Unlawful Activities Prevention Act, History, UAPA Provisions

The Unlawful Activities (Prevention) Act was first enacted in 1967 to address anti-national activities and secessionist movements in India. It was passed after the peasants' uprising in Naxalbari. Also known as India’s "Anti-terror law," it is an important legislation needed to maintain the internal security of India. The UAPA's main goal is to prevent unlawful activities threatening India's sovereignty and integrity. 

In its present form, the UAPA includes both associations and individuals to be declared unlawful and has provisions for punishment. Further, it has provisions to prevent the use of funds for terrorist purposes, including money laundering.

History of UAPA

On the recommendation of the Committee on National Integration appointed by the National Integration Council, the Constitution (Sixteenth Amendment) Act, 1963, was enacted. This CAA empowered the Parliament to impose reasonable restrictions on Article 19 (Freedom of speech and expression) for dealing with activities directed against the integrity and sovereignty of India. Consequently, UAPA was enacted in 1967.

• Provisions added by 2004 Amendments: The UAPA was not an anti-terror law until 2004 when the Parliament added Chapter IV (UAP Amendment Act, 2004) and brought terrorist acts under the purview of the UAPA, 1967.
  • Before 2004, terrorist activities were primarily dealt with under the now-repealed Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Prevention of Terrorism Act, 2002 (POTA).
  • After the Prevention of Terrorism Act (POTA), 2002, was repealed, the UAPA was expanded to include anti-terror provisions.
  • The amendments gave effect to various anti-terrorism resolutions of the United Nations Security Council.
• Provisions added by the 2008 Amendment: The central government was empowered to freeze, seize, or attach funds and other financial assets held by, on behalf of the individuals/entities listed in the schedule, or any other person suspected to be engaged in terrorism.
  • NIA was established to investigate the terror activities. 
• Provisions added by 2013 Amendment: These seek to bring the UAPA in line with various requirements of the Financial Action Task Force, to combat money laundering and terrorism financing.
• Provisions added by 2019 Amendment: The UAPA was amended in 2019 to add provisions for cyber-terrorism, terrorist financing, seizure of property, and designation of individuals as terrorists. 

Major Provisions of UAPA

The Unlawful Activities (Prevention) Act, 1967 has the following major provisions:

• Declaration of Unlawful Association: The central government has the power to declare an association “unlawful” if it indulges in any activity that includes acts and words, spoken or written, or any sign or representation, that supported any claim to bring about “the cession or secession of a part of the territory of India”, or which questions or disclaims the country’s sovereignty and territorial integrity. The ban on organisations can be extended to five years.
• Designation as a terrorist Organisation: Under the Act, the central government may designate an organisation as a terrorist organisation if it: 
  • commits or participates in acts of terrorism, 
  • prepares for terrorism, 
  • promotes terrorism, or 
  • is otherwise involved in terrorism.
• Definition of Terrorist acts: As per the 2004 amendment act, “Whoever does any act with intent to threaten or likely to threaten the unity, integrity, security (including economic security) or sovereignty of India or with intent to strike terror in the people or likely to strike terror in the people in India or any foreign country,” is defined in Section 15 of the UAPA as committing a “terrorist act.” 
  • The Act defines terrorist acts to include acts committed within the scope of any of the international treaties listed in a schedule to the Act. 
  • The Schedule lists international treaties such as including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention Against Taking of Hostages (1979). 
• Tribunal: The Central Government may constitute a tribunal called the “Unlawful Activities Prevention Tribunal” which consists of a High Court Judge, to ban an organisation involved in terrorist acts. 
• Extended Timelines:
  • instead of the usual 15 days, a remand order can be for 30 days,
  • the maximum period of judicial custody before the filing of a charge sheet can be up to 180 days instead of the usual 90 days.
• Stringent Bail provisions: Under the Act, bail cannot be granted to suspects if the court thinks that there are reasonable grounds to believe that the charges are prima facie true.
  • The onus on the accused: This means that the onus is on the accused to show that the case is false. Some human rights defenders feel that it is virtually impossible for anyone to obtain bail until the completion of the trial.
• Punishment: The UAPA provides for the following punishments for terrorist activities:
  • Death penalty or life imprisonment: If the activity results in death.
  • 5–10 years in jail and a fine: For any other terrorist activity, such as organising a terrorist camp, conspiracy, or recruiting for terrorist activities.
  • At least 5 years in jail and a fine: For any act "preparatory to the commission of a terrorist act.
• Investigating agency: The National Investigation Agency (NIA) has the power to investigate the cases under the UAPA. 
  • The NIA was established in 2008 as a statutory body under the NIA Act. Before the National Investigation Agency (NIA) was formed, state investigating agencies and the CBI used to investigate terror-related cases.

