UAPA is against principles of law & justice
5 years, 5 months ago

UAPA is against principles of law & justice

Deccan Chronicle  

India has made a change to its anti-terrorism law, the Unlawful Activities Prevention Act. In 2006, the United Nations Special Rapporteur had said that to call an offence a “terrorist act”, three elements must be cumulatively present: the means used must be deadly; the intent behind the act must be to cause fear among the population or to compel a government or international organisation to do or refrain from doing something; and the aim must be to further an ideological goal. It also includes any act that is “likely to threaten” or “likely to strike terror in people”, giving unbridled power to the government to brand any ordinary citizen or activist a terrorist without the actual commission of these acts. People in politics understand this and we should take note that a former Union home minister, who presumably knows as much about anti-terror laws as anyone else, has opposed the UAPA Amendment. The very idea of the UAPA and the decision to start naming people terrorists without convictions is going against the principles of law and justice.

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History of this topic

[UAPA] Contemplation Of Terrorist Act For Years Without Giving Effect To It Constitutes A Terrorist Act: Delhi High Court
1 week, 6 days ago

[UAPA] Contemplation Of Terrorist Act For Years Without Giving Effect To It Constitutes A Terrorist Act: Delhi High Court

Live Law  

While hearing an appeal against the conviction of a member of Al-Qaida in Indian Subcontinent under the Unlawful Activities Act, the Delhi High Court has observed that contemplation of a terrorist act for years even if it may be carried out to after several years constitutes a terrorist act. Such an expression would not be linked only to an immediate …

When UAPA Is Invoked, People Continue To Be Behind Bars Even With Little Or No Evidence, That's The Real Tragedy : Rebecca John
1 year, 3 months ago

When UAPA Is Invoked, People Continue To Be Behind Bars Even With Little Or No Evidence, That's The Real Tragedy : Rebecca John

Live Law  

During a panel discussion held to mark the launch of the book, authored by Gautam Bhatia, ‘Unsealed Covers: A Decade of the Constitution, the Courts, and the State, Senior Advocate Rebecca John made strong observations about the Unlawful Activities Act, 1967. Section 43 D, which places restrictions on the grounds of bail.” At this, she criticized the Supreme Court’s judgment …

The Unlawful Activities (Prevention) Act or UAPA works better with UPAPA, UPOPA and UPOOPA - The Hindu
2 years, 2 months ago

The Unlawful Activities (Prevention) Act or UAPA works better with UPAPA, UPOPA and UPOOPA - The Hindu

The Hindu  

BJP supporters keep saying Congress did nothing in 70 years. While all this is true, the BJP should also credit Congress for independent India’s greatest achievement: passing the Unlawful Activities Act back in 1967. Sadly, the current version of UAPA is outdated in its definition of ‘unlawful activities’. UAPA’s definition of ‘terrorism’ is even more unimaginative — limited to things …

UAPA fights against both gun and pen, says PM
2 years, 2 months ago

UAPA fights against both gun and pen, says PM

The Hindu  

Prime Minister Narendra Modi on Friday said that Central laws such as the Unlawful Activities Act had given an impetus to the system in a decisive fight against terrorism. The Prime Minister said the police should be equipped to face not only those Naxals who hold a gun but also those who wield a pen and mislead the youth by …

Explained: How an organisation is banned under stringent UAPA law
2 years, 3 months ago

Explained: How an organisation is banned under stringent UAPA law

India Today  

With the central government now issuing a notification to declare the Popular Front of India as an "Unlawful Association", India Today looks at the process by which such a declaration can be made. Under section 2 of the UAPA, an unlawful activity in relation to an individual or association means - - Any action taken by such an individual or …

Time ideal to amend UAPA: rights group
2 years, 8 months ago

Time ideal to amend UAPA: rights group

The Hindu  

A New Delhi–based rights group has called for an amendment to the Unlawful Activities Act, 1967, or UAPA, following the partial withdrawal of the Armed Forces Act of 1958 from Assam, Manipur and Nagaland on March 31. The Rights and Risks Analysis Group said the reduction in violent incidents, including left–wing extremism besides the Centre’s move on the AFSPA makes …

"Young Children Are Idealists, Inspired By Certain Ideology. But There is No Allegation That They Have Intention To Further The Activities": Sr.Ad. Basant Argues In Allan Thwaha UAPA Case
3 years, 3 months ago

"Young Children Are Idealists, Inspired By Certain Ideology. But There is No Allegation That They Have Intention To Further The Activities": Sr.Ad. Basant Argues In Allan Thwaha UAPA Case

