Union Home Ministry designated Hizb-ut-Tahrir (HuT) as a terrorist organisation under the Unlawful Activities (Prevention) Act (UAPA).
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- 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
- 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.
| Arguments in Favour of UAPA |
Arguments Against UAPA |
| National Security: Provides strong legal tools to combat terrorism and protect sovereignty. |
Misuse of Power: Can be misused to target dissent and curb civil liberties. |
| Preventive Detention: Allows preventive action to disrupt potential terrorist activities. |
Vague Definition of Terrorism: Broad definitions lead to arbitrary arrests. |
| Global Compliance: Aligns with international anti-terrorism protocols. |
Lack of Judicial Oversight: Detentions without charge for up to 180 days weaken due process. |
| Strengthened Law Enforcement: Empowers agencies to tackle emerging terror threats. |
Human Rights Concerns: Prolonged detentions and denial of bail violate fundamental rights. |
October 11, 2024
