Background & Objective
- Enacted in 1967 to curb unlawful activities that threaten the sovereignty and integrity of India.
- The Act provides legal framework to deal with terrorist activities and organizations involved in such acts.
- Aims to empower the government to ban associations, penalize unlawful activities, and prevent acts of terrorism.
Key Provisions
- Definition of Unlawful Activity (Sec 2(o)):
- Any action (by individual or association) intended to bring about cession, secession, or disruption of India’s sovereignty and territorial integrity.
- Declaring an Organisation as Unlawful (Sec 3):
- The Central Government may declare an organisation as “unlawful” if it engages in such activities.
- Terrorist Activities (Amendments 2004, 2008, 2012):
- Expanded to cover terrorist acts, funding of terrorism, and membership of terrorist organisations.
- Added provisions from repealed POTA (2002) and TADA (1985).
- Designation of Individuals as Terrorists (Amendment 2019):
- The 2019 Amendment empowered the government to designate individuals (not just organisations) as terrorists (under Fourth Schedule).
- Investigating Agency:
- National Investigation Agency (NIA) empowered to investigate and prosecute UAPA cases.
- Adjudication:
- Tribunal headed by a sitting High Court judge decides whether an organisation declared “unlawful” is justified.
Bail Provisions (Stringent Clauses)
- Under Section 43D(5), bail can be denied if the court believes the accusation is prima facie true.
- The burden of proof lies heavily on the accused → makes obtaining bail extremely difficult.
Amendments Overview
| Amendment Year | Key Change |
| 2004 | Introduced “terrorist act” & banned terrorist organisations |
| 2008 | Strengthened investigative powers post Mumbai attacks |
| 2012 | Expanded scope to cover economic offences linked to terrorism |
| 2019 | Allowed designation of individuals as terrorists; broadened NIA powers |
Significance
- Provides comprehensive mechanism to deal with terrorism and unlawful activities.
- Enables proactive action against individuals and groups threatening national security.
- Strengthens counter-terrorism infrastructure in India.
Criticism / Concerns
- Misuse concerns: Allegations of using UAPA to suppress dissent or opposition voices.
- Lack of judicial safeguards: Low conviction rate; prolonged detention without trial.
- Human rights concerns: Challenges to freedom of speech and association.
- Bail provisions considered draconian and contrary to personal liberty under Article 21.
Relevant Articles & Bodies
- Article 19(1)(a) & 19(1)(c): Freedom of speech and association.
- Article 19(2): Reasonable restrictions on grounds of sovereignty and security.
- NIA Act, 2008: NIA investigates offences under UAPA.