Syllabus: GS2/ Polity and Governance
Context
- The Delhi police opposed the bail pleas of activists who are accused in the 2020 north-east Delhi riots case.
What is Unlawful Activities Prevention Act (UAPA)?
- The UAPA gives powers to the government to probe and prosecute people for acts of terrorism, and to designate an organization as an “unlawful association” or a “terrorist organization”, or an individual as a “terrorist”.
- It was enacted on the recommendation of the National Integration Council, set up in 1961 to find ways to counter problems that were dividing the country.
- However, in its original form, the Act largely dealt with secessionist activities, with no explicit mention of terrorism.
| Amendments of the Act – In 2004, the Act was amended for the first time, with “and for dealing with terrorist activities” added to its title. – After the 26/11 Mumbai attacks in 2008, another set of amendments broadened the definition of terrorism in the Act, and introduced longer incarceration and more stringent bail conditions. – In 2012, the UAPA was amended to include “economic security” of the country in the ambit of terrorism. 1. Under this, the statute went on to designate production, smuggling and distribution of counterfeit Indian currency as a terrorist act. – The 2019 amendment gave the government the powers to designate an individual as a terrorist. Until then, only organizations could be designated as “terrorist”. 1. This was criticized as overturning the founding principle of the criminal justice system that presumes innocence until proven guilty for every suspect. |
Concerns associated with the UAPA Act
- Stringent Bail Provisions: The UAPA restricts a judge from granting bail if, after reviewing police reports, there are “reasonable grounds for believing that the accusation is prima facie true.”
- This provision introduces elements of criminal trial into the bail stage, which contradicts the principle of presumption of innocence.
- Extended Detention: The UAPA allows prolonged detention without formal charges, extending the period of pre-trial incarceration.
- This conflicts with Article 21 of the Constitution, which guarantees the right to life and personal liberty.
- Vagueness in Definition: The definition of “unlawful activity” and “terrorist act” under UAPA is broad and ambiguous, leading to potential misuse.
- Freedom of Expression: UAPA has been invoked against activists, journalists, and students, raising concerns about stifling dissent.
- This could be seen as a violation of Article 19, which guarantees freedom of speech and expression.
- Highly Discretionary: It confers upon the government broad discretionary powers and also authorizes the creation of special courts with the ability to use secret witnesses and to hold closed-door hearings.
Way Ahead
- Legal Reforms: Amendment to the UAPA is needed to ensure clearer definitions of offences and reduce the harsh bail restrictions.
- Judicial Oversight: There is a need to establish mechanisms for periodic judicial review to prevent misuse.
- Safeguard Freedom of Expression: Introduce guidelines to prevent the misuse of the law against dissenting voices.
Concluding remarks
- While the UAPA serves a critical role in safeguarding national security, its stringent provisions raise significant concerns about civil liberties and due process.
- A balanced approach through reforms and judicial safeguards is essential to uphold constitutional values while addressing security threats effectively.
Source:TH
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