Unlawful Activities (Prevention) Act (UAPA),2019

Unlawful Activities (Prevention) Act (UAPA),2019

About the UAPA:

• Unlawful Activities (Prevention) Act(UAPA) is legislated with the intent to prevent and punish the 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.
• It was initially introduced in 1967 by a recommendation of committee appointed by National Integration Council.
• It was recently amended in the year 2019 which was the controversial according to some human rights activists.
• The amendment made it possible for the Union Government to designate individuals as terrorists without following any formal judicial process.
• UAPA act is also known as the Anti-terror law.

2019 amendment of the UAPA and its important provisions:

• Who may commit terrorism: Under the Act, the central government may designate an organisation as a terrorist organisation if it:

1. 1. commits or participates in acts of terrorism,
   2. prepares for terrorism,
   3. promotes terrorism, or
   4. is otherwise involved in terrorism.

The Bill 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 Bill 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 Bill 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 Bill also adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

ISSUES with the act:

• Low rate of conviction:

1. 1. UAPA is criticized for its low conviction rate, which is around 2%.
   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.
   3. Only 212 of 24,134 people were convicted and 386 were acquitted.
   4. This means, in the years 2016-2020, 97.5% of the people arrested under UAPA remain under prison awaiting for trial.

• Broad and unclear language:

1. 1. Critics of the UAPA consider the definitions of “terrorist”, “like to threaten” and “likely to strike terror” to be very broad and open to misuse by the police as the burden of proof of innocence is on the accused.
   2. The example of Gaur Chakraborty among others is cited wherein he spent 7 years in prison during trial only to be acquitted of all charges, wherein the imprisonment during trial itself amounted to punishment.

• Due process of law is not followed:

1. 1. The power to designate an individual as a terrorist before being proven guilty by trial, was criticised.
   2. In 2020, United Nations special rapporteuresstated that the provisions of the UAPA 2019, contravenes several articles of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

Syllabus: Prelims + Mains; GS2 – Indian Polity and Governance