Vague definition of a terrorist, several ad hoc amendments make Unlawful Activities (Prevention) Act a draconian law
6 years, 6 months ago

Vague definition of a terrorist, several ad hoc amendments make Unlawful Activities (Prevention) Act a draconian law

Firstpost  

The law under consideration is the Unlawful Activities Act, 1967. The ambiguity of the law restricts the freedom of speech and expression and the court had to always actively intervene to protect the said rights of the citizens charged under this Act. The ambiguity of the law restricts freedom of speech and expression and the court had to always actively intervene to protect the said rights of the citizens charged under this Act. Moreover, the definition of ‘unlawful activities’ under Section 2 includes action which disclaims, questions, disrupts the sovereignty and territorial integrity of India.

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History of this topic

HC ought to have first shot at deciding pleas challenging 2019 amendment to UAPA, says Supreme Court
1 month, 3 weeks ago

HC ought to have first shot at deciding pleas challenging 2019 amendment to UAPA, says Supreme Court

The Hindu  

The Supreme Court on Tuesday said petitions challenging the 2019 amendment in the Unlawful Activities Act that confers the Centre with “discretionary, unfettered and unbound powers” to categorise a person as a ‘terrorist’, must be first heard and decided by the High Court. A Bench headed by Chief Justice of India Sanjiv Khanna said the High Court must have the …

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

S.8 UAPA | Intent Of Notifying Place 'Used For Unlawful Association' Is Not To Seize Properties Of Innocent Owners: Delhi High Court
1 year, 1 month ago

S.8 UAPA | Intent Of Notifying Place 'Used For Unlawful Association' Is Not To Seize Properties Of Innocent Owners: Delhi High Court

Live Law  

The Delhi High Court has recently observed that the intent of notifying a place under Section 8 of the Unlawful Activities Act, 1967, is to ensure that it is not used for unlawful activities and is not to seize properties of innocent owners who are neither members of the unlawful association nor involved in unlawful activities.Section 8 of the UAPA …

The Unlawful Activities (Prevention) Act or UAPA works better with UPAPA, UPOPA and UPOOPA - The Hindu
2 years, 4 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 …

Explained: How an organisation is banned under stringent UAPA law
2 years, 6 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 …

UAPA | Individuals Not Members Of Any Terrorist Organization Can Also Be Prosecuted For 'Terrorist Act': Karnataka High Court
2 years, 8 months ago

UAPA | Individuals Not Members Of Any Terrorist Organization Can Also Be Prosecuted For 'Terrorist Act': Karnataka High Court

Live Law  

The Karnataka High Court has said that it is not necessary that a person being prosecuted for "terrorist act" defined under Section 15 of the Unlawful Activities Act, 1967, should be a member of a terrorist organization. It was also contended that under Sections 16, 18 and 20 of the UAP Act any individual who commits terrorist act can be …

'Vague Definition Of Unlawful Activities' : Plea In Supreme Court Challenges Constitutionality Of UAPA Provisions
3 years, 4 months ago

'Vague Definition Of Unlawful Activities' : Plea In Supreme Court Challenges Constitutionality Of UAPA Provisions

Live Law  

Two lawyers and a journalist recently booked with the draconian anti-terror law UAPA by Tripura Police have moved the Supreme Court seeking quashing of FIRs and challenging constitutional validity of several provisions of the Unlawful Activities Prevention Act.The petitioners challenge the constitutional validity of Section 2, Section 13, Section 13 and 43D of the Unlawful Activities Prevention Act. While the …

'Terrorist Acts' Under UAPA Only Deal With Matters Impacting 'Defence Of India' And Not Ordinary Law & Order Problems : Delhi High Court
3 years, 9 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, 9 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 …

UAPA: India's anti-India Act
4 years, 4 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 …

Plea In SC Challenges The Unfettered Power Of Government To Designate An Individual As A Terrorist[Read Petition]
5 years ago

Plea In SC Challenges The Unfettered Power Of Government To Designate An Individual As A Terrorist[Read Petition]

Live Law  

A plea has been filed in the Supreme Court challenging the constitutional validity of the Unlawful Activities Prevention Act, 1967 as well as the Unlawful Activities Amendment Act, 2019. Furthermore, the Petitioner has contended that as section 35 of the UAPA does not specifically lay down powers of the central government in terms of the applicable stage that a person …

New Act UAPA: Absolute power to state
5 years, 5 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, 6 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 …

SC Issues Notice On Plea Challenging Validity Of UAPA Amendment
5 years, 6 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 …

Individuals can now be declared as terrorists: President Kovind gives assent to UAPA amendments
5 years, 7 months ago

