What is the Validity of Unlawful Activities (Prevention) Act?
Keywords: Unlawful Activities, Terrorist, Detention, UAPA
Validity of UAPA is Not Restricted Only to Terrorist Activities.
AUTHOR: SIMRAN SINGH CHANDEL
What are Unlawful Activities?
The phrase ‘unlawful’ in the legal sense refers to any action or movement that is banned or is not permitted by law; whether civil or criminal. While the term ‘activity’ refers to any form of action or movement made for any specific purpose. As a result, illicit acts are those activities that are not permitted by the rules or laws of the land. These behaviours are also known as or recognised as defiance of the law. All types of unlawful activities have specific sanctions. When proven guilty, engaging in such conduct makes a person liable in the eyes of the law.
Background
C.N. Annadurai, the founder of the Dravida Munnetra Kazhagam (DMK), is the political party’s founder. He was also the former Chief Minister of Tamil Nadu and renamed Madras as Tamil Nadu. In a speech to the Rajya Sabha in 1962, C.N. Annadurai suggested an independent Tamil republic. However, due to the Indo-China war in the same year, he backed out of his proposal.
The Indian Central Government was under enormous strain both within and abroad, as China’s aggression continued and C.N. Annadurai proposed an independent Tamil republic. The country was in a state of panic.
The Central Government felt that Article 352 of the Constitution of India, 1949, would be sufficient to deal with the external aggression of the Indo-China war. However, in order to deal with the domestic issue, citizens’ freedom must be limited. As a result, the Unlawful Activities Prevention Act, 1967 (UAPA) was enacted and put into effect before the emergency ended.
Introduction to Unlawful Activities Prevention Act, 1967 (UAPA)
When the National Integration Council established a committee for national integration and regionalization in 1967; the Unlawful Activities Prevention Act (UAPA) was passed. The 16th Amendment Act was passed on the proposal of the National Integration Council. To control and manage the country’s domestic problems, acceptable restrictions on people’s fundamental rights must be applied. The 16th Amendment was enacted to achieve this goal, and it established reasonable restrictions on the three fundamental rights of the inhabitants of the country. First and foremost, appropriate constraints were placed on Freedom of Speech and Expression. Followed by the Right to Assemble Peacefully, and finally, the Right to Form Associations and Unions.
The Unlawful Activities Prevention Act of 1967 (UAPA) is an anti-terror statute, and the National Investigation Agency(NIA) is in charge of enforcing it. India’s major counter-terrorism agency is the NIA.
The 1967 Unlawful Activities Prevention Act (UAPA) is primarily concerned with illegal activities. Any action conducted by an individual or organisation with the goal to bring about cession or separation, or to disturb or question India’s sovereignty or territorial integrity, is considered illegal.
Amendment to the 1967 Unlawful Activities Prevention Act (UAPA) (2004)
The Unlawful Activities Prevention Act of 1967 (UAPA) was revised in 2004. By amending the law in 2004, the parliament created separate chapters to punish terrorist conduct. Because the Prevention of Terrorism Act (POTA) was repealed in 2004, this amendment was introduced in 2004 and not before. After the Prevention of Terrorism Act (POTA) was repealed, there remained a void in the security system, thus these provisions were introduced to the Unlawful Activities Prevention Act, 1967, via amendment (UAPA). This is why the Unlawful Activities Prevention Act of 1967 (UAPA) is frequently referred to as POTA 2.0.
Addendum (2019)
When the amendment was on the edge of being passed in 2019, the opposition and civil liberties groups expressed a significant complaint. Claiming that there is a high risk of the government misusing the Act because it gives the government the ability to control, monitor, and curb any form of descent.
Who can commit terrorism? What was the key modification made in the 2004 amendment?
Terrorism can be perpetrated by anyone.
Terrorism can be perpetrated by anybody or any group, according to the document. This alteration was made in Chapter 6, Section 35, and Section 36 of the UAPA. According to this Act, the Central Government now has the authority to declare any individual or organisation a terrorist if it conducts or participates in a terrorist act, plans or supports terrorism, or is otherwise involved in terrorism, following a recent revision. This move was made because when a terrorist organisation is outlawed, its members create new terrorist organisations or operate alone.
Provisions for Detention
If someone is arrested under the Unlawful Activities Prevention Act of 1967 (UAPA), they can be held for up to 180 days (6 months) without having to file a charge sheet. This period can be prolonged for a longer time, but the individual does not have the right to bail for at least 180 days.
Section 167 of the Code of Criminal Procedure, 1973 (CrPC), allows for a maximum detention duration of 90 days (3 months) in such a case and stipulates that after 3 months, any individual’s Right to Bail will arise, and he cannot be kept for longer than that period.
However, if the investigation is incomplete, Section 43D of the UAPA; provides that any individual can be imprisoned for 180 days or more without filing a charge sheet, and the Right to Bail does not apply.
4th Schedule
The Unlawful Activities Prevention Act, 1967, was amended in 2019 to include the 4th Schedule (UAPA). This Act gives the government the authority to label or proclaims any individual a terrorist and place that person’s name in the 4th Schedule. There is no due process in the procedure of adding a person’s name to the 4th Schedule. Only one remedy is available: a 45-day appeal to the government to remove that person’s name from the 4th Schedule, for which a review committee will be formed with a retired or sitting judge as its chairman and three other members.
Cons of the 2019 Amendment to the 1967 Unlawful Activities Prevention Act (UAPA)
Because the accused do not have a right to bail, the arrested person will be held in jail for 180 days (6 months). Furthermore, the 180 days can be extended indefinitely.
If the individual seeks redress within 45 days, he must do so exclusively to the authority that proclaimed him a terrorist.
Conclusion
As a result, the Unlawful Activities Prevention Act of 1967 (UAPA) was introduced and enacted in 1967 to facilitate the application of these limitations. In the year 2004, one of the most important revisions to the statute was made. This Act takes away rights in order to provide security; yet, most government personnel abuse this right, giving the government an advantage. The Unlawful Activities (Prevention) Act of 1967 (UAPA) is the cornerstone of India’s counter-terrorism legislation. The UAPA was passed with the goal of limiting illegal activities. It captures the essence of the Preventive Detention Act, which was passed in 1969 but never implemented. The act has been amended multiple times throughout the years to broaden its scope.
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