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Why UAPA Act 1967 (Amended in 2019) is important and how it affects you

 

The Committee on National Integration and Regionalization had set up by National Integration Council with the motive of national integration and regionalization. 16th Amendment Act of the constitution was brought in 1967 considering the recommendations of this committee.

The union government was of the view that reasonable curtailment of few fundamental rights that is

1. Freedom of speech and expression.

2. Right to assemble peacefully.

3. Right to form association and unions.

was necessary to manage internal affairs and fight terror of the nation.

National Investigation Agency was formed in 2009 for enforcement of UAPA Act which is an anti terrorism agency of the central government which comes under Ministry of Home Affairs. Unlawful Activities (Prevention) Act, 1967 was amended in 2004 to bring laws to punish terrorist activities since Prevention of Terrorism Act 2002 was repealed in 2004.

 
 

 

In 2019, UAPA got a major amendments which brought important changes in the law :

1. Before the amendment in 2019, the government of India could designate any organization as a terrorist organization.

After the amendment in 2019, the government of India can designate any organization or individual as terrorist:

a) If any person or organization commits or participates in any act of terrorism.

b) If any person or organization promotes terrorism.

c) If any person or organization is otherwise, involved in terrorism.

2. If any organization or individual is booked under UAPA, the person can be detained for 180 days (which can be extended), without filing of any charge sheet which is double the time of detention permissible in the Code of Criminal Procedure.

3. The government can declare any person as terrorist without any procedure for evaluation for the same before declaration. The only relief available to the person booked under UAPA is that the person can appeal to the government within 45 days, against the detention. The appeal will be heard by a 3 member review committee consisting of a retired or sitting judge.

 

 

 

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