Live Law  

The Supreme Court on Thursday remarked that the NIA's argument that sanction for prosecution under the UAPA for association with a banned organisation extends to the offence of membership of the organisation itself would result in a situation where a person, for being a member, attracts life imprisonment, but if the member, with the intention to further the activities of …

‘Misused, abused’: India’s harsh terror law under rare scrutiny
3 years, 4 months ago

‘Misused, abused’: India’s harsh terror law under rare scrutiny

Al Jazeera  

UAPA allows authorities to designate someone as ‘terrorist’ and detain them without producing any incriminating evidence. “In fact, it has been misused and abused.” In July, Justice Dhananjaya Yeshwant Chandrachud, a sitting Supreme Court judge, said the courts must act as the “first line of defence against the deprivation of liberty of citizens,” amplifying the debate about whether the law …

The Expanding Confines Of The UAPA Jurisprudence
3 years, 5 months ago

The Expanding Confines Of The UAPA Jurisprudence

Live Law  

Recently the Delhi High Court granted regular bail to Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita in relation to Delhi Violence of February 2020 under the Unlawful Activities Prevention Act after spending over one year in jail without trial. is a fundamental right and not merely a statutory right) In June, the Delhi High Court, vide detailed orders, granted …

UAPA: Terror and the law
3 years, 5 months ago

UAPA: Terror and the law

The Hindu  

Cataclysmic moments, even those that could have been predicted, are known to prise open the clutches of rigid unquestioning and herald significant shifts, if not change. Key features of TADA and POTA include the admissibility of confessions before police officers as evidence, a provision that not only contravenes Section 26 of the Indian Evidence Act but is an open invitation …

With 2% convictions, India’s terror law more a ‘political weapon’
3 years, 6 months ago

With 2% convictions, India’s terror law more a ‘political weapon’

Al Jazeera  

Critics say UAPA is being used as ‘political weapon to silence’ activists and to ‘demonise Muslims and Kashmiris as terrorists’. “I was innocent and I knew I would walk out a free man one day, but I had never thought it would take nine years.” Irfan, 33, was among five Muslims arrested in 2012 from Nanded by the anti-terrorism squad …

UAPA undermines personal liberty
3 years, 6 months ago

UAPA undermines personal liberty

Hindustan Times  

Our worst fears, when the Unlawful Activities Amendment Bill was approved by Parliament in August 2019, have come true. If a person does terrorist activities, plans to commit terrorist acts, aids in terrorism or is linked to any terrorist organisation, then he will be declared as a terrorist…” In response, we, while opposing the Bill, expressed our concern that this …

'Terrorist Acts' Under UAPA Only Deal With Matters Impacting 'Defence Of India' And Not Ordinary Law & Order Problems : Delhi High Court
3 years, 6 months ago

'Terrorist Acts' Under UAPA Only Deal With Matters Impacting 'Defence Of India' And Not Ordinary Law & Order Problems : Delhi High Court

Live Law  

Delivering a judgment defining the contours of the otherwise "vague" Section 15 of the Unlawful Activities Act, 1967, a division bench of the Delhi High Court today laid down some important principles upon the imposition of Section 15, 17 & 18 of the Act. "Terrorist Act" U/S 15 UAPA Should Not Be Used Lightly So As To Trivialize Them Noting …

All terrorists are criminals but not all criminals are terrorists: Delhi HC
3 years, 6 months ago

All terrorists are criminals but not all criminals are terrorists: Delhi HC

The Hindu  

Notwithstanding the fact that the definition of ‘terrorist act’ in Unlawful Activities Act is “wide and even somewhat vague”, the phrase ‘terrorist act’ cannot be permitted to be casually applied to criminal acts that fall squarely within the definition of conventional offences, the Delhi High Court remarked on Tuesday. Hence, the court must be careful in employing the definitional words …

Crushing free spirit in the name of terrorism
3 years, 9 months ago

Crushing free spirit in the name of terrorism

The Hindu  

In February 2021, the Union Home Ministry presented in the Rajya Sabha data on the number of cases registered under the Unlawful Activities Act. Background Although the UAPA had “humble beginnings” in 1967, as put by A.G. Noorani, its evolution is closely linked with political changes in India. Use of force by the State to overcome such inhuman menace invading …

UAPA: India's anti-India Act
4 years, 2 months ago

UAPA: India's anti-India Act

The Hindu  

The much-abused Unlawful Activities Act, 1967 had humble beginnings. “Unlawful activity” is defined by the Act as “any action taken by such individual or association : which is intended or supports any claim to bring about on any ground whatsoever the cession of a part of the territory of India from the Union or which incites any individuals to bring …

