Unlawful Activities (Prevention) Amendment Act 2019

This hasty session of parliament marks many significant passages of the bills without being referred to a select committee one of them was the amendment in the UAPA 1967.

Unlawful Activities (Prevention) Act 1967 was enacted to provide for more effective efforts in preventing unlawful activities in the territory of India. It was enacted after the Indo- China war after which DMK has manifesto of secession from India.

This act provides power to designate any organization illegal based on their illegal act (Terrorism) which harms integrity of the country. This Act was amended many time to give teeth to the Act and make agency powerful.

Changes thereof

The amendment brings many changes in Act-

• Scope– It became wider as now the central government has the power to designate both persons and organizations as terrorists.
• Approval– Earlier to investigate and seizure of properties investigating officer has to take permission Director General of Police, Now if the investigation is carried by NIA prior permission was required only of  Director General of NIA.
• Investing Person– Prior to this amendment investigation is carried by the only officer of the rank of Deputy Superintendent or Assistant commissioner of police or above. Now the officer of NIA, of the rank of inspector or above has the investing authority.

Benefits

This brings many benefits for the security and integrity of the country, First, it increases the threat to terrorism and acts as deteance to the person indulge in illegal activities Second, by designating a person as a terrorist he has no option of establishing other organization after declaring his organization as a terrorist organization, it happens always when an organization declared illegal founder and member thereof establish new outfit and carry their illegal acts. Third, there are many lone wolfs which do not belong to any organization they remain out of its ambit. Fouth, Fast investigation and ease in operation due to permissions and all.

Concerns

Everything has its dark side, This amendment makes the central government very powerful. The government has absolute power to declare anyone terrorist, it makes the law draconian there is the possibility of misuse and target person speaking against and the freedom of the press is under attack journalist as they might under threat with Act, there is also chance of political misuse.

The most important point to be taken is that a person has the right to challenge the decision of government but here also the committee that will examine is selected by the central government.

No doubt this change is necessary for internal and external security of the country but its implementation and overpower of the central government is concern. To enforce it in good direction without targeting any individual unnecessarily there must be involvent of the judiciary there, the final call to label as terrorist must rest with judiciary and there must be proper appeal option given to the person concerned and all this must complete within the prescribed time by establishing a special court.

To prevent the misuse, law-keepers and enforcers are given the top positions in deciding so. The Supreme court should be the final authority. The committee that will look into the appeal should include judges, investigating officers, investigating agency and experts.

GUILTY MUST BE PUNISHED BUT NOT INNOCENTS.