Topic – Linkages between development and spread of extremism; Role of external state and non-state actors in creating challenges to internal security.
5) The ambiguous nature of Unlawful Activities Prevention Act,1967 (UAPA) gives unreasonable power to authorities. Examine. (250 words)
Why this question
UAPA and AFSPA are one of the controversial legislations which have been criticized on various fronts. Recently some activists were arrested under UAPA. The move was highly criticized and so were the provisions of UAPA. It is therefore necessary to understand the controvesory and find out why UAPA gives unreasonable powers to the concerned authorities.
Examine- Here we have to probe deeper into the topic, get into details, and find out the causes or implications if any.
Key demand of the question.
The question wants us to dig deep into the provisions of UAPA, highlight its ambiguous nature and discuss why the law confers unreasonable powers on the authorities.
Structure of the answer
Introduction– Write a few introductory lines about UAPA- e.g The Unlawful Activities (Prevention) Act, 1967 is India’s anti-terrorism law. The UAPA, along with the National Security Act, 1980, are the two swords of the law that are used to combat terrorism.
Discuss the ambiguous nature of the provisions of UAPA and how they give unreasonable power to the authorities.
E.g the terms terrorist activities and unlawful activities are vaguely and broadly defined and the provisions can be used not only against criminals and terrorists but also against the academicians, journalists, lawyers etc.; No definition of membership of an unlawful or terrorist organization which gives scope of flimsy grounds of booking under the act ( briefly discuss the Arup Bhuyan case here); extended detention periods; no anticipatory bail; no bail if prima facie evidence is available etc.
Conclusion– Based on your discussion, form a fair and a balanced conclusion on the given issue.