What’s in today’s article?

• Why in news?
• What is the Unlawful Activities Prevention Act (UAPA), 1967?
• 2019 Amendment of UAPA
• What is Section 43D (5) of UAPA

Why in news?

• Recently, the Supreme Court denied bail to Gurwinder Singh, an accused in an alleged Khalistan module.
  • He has been accused of a being part of a larger conspiracy with Sikhs for Justice, a pro-Khalistan group banned by the Indian government.
• Courts have sometimes granted bail under the UAPA, despite its stricter bail conditions. They have interpreted Section 43D (5) to allow bail in exceptional cases.
• However, in most instances, courts still deny bail, even though some rulings have made it harder for the state to oppose bail.

The Unlawful Activities Prevention Act (UAPA), 1967

• About
  • Enacted in 1967, UAPA is the primary counter-terror law in India.
  • It was enacted to outlaw and penalise unlawful and terrorist activities, which pose a threat to the integrity and sovereignty of India.
  • These activities include:
    • Aiding and abetting terrorists
    • Funding terrorists
    • Inciting anti-national feeling in the masses
    • Other unlawful activities against the state
• Key provisions of UAPA
  • Wide ranging powers to Central Govt
    • It provides wide-ranging powers to the Central Government to designate organisations as terrorist organisations 
    • It also prescribes the penalties for taking part in the activities of such organisations.
  • Applicability
    • It is also applicable if the offences are committed outside India. Both Indian and foreign nationals can be charged.
  • Timeline
    • A charge sheet can be filed in maximum 180 days after the arrests.
    • The investigation has to be completed within 90 days.
    • If investigation is not completed with the stipulated time, the accused is eligible for default bail.
  • Special court
    • The act establishes a special court designated to conduct trials.
• Sanction to prosecute under UAPA
  • Section 45(1) of the UAPA says no court shall take cognizance of any offence under the Act without the previous sanction of the central or state government or any officer authorised by them.
  • Under Section 45(2), the sanction for prosecution has to be given within a prescribed time only after considering the report by the competent authority.

2019 Amendment of UAPA

• The original act was amended in the years 2004, 2008, 2013, and 2019 to increase its scope and ambit. 2019 amendment changed the following:
• Who may commit terrorism:
  • The amendment additionally empowers the government to designate individuals as terrorists on the same grounds.
• Approval for seizure of property by NIA:
  • The Amendment adds that if the investigation is conducted by an officer of the NIA, the approval of the Director General of NIA would be required for seizure of such property.
• Insertion to schedule of treaties
  • The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act.
  • The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).
  • The Amendment adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

Section 43D(5) of UAPA

• About
  • This provision deals with the granting of bail to the terror accused. The provision makes grant of bail virtually impossible under UAPA.
  • The test for denying bail under the UAPA is that the court must be satisfied that a “prima facie” case exists against the accused.
    • It says that someone accused of a crime under this Act can't get bail unless the Public Prosecutor has a chance to speak about it.
    • If the court looks at the case diary and believes there are good reasons to think the accusation is likely true, then the accused person cannot get bail.
    • The law states that if the court relies solely on the police's version, the accused must convince the court that it's not reasonable to believe the accusations are true at first sight.
    • By putting this burden on the accused, the fundamental idea in criminal law that a person is innocent until proven guilty is changed in the UAPA framework.
• Supreme Court on Section 43D (5) of UAPA
  • In the case of Zahoor Ahmed Shah Watali, the Supreme Court in 2019 confirmed that courts must accept the state’s case without examining its merits while granting bail.
    • In other words, it directed courts not to analyse evidence or circumstances but look at the totality of the case presented by the state while deciding on bail petition.
  • In Union of India v K A Najeeb, January 2021, SC upheld the grant of bail under UAPA when the accused had undergone incarceration for a significant period.
    • However, it recognised that bail under UAPA was an exception.
  • SC was of the view that the legislative policy against grant of bail would not hold ground if:
    • there is no likelihood of trial being completed within a reasonable time and
    • the period of incarceration already undergone has exceeded a substantial part of the prescribed sentence.
  • In this case, SC tried to ensure that provisions like Section 43D(5) of UAPA is not used as the sole metric for the denial of bail.
  • It incorporated the constitutional right to speedy trial as a ground for granting bail.
  • In July 2023, the Supreme Court, in the case of Vernon Gonsalves v State of Maharashtra, disagreed with the Watali ruling regarding how the "prima facie true" test should be applied.
    • The bench stated that the test wouldn't be satisfied unless there's some basic analysis of the evidence's value during the bail examination, and the quality of evidence convinces the court of its worth.
  • Since both the Watali and Gonsalves rulings came from benches with the same number of judges, it remains to be seen how future benches will use the test.
  • If there's significant disagreement between different two-judge benches, a larger bench will need to settle the law.