India designates nine individuals linked to Khalistani groups as terrorists
4 years, 6 months ago

India designates nine individuals linked to Khalistani groups as terrorists

The Hindu  

The Ministry of Home Affairs designated nine more individuals as “terrorists” under the amended anti-terror law that was passed by the Parliament last year. The nine terrorists are Wadhawa Singh Babbar, Pakistan-based chief of terrorist organisation Babbar Khalsa International; Lakhbir Singh, based in Pakistan and chief of terrorist organisation International Sikh Youth Federation; Ranjeet Singh, based in Pakistan and chief …

New Act UAPA: Absolute power to state
5 years, 3 months ago

New Act UAPA: Absolute power to state

The Hindu  

ON August 14, the Government of India notified amendments to the Unlawful Activities Act, 1967, empowering itself to designate individuals as “terrorists” without providing them any effective redress. Under provisions imported from the Prevention of Terrorism Act on its repeal in 2004, the UAPA empowered the government to ban organisations branded as “terrorist”. This allows the government ample room to …

SC seeks Centre's response on pleas challenging constitutional validity of Section 35, 36 of UAPA Act
5 years, 4 months ago

SC seeks Centre's response on pleas challenging constitutional validity of Section 35, 36 of UAPA Act

Firstpost  

New Delhi: The Supreme Court on Friday sought the Centre’s response on PILs seeking direction to declare unconstitutional the Unlawful Activities Amendment Act, 2019, that confers power upon the Central government to designate an individual as a terrorist. Section 35 of UAPA 2019 does not specify detailed grounds or reasons based on which an individual can be termed as a …

Supreme Court seeks Centre's response on pleas challenging validity of amendments to UAPA
5 years, 4 months ago

Supreme Court seeks Centre's response on pleas challenging validity of amendments to UAPA

India TV News  

The Supreme Court on Friday sought a response from the Centre on petitions challenging the constitutional validity of the amendments made to the UAPA. The petitions challenges the changes to the Unlawful Activities Act on various grounds, including that these infringed upon fundamental rights of citizens and empowered agencies to declare persons a terrorist. A bench comprising Chief Justice Ranjan …

SC Issues Notice On Plea Challenging Validity Of UAPA Amendment
5 years, 4 months ago

SC Issues Notice On Plea Challenging Validity Of UAPA Amendment

Live Law  

The Supreme Court on Friday issued notice on a petition challenging the constitutional validity of Unlawful Activities Amendment Act 2019, which enabled the Centre to designate individuals as terrorist.The CJI-led bench was hearing the petitions filed by one Sajal Awasthi, a resident of Delhi, and an NGO Association for Protection of Civil Rights who sought for for a. The Supreme …

US body commends India for UAPA and designating Masood Azhar, Hafiz Saeed, Dawood Ibrahim and Zaki-ur-Rehman Lakhvi as terrorists
5 years, 4 months ago

US body commends India for UAPA and designating Masood Azhar, Hafiz Saeed, Dawood Ibrahim and Zaki-ur-Rehman Lakhvi as terrorists

Op India  

The United States of America has backed India’s move to declare Jaish-e-Muhammad chief Maulana Masood Azhar, Lashkar-e-Taiba founder Hafiz Saeed and Zaki-ur-Rehman Lakhvi and global terrorist Dawood Ibrahim as terrorists under the newly enacted UAPA Act). We stand w/ #India & commend it for utilizing new legal authorities to designate 4 notorious terrorists: Maulana Masood Azhar, Hafiz Saeed, Zaki-ur-Rehman Lakhvi …

UAPA (Amendment) Bill 2019 violates the very international laws it quotes, defies principles of natural justice
5 years, 5 months ago

UAPA (Amendment) Bill 2019 violates the very international laws it quotes, defies principles of natural justice

Firstpost  

The UAPA offers an overbroad and ambiguous definition of a ’terrorist act’ which includes the death of, or injuries to any person, damage to any property, an attempt to over awe any public functionary by means of criminal force and any act to compel the government or any person to do or abstain from doing any act etc. In 2006, …

Individuals from Telangana, AP under UAPA terror lens
5 years, 5 months ago

Individuals from Telangana, AP under UAPA terror lens

Deccan Chronicle  

Hyderabad: With the Rajya Sabha passing the Unlawful Activities Amendment Bill, which enables the government to designate individuals as terrorists, the National Investigation Agency is finalising the initial list of “most wanted” persons who will be officially designated as terrorists. Sources told Deccan Chronicle that while the names of Jaish-e-Mohammed chief Maulana Mazood Azhar, Lashkar-e-Tayyaba chief Hafiz Mohammed Sayeed, the …

