UAPA stands for Unlawful Activities Prevention Amendment. It was passed on 30th December, 1967 but since then, it has gone through a number of amendments up until recently that is 2019.
A number of arrests have been made under this law. A total of 3,005 cases were registered in the country in 2016, 2017 and 2018. The person arrested under this law is termed as a terrorist but what is notable is that no definition of neither the words “terror” nor “terrorist” is mentioned in the law. Rather a “ terrorist act” is defined as any act committed with intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
The authority of designating a person as terrorist resides with the central government which is done through a notification in the official gazette. The person who is being booked under this law is not given an opportunity to be heard before such a designation.
But there are a few loop holes in this particular bill; usually an individual is innocent until proved guilty. But on the other hand, an individual who is convicted in a terror case is legally referred to as a terrorist, while those suspected of being involved in terrorist activities are referred to as terror accused. The bill also does not clarify the grounds of evidence one would need to establish if or not the person is guilty.
The central government has set up the review committee consisting of a chairperson (a retired or sitting judge of a High Court) and three other members. The review committee will be empowered to order the government to delete the name of the individual from the list of “terrorists”, if it were found to be flawed. The individual can also move to the court, challenging the government’s order.
To conduct the activities and procedure under UAPA, an Investigating officer is appointed who requires sanction from the Director General of National Investigation Agency (NIA).
UAPA is termed essential by the government to keep a check on terrorism. But it has few loop holes attracting criticism.
