UAPA Act
WHY IN NEWS ?
The Delhi Police has sealed the office of news portal NewsClick, by invoking the UAPA Act, alleging it received money for pro-China propaganda.
What is UAPA?
In order to protect India’s sovereignty and integrity, the Constitution (Sixteenth Amendment) Act, 1963 was passed, giving Parliament the authority to set reasonable restrictions on the-
- freedom of speech and expression;
- right to assemble peaceably and without arms; and
- right to form associations or unions.
Afterward, the Unlawful Activities (Prevention) Act (UAPA), 1967 was created to prevent organizations in India from engaging in unlawful activities.
Background of the UAPA Act
In the middle of the 1960s, the Union government was considering enacting strict legislation prohibiting demands for secession. A peasant rebellion in Naxalbari in March 1967 created a sense of urgency. To deal with it, the President issued the Unlawful Acts (Prevention) Ordinance in June 1966.
Extend of the UAPA of 1967
- The act extends to the whole of India.
- Anyone in our country who violates this Act’s provisions and is found to be responsible is subject to punishment under this Act.
- Any person who commits an offense outside of India that is punishable by this Act would be treated in accordance with its provisions in the same way as if the offense had been committed within India.
2019 Amendment Act:
- It allows the government to label people as terrorists if they commit or participate in terrorist acts, plan terrorist attacks, promote terrorism, or are otherwise involved in terrorism.
- The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
- The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.
Declaration of an Association as Unlawful
- As per UAPA, if the Central Government believes that a certain association is or has become an unlawful association, it may proclaim the association to be unlawful by publishing a notice in the Official Gazette.
- Each of these notifications must state the grounds for their issuance.
- No such notification shall take effect until the Tribunal has approved the declaration contained there .
Terrorist Organizations
- The Central Government may, by order, in the Official Gazette:
- add an organization to the Schedule;
- add also an organization to the Schedule, which is identified as a terrorist organization in a resolution adopted by the Security Council to combat international terrorism;
- remove an organization from the Schedule.
SOURCE – India Express