Q1) What is bail in law?

In law, bail is the temporary release of a person accused of a crime. It's a legal mechanism that balances the accused's right to freedom with the public interest.

 Q2) What is Nuclear Terrorism?

Nuclear terrorism refers to any person or persons detonating a nuclear weapon as an act of terrorism. Some definitions of nuclear terrorism include the sabotage of a nuclear facility and/or the detonation of a radiological device, colloquially termed a dirty bomb, but consensus is lacking.

Source: SC says jail, not bail, is the rule under the UAPA: How courts have been granting bail in UAPA cases | MHA | PRS India | Live Mint | Indian Express

What’s in Today’s Article?

• Why in the News?
• What is Nazool Land?
• Origin of Nazool Land
• How Does the Government Use Nazool Land?
• How Is Nazool Land Governed?
• What is Waqf Land?
• Legislative Framework for Waqf Land
• Is the Halwani Land Where the Demolition Drive Took Place Registered as Nazool Land?

Why in the News?

• Violence erupted in Uttarakhand’s Haldwani district on February 8 after the administration conducted a demolition drive at the site of a mosque and madrasa, allegedly on Nazool land.

What is Nazool Land?

• Nazool land is owned by the government but most often not directly administered as state property.
• The state generally allots such land to any entity on lease for a fixed period, generally between 15 and 99 years.
• In case the lease term is expiring, one can approach the authority to renew the lease by submitting a written application to the Revenue Department of the local development authority.
• The government is free to either renew the lease or cancel it — taking back Nazool land.
• In almost all major cities of India, Nazool land has been allotted to different entities for a variety of different purposes.

Origin of Nazool Land

• During British rule, kings and kingdoms which opposed the British frequently revolted against them, leading to several battles between them and the British Army.
• Upon defeating these kings in battle, the British would often take their land away from them.
• After India got Independence, the British vacated these lands.
• But with kings and royals often lacking proper documentation to prove prior ownership, these lands were marked as Nazool land — to be owned by the respective state governments.

How Does the Government Use Nazool Land?

• The government generally uses Nazool land for public purposes like building schools, hospitals, Gram Panchayat buildings, etc.
• Several cities in India have also seen large tracts of land denoted as Nazool land used for housing societies, generally on lease.

How Is Nazool Land Governed?

• While several states have brought in government orders for the purpose of framing rules for Nazool land, The Nazool Lands (Transfer) Rules, 1956 is the law mostly used for Nazool land adjudication.

What is Waqf land?

• While Nazool land belongs to the state, Waqf land constitutes properties permanently dedicated for religious, charitable, or pious purposes, as per Muslim law.
• These endowments play a vital role in supporting mosques, educational institutions, and welfare initiatives within the Muslim community.

Legislative Framework for Waqf Land

• The Waqf Act of 1995 governs the administration and supervision of Waqf properties in India.
• Establishing bodies such as the Central Waqf Council and State Waqf Boards, the Act outlines the powers and duties of trustees (mutawallis) and provides for the resolution of disputes through Waqf Tribunals.
• In 2022, the Supreme Court declined to entertain a petition challenging the constitutionality of the Waqf Act, emphasising that abstract challenges to laws are not tenable in court.
• Additionally, in a recent hearing, the Delhi High Court directed the Delhi Development Authority (DDA) to maintain the status quo regarding the disputed land where a mosque was demolished in Mehrauli.
• In this case the DDA has argued that the removal was in line with the Religious Committee's recommendations.
• The petition filed by the Delhi Waqf Board, has been scheduled to be heard on February 12, 2024.

Is the Halwani Land Where the Demolition Drive Took Place Registered as Nazool Land?

