Unlawful Activities (Prevention) Amendment Act | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

The Unlawful Activities (Prevention) Act (UAPA) is a law enacted to prevent and deal with terrorist activities and other unlawful activities associations in India. Its primary goal is to provide authorities with the power to tackle activities that threaten the sovereignty and integrity of India. The act also criminalizes support for secessionist movements or foreign claims to India's territory. It was originally formulated in 1967 and has since been amended twice, in 2008 and 2012, and is now being amended again.

Unlawful Activities (Prevention) Act (UAPA):

• The Unlawful Activities (Prevention) Act (UAPA) is a law designed to prevent and deal with activities that threaten the integrity and sovereignty of India. One of the primary objectives of the act is to provide authorities with the power to deal with terrorist activities and other unlawful activities associations in India effectively.
• The UAPA was first formulated in 1967 and has undergone two amendments since then, in 2008 and 2012. Currently, the act is being amended again. The law makes it a crime to support any secessionist movement or to support foreign claims to what India claims as its territory.

The law is contested for few draconian provisions

The Act has been criticized for its severe provisions. Its definition of terrorism is vague and can include non-violent political activities, including protests. It empowers the government to label an organization as terrorist and ban it, with mere membership of the group being a criminal offense. Detention without a chargesheet can last up to 180 days, and police custody can be up to 30 days. The Act makes it challenging to obtain bail, and anticipatory bail is not possible. It also presumes guilt for terrorism offenses based on allegedly seized evidence. The Act establishes special courts with broad powers to hold in-camera proceedings and use secret witnesses. However, it lacks a sunset clause or provisions for mandatory periodic review.

Unlawful Activities (Prevention) Amendment Bill, 2019

• The Unlawful Activities (Prevention) Act of 1967 is amended by the Unlawful Activities (Prevention) Amendment Bill, 2019. The Bill allows the central government to designate both organizations and individuals as terrorists if they participate, prepare for, promote, or are involved in terrorism.
• The Bill also requires approval from the Director General of the National Investigation Agency (NIA) for property seizure if the NIA conducts an investigation related to terrorism. Furthermore, the Bill empowers officers of the NIA ranked as Inspectors or above to investigate cases, in addition to officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or higher. 
• The Bill adds the International Convention for Suppression of Acts of Nuclear Terrorism (2005) to the list of nine treaties in the schedule of the Act that define terrorist acts.

Why is it being opposed?

• The proposed amendment has been met with opposition due to its potential to allow Union Ministry officials to label anyone as a terrorist without proper procedure. If a person is added to the "Fourth Schedule" under the Act, the only way to be removed is by applying to the Central Government for de-notification, which is considered by a Review Committee constituted by the Government. 
• The amendment does not provide any legal consequences for those designated as terrorists, meaning that inclusion in the Fourth Schedule will not lead to any criminal or civil penalties. This official designation could result in social boycott, job loss, media scrutiny, and attacks from vigilante groups, essentially creating a "civil death" for the individual.