The Unlawful Activities (Prevention) Amendment Act, 2019

The major changes added by the amendment are as follows:

• Power to Designate Individuals as Terrorists: The amendment allows the Union Government to designate individuals as terrorists without following a formal judicial process. This is a significant change from before when only organisations could be designated as terrorists.
• Approval for the Seizure of property by NIA: In addition to the Director General of Police, the approval of the Director General of NIA (if the investigation is conducted by the National Investigation Agency) is required for the seizure of properties connected with terrorism.
• Investigation by NIA: Under the 1967 Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. The amendment additionally empowers the NIA officers of the rank of Inspector or above to investigate cases.
• Insertion to schedule of treaties: The amendment adds another treaty to the schedule - the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

Limitations of UAPA

In recent years, the Unlawful Activities Prevention Act (UAPA) has been the subject of intense scrutiny and debate due to the perception of misuse of the Act. The following are the major limitations of UAPA:

• Broad definitions: The definitions of "unlawful activity" and "terrorist act" are broad and may be prone to subjectivity.
  • For example, between 2010 and 2023, 16 journalists have been charged under UAPA in India.
• Low conviction rate: According to the 2019 Crime in India Report compiled by the National Crime Records Bureau (NCRB), only 2.2% of cases registered under the UAPA between 2016 and 2019 ended in convictions by the court.
  • The high rate of acquittal (97.8% between 2010 and 2023) showed that prosecution under UAPA lacks merit in the huge majority of cases.
• Restrictions on bail: The UAPA also allows for the detention of suspects without charge or trial for up to 180 days, and the denial of bail to the accused unless the court is satisfied that they are not guilty.
  • The USA permits a custody period of 7 days and Australia 24 hours to investigative agencies to demonstrate their case for prolonged incarceration.
• Lack of procedural safeguards: UAPA does not provide adequate procedural safeguards against misuse of powers. This makes the judicial review difficult.
  • The government is not required to provide grounds for arrest or detention, which enables legal challenge.
  • The government is also not required to disclose evidence on which the terrorist designation of individuals/groups is based.

UAPA UPSC PYQs

Question 1. The Indian government has recently strengthened the anti-terrorism laws by amending the Unlawful Activities (Prevention) Act (UAPA), 1967, and the NIA Act. Analyse the changes in the context of the prevailing security environment while discussing the scope and reasons for opposing the UAPA by human rights organisations. (UPSC Mains 2019)

UAPA FAQs

Q1. What is the UAPA?

Ans. The UAPA was first enacted in 1967 to prevent anti-national activities and secessionist movements. The UAPA aims to prevent unlawful activities by individuals and associations, including actions that disrupt India's sovereignty and territorial integrity, or cause discontent against India. The UAPA also has special procedures for dealing with terrorist activities.

Q2. Who investigates offences under the UAPA?

Ans. The National Investigation Agency (NIA) has the power to investigate and prosecute cases under the UAPA. A special tribunal constituted by the Central Government has exclusive jurisdiction to try offences under the UAPA.

Q3. Is UAPA non-bailable?

Ans. The UAPA Amendment Act, 2008 introduced Section 43D(5), which empowered the court to deny bail to the accused if it is of view that there are reasonable grounds to believe that the case against the accused is prima facie true.

Q4. What is the scope of UAPA?

Ans. UAPA has the provision for the death penalty and life imprisonment as the highest punishments. The act assigns absolute power to the central government, by way of which if the central government deems an activity as unlawful then it may, by way of an Official Gazette, declare it as an ‘unlawful activity’.