Unlawful Activities (Prevention) Act
The Unlawful Activities (Prevention) Act, 1967 | |
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Parliament of India | |
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Citation | |
Territorial extent | The whole of India |
Enacted by | |
Assented to | 30 December 1967[1] |
Status: In force |
Unlawful Activities (Prevention) Act is an Indian law aimed at effective prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.[1]
The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, the aspect of putting reasonable restrictions in the interests of the sovereignty and integrity of India. Pursuant to the acceptance of recommendations of the Committee, the Constitution (Sixteenth Amendment) Act, 1963 was enacted to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India. In order to implement the provisions of 1963 Act, the Unlawful Activities (Prevention) Bill was introduced in the Parliament.[2]
History
Pursuant to the acceptance by Government of a unanimous recommendation of the Committee on National Integration and Regionalism appointed by the National Integration Council, the Constitution (Sixteenth Amendment) Act, 1963, was enacted empowering Parliament to impose, by law, reasonable restrictions in the interests of sovereignty and integrity of India, on the:
- Freedom of Speech and Expression;
- Right to Assemble peaceably and without arms; and
- Right to Form Associations or Unions.
The object of this bill was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The bill was passed by both the Houses of Parliament and received the assent of the President on 30 December 1967. The Amending Acts are as follows:
- The Unlawful Activities (Prevention) Amendment Act, 1967[3]
- The Criminal Law (Amendment) Act, 1972
- The Delegated Legislation Provisions (Amendment) Act, 1986
- The Unlawful Activities (Prevention) Amendment Act, 2004
- The Unlawful Activities (Prevention) Amendment Act, 2008
- The Unlawful Activities (Prevention) Amendment Act, 2012[4]
- The Unlawful Activities (Prevention) Amendment Act, 2019[5]
This last Amendment was enacted after POTA was withdrawn by the Parliament. However, in the Amendment Act in 2004, most of provisions of POTA were re-incorporated. In 2008, after Mumbai attacks, it was further strengthened. The most recent amendment has been done in 2019. According to the statement of objects and reasons, the Bill amends the Unlawful Activities (Prevention) Act, 1967 to make it more effective in preventing unlawful activities, and meet commitments made at the Financial Action Task Force (an intergovernmental organisation to combat money laundering and terrorism financing).[6]
Notable arrests made under the Act
- Indian Maoist Kobad Ghandy was charged with UAPA in 2009.[7]
- Arun Ferreira in 2007
- Binayak Sen, a Doctor and human rights activist.[8]
- Vernon Gonsalves in 2007
- Mehdi Masroor Biswas, who was accused of supporting ISIL by running a pro-ISIL Twitter account.[9]
- Gaur Chakraborty, the spokesperson of Communist Party of India (Maoist), for having connection with Lalgarh movement.[10]
- Thirumurugan Gandhi is a Tamil Nadu-based Human Rights Activist who founded the May 17 Movement. Charged in UAPA after a series of cases including sedition (on 124-A) filed on him since he arrested by Bengaluru Airport authorities.[11]
- Sudhir Dhawale, Dalit rights worker, in 2018
- Mahesh Raut, tribal rights worker, in 2018
- Shoma Sen, professor, in 2018
- Surendra Gadling, Dalit and tribal rights lawyer, in 2018
- Rona Wilson, research scholar, in 2018
- Sudha Bhardwa, tribal rights worker, in 2018
- Varavara Rao, poet, in 2018
- Gautam Navlakha, journalist and member of PUDR, in 2018
- Akhil Gogoi, activist, Krishak Mukti Sangram Samiti, in 2019
- Alan Suhaib, Taha Fasal, CPIM worker, Kozhikode, Kerala, in 2 November, 2019.[12]
See also
- List of organisations banned by the Government of India
- Prevention of Terrorism Act, 2002
- Case of Abdul Nazer Mahdani in Kerala arrested who has been arrested under UAPA act 2011.
References
- ↑ 1.0 1.1 "UAPA, 1967 at NIA.gov.in" (PDF). NIA. Retrieved 28 December 2012.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ "The Unlawful Activities (Prevention) Act" (PDF). Nia.gov.in.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ "The unlawful activities (prevention) Act, 1967" (PDF). Retrieved 12 February 2020.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ "The Unlawful Activities Prevention (Amendment) Act, 2012" (PDF). Government of India. Retrieved 11 January 2017.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ "The Unlawful Activities (Prevention) Amendment Bill, 2019" (PDF). Retrieved 12 February 2020.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ "PRS | Bill Track | The Unlawful Activities (Prevention) Amendment Bill, 2011". www.prsindia.org. 29 December 2011. Retrieved 15 August 2016.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ "Ghandy let off terror charge after police error two years after initial arrest". Mail Online. 28 March 2012. Retrieved 23 July 2019.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ Aman Sethi (24 December 2010). "Life term for Binayak Sen". The Hindu. Retrieved 14 September 2017.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ Dec 19, TNN | Updated; 2014; Ist, 2:57. "Who is Mehdi Masroor Biswas? | India News - Times of India". The Times of India. Retrieved 23 July 2019.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ "City court acquits man held under UAPA after 7 years". timesofindia.indiatimes.com. 19 July 2016. Retrieved 14 September 2017.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ R.sivaraman (9 August 2018). "May 17 Movement leader Thirumurugan Gandhi held in Bengaluru on charges of sedition". The Hindu. ISSN 0971-751X. Retrieved 23 July 2019.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
- ↑ "Kerala: 2 CPI(M) activists held for alleged links with Maoists". India Today. Retrieved 12 February 2020.<templatestyles src="Module:Citation/CS1/styles.css"></templatestyles>
External links
- The Unlawful Activities (Prevention) Act, 1967— Updated text of the Act at India Code
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- Acts of the Parliament of India 1967
- Crime in India
- Separatism in India