The Indian Lok Sabha has recently passed the Unlawful Activities (Prevention) Amendment Bill, 2019. This amendment seeks to modify the Unlawful Activities (Prevention) Act, 1967 to better address and combat terrorism in India. The key features of this new legislation aim to strengthen the government’s ability to identify and neutralize individuals or groups engaging in terrorist activities. However, this bill is yet to be discussed and passed by the Rajya Sabha.
Key Features of the Bill
The amendment bill empowers the government to recognize individuals as terrorists if they are suspected to be involved in any stage of planning, promoting, or executing acts of terrorism. The need for such a provision arises from the observation that members of banned terrorist organizations often regroup under new banners to continue spreading terror.
Furthermore, the bill sanctions the Director-General of the National Investigation Agency (NIA) to seize or attach properties related to ongoing terror investigations. This provision attempts to solve problems associated with multi-jurisdictional investigations where obtaining approval from multiple Director Generals of Police (DGPs) can cause delays and potentially help culprits evade justice.
The amendment also empowers NIA officers of the rank of Inspector or higher to investigate cases, unlike the existing law which limits this responsibility to officers of Deputy Superintendent rank or above. Importantly, the bill does not alter the arrest or bail provisions and maintains the principle that the burden of proof lies on the investigating agency, not the accused.
The Unlawful Activities (Prevention) Act, 1967
This Act was initially enacted in 1967 to handle instances of secession and cession of territory deemed unlawful. It underwent a significant change following the 2004 amendment, which added “terrorist act” to the list of offenses. The Act empowers the central government to declare an activity as unlawful through an Official Gazette.
Statistics Related to UAPA misuse
| Year | Cases Reported |
|---|---|
| 2014 | 976 |
| 2015 | 897 |
| 2016 | 922 |
Data from the National Crime Records Bureau (NCRB) shows that 922 cases were reported under UAPA in 2016, which was a 5% decrease from 2014’s figure of 976 cases. However, it was a slight increase from 2015’s report of 897 cases. In total, 2,700 cases were registered over the span of three years from 2014 to 2016.
National Investigation Agency
The NIA Act was enacted on 31st December 2008, establishing the National Investigation Agency (NIA). The NIA currently functions as the Central Counter Terrorism Law Enforcement Agency in India.
