Why in the News?
- The Supreme Court of India recently refused bail to activists in the 2020 Delhi riots case, citing prima facie evidence under the UAPA, 1967
- The Court emphasized that constitutional guarantees of personal liberty (Article 21) are not absolute and are subject to restrictions under special statutes like UAPA.
- This highlights the stringent bail provisions and special thresholds under UAPA designed to maintain national security, public order, and sovereignty.
Overview of UAPA
- The Unlawful Activities (Prevention) Act is India’s primary anti-terror legislation enacted in 1967 to address anti-national and secessionist activities threatening India’s sovereignty and integrity.
- Initially focused on unlawful associations, the Act has been amended multiple times to address terrorism, financing of terror, and individual designations as terrorists.
- UAPA empowers the Central Government and investigative agencies to act decisively against terrorist acts while prescribing special bail, procedural, and punitive provisions.
Historical Background of UAPA Act 1967
- 1963: Constitution (Sixteenth Amendment) allowed restrictions on Article 19 (freedom of speech) for safeguarding national integrity.
- 1967: UAPA enacted to criminalize activities threatening India’s unity, sovereignty, and territorial integrity.
- 2004 Amendment: Added Chapter IV to include terrorist acts under the UAPA, replacing TADA (1987) and POTA (2002).
- 2008 Amendment: Empowered government to freeze or seize assets of individuals/entities involved in terrorism and set up NIA as the primary investigating agency.
- 2013 Amendment: Strengthened provisions against money laundering and terror financing.
- 2019 Amendment: Included cyber-terrorism, property seizure, and individual designation as terrorists.
Key Provisions of the Unlawful Activities (Prevention) Act (UAPA), 1967
1. Declaration of an Unlawful Association: The Central Government can declare an association “unlawful” if it engages in activities that:
- Support the cession or secession of any part of India.
- Challenge or deny India’s sovereignty or territorial integrity.
- Such a ban on an organization can be extended for up to five years.
2. Designation of Terrorist Organisations: The Central Government may designate an organisation as a terrorist organisation if it:
- Commits or participates in terrorist acts.
- Prepares for, promotes, or facilitates terrorism.
- Is otherwise involved in activities considered terrorism-related.
3. Definition of Terrorist Acts: Under Section 15 (2004 Amendment), a “terrorist act” is any action intended to:
- Threaten or likely threaten India’s unity, integrity, sovereignty, or security (including economic security).
- Instill fear or terror in the public, either in India or abroad.
- Terrorist acts also include offences under international treaties listed in the UAPA schedule, such as:
- Convention for the Suppression of Terrorist Bombings (1997)
- Convention Against Taking of Hostages (1979)
4. Establishment of Tribunals: The Central Government may set up an Unlawful Activities Prevention Tribunal comprising a High Court judge.The tribunal can ban organizations involved in terrorist activities.
5. Extended Investigation and Judicial Timelines: Remand orders can extend to 30 days instead of the standard 15 days. Maximum judicial custody before filing a charge sheet can be 180 days (instead of 90).
6. Bail Provisions: Bail is restricted under UAPA. Courts may deny bail if the charges appear prima facie valid.The burden of proof lies with the accused to demonstrate innocence.Human rights advocates note that this makes bail during trial difficult to obtain.
7. Punishments for Terrorist Offences: Death penalty or life imprisonment if the act results in death.
- 5–10 years imprisonment and fine for organising terrorist camps, recruiting, or conspiring. Minimum 5 years imprisonment and fine for acts preparatory to terrorism.
8. Investigating Agency
- The National Investigation Agency (NIA) is the primary agency for investigating UAPA cases.
- Established in 2008, NIA officers of rank Inspector and above are empowered to investigate.
- Prior to NIA, state police and CBI handled terror-related investigations.
UAPA Amendment Act 2019
a. Designation of Individuals as Terrorists: The Union Government can now designate individuals as terrorists without a judicial process.Earlier, only organizations could be designated as terrorists.
b. Property Seizure by NIA: Approval from the Director General of NIA is required for seizing property linked to terrorism.This is in addition to approvals from the Director General of Police.
c. Expanded Investigative Powers of NIA: Officers of rank Inspector and above are empowered to conduct UAPA investigations, supplementing the earlier limit of DSP/ACP and above.
d. Addition to International Treaties Schedule: The 2019 amendment included the International Convention for Suppression of Acts of Nuclear Terrorism (2005) to the UAPA schedule of treaties.
Criticisms of the Unlawful Activities (Prevention) Act (UAPA)
- Vague and Broad Definitions: The terms “unlawful activity” and “terrorist act” are wide-ranging and open to interpretation, making them susceptible to subjective application and misuse.
- Low Conviction Rate: Between 2016 and 2019, only about 2.2% of cases registered under UAPA resulted in convictions, indicating challenges in securing evidence and proving charges (NCRB).
- Extended Pre-Trial Detention: Suspects can be held in judicial custody for up to 180 days before filing a charge sheet, significantly longer than standard criminal cases.
- Limited Procedural Safeguards: The law does not mandate prior disclosure of evidence to the accused, including when individuals or organisations are designated under the Act, limiting transparency and judicial scrutiny.
Significance of the Unlawful Activities (Prevention) Act (UAPA), 1967
- Protection of Sovereignty and Integrity: UAPA is India’s primary law to prevent activities that threaten the country’s sovereignty, territorial integrity, and unity, addressing secessionist and anti-national threats.
- Counter-Terrorism Framework: Following amendments in 2004, 2008, 2013, and 2019, UAPA provides a legal mechanism to combat terrorism, including terrorist financing, recruitment, and organisation.
- Designation Powers: Empowers the central government to declare associations or individuals as unlawful or terrorist, enabling preventive action before large-scale harm occurs.
- Integration with Investigating Agencies: The Act authorises the National Investigation Agency (NIA) to investigate terror-related cases, ensuring centralised and specialised enforcement.
- Alignment with International Norms: UAPA includes international treaties and conventions in its schedule, ensuring compliance with global counter-terrorism frameworks and obligations.
Under the UAPA, 1967 which of the following powers are vested with the Central Government?
1. Designating individuals as terrorists
2. Declaring organisations as unlawful
3. Freezing assets linked to terrorist activities
Select the correct answer using the code below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1, 2 and 3
(d) 1 and 3 only
Answer: (c) 1, 2 and 3
Explanation:
Statement 1 is correct: The UAPA Amendment Act, 2019 empowers the Central Government to designate individuals as terrorists, a power that earlier existed only for organisations. This enables preventive action against individuals involved in terrorist activities.
Statement 2 is correct: The Central Government may declare an organisation as “unlawful” if it engages in activities that support cession or secession, or challenge India’s sovereignty and territorial integrity.
Statement 3 is correct: The Act authorises the Central Government to freeze, seize, or attach funds and financial assets linked to terrorism, particularly after the 2008 and subsequent amendments, to curb terror financing.
