Banning of Organizations Under UAPA Act

Context: 

The Government has declared Muslim Conference Jammu & Kashmir (Sumji faction) and Muslim Conference Jammu & Kashmir (Bhat faction) for a period of five years under Section 3 of Unlawful Activities Prevention Act, 1967.

Organizations Under UAPA Act

• Government also declares ‘Jamaat-e-Islami Jammu Kashmir’ as an ‘Unlawful Association‘ for a further period of 5 years.

• The Union Home Minister said that in pursuing the policy of zero tolerance against terrorism and separatism, the government has extended the ban.
• He also said the organisation is found continuing its activities against the nation’s security, integrity and sovereignty.

About UAPA Act 1967

• The UAPA is an anti-terrorism law that was first enacted in 1967 with the primary objective to effectively prevent and deal with activities that pose a threat to the sovereignty and integrity of India.
• Applicability: The provisions of this Act apply also to
  • Citizens of India outside India.
  • Persons in the service of the Government, wherever they may be.
  • Persons on ships and aircraft, registered in India, wherever they may be.

Provisions of UAPA Act 1967

• Powers of Government: The Government can impose all-India bans on associations that are declared ‘unlawful’ under the Act.
  •  Both Indian nationals and foreign nationals can be charged under the Act. Also, the Act similarly holds offenders accountable if the crime is committed on foreign land outside India.
• Investigating powers: Cases can be investigated by both the State police and the National Investigation Agency (NIA).
• Appeal mechanism: It allows a tribunal to review or hear an appeal against the ban.
• Terrorist Organization: Any person who is a member of a terrorist organization shall be sentenced to 10 years in prison under Sections 20 and 38. The UAPA schedule includes a list of prohibited groups. 

Source: PIB

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