GS Paper 3
Topics Covered: Role of external state and non-state actors in creating challenges to internal security.
A ban under the stringent Unlawful Activities (Prevention) Act may be imposed on both factions of the secessionist conglomerate Hurriyat Conference which has been spearheading the separatist movement in Jammu & Kashmir for over two decades.
- The proposal was mooted in accordance with the Union government’s policy of zero tolerance against terrorism.
Who can impose restrictions?
The factions of the Hurriyat are likely to be banned under Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA), under which “if the Central government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful.”
About the Unlawful Activities (Prevention) Act:
Passed in 1967, the law aims at effective prevention of unlawful activities associations in India.
The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
- It has death penalty and life imprisonment as highest punishments.
Under UAPA, both Indian and foreign nationals can be charged.
- It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
- Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.
As per amendments of 2019:
- The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
- The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.
- It also included the provision of designating an individual as a terrorist.
In June 2021, delivering a judgment defining the contours of the otherwise “vague” Section 15 of the Unlawful Activities (Prevention) Act, 1967, (UAPA), the Delhi High Court laid down some important principles upon the imposition of Section 15, 17 & 18 of the Act.
Sections 15, 17 and 18 of UAPA:
- S. 15 engrafts the offence of ‘terrorist act’.
- S. 17 lays-down the punishment for raising funds for committing a terrorist act.
- S. 18 engrafts the offence of ‘punishment for conspiracy etc. to commit a terrorist act or any act preparatory to commit a terrorist act’.
Key observations made by the court:
- “Terrorist Act” Should not be used lightly so as to trivialise them.
- Terrorist activity is that which travels beyond the capacity of law enforcement agencies to deal with under ordinary penal law (Supreme Court’s decision in the case of Hitendra Vishnu Thakur).
Do you know about the United Nations Convention against Transnational Organized Crime, which is the main international instrument in the fight against transnational organized crime? Reference: https://www.unodc.org/unodc/en/organized-crime/intro/UNTOC.html.
- Definition of unlawful activity.
- Powers of Centre under the act.
- Is judicial review applicable in such cases?
- Changes brought about by amendments in 2004 and 2019.
- Can foreign nationals be charged under the act?
Do you agree that the Unlawful Activities (Prevention) Amendment Act could prove catastrophic for fundamental rights? Is sacrificing liberty for national security justified? Discuss and provide for your opinion.
Sources: the Hindu.