Topics Covered:
- Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
- Role of external state and non-state actors in creating challenges to internal security.
Unlawful Activities (Prevention) Act (UAPA)
What to study?
- For Prelims: UAPA- features.
- For Mains: UAPA- reforms and need for reforms.
Context: Ministry of Home Affairs (MHA) has banned separatist Yasin Malik’s Jammu and Kashmir Liberation Front (JKLF) under the anti-terror law, Unlawful Activities (Prevention) Act, 1967 (UAPA). The move comes days after the Centre banned Jamat-e-Islami (JeI-J&K) under Section 3(1) of the UAPA.
About the Unlawful Activities (Prevention) Act (UAPA):
- This law is aimed at effective prevention of unlawful activities associations in India.
- Its main objective is to make powers available for dealing with activities directed against the integrity and sovereignty of India.
- The Act makes it a crime to support any secessionist movement or to support claims by a foreign power to what India claims as its territory.
- The UAPA, framed in 1967, has been amended twice since: first in 2008 and then in 2012.
The law is contested for few draconian provisions:
- The Act introduces a vague definition of terrorism to encompass a wide range of non-violent political activity, including political protest.
- It empowers the government to declare an organisation as ‘terrorist’ and ban it. Mere membership of such a proscribed organisation itself becomes a criminal offence.
- It allows detention without a chargesheet for up to 180 days and police custody can be up to 30 days.
- It creates a strong presumption against bail and anticipatory bail is out of the question. It creates a presumption of guilt for terrorism offences merely based on the evidence allegedly seized.
- It authorises the creation of special courts, with wide discretion to hold in-camera proceedings (closed-door hearings) and use secret witnesses but contains no sunset clause and provisions for mandatory periodic review.
Sources: the hindu.
Mains Question: The ambiguous nature of Unlawful Activities Prevention Act,1967 (UAPA) gives unreasonable power to authorities. Examine.