• As per the Haldwani district administration, the property where the two structures are situated is registered as the Nagar Nigam’s (Municipal Council’s) Nazool land.
• The administration says that for the last 15-20 days, a demolition drive has been underway in connection with Nagar Nigam properties to free roads from traffic congestion.
• A notice, issued on January 30, required the encroachment to be removed within three days or for ownership documents to be provided.
• On February 3, several locals visited the Nagar Nigam to discuss with our team.
• They submitted an application and requested time to appeal to the High Court, agreeing to abide by the court’s decision.
• However, Local councillor Shakeel Ahmad said that the HC had not made a final decision, and the matter was scheduled to be heard on February 14.

Q1) What do you mean by Hindu Code Bills?

The Hindu code bills were several laws passed in the 1950s that aimed to codify and reform Hindu personal law in India, abolishing religious law in favor of a common law code.

Q2) Who are called the Rohingya?

Rohingya, term commonly used to refer to a community of Muslims generally concentrated in Rakhine (Arakan) state in Myanmar (Burma), although they can also be found in other parts of the country as well as in refugee camps in neighbouring Bangladesh, India and other countries.

Source: Uttarakhand mosque, madrasa demolition: Understanding Nazul & Waqf lands | Indian Express

What’s in today’s article?

• Why in news?
• What is the PM SVANidhi Scheme?
• News Summary: The study

Why in news?

• A study looked at how the PM Street Vendor’s AtmaNirbhar Nidhi (PM SVANidhi), a loan scheme for street vendors, affected their income.
• It found that the first loan of ₹10,000 increased the yearly income of each beneficiary by ₹23,460.

The PM SVANidhi Scheme

• About
  • It was launched in 2020 amid the pandemic by the Ministry of Housing and Urban Affairs (MoHUA), Government of India.
  • It is a micro-credit facility that provides street vendors a collateral-free loan of Rs 10,000 with low rates of interest (below 12%) for a period of one year, aiding the vendors at getting back on their feet financially.
  • In the long term, it aims at -
    • Establishing a credit score for the vendors
    • Creating a digital record of their socio-economic status
  • This will enable street vendors to avail the Central government schemes later, formalise the informal sector of the economy and provide them safety nets and a means of availing loans in the future.
• Need for the Scheme
  • Many vendors belong to the informal economy, and often borrow from private lenders which charge them exorbitant rates of interest.
  • The COVID-19 pandemic and the nationwide lockdown left daily wage workers and street vendors out of work.
• Eligibility
  • All vendors who have been vending from or before (March 24, 2020) and with a certificate of vending can avail the loan.
  • As per the Street Vendors Act 2014, the Town Vending Committees (which comprises the local authorities and vendors from an area) issue a certificate of vending after a survey has been conducted of all the vendors.
• Performance of the scheme
  • Data on the PM-SVANidhi portal (February 10, 2024) showed that 60.65 lakh first-term loans, 16.95 lakh second-term loans and 2.43 lakh third-term loans have been disbursed so far under the scheme.

News Summary: The study

• About
  • The study was commissioned by the Union Ministry of Housing and Urban Affairs.
  • It was carried out between January and June 2023 by the Centre for Analytical Finance of the Indian School of Business (ISB).
  • The report will be used by the Ministry for its own assessment of PM SVANidhi and is not likely to be made public
• Findings
  • 94% of those beneficiaries who had availed the first loan of Rs 10,000 said they used it to make business investments.
    • It was 98% in case of those who had availed the second loan.
  • The first loan resulted in an additional income of 1,955 per month, or 23,460 in total during the loan’s one-year duration.
  • The study found 13.9% of all the loans disbursed had been classified as non-performing assets (NPAs), meaning no payments had been made for three months and more.
  • The study discovered that the debt-to-income (DTI) ratio of the beneficiaries was lower than what small businesses typically have.
    • This indicates that the vendors are considered highly creditworthy.
  • Additionally, the study revealed that even after the PM SVANidhi program started, there was not much improvement in street vendors accessing formal credit from other sources.
    • Only 9% of the beneficiaries had loans from other financial institutions.

Q1) What is debt-to-income (DTI) ratio?

A debt-to-income (DTI) ratio is a percentage that compares your total debt payments to your gross income. Lenders use this ratio to determine your creditworthiness and ability to repay loans.

Q2) What is micro-credit?

Microcredit is a type of microfinance that involves giving small loans to individuals or groups who lack access to formal banking systems. The loans are typically short-term, with a repayment period of 1-2 years.

Source: PM-SVANidhi boosted annual income of street vendors by Rs 23,000: Study | Ministry of Housing and Urban Affairs