The Unlawful Activities (Prevention) Act (UAPA) 1967 has recently been under scrutiny, as major Opposition parties are demanding its repeal following the arrest of Stan Swamy, an 83-year-old tribal rights activist. Swamy’s arrest in relation to the Bhima Koregaon case has triggered discussions about the need for such laws, their implications, and their potential misuse.
Recent Arrests and Conviction Rate under UAPA
The UAPA has seen an increasingly steady use over recent years. According to the Ministry of Home Affairs data submitted to the Parliament, the number of arrests under UAPA has been steadily increasing over time. In 2016, 999 individuals were arrested while 1,054 and 1,031 were arrested in 2017 and 2018 respectively. Notwithstanding this increase in arrests, the conviction rate for cases lodged under the act is less than 25%. Intriguingly, the formal charge sheet in nearly half of these cases (43%) took more than a year or two to be filed.
Understanding the UAPA
The UAPA was initially passed in 1967 with the objective of effectively preventing unlawful activities and associations in India. The act broadly defines ‘unlawful activity’ as any action taken by an individual or association that intends to disrupt India’s territorial integrity and sovereignty. Notably, the act assigns absolute power to the central government to declare an activity as unlawful through an official gazette.
Punishments and Jurisdiction
The act prescribes severe punishments for those found guilty, including the death penalty and life imprisonment. It applies to both Indian and foreign nationals and remains valid even if the crime is committed outside India on foreign land.
Investigation and Prosecution under UAPA
The UAPA stipulates that the investigating agency must file a charge sheet within 180 days after the arrests. However, this timeline can be extended with the court’s permission.
Amendments to the UAPA
In 2004, an amendment to the UAPA added “terrorist act” to the list of offenses under the act. Since then, 34 outfits have been banned for engaging in terrorist activities under this provision. Another significant amendment came in 2019 when the Parliament cleared the Unlawful Activities (Prevention) Amendment Bill, 2019 that allows the central government to designate individuals as terrorists based on specific criteria.
New Powers for the National Investigation Agency (NIA)
The 2019 amendment also empowers the Director General of NIA to approve seizure or attachment of property during investigations. It also allows NIA officers of the rank of Inspector and above to investigate terrorism cases, a duty previously held by officers of the rank of DSP or ACP and above.
