INTRODUCTION: –
The UAPA is known as the unlawful activities (prevention) act which was introduced on 30TH December 1967 by the Parliament of India. The unlawful activities act is aimed at protecting the integrity and sovereignty of India where the activities ‘Terrorism’ is deal by the law where its main objective is to establish law where the rules or regulations are dealt with the activities which is directed against the integrity and sovereignty of India. UAPA also known as The Anti-terror law.Its main objective was to protect the people where the laws are available for dealing with the illegal activities directed against the integrity and sovereignty of India.
HISTORY
The acceptance by the government on the recommendation of the Committee on National Integration and Regionalism appointed by the National Integration Council, the Constitution (Sixteenth Amendment) Act, 1963 which was enacted, empowering parliament to impose, by the law, reasonable restrictions in the interest of sovereignty and integrity of India, on the: –
- Freedom of speech and expression
- Right to assemble peaceably and without arms
- Right to form associations or Unions
The object of the act which is available for dealing with activities directed against the integrity and sovereignty of India.
- The objective of the bill was to develop the power that can build security system to protect the country from the unlawful activities which is terrorist activities where [1]group or individuals is joined in terrorist activities and to protect the civilian from the particular person or groups causing these terrorist activities.
The amending acts as follows: –
- The Unlawful Activities (Prevention) Amendment Act.
- The Criminal Law (amendment) Act, 1972
- The Delegated Legislation Provisions(amendment)Act, 1986
- The Unlawful Activities Amendment Act ,2004
- The Unlawful Activities Amendment Act,2008
- The Unlawful Activities Amendment Act,2012
- The Unlawful Activities Amendment Act,2019
UNLAWFUL ACTIVITIES (PREVENTION)AMENDMENT ACT IMPLEMENTATION : –
- The act was enacted after POTA (Prevention Terrorism Act) which was withdrawn by the Parliament. But In 2008, after Mumbai attacks, it was further made stronger by changing and implementing it. The most recent amendment is being made in 2019 where the aim and reasons to amend the Unlawful Activities Prevention Act, to make it more effective in preventing any unlawful activities.
- In July 2019, the Government further amended the act where it introduces that to designate an individual as a terrorist without trial. As before the provisions of the Bills only says that it is allowed for only groups to be designated as terrorists.[2]
- As also the Two of the judgement which was in 2021, the Supreme Court said “the bail only can be granted to accused if the right to speedy trial was violated. And in 2023, The Supreme Court said in that judgement that the “membership of an offence under UAPA”
FROM WHEN UAPA CAME INTO FORCE AND BECOME A NECESSITY: –
- 1962 – INDO-CHINA
- 1971-INDO-PAK WAR
- 1975-EMERGENCY
- Dravida Munnetra Kazhagam – this party was made by CN Annadurai in 1962, which proposed for a separate Tamil Country in Rajya Sabha. He renamed Madras as Tamil Nadu.
- Later due to happening of 1962 Indo-China war which made him let go of his proposal as it was the time when centre realized that we had emergency provisions to fight with external issues but there were no provisions to control domestic crisis and it was needed to restrict citizens right.
Hence UAPA was introduced by National Integration Council: –
- It set up a committee for Nationalisation + Regionalisation.
UAPA NIA – enforcement body
Anti-terror legislation Counter – Terrorism Agency
CURRENT STATUS OF UNLAWFUL ACTIVITIES(PREVENTION)ACT, 2019
The UAPA Bill came in front of the Lok Sabha by the Minister of Home affairs where the bill was amended into the act that provides special procedure to deal with terrorist activities. Under the act, The Central Government made some provisions which may designate an organization as a terrorist organisation if it –
- Commits or participate in the acts of terrorism
- Prepares method for terrorism
- Promotes terrorism
- Is otherwise involved in terrorism
__Bills additionally empowers the government to designate individual’s terrorists on the same ground: –
- Approval for the seizure of property by the NIA
- Investigation by the NIA
- Insertion added to the schedule of treaties
All these were recent changes which were made in the UAPA act to tackle the unlawful activities act.[3]
OBJECTIVES OF UAPA: –
As the UAPA is one of the most important which fights for terrorism and that’s’ why it came into force by the Parliament of India as to fight against the groups or individuals who are involved in terrorism act or groups with an intention to kill or harm civilians. As the act came into force for such terrorist activities which is conducted by the groups or individuals who are involved in such illegal activities
A Bench of Justice MR Shah, Justice T Ravikumar and Justice Sanjay Karol of National Integration and Regionalisation, appointed by the National Integration Council Act, on who’s the recommendation of the Constitution (16th Amendment) Act, 1963 was enacted and then the unlawful activities(prevention) Act (UAPA) CAME into force.
