THE AMENDMENTS IN UAPA -2019-EDUMYRA
Rajya Sabha passed Amendment in Unlawful Activities Prevention Act-1967 on 2nd August 2019, which was the need of the hour keeping in mind the current mood of terrorism in India.
Unlawful Activities Prevention Act was passed in Rajya Sabha on 2nd August 2019 which was earlier passed in the lower house or Lok Sabha of the Indian Judiciary system. The purpose of this bill is to provide a special procedure to deal with terrorist activities. Government pushed the amendment as it is now a need to enact oppressively harsh to counter terrorism in India, after incidents like Uri, Kashmir, 26/11, Mumbai blasts and Pulwama our country had taken enough hits, although surgical strike and air strike provides the current mindset of India against terrorism, being on that note Indian Judicial system need more freedom to act against terrorism, which can be provided through the latest amendment in the UAPA Act.
For the motion-
- There is a need to act tough on terrorism amid growing threats from terrorists. So, strengthening UAPA is necessary.
- Till now, only organizations were designated as terrorist organizations, but not individuals. The loophole in this is the individuals of the banned organizations are forming new organizations and are carrying terror activities. This amendment bill for Unlawful Activities (Prevention) Act allows the government to designate individuals as terrorists; thereby terror attacks can be prevented.
- To prevent the violation of human rights, four-stage scrutiny is added. Designating individuals as terrorists is not started by India. US, European Union, China also has this provision.
- There is a growing threat of lone-wolf terrorism. Lone wolf terrorists do not have any association with terrorist organizations, but they commit terror attacks alone by themselves. This new amendment to UAPA has the potential to curb lone wolf terrorism too if no links are proven.
Against the motion-
- This bill provides more police powers to the central government. The provision of naming individuals as terrorists can be misused. For example, recently several civil activists are termed as Urban Naxals. If anyone opposes the government, they will be vulnerable to be framed as terrorists. Because this amendment made it easier to label anyone as a terrorist.
- Labeling organizations as terror organizations and labeling individuals as terrorists are quite different. If a person is named as a terrorist, he/she will face social exclusion and will be devoid of livelihood opportunities even if he/she proved otherwise. The consequences will be irreversible. For example, in 2016 alone 67% of the cases ended in acquittal, which means they are probably innocent.
- If someone is booked under UAPA, the burden of proving their innocence is on them. This new amendment is enabling the government to seize their properties. Then how will they pay for legal expenses to prove their innocence, if they are falsely accused?, as there will no legal assistance provided to the accused.
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Source - Edumyra
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