Union Home Ministry designated Hizb-ut-Tahrir (HuT) as a terrorist organisation under the Unlawful Activities (Prevention) Act (UAPA).

Hizb-ut-Tahrir Becomes 45th Organisation Banned Under UAPA Act

• HuT is the 45th organisation to be banned under UAPA in India.
• This classification reflects ongoing efforts to curb unlawful activities and maintain national security.

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What led to the ban under UAPA?

• Involvement in radicalization: HuT has been accused of radicalizing youth and motivating them to join terrorist organisations like ISIS.
• Raising funds for terror: The group is involved in raising funds for terrorist activities, posing a threat to India’s national security and sovereignty.
• Goal to establish a global Caliphate: HuT aims to overthrow democratically elected governments and establish an Islamic state through jihad and terrorist activities.
• Use of social media and secure apps: The group spreads its ideology through social media, secure apps, and Dawah meetings.
• NIA action: The National Investigation Agency (NIA) arrested Faizul Rahman, the state ‘amir’ of HuT in Tamil Nadu and Puducherry, on charges of conspiracy related to secessionism.

About UAPA Act

• Enactment and Purpose: The UAPA was passed in 1967, following recommendations from the Committee on National Integration and Regionalism appointed by the National Integration Council.
  • It was enacted to prevent unlawful activities that threaten the sovereignty and integrity of India.
• Constitutional Basis: The Constitution (Sixteenth Amendment) Act, 1963 amended Article 19(2), allowing Parliament to impose reasonable restrictions on:
  • Freedom of speech and expression
  • The right to assemble peacefully
  • The right to form associations or unions
• Unlawful Activity: Defined as any action intended to disrupt India’s territorial integrity and sovereignty.
• Scope: The UAPA applies to both Indian and foreign nationals and is enforceable throughout India.
• Forfeiture of Proceeds: Under Section 24A, proceeds derived from terrorism can be forfeited to the Central or State Government, regardless of whether the individual has been convicted.
• Exemptions: Individuals who were members of a now-banned organization before its designation as a terrorist group, and who did not engage in its activities afterward, are exempted from provisions of the UAPA.

Amendments to the UAPA 

2004 Amendment

• Introduced the term “terrorist act” and allowed the banning of organisations involved in terrorist activities.
• As a result, 34 organisations, including Lashkar-e-Taiba and Jaish-e-Mohammad, were banned.

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2019 Amendment

• Empowered the Central Government to designate individuals as terrorists based on specific criteria.
• Granted the Director-General of the National Investigation Agency (NIA) authority to approve the seizure or attachment of property related to ongoing investigations.
• Allowed NIA officers of Inspector rank or above to investigate terrorism-related cases.

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