The Indian Government has placed a five-year ban on the Popular Front of India (PFI) and its affiliates, citing links with terrorist activities. The ban was enacted under the Unlawful Activities (Prevention) Act of 1967. This article will explore the reasoning behind the ban, the history of PFI, and the details of the Unlawful Activities (Prevention) Act.
The Popular Front of India: An Overview
Formed in 2007, PFI is a collective amalgamation of three Muslim organisations from South India: the National Democratic Front in Kerala, the Karnataka Forum for Dignity, and the Manitha Neethi Pasarai in Tamil Nadu. The official formation was announced at the “Empower India Conference” held in Bengaluru on February 16, 2007.
Why Did the Government Ban the Popular Front of India?
The Ministry of Home Affairs declared PFI as an “unlawful association,” including its associates such as Rehab India Foundation (RIF), Campus Front of India (CFI), All India Imams Council (AIIC), National Confederation of Human Rights Organisation (NCHRO), National Women’s Front, Junior Front, Empower India Foundation, and Rehab Foundation, Kerala.
The primary reason for this action was alleged linkages to terrorist organizations. The government maintains that some founding members of PFI were leaders of the Students Islamic Movement of India (SIMI) and had connections with Jamaat-ul-Mujahideen Bangladesh (JMB). Both organisations are proscribed. The ban followed numerous instances of PFI’s associations with global terrorist groups like the Islamic State of Iraq and Syria (ISIS).
The Unlawful Activities (Prevention) Act Explained
The UAPA was initially enacted in 1967 and later amended in 2004 and 2008 to serve as an anti-terror law. In August 2019, the bill further evolved with Parliament clearing the Unlawful Activities (Prevention) Amendment Bill, 2019. The updated bill permits designating individuals as terrorists based on certain stipulations provided within the Act.
The Act allows authorities to sidestep standard legal procedures to tackle terrorist activities effectively, thus imposing limitations on constitutional protections available to the accused.
Understanding the Provisions of UAPA
The most notable sections of the UAPA include Section 7, which gives the government the power to “prohibit use of funds” by an “unlawful association.” It empowers law enforcement agencies to search premises of such organisations and scrutinize their financial operations.
Section 8 of the UAPA authorizes the Centre to notify any place used for unlawful activities. Section 10 criminalises membership of a banned organisation and prescribes punishments ranging from a minimum of two years imprisonment to life imprisonment or death in extreme circumstances.
The UAPA Tribunal
The UAPA mandates a tribunal under a High Court judge to ensure the legal sanctity of imposed bans. This tribunal has the power to regulate its procedure, including deciding the venue for its proceedings.
The tribunal operates with powers similar to a civil court under the Code of Civil Procedure, 1908. It can conduct inquiries and validate or reject government orders related to the banning of organizations. Government orders are deemed to take effect only after the tribunal confirms them and publishes the decision in the Official Gazette.
The Indian government has sharpened anti-terrorism laws by amending the Unlawful Activities (Prevention) Act, (UAPA), 1967, and the NIA Act. These changes reflect the prevailing security environment while considering objections raised by human rights organisations regarding the scope of UAPA.