Unlawful Activities (Prevention) Act, 1967

Designation of Organisations/individuals as ‘Terrorist Organizations’/ ‘Terrorist’ under the Unlawful Activities (Prevention) Act, 1967

Under India’s Zero Tolerance policy towards terrorism, The Central Government revised UAPA in August 2019 to add the provision of identifying an individual as a terrorist.
Before this change, only organisations could be labelled as terrorist groups.

About
- The UAPA became law in 1967.
- The Act, among other things, establishes unique procedures for dealing with terrorist acts.
- It empowers Parliament to impose reasonable restrictions on the;
  - Freedom of speech and expression.
  - Right to assemble peaceably and without arms.
  - Right to form associations or unions.
- In addition, this act is also referred to as the Anti-Terror Law.
- Section 15 of the UAPA defines “terrorist act,” which is punishable by imprisonment for at least five years and up to life.
- If the terrorist act results in death, the sentence is death or life imprisonment.
- Furthermore, the Act grants the central government absolute jurisdiction, and if the Centre considers an activity illegal, it may declare it such in an Official Gazette.

Firstly, the Act grants the central government absolute jurisdiction, and if the Centre considers an activity illegal, it may declare it such in an Official Gazette.
The opposition expressed concerns over the revisions, claiming they violated the country’s federal system as entrenched in the Indian Constitution.
Additionally, there were no pre-legislative hearings.
Designating someone as a terrorist poses major constitutional concerns and has the potential to be abused.
It violates the principle of “innocent until proven guilty” to label someone as a “terrorist” before they have been convicted in a court of law.
Furthermore, a mistaken designation harms a person’s reputation, career, and livelihood.

Overview
- The Unlawful Activities (Prevention) Amendment Act is the law in India meant to combat all forms of terrorism.
- Terrorism is a threat to India from secessionists in Kashmir, the northeast, and, to a lesser extent, Punjab.
- As well as left-wing extremist groups in central, east-central, and south-central India.
- In addition, India is one of the world’s most hit by terrorism.
- Jammu and Kashmir is the state most hit by terrorism in the country.
- According to the Global Terrorism Index 2019, India is the seventh most afflicted country by terrorism.
- Furthermore, following the terrorist attacks on Mumbai on November 26, 2001, the government established the National Investigative Agency (NIA).

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Content Source: PIB