive criticism of government actions which leads to improvements in governance
• Helps in preventing the excesses of executive through their active civic participation
• Holds the government accountable for their action and ensures transparency in government functioning
• Promotes brotherhood and harmony in society
• Promotes environmental consciousness among people
• Ensures that government keep humans at the centre of development strategy

Way Ahead

• In this contemporary period of decline of Political parties, it is the civil society that cater to people’s needs, hence they should not be harassed through draconian laws
• Anti-terror laws should not be used as tool to silence the critics of government
• Need to set up review committee to examine and supervise the process of designating individuals as terrorists and investigation of cases with objectivity and fairness.
• There is a greater role for judiciary here to carefully examine the cases of alleged misuse. Arbitrariness under the law should be checked through Judicial review.
• Drawing the line between individual freedom and state obligation to provide security is a case of classical dilemma. It is up to the officers to ensure professional integrity, follow the principle of objectivity and avoid any misuse.

Connecting the dots:

• Foreign Funding and NGOs- Critical Analysis 
• Need for active civic participation for vibrant Democracy