Answer:

Introduction:

In response to evolving security threats, the Indian government has recently updated its legal arsenal against terrorism by amending the Unlawful Activities (Prevention) Act (UAPA), 1967, and the National Investigation Agency (NIA) Act. These amendments, while aiming to fortify the national security framework, have also ignited important debates regarding civil liberties and human rights.

Body:

Key Changes:

Unlawful Activities (Prevention) Act (UAPA), 1967:

• Designation of Individuals as Terrorists: The amended UAPA allows the central government to designate individuals, not just organizations, as terrorists. Previously, only organizations could be declared as terrorist entities.
• Seizure of Property: In case the investigation so requires, the Director-General, NIA, has been empowered to grant approval of seizure or attachment of property when the case is investigated by the agency.
• Investigation by NIA: The officers of the rank of Inspector or above are empowered to investigate cases.

National Investigation Agency (NIA) Act:

• Jurisdiction: The NIA can now investigate offenses committed outside India, targeting Indians or Indian interests.
• Expanded Role: The Act broadens the types of offenses that NIA can investigate and prosecute. This now includes offenses related to human trafficking, counterfeit currency or bank notes, manufacture or sale of prohibited arms, and cyber-terrorism.
• Special Courts: The central government may constitute special courts for the trial of scheduled offenses.

Opposition by Human Rights Organizations:

• Potential for Misuse: Human rights groups argue that the expanded scope may be misused against political dissenters and minorities. For example, the Bhima Koregaon case.
• Lack of Safeguards: They argue that the amendments lack sufficient safeguards, potentially leading to human rights violations.
• Extended Detention: The provision allowing detention without filing a charge sheet for up to 180 days has raised concerns about the potential violation of personal liberty.

Conclusion:

While the amendments to UAPA and the NIA Act have strengthened India’s fight against terrorism, it is crucial to balance this with the protection of human rights. Any misuse could undermine democratic principles and the rule of law, emphasizing the importance of institutional safeguards and vigilant judicial oversight.

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