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Terrorist and Disruptive Activities (Prevention) Act TADA (lapsed in 1995) and the Prevention of Terrorism Act – POTA (repealed in 2004) was passed in the year 1967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
