INDEX:
REFERENCE WITH UPSC-CSE SYLLABUS
EXPECTED PRELIMS QUESTIONS
PREVIOUS YEARS MAINS QUESTIONS 2019
REFERENCE WITH UPSC-CSE SYLLABUS
General Studies-II
Government Policies and Interventions for Development in various sectors and Issues arising out of their Design and Implementation.
WHY IN NEWS
The Delhi High Court granted bail to three student activists, who were arrested under the rigorous Unlawful Activities (Prevention) Act (UAPA).
Terrorist activity cannot be largely defined to include ordinary penal offences the Court also said.
Various other people including Retired SC judges Gopala Gowda, Deepak Gupta, Aftab Alam & M.B. Lokur said definition of terror under UAPA and sedition vague, needs to be defined through judicial pronouncements.
BACKGROUND
Introduced in 1967, UAPA purpose was to target separatist organizations.
It is an anti-terror law which aimed at preventing certain unlawful activities of individuals and associations.
Investigation are done by the State police and the National Investigation Agency (NIA).
The investigating agency has up to 180 days to file a charge sheet so getting bail is very tough.
Background of Unlawful Activities (Prevention) Amendment Act
INTRODUCED IN LOK SABHA 8 JULY 2019
PASSED IN LOK SABHA JULY 24, 2019
PASSED IN RAJYA SABHA AUGUST 2, 2019
KEY POINTS
The union government may title an organization as a terrorist organization if it
Commits or participates in acts of terrorism,
prepares for terrorism,
promotes terrorism, or
is otherwise involved in terrorism.
Individuals as terrorists can be designated by the government on the same grounds.
Death penalty and life imprisonment the highest form of punishment under UAPA.
Both Indian and foreign nationals can be charged under UAPA.
Whether the act is performed in a foreign land or outside India the offenders will be charged in the same manner.
ARGUMENT IN FAVOUR
Designating an individual as a terrorist in line with international practices and to facilitate speedy investigation and prosecution of terrorist offences.
Preventing certain illegal acts of people and organizations especially related to terrorism can be prevented.
India’s integrity and sovereignty cannot be undermining at any cost so it gives power to state (government) to deal with illegal acts of people.
ARGUMENT AGAINST
Constitutional freedom to dissent, rule of law and fair trial is violated using this act.
National Crime Records Bureau (NCRB) shows that between 2016 and 2019, a total of 4,231 FIRs were filed under various sections of the UAPA, of which 112 cases have resulted in convictions.
Without any conclusive evidence and no opportunity to fair trial this law is violating our fundamental right to speech.
CHALLENGES
If the Centre believes an activity as unlawful then it may, by way of an Official Gazette, declare it so. This way innocent people can also be targeted.
Many opposition parties says No pre-legislative consultation were done which is against the federal structure of the country enshrined in the Constitution of India.
Misuse of the act is more as an individual can be designated terrorist. This has to be done in court of law but there are no such provision in this act.
An innocent person’s career livelihood and reputation will be damaged by this.
EXAMPLES OF FAILED APPLICATION OF UAPA
Delhi High Court calling out alleged misuse of the UAPA against individuals in cases that do not necessarily fall in the category of "terrorism" cases.
Earlier booked by Delhi Police under the UAPA anti-terror law, the Delhi High Court granted them bail ending the year-long detention of three student activists.
The court said “it seems, that in its anxiety to suppress dissent, in the mind of the State, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it would be a sad day for democracy”.
EXAMPLES OF SUCCESSFUL APPLICATION OF UAPA ?
From 2016-2019 only 2.2 % of cases registered under the UAPA ended in court conviction according to 2019 Crime in India Report compiled by the National Crime Records Bureau (NCRB).
This shows UAPA is eating up our fundamental rights.
RELEVANCE OF TOPIC RELATED TO POLITY
Due process of law is not followed if this act is used.
RELEVANCE OF TOPIC RELATED TO ETHICS
Liberty of an individual is compromised if this act is followed.
CONCLUSION
Terrorism is a very serious issue but in the name of terrorism an individual right to speech and liberty cannot be compromised.
Balance between security of nation and individual rights is the moral duty of the government.
Any law if not followed in letter and spirit is a threat not only to democracy but to whole humanity.
EXPECTED PRELIMS QUESTIONS
Q1. Consider the following statement regarding Unlawful Activities
Prevention Act
Investigation under UAPA is done by the CBI
10 years imprisonment is the highest form of punishment under UAPA.
Which of the following statement is correct?
a only
b only
Both a and b
Neither a nor b
SOLUTION
STATEMENT A is incorrect because Investigation are done by the State police and the National Investigation Agency(NIA).
STATEMENT B is incorrect because Death penalty and life imprisonment the highest form of punishment under UAPA.
Q2. Consider the following statement regarding Unlawful Activities Prevention Act
Which of the following statement is incorrect?
a only
b only
Both a and b
Neither a nor b
SOLUTION
STATEMENT A is incorrect because Both Indian and foreign nationals can be charged under UAPA.
STATEMENT B is incorrect because whether the act is performed in a foreign land or outside India the offenders will be charged in the same manner.
Q3. Consider the following statement regarding Unlawful Activities
Prevention Act
Which of the following statement is incorrect?
a only
b only
Both a and b
Neither a nor b
SOLUTION
STATEMENT A is correct because it is an anti-terror law which aimed at preventing certain unlawful activities of individuals and associations.
STATEMENT B is incorrect because Introduced in 1967, UAPA purpose was to target separatist organizations.
PREVIOUS YEARS MAINS QUESTIONS 2019 GENERAL STUDIES 3
Q. Indian government has recently strengthened the anti-terrorism laws by amending the unlawful activities (Prevention) act (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing the scope and reasons for opposing the UAPA by human rights organizations. (Answer in 250 words)
Sources used:
The Hindu,The Indian Express, British Broadcasting Corporation News, Press Trust of India, Business Standard, The Economic Times