Unlawful Activities (Prevention) Act (UAPA)
Context:
- Two NewsClickemployees – editor Prabir Purkayastha and administrator Amit Chakravarty – were arrested by the Delhi police under the draconian Unlawful Activities (Prevention) Act (UAPA) on Tuesday, October 3, when officers conducted raided nearly 50 journalists and commentators associated with the news outlet from early morning onwards.
About UAPA:
- Unlawful Activities (Prevention) Actis an Indian law aimed at prevention of unlawful activities associations in India.
- Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.
- The most recent amendment of the law, the Unlawful Activities (Prevention) Amendment Act, 2019 (UAPA 2019) has made it possible for the Union Government to designate individuals as terrorists without following any formal judicial process.
- UAPA is also known as the “Anti-terror law”.
UAPA amendment act, 2019:
- The Act provides special procedures to deal with terrorist activities, among other things. The act was passed in the Lok Sabha on 24 July and Rajya Sabha on 2 August. It received the assent of the president on 8 August.
Main features:
- Who may commit terrorism: Under the Act, the central government may designate an organisation as a terrorist organisation if it:
(i) commits or participates in acts of terrorism,
(ii) prepares for terrorism,
(iii) promotes terrorism, or
(iv) is otherwise involved in terrorism.
- The act additionally empowers the government to designate individuals as terrorists on the same grounds.
Approval for seizure of property by NIA:
- Under the Act, an investigating officer is required to obtain the prior approval of the Director General of Police to seize properties that may be connected with terrorism.
- The act adds that if the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director General of NIA would be required for seizure of such property.
Investigation by NIA:
- Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above.
- The act additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.
Insertion to schedule of treaties:
- The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act.
- The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).
- The act also adds another treaty to the list. This is the International Convention fo9r Suppression of Acts of Nuclear Terrorism (2005).
Criticism:
- UAPA is criticized for its low conviction rate, which is around 2%.
- According to the data shared by the Union Government, in the period 2016 to 2020, 5,027 cases were registered under the act with 24,134 people accused in those cases.
- Only 212 of 24,134 people were convicted and 386 were acquitted.
- This means, in the years 2016-2020, 97.5% of the people arrested under UAPA remain under prison awaiting for trial.
Syllabus: Prelims
