The Unlawful Activities (Prevention) Tribunal backed the Centre’s decision to label the Popular Fronts of India (PFI) as an unlawful association, a move that occurred five months after its formation. Back in September 2022, the Ministry of Home Affairs (MHA) declared the PFI and its affiliates as “unlawful associations” through a gazette notification. The PFI and its associated entities including the Rehab India Foundation (RIF) and Campus Front of India received a five-year ban under the Unlawful Activities (Prevention) Act (UAPA), 1967 by the MHA.
Deep Dive into UAPA
UAPA aims to prevent unlawful activities and associations in India, with a core focus on safeguarding the country’s integrity and sovereignty. Often referred to as the Anti-terror law, the UAPA refers to any actions which aim to disrupt India’s territorial integrity and sovereignty as unlawful activities. Authority rests with the central government and the act introduces stringent punishments – death penalty and life imprisonment.
Major Provisions Under UAPA
Designed to address terrorist activities, the UAPA authorizes the central government to designate individuals or organizations as terrorists or terrorist organizations based on their involvement in terrorism, its preparation, promotion or participation. Investigating officers are required to obtain approval from the Director General of Police or, in case of National Investigation Agency (NIA) investigations, the Director General of NIA, to confiscate properties linked to terrorism. The act enables NIA officers of Inspector rank or higher to investigate cases.
Procedure Under UAPA
Associations deemed unlawful are notified via a gazette announcement or public broadcast in the area of their activities. This holds for five years, subject to the UAPA Tribunal’s order. The Centre’s declaration of an organization as unlawful prompts the establishment of a tribunal to ascertain the legitimacy of the decision. The tribunal investigates and confirms whether the Centre’s decision is justified, only upon which the notification takes effect. Government is mandated to notify the tribunal within 30 days of issuing the gazette notification.
Understanding The Role of UAPA Tribunal
For the Centre’s bans to hold legal longevity, the UAPA mandates the formation of a tribunal. Chaired by a sitting or retired High Court judge, the tribunal calls upon the association in question to provide cause for not being declared unlawful. Post arguments, the tribunal conducts an inquiry and decides within six months if there exists enough evidence to declare an association unlawful.
Criticisms of UAPA
Despite its intent, the UAPA has drawn criticisms. Section 35 of the UAPA allows the government to designate anyone as a terrorist based on vague suspicions, undermining individual liberty. Critics argue the act indirectly waters down the right to dissent, a fundamental part of free speech, by empowering the government to suppress opposition under the pretext of counter-terrorism. Procedurally, the act is also criticized for lengthy justice delivery, with charge sheets taking over a year to be filed in nearly 43% of the cases.
Relevance of UAPA in Civil Services Examination
Understanding UAPA and its implications is crucial for aspirants of civil service examinations. Previous year questions have asked students to analyze challenges posed by external state and non-state actors on India’s internal security and measures to combat such threats. Another prompt required students to analyze changes in anti-terrorist laws, including amendments in UAPA 1967 and NIA act, considering prevailing security conditions and human rights organizations’ reasons for opposing UAPA.
