UAPA
Unlawful Activities (Prevention) Act, 1967
- The Unlawful Activities (Prevention) Act (UAPA) is anti-terrorism law that was first introduced in 1967 to prevent unlawful activities associations in India.
- The act gives the police power to detain anyone engaging in unlawful activities like aiding and abetting terrorists, funding terrorists, inciting anti national feeling in the masses and other unlawful activities against the state.
- Offences under the Act shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life, and shall also be liable to fine.
- The Central Government amended the Act in 2019.
Unlawful Activities (Prevention) Amendment Act, 2019
- The amendment empowers the central government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
- Prior to this amendment, only organizations could be designated as terrorist organizations.
- The amendment allows the Director-General of the National Investigation Agency (NIA) to approve the seizure of property connected with terrorism.
- This removes the prior requirement for the investigating officer to obtain permission from the Director-General of Police (DGP) of the state.
- NIA officers of the rank of Inspector or higher are now authorized to investigate offenses under the UAPA.
- Previously, only officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above could do so.
Why in News?
- A tribunal under the Unlawful Activities (Prevention) Act has upheld the Union Home Ministry’s decision to declare two radical organisations as “unlawful associations” under UAPA.
About UAPA Tribunals
- The UAPA provides for a tribunal to be constituted by the government for its bans to have long-term legal sanctity.
- Orders to declare an organisation as “unlawful” are issued by the Centre under the UAPA. A government order would not come into effect until the tribunal has confirmed it.
- However, in exceptional circumstances, the notification can come into effect immediately once the reasons for it are recorded in writing. The tribunal can endorse or reject it.
- The tribunal consists of only one person, who has to be a High Court judge.
- To make inquiries, the tribunal has the same powers as vested in a civil court under the Code of Civil Procedure, 1908.