Consider the following statements regarding the Unlawful Activities Pr...
The Supreme Court of India recently ruled that mere membership in an unlawful association is sufficient to constitute an offense under the stringent provisions of the Unlawful Activities Prevention Act (UAPA), 1967.
About Unlawful Activities Prevention Act (UAPA):
- The UAPA was enacted in 1967.
- It lays down the definitions and rules for designating an organization as an "unlawful association" if it is engaged in certain types of activities.
- ‘Unlawful activity’ is defined as any action taken by an individual or association – through an act, words, spoken or written, or by signs or visible representation – which is intended to, or supports a claim to, bring about 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.
- It covers activities which disclaim, question, disrupt or are intended to disrupt the sovereignty and territorial integrity of India, and which cause or intend to cause disaffection against India.
- In 2004, the UAPA was amended, and 'terrorist activities' were brought within its fold, under which 34 outfits, including the Lashkar-e-Taiba and the Jaish-e-Mohammad, were banned.
- Under the Act, the central government may designate an organization as a terrorist organization if it:
- commits or participates in acts of terrorism;
- prepares for terrorism;
- promotes terrorism;
- is otherwise involved in terrorism;
- The 2019 Amendment gave the Home Ministry the power to designate individuals as terrorists.
- The Act extends to the whole of India.
- It also applies to citizens of India who are abroad, persons in service of the Indian government, and persons on ships and aircraft registered in India.
Hence both statements are correct.
Consider the following statements regarding the Unlawful Activities Pr...
The correct answer is option 'C' - Both 1 and 2.
Explanation:
1. Designation of Individuals as Terrorists:
The Unlawful Activities Prevention Act (UAPA) empowers the Central Government to designate individuals as terrorists. This provision is aimed at preventing unlawful activities and countering terrorism. The government can designate an individual as a terrorist if it believes that the person is involved in terrorist activities or supports terrorism in any way. This designation allows the government to take certain actions against the individual, such as freezing their assets, restricting their movements, and conducting investigations.
2. Applicability to Citizens Abroad and Persons on Ships and Aircraft:
The UAPA applies not only to individuals within the territory of India but also to citizens of India who are abroad and persons on ships and aircraft registered in India. This means that if an Indian citizen or a person on an Indian registered ship or aircraft is found to be involved in unlawful activities or terrorism, they can be prosecuted under the UAPA. This provision enables the Indian government to take legal action against its citizens who engage in terrorist activities abroad or use Indian registered ships or aircraft for unlawful purposes.
Significance:
The inclusion of these provisions in the UAPA strengthens the government's ability to combat terrorism and prevent unlawful activities. By designating individuals as terrorists, the government can take swift action against them, ensuring that they are unable to carry out further terrorist activities or provide support to terrorist organizations. Additionally, extending the applicability of the UAPA to citizens abroad and persons on ships and aircraft registered in India ensures that the law covers a wider range of individuals who may be involved in unlawful activities or terrorism.
Overall, the UAPA plays a crucial role in preventing and countering terrorism in India. The ability to designate individuals as terrorists and the broad applicability of the law ensure that the government can effectively combat terrorism and protect the nation's security.