Unlawful Activities (Prevention) Act
The Unlawful Activities (Prevention) Act (UAPA) is an Indian law aimed at the prevention of unlawful activities and terrorist activities. It was originally passed in 1967, and has been amended several times, most notably in 2004, 2008, 2012, and 2019. The Act grants special powers to the state to deal with activities directed against the integrity and sovereignty of India.
Key Provisions:
The UAPA broadly defines "unlawful activity" and provides measures to deal with individuals and organizations engaged in such activities. Some of the key provisions include:
- Definition of Unlawful Activity: The Act defines "unlawful activity" as any action by an individual or association that is intended to disrupt the sovereignty and integrity of India; that causes or is intended to cause disaffection against India; or that is intended to threaten or disrupt the harmony among different religious, racial, language or regional groups or castes or communities.
- Declaration of an Association as Unlawful: The Central Government can declare an association as unlawful if it believes that the association is involved in unlawful activities. Once an association is declared unlawful, its assets can be seized, and its members can be prosecuted.
- Powers of Investigation and Prosecution: The Act gives extensive powers to the police for investigation, arrest, and detention. It allows for longer periods of pre-charge detention than ordinary criminal law. It also makes it more difficult to obtain bail.
- Terrorist Act Definition: The 2004 amendment expanded the definition of "terrorist act" to align with international conventions. It includes acts intended to threaten the unity, integrity, security, or sovereignty of India, or to strike terror in the people or any section of the people.
- Individual Designation as Terrorist: The 2019 amendment allows the Central Government to designate individuals as terrorists if they commit or participate in acts of terrorism, prepare for terrorism, promote terrorism, or are otherwise involved in terrorism. Previously, only organizations could be designated as terrorist groups.
Criticisms:
The UAPA has been subject to significant criticism from human rights organizations, legal scholars, and civil society groups. The main criticisms include:
- Vagueness and Ambiguity: Critics argue that the definitions of "unlawful activity" and "terrorist act" are vague and ambiguous, giving the state broad powers to criminalize dissent and peaceful protest.
- Due Process Concerns: The stringent bail provisions and extended periods of pre-charge detention raise concerns about due process and the presumption of innocence.
- Potential for Misuse: There are concerns that the Act can be misused to target political opponents, minorities, and human rights defenders.
- Impact on Freedom of Expression: The broad scope of the Act can have a chilling effect on freedom of expression and association.
Amendments:
The UAPA has been amended several times, each time expanding the scope of the law and enhancing the powers of the state. These amendments have been met with increasing concern from civil liberties advocates.
Controversies:
The UAPA has been invoked in several high-profile cases, leading to significant public debate and controversy. The application of the Act in these cases has often been questioned on grounds of legality, proportionality, and fairness.