UAPA Bill, 2019

UAPA stands for unlawful activities prevention amendment bill was introduced by our Home Minister; Mr. Amit Shah and it has recently been passed by Lok Sabha on 6th of June 2019 and then again by Rajya sabha on 2nd of August 2019 with 147 votes in favour and 42 in against. Before moving further one should know that what is unlawful activity and what does this bill states about.

So, in general term unlawful activity means not authorized by law or which is illegal or which is forbidden by law. But in UAP Act the term ‘unlawful activity’ has been defined under sec 2(o) which states that-

“unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),—

(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or

(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or

(iii) which causes or is intended to cause disaffection against India;

The Unlawful Activities (Prevention) Act, 1967 enables prevention of certain unlawful activities of individuals and associations and for dealing with terrorist activities, and other related matters. It is applicable across the entire country. Any Indian or foreign national charged under UAPA is liable for punishment under this Act, irrespective of the location of crime / offence committed. UAPA will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.

The Constitution (16th Amendment) Act, 1963, has empowered Parliament to impose reasonable restrictions in the interests of sovereignty and integrity of India, on the; Freedom of Speech and Expression, Right to Form Associations or Unions, Right to Assemble peaceably and without arms.

Under this act Central government is empowered to designate an organisation as a terrorist organisation if it commits or participates in act of terrorism or prepares for terrorism or either promote or involved in terrorism. Currently only organisations are designated as ‘terrorist organisations’ but after the change in the UAPA, 1967 an individual can also be termed a terror suspect. Now this bill empowers the government to designate individuals as terrorist.

Home Minister Amit Shah brought this bill in limelight by adding a statement that this provision to designate a person suspected to have terror links as terrorist to root out terror. Inspite of India other countries like China, Pakistan,United states, Israel has a same procedure.

This Bill also transfers powers from state to centre. Before the 2019 amendment an investigating officer is required to obtain the prior consent of the Director General of Police to seize property which is connected with terrorism. But after 2019 amendment this bills add powers to central government and states that if investigation is supervised by an officer of the National Investigation Agency;NIA, approval of Director General of NIA would be required for the seizure of such property.

The central government now can declare any individual a terrorist if they are found committing, promoting, preparing or involved in any act of terror. The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the schedule supplemented to the UAPA Bill. The government is not required to give an individual an opportunity to be heard before such a designation which is clear cut violation of audi alteram partem (hear the other side as well).

An individual is innocent untill his guilty is proven but the Bill does not clarify the standard of proof required to establish that an individual is involved or is likely to be involved in terrorist activities.
The very idea of the UAPA and the decision to start naming people terrorists without securing a conviction from a court of law,  goes against the principles of natural justice. In the wake of these recent changes the leaders of opposition parties are concerned that government will misuse this law as we have seen in the case of Prevention of Terrorism Act (POTA). Once a person unilaterally declared as a terrorist by the government the burden is shifted to the individual to prove his innocence before the review committee.

Famous arrest under the The Unlawful Activities (Prevention) Act, 1967:-

1. Binayak Sen, a doctor and human rights activist. He was detained for allegedly supporting the outlawed Naxalites in may 2007.

2. Sudhir Dhawale, Dalit rights worker, arrested in 2018

3. Mahesh Raut, tribal rights worker, arrested in 2018

4. Varavara Rao, poet, arrested in 2018

5. Surendra Gadling, Dalit and tribal rights lawyer, arrested in 2018

6. Shoma Sen, professor, arrested in 2018

7. Sudha Bhardwa, tribal rights worker, arrested in 2018

8. Rona Wilson, research scholar, in 2018

9. Gautam Navlakha, journalist and member of PUDR, in 2018