Daily Current Affairs : 4-October-2023
In recent news, the Delhi Police has invoked the Unlawful Activities (Prevention) Act (UAPA) to seal the office of the news portal NewsClick, alleging its involvement in pro-China propaganda. This move has sparked debates about the UAPA, its powers, and its implications for civil liberties in India.
Understanding the UAPA Act
The Unlawful Activities (Prevention) Act, enacted in 1967, provides an alternate criminal law framework. Unlike the Indian Penal Code (IPC), the UAPA offers relaxed timelines for filing chargesheets and stringent conditions for bail. The mandate of the UAPA is to prevent unlawful activities related to terrorism and deals with both individuals and associations.
Key Provisions of the UAPA Act
- Definition of Unlawful Activity: The UAPA broadly defines unlawful activity as any conduct that constitutes a crime or contravenes any law, regardless of the location or time.
- Definition of Terrorist Act: Section 15 of the Act defines a “terrorist act” and prescribes severe punishments, including imprisonment for at least five years to life.
- Power to the Central Government: The UAPA grants absolute power to the central government. It allows the government to declare an activity as unlawful through an Official Gazette.
- Applicability: The Act applies to Indian citizens outside India, government officials worldwide, and individuals on Indian-registered ships and aircraft.
Issues with the UAPA Act
- Low Conviction Rates: Despite numerous arrests under the UAPA, the conviction rate remains alarmingly low, with only 3% of those arrested being convicted between 2018-20.
- Sharp Rise in Use: The Act has seen a significant increase in usage, covering various alleged offenses, from tribal areas in Chhattisgarh to journalists in Manipur.
- Stringent Bail Provisions: Obtaining bail under the UAPA is exceptionally challenging, as the burden of proving innocence lies with the accused, reversing the standard principle of ‘innocent until proven guilty.’
- Discretionary Powers: The UAPA grants the government broad discretionary powers, allowing the creation of special courts with secret witnesses and closed-door hearings, raising concerns about transparency and fairness.
- Ignoring Fundamental Rights: The Act allows for the incarceration of individuals for up to 180 days without filing a charge sheet, a direct violation of Article 21 of the Indian Constitution, which guarantees the right to personal liberty.
Related Supreme Court Rulings
- In 2019, the Supreme Court narrowly defined “prima facie,” emphasizing the need to consider the totality of the case presented by the state.
- In the NIA v Zahoor Ahmed Watali case, the Court strictly interpreted bail provisions, focusing on establishing a prima facie case instead of delving into the merit or admissibility of evidence.
Important Points:
- Understanding UAPA Act:
- Enacted in 1967, offering an alternate criminal law framework.
- Relaxes timelines for filing chargesheets, stringent bail conditions.
- Mandate: Prevents unlawful activities related to terrorism by individuals and associations.
- Key Provisions of UAPA Act:
- Definition of Unlawful Activity:
- Broadly includes any conduct constituting a crime or contravening any law.
- Definition of Terrorist Act:
- Section 15 prescribes severe punishments, including imprisonment for at least five years to life.
- Power to Central Government:
- Grants absolute power to declare activities as unlawful through an Official Gazette.
- Applicability:
- Extends to Indian citizens outside India, government officials worldwide, individuals on Indian-registered ships and aircraft.
- Definition of Unlawful Activity:
- Issues with UAPA Act:
- Low Conviction Rates:
- Only 3% convicted out of 4,690 arrested between 2018-20.
- Sharp Rise in Use:
- Increased usage in various alleged offenses, including tribal areas and targeting journalists.
- Stringent Bail Provisions:
- Burden of proving innocence lies with the accused, reversing the standard principle of ‘innocent until proven guilty.’
- Discretionary Powers:
- Allows for creation of special courts with secret witnesses, raising concerns about transparency.
- Ignoring Fundamental Rights:
- Allows incarceration for up to 180 days without filing a charge sheet, violating Article 21 of the Indian Constitution.
- Low Conviction Rates:
- Related Supreme Court Rulings:
- Emphasizes narrow definition of “prima facie,” considering the totality of the case presented by the state.
- Strict interpretation of bail provisions, focusing on establishing a prima facie case without delving into evidence merit or admissibility.
Why In News
The Delhi Police has sealed the office of news portal NewsClick, invoking the UAPA Act, alleging it received money for pro-China propaganda. This action has sparked debates about freedom of the press and raised concerns about the potential misuse of anti-terrorism laws to suppress dissenting voices in the country.
MCQs about UAPA Act
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What is the primary mandate of the Unlawful Activities (Prevention) Act (UAPA) in India?
A. Ensuring freedom of speech and expression
B. Preventing unlawful activities related to terrorism by individuals and associations
C. Regulating social media usage
D. Protecting intellectual property rights
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What does the UAPA Act allow the central government to do?
A. Control the media
B. Declare activities as unlawful
C. Impose curfews
D. Appoint judges to special courts
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What significant issue arises regarding bail under the UAPA Act?
A. Bail is easily granted without any conditions
B. Accused individuals have to prove their innocence for obtaining bail
C. Bail is granted solely based on the accused’s financial status
D. Bail is not applicable for UAPA cases
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Which constitutional right does the UAPA Act potentially violate?
A. Right to education
B. Right to freedom of religion
C. Right to personal liberty (Article 21)
D. Right to property
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