P Chidambaram says passing amendments to UAPA will be 'monumental error', claims SC will strike changes
5 years, 5 months ago

P Chidambaram says passing amendments to UAPA will be 'monumental error', claims SC will strike changes

Firstpost  

Participating in a debate on the Unlawful Activities Amendment Bill, 2019 in Rajya Sabha, P Chidambaram urged the Centre to refer the Bill to the Select Committee for further scrutiny and take suggestions from eminent legal experts for its constitutionality before being passed by the House. New Delhi: Former home minister P Chidambaram on Friday termed “unconstitutional” the amendment brought …

Parliament approves amendment to UAPA; four-stage scrutiny will ensure human rights aren't violated, says Amit Shah
5 years, 5 months ago

Parliament approves amendment to UAPA; four-stage scrutiny will ensure human rights aren't violated, says Amit Shah

Firstpost  

While Lok Sabha had passed the Unlawful Activities Amendment Bill, 2019 that seeks to amend the Unlawful Activities Act, 1967 on 24 July, Rajya Sabha approved it after rejecting an Opposition- New Delhi: The Parliament on Friday approved an amendment to the anti-terror law to give powers to the central government to designate an individual as terrorist and seize his …

The anti-terror UAPA Amendment Bill 2019 passed in Rajya Sabha as Home Minister Amit Shah leads the charge
5 years, 5 months ago

The anti-terror UAPA Amendment Bill 2019 passed in Rajya Sabha as Home Minister Amit Shah leads the charge

Op India  

In a rebuttal against the apprehensions raised by Congress on the amendments suggested by the BJP government in the Unlawful Activities Act, Home Minister Amit Shah took charge in Rajya Sabha asserting that the procedures enlisted in his government’s proposed amendments to UAPA Act are elaborate and they do not discriminate the individuals based on their identity. Unlawful Activities Act …

Parliament Passes UAPA Amendment Bill Which Gives Centre Power To Designate An Individual As Terrorist [Read Bill]
5 years, 5 months ago

Parliament Passes UAPA Amendment Bill Which Gives Centre Power To Designate An Individual As Terrorist [Read Bill]

Live Law  

The Rajya Sabha on Friday passed the Unlawful Activities Amendment Bill 2019, which will enable the Central Government to notify an individual as 'terrorist'.It was cleared with 147 'yes' votes against 42 'no' votes. The Rajya Sabha on Friday passed the Unlawful Activities Amendment Bill 2019, which will enable the Central Government to notify an individual as 'terrorist'. As per …

UAPA Amendment Bill tabled in Rajya Sabha: Why more police powers with Centre may be a bad idea
5 years, 5 months ago

UAPA Amendment Bill tabled in Rajya Sabha: Why more police powers with Centre may be a bad idea

Firstpost  

India in recent weeks has been abuzz with some legal changes that the National Democratic Alliance government has been pursuing with respect to the national security framework. The UAPA Bill essentially proposes to make four changes to the existing UAP Act: It allows the Central government, subject to certain procedural requirements and conditions, to designate an individual as a terrorist. …

Opinion | Aaj Ki Baat July 24 episode: Only Congress can tell why it is opposing amendments to UAPA
5 years, 5 months ago

Opinion | Aaj Ki Baat July 24 episode: Only Congress can tell why it is opposing amendments to UAPA

India TV News  

The Lok Sabha on Wednesday passed the Unlawful Activities Amendment Bill which provides for classifying individuals having terror links as terrorists. The amendment bill also allows the National Investigation Agency to attach properties linked to terror outfits, without taking permission from the state police chief. The present law gives power to the state police DGP to give permission to attach …

Lok Sabha passes amended UAPA Bill: Amit Shah defends provision to declare person as terrorist, Mahua Moitra, Owaisi call it 'anti-people'
5 years, 5 months ago

Lok Sabha passes amended UAPA Bill: Amit Shah defends provision to declare person as terrorist, Mahua Moitra, Owaisi call it 'anti-people'

Firstpost  

The UAPA Bill provided fodder for political acrimony, and was passed in the Lower House despite strong objections by several Opposition leaders. Here’s how the central government and members of the Opposition put forward their arguments on the bill — Yasin Bhatkal would’ve been arrested sooner if he was a designated terrorist, says Amit Shah Home minister Amit Shah said …

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