AS FOLLOW – THE AIMS OF UAPA: –
- Prevention of unlawful activities
- Combating terrorism
- Deterrence
- National Security
- Maintaining Public order
- Legal Framework
- International Obligations
ADVANTAGES OF UAPA: –
- Enhanced National Security
- Prevention Measures
- Coordination and Intelligence
- Improved Border Security
- Protection of Civilian Rights
- Deterrence
- Financial Disruption of Terrorist Organizations
RECTIFICATION OF UAPA: –
The UAPA has many loops where it needs to be implemented and changed in the provisions of the act to provide transparency and clarity more as there were many cases which stated that the lack of information is there on that basis the people who are not done the crime are arrested and held liable. They have to spent years in jail and if not proven guilty due to lack of evidence and proof then they have to spend years in jail, as in many cases there have been death due to the trauma of [4]convicting wrong people. As UAPA as an act is very much valuable and informative to protect the civilians of the country but it needs to be used in right manner not against the public but the groups or person who is involved in terrorist activities as this will only discourager public only if it is used in wrong sense against them without valid reasons. The bill lays important role to protect Indian from unlawful activities which is involved in terrorist activist.
There are some recommendation or reforms to be made in the UAPA
RECOMMENDATIONS TO BE MADE IN UAPA:
- Definition Clarity
- Safeguards against abuse
- Bail provisions
- Review Periods
- Protection Of Civil Liberties
- Transparency and Accountability
- International Human rights standards
- Judicial Oversight
- Data Collection
- Rehabilitation and Reintegration
- These are some reforms that can be made into the act to have some keywords like definition clarity as to ensure what is terrorism and how depth the definition is define that who is guilty is arrested and who is innocent is not guilty and not have to face years in jails. To see that the individual or group is involved in terrorism is taken in immediate action so that it wont cause harm
- Bail provisions is mentioned to tell itself that the people who is innocent and haven been convicted should be treated right with proper trial so that they have not to be face problems and be in jails for no reason was these persons are in good faith and good people.
- The protection should be provided by the Government of India to protect their citizens or any person to keep their country safe from any unlawful activities which terrorist activities.
- The departments or legal authorities which has the data to provide the cases or security should have transparency to show the right information to the public and have the storage and information of all the data provided in the activities if happens or on before to protect it.
- Judicial process is necessary as to implement laws and provide more strict secure laws for these types of unlawful activities done, plus the people who are not guilty and are innocent should get speedy and fair justice so that the right people are not under this act. The preventive measures or punishments given to the people who commit these types of activities by the Judiciary.
- The people who by mistake by brainwash and undue influence are involved is innocent but have caused the act due to bad influence should be provided rehabilitation under organisations to protect themselves and beware from these types of people and groups who take innocent people in their influence. So, these types of people should get help from the Government.
CONCLUSION: –
This Act is very much important to understand and have it value where it needs to be implemented more and provide more security as to protect the citizens if India.
There are many laws and reforms that are need to be made in order to have a secure country in order to protect it from the terrorism which is increasing in today’s era on National and International level. And to take preventive measures we need these types of acts that provide firm rules and regulations. Also, it needs changes that protect the innocent not make them guilty. Both the interpretation and rectification are there to let one understand how its important in both ways to deal and be enforced in our country.
Author(s) Name: Devika Pandey (Sinhgad Law College , Savitribai Phule Pune University)
References:
[1] https: https://www.mha.gov.in/sites/default/files/A1967-37.pdf//en.wikipedia.org/wiki/Unlawful_Activities_(Prevention)_Act
[2] Act No. 37 of 1967 of UAPA
[3] https://prsindia.org/billtrack/the-unlawful-activities-prevention-amendment-bill-2019
https://www.aljazeera.com/news/2021/8/16/india-uapa-terror-law-scrutiny
https://www.ohchr.org/sites/default/files/34_shambrosadvocatesandsolicitors2-cso-india-en-y.pdf