Individuals can now be declared as terrorists: President Kovind gives assent to UAPA amendments

India Today  

President Ram Nath Kovind has given assent to a legislation under which individuals can be declared as terrorists and their properties seized, officials said on Friday. India's most wanted, Lashkar-e-Taiba founder Hafiz Saeed and Jaish-e-Mohammad chief Masood Azhar, are likely to be the first two individuals to be designated as terrorists under the legislation, the officials said. Home Minister Amit …

UAPA is against principles of law & justice
5 years, 7 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 …

UAPA (Amendment) Bill 2019 violates the very international laws it quotes, defies principles of natural justice
5 years, 7 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, …

The anti-terror UAPA Amendment Bill 2019 passed in Rajya Sabha as Home Minister Amit Shah leads the charge
5 years, 7 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, 7 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, 7 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. …

UAPA Amendment Bill to be debated in Rajya Sabha today: Draft law fails basic test of elasticity, doesn't safeguard against potential abuse
5 years, 7 months ago

UAPA Amendment Bill to be debated in Rajya Sabha today: Draft law fails basic test of elasticity, doesn't safeguard against potential abuse

Firstpost  

History lesson that this five-decade-old legislation teaches us is that use of UAPA lies in its misuse and one which has taken place across party lines. With the overwhelming majority of the Lok Sabha appearing convinced, only time will tell whether this was the first step towards a more secure India or the last nail in the coffin for free …

Opinion | Aaj Ki Baat July 24 episode: Only Congress can tell why it is opposing amendments to UAPA
5 years, 8 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 …

Essential to keep law enforcement agencies one step ahead of terrorists: Amit Shah on UAPA Amendment Bill
5 years, 8 months ago

Essential to keep law enforcement agencies one step ahead of terrorists: Amit Shah on UAPA Amendment Bill

India TV News  

Home Minister Amit Shah on Wednesday defended Unlawful Activities Amendment Bill, saying it was essential to keep law enforcement agencies one step ahead of terrorists. The Unlawful Activities Amendment Bill was passed in the Lok Sabha after a division with 287 members supporting the bill and eight opposing it. Responding to a debate on a bill which amends the Unlawful …

Mahua Moitra hits out at govt over UAPA Amendment Bill, says draft law is 'anti-federalism, anti-constitutional and anti-people'
5 years, 8 months ago

Mahua Moitra hits out at govt over UAPA Amendment Bill, says draft law is 'anti-federalism, anti-constitutional and anti-people'

Firstpost  

New Delhi: Trinamool Congress MP Mahua Moitra vehemently opposed the Unlawful Activities Amendment Bill, 2019 in the Lok Sabha on Wednesday, raising concerns over the Centre designating individuals as terrorists without due process and urged the Home minister to withdraw the bill. Speaking on the bill, Moitra said that this bill seeks to designate individuals as terrorists without due process. …

Understanding The Unlawful Activities (Prevention) Act, 1967
6 years, 6 months ago

Understanding The Unlawful Activities (Prevention) Act, 1967

Live Law  

Full text of Lecture delivered by Senior Advocate Rebecca M.John at the Delhi High Court in a Seminar entitled "Understanding the Unlawful Activities Act 1967"At the start of the Sino-Indo Conflict on 20th October 1962, a state of Emergency was declared under Article 352 of the Constitution of India, on grounds of external aggression. Nothing in this section shall apply …

Unlawful Activities Act: India's anti-terrorism law's ambiguous nature gives unreasonable power to authorities
6 years, 7 months ago

Unlawful Activities Act: India's anti-terrorism law's ambiguous nature gives unreasonable power to authorities

Firstpost  

The Unlawful Activities Act, 1967 is India’s anti-terrorism law. It reads: " ‘unlawful activity’, in relation to an individual or association, means 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 or the secession of a part …

Offences threatening economic security now under UAPA
12 years, 3 months ago

Offences threatening economic security now under UAPA

The Hindu  

Following an assurance from the Centre that the Unlawful Activities Amendment Bill, 2012 was not targeted against any community, religion or caste, Parliament on Thursday passed legislation that seeks to expand the definition of “terrorist act” by incorporating offences that threaten India’s economic security, including circulation of high value counterfeit currency and financing of terrorist activities. Comparing the legislation to …

Rethink the new UAPA
12 years, 3 months ago

Rethink the new UAPA

The Hindu  

Thanks to robust resistance offered by members of the Upper House, Parliament has bought itself more time to debate the wisdom of adding more draconian provisions to the already twice-amended Unlawful Activities Act. The government pushed through the latest set of amendments in the Lok Sabha overriding objections and demands for greater scrutiny of the Bill, especially in the light …

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