Banning of Organizations Under UAPA Act

29 Feb 2024

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

Recent Bans Under UAPA by MHA in 2023

  • 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. 

Amendments In UAPA

  • 2004: Added specific chapter aimed at prosecuting terrorist acts.
  • 2008: Any act “likely to threaten the unity, integrity, security or sovereignty of India” or “likely to strike terror in the people” is also a terrorist act.
  • 2012: Expanded definition of “terrorist act” to include offences threatening the country’s economic security.
  • 2019: The government can now declare an individual as “terrorist” and append their name in Schedule IV of the Act without any due process. It also empowers the Director General of the National Investigation Agency (NIA) to grant approval of the seizure or attachment of property.

 

Also Read: Enforcement Directorate-States Tussle: SC Suggested Pan

Source: PIB

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