Judgments POCSO

UAPA, 1967

In 1962, India was facing the ‘Sino-Indian’ war with China and in the meantime India was also facing internal aggression from the state of Tamil Nadu as the Chief Minister of that state ‘C.N Annadurai’ who was also the founder of ‘Dravida Munnetra Kazhagam’ i.e., a political party proposed his idea of having a separate Tamil country in the Rajya Sabha. Later he dropped his proposal due to Sino-Indian war between India and China. Looking at that situation, the central government of India decided to restrict the citizen’s freedom by enacting the Unlawful Activity Prevention Act, 1967 (UAPA). 

The UAPA was enacted in 1967 by a committee formed by the National Integration Council. This committee was formed for the purpose of national integration and regionalization and on its recommendation the central government introduced the 16th Amendment Act. 

According to the central government of India to prevent domestic crises it is important to restrict certain fundamental rights of the citizen which is why the central government imposed reasonable restrictions upon three fundamental rights by the 16th Amendment Act. Those three fundamental rights were; 

  • Freedom of Speech and Expression (Article 19 (1) (a) of the Indian Constitution). 
  • Right to Assemble Peaceably (Article 19 (1) (b) of the Indian Constitution). 
  • Right to form Associations & Unions (Article 19 (1) (c) of the Indian Constitution). 

Before the enactment of UAPA, 1967 there were various security laws applicable in India like; Prevention and Detention Act, Armed Force Special Power Act and after UAPA enactment there was Maintenance of Internal Security Act, National Security Act etc. 

 AMENDMENT UNDER UAPA, 1967: The UAPA, 1967 has been amended in the year 1969, 1972, 1986, 2004, 2008, 2012 and recently it has been amended in the year 2019. 

In 2004 the government repealed the Prevention of Terrorist Act (POTA) with the UAPA 2004 amendment. This 2004 amendment introduced various anti-terror provisions under UAPA such as; 

  • It includes the definition of ‘Terrorist Act’ and ‘Terrorist organisation’ into the definition of unlawful activities. 
  • Introduced chapter IV, V, VI that deals with punishment for terrorist activity, forfeiture of proceeds of terrorism and terrorist organization respectively. 

 Recently, the government has passed the UAPA 2019 amendment bill which faced a huge criticism because of its proposed provisions. Followings were the amended provisions; 

  • Before the 2019 amendment the government designated the organizations as a terrorist organization but after the amendment the government can designate the individual as well as the organization as a terrorist. This amendment was introduced because it was observed that whenever any terrorist organization was banned the members who were involved in such organization either form a new organization or they work individually. 
  • This amendment has further defined the ‘Terrorist Act’ which was earlier included under the definition of unlawful activity (2004 amendment). But in this 2019 amendment it has been defined as ‘any act which is committed with an intention to threaten or likely to threaten the unity, integrity, security (internal & economical) and the sovereignty of the India’ or ‘any activity conducted in order to struck terror or likely to strike terror on the people of India’ then such acts were considered as terrorist act. 
  • This amendment introduces the detention provisions which states that a person can be detained for 180 days without the filing of any charge sheet and this may extend further and there will be no provisions as right to bail for the detainee. 
  • This amendment empowers the NIA of rank of inspector or above to investigate the case. 
  • This bill also includes the IVth Schedule to act which provides power to the government to mention any person named as a terrorist under the IVth schedule. The person can appeal to the government within 45 days to remove his name from such a list which will be further reviewed by the review committee. 

 All these amendments resulted in increasing the scope of UAPA, 1967 in the matters of unlawful activities & terrorist acts. 

Notable arrests after this amendment bill include names like; Akhil Gogoi, Masrat Zahra, Umar Khalid and few others. 

This Unlawful Activity Prevention Act, 1967 was formed to regulate or prevent any form of unlawful activity in the country. Although the main objective behind this act was to prevent unlawful activity, it has now become the matter of civil rights as the recent 2019 amendment bill includes certain provisions which were very debatable. A/c to the government the laws need to be very strict that’s why they introduce such provisions but on the other side the civil liberty and oppositions were stating that such laws will be misused in the future by the government as it completely gives power and control in the government hands. 

UAPA, 1967 

  • Unlawful AssociationWhat Is- Under UAPA.  
  • Terrorist ActWhat Is- Under UAPA.
  • Unlawful Association U/S-3 To S-10, S-11 & S-41 Of The UAPA, 1967-  
  • Unlawful Activity U/S-2(o) & S-13 Of The UAPA, 1967-  

 UAPA, 1967 

  • S-2(o) & S-13 UAPA, 1967- Proceeds Of Terrorism- Forfeiture Of Proceeds Of Terrorism- U/S-2(g) & S-34 Of The UAPA, 1967-  
  • S-2(o) & S-13 UAPA, 1967- Unlawful Activity 
  • S-3 To S-10, S-11 & S-41 UAPA, 1967- Unlawful Association- 
  • S-15 UAPA, 1967- Terrorist Act-  
  • S-16 UAPA, 1967- Punishment For Terrorist Act-   
  • S-22A UAPA, 1967- Offences by companies.  
  • S-2(e), S-25, S-31A & S-43A UAPA, 1967- Designated Authority. 

National Investigation Agency Act, 2008 [NIA Act,2008]  

  • S-21(4) NIA Act,2008- Appeal 

NIA Act, 2008  

  • S-21 NIA Act- Revisional Jurisdiction. 

 

Related Links 

  • Bare Acts- Statutes. 
  • Judgments Supreme Court Of India & Judgments High Courts Of Indian States.  

 

Kindly CLICK HERE, call our helpline at (+91) 98-712-712-05, or e-mail us at hellocounsel@gmail.com if you wish to talk to a lawyer or are facing any other Legal Issue and want to have Legal Consultations with the empaneled Lawyers at Hello Counsel.

Need A Lawyer? We Can Get You One.

Fill This Form If You Wish To Hire A Lawyer
Know More

Find A Lawyer

Fill This Form If You Wish To Retain A Lawyer
Know More

Retain A Lawyer

Like us? Leave us a review.