What is UAPA?

 It is a law aimed at 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

 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.

 The agenda of the NIC limited itself to communalism, casteism and regionalism and not

terrorism.

 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.

 The provisions of the UAPA Act contravenes the requirements of the International

Covenant on Civil and Political Rights.

 UAPA Imposes 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.

 Prosecution under section 13 of the UAPA, the permission of the Ministry of

Home Affairs(MHA) is required. However, for prosecution under sections 16, 17

and 18, the permission of the respective State government is required. Section 25

allows the NIA to seize property it considers to be proceeds of terrorism, with the

written consent of the Director General of Police (DGP) of the State

 In Thwaha Fasal vs Union of India, the Court has acted in its introspective

jurisdiction and deconstructed the provisions of the Unlawful Activities

(Prevention) Act (UAPA) with a great sense of legal realism.

 Section 38 deals with “offence relating to membership of a terrorist organisation”

and Section 39 deals with “offence relating to support given to a terrorist

organisation.”

Rakesh Garhwal