Unlawful Activities Prevention Act 1967

UAPA or Unlawful activities prevention Act is an Indian law that came into force in the year 2019. It was launched to prevent unlawful activities in India. It stands for the Unlawful Activities Prevention Act. As the UAPA full form suggests, it aims at activities in relation to an individual or an organisation, thereby committing an act or by words either spoken or written, deals with unlawful affairs. UAPA’s main objective is to make the powers available for dealing with affairs against the sovereignty of India. Therefore, apart from UAPA full form, the law is also known as Anti-Terror Law.

What is UAPA, or what is the Unlawful activities Prevention act?

The Unlawful Activities Prevention Act, or the full form of UAPA, was first launched in 1967. The bill was amended by the Lok Sabha in the year 2019. The UAPA bill empowered the Central Government to deal with the terrorist activities accordingly. It handles the matters strictly and empowers mainly Parliament to impose laws and restrictions to maintain the integrity of India. The UAPA Law ponders over fundamental rights. They are Freedom of Speech and Expression, the Right to Assemble peace without arms and the Right to form Associations. The main aim of this bill was to make powers available to the Government. It was passed by both the Houses of Parliament and received the sanction of the bill on 30th December 1967.

What is the UAPA Act?

The unlawful activities prevention act enables the prevention of unlawful or terrorist activities of any union or association. UAPA Act started in the year 1969, and the UAPA bill was passed in 2019 in Rajya Sabha where members of Parliament voted in favour of the UAPA Amendment Bill. Following is the detailed list of the Act with Year.

What is the POTA Act?

The POTA act full form is The Prevention of Terrorism Act. This act was launched in 2002 and was passed by the Parliament of India to deal with strengthening anti-terrorism operations. The last Amendment Act was enacted after it was withdrawn by Parliament. It was re-incorporated in the year 2008 after Mumbai Attacks. The Act therefore strengthened, and later the most recent amendment was done in 2019. It amends the Unlawful Activities Prevention Act of 1967 to make it more effective in terms of unlawful or terrorist activities. 

After re-enforcing POTA, the scope of UAPA got expanded. Previously, it was amended, allowing the government to designate a terrorist without any trial. Later in the year 2021, the supreme court of India provided that bail could be granted if the speedy trial was violated.

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Application of the UAPA Act in India or Abroad

The Unlawful Activities Prevention Act has certain rules and regulations based on the bill passed. The UAPA Act is applicable all over India. It is for any Indian or foreign national irrespective of location, crime or offence committed. The provisions of this Act are applied to the citizens of India and Abroad. UAPA will be to all the offenders in the same manner even if the crime is committed overseas. Individuals on ships or aircraft, if registered in India, also fall under the rules and regulations of this act.

The changes in the Unlawful Activities Prevention Act, 1967

The Unlawful Activities Prevention Act was changed under the laws of the Union Cabinet. Lok Sabha passed the NIA that is the National Investigation Agency act of 2008, to change certain aspects of the Law. National Investigation Agency functions as the centre for Terrorism Law Enforcement in the country. According to the changes, Section 4 of the Unlawful Activities Prevention Act will allow the NIA to declare a suspect or union links with terrorism. Previously, only organisations were designated as ‘terrorist organisations. But now, an individual can also be suspected under the rule of UAPA and NIA.

Notable Arrests made under the UAPA Act, 1967

• Arun Ferreira, Human Rights Activist arrested in 2007 and re-arrested in 2018.

• Binayak Sen, Doctor and Human Rights Activist arrested for supporting Naxals in the year 2007.

• Gaur Chakraborty, accused of involvement in terrorism in the year 2009.

• Sudhir Dhawale, Dalit Rights worker, accused of Bhima Koregaon Violence, was arrested in 2018.

• Rona Wilson, Research Scholar and Secretary of the Committee for Release of Political Prisoners, accused of Bhima Koregaon Violence, was arrested in 2018.

• Mahesh Raut, Tribal Rights Worker, accused of Bhima Koregaon Violence, was arrested in 2018.

• Vernon Gonsalves, Activist, Trade Unionist and Academician, accused of Naxalite links, arrested in 2007 and 2018.

• Shoma Sen, Professor and Right Activist, was arrested in 2018.

• Asif Sultan, the Journalist, was arrested in the year 2018.

• Sudha Bharadwaj, Trade Unionist and Civil Rights Activists, was arrested in 2018.

• Akhil Gogoi, RTI Activist, was arrested in the year 2019.

• Meeran Haider, Student Activist, arrested in the year 2020

• Safoora Zargar, Student Activist, arrested in the year 2020.

• Umar Khalid, Human Rights Activist, accused in Delhi Riots, arrested in 2020.

• Ishrat Jahan, Congress Counsellor Delhi, was arrested for Anti-CAA Protests in the year 2020.

• Siddique Kapan, the Journalist, was arrested in 2020.
  
  

UAPA Act Punishment

UAPA Act is strict and maintains a protocol of punishment for unlawful activities. According to the act, whoever conspires, advocates advise terrorism knowingly or unknowingly is punished with imprisonment for a term. Section 16 in the UAPA Act of 1967 states that the punishment shall not be less than five years which may extend to imprisonment for life. In certain cases, the punishment can result in the death of any person or be punishable with death. The other cases might impose imprisonment for life and shall also be liable to a fine.

Issues related to UAPA Act:

• UAPA Act vs UN: The definition of the terrorist act differs from the definition promoted by the UN. UAPA offers an ambiguous explanation that includes death or damage to any property. The UN, on the other hand, defines a terrorist act with elements of ideological goal which must cause fear amongst the population.

• Bail: UAPA’s issue lies in the denial of bail. It prevents the release of any accused person on bail if police have filed the charge sheet on reasonable grounds. Section 43(D)(5) states that once the police elect to charge an individual under UAPA, it becomes difficult to bail.

• Trails: The rate of pendency at the level of trial in a justice delivery system in India is 95.5%. Trials are completed every year signifying the issues of undertrial imprisonment, which creates an affair with the system.

• State Overreach: It includes the UAPA act giving power to the government to brand any ordinary activist. State overreach provides vague powers to arrest individuals who are indulged in terrorist activities.

• Federalism: This is a burning issue as some experts believe that it is against the federal structure since UAPA neglects the authority of state associations in terrorism provided that police is a state subject under the 7th Schedule of Constitution of India.

Conclusion

The above article shows the written provisions of the Unlawful Activities Prevention Act 1967, which had certain rules and regulations. The recent changes had made it stricter and sharper for the country and abroad. The act faced criticisms on various aspects, and many leaders of opposition parties are observed to misuse the law. But since the law is precise and firm, exploitation has been abolished to protect the integrity of the country through several terms.