Jamaat-e-Islami Jammu Kashmir: An Unlawful Association

• The outfit Jamaat-e-Islami was first declared an ‘Unlawful Association’ in 2019. 
• Now Jamaat-e-Islami has been declared unlawful for a further period of 5 years under Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967.

Unlawful Activities Prevention Act (UAPA) :

• The UAPA gives powers to the government to probe and prosecute people for acts of terrorism
• To designate an organization as an “unlawful association” or a “terrorist organization”, or an individual as a “terrorist”

Amendments of the Act

• In 2004, the Act was amended for the first time, with “and for dealing with terrorist activities” added to its title. 
• In the aftermath of the 26/11 Mumbai attacks in 2008, another set of amendments broadened the definition of terrorism and introduced longer incarceration and more stringent bail conditions.
• In 2012, the UAPA was further amended to include “economic security” of the country in the ambit of terrorism.
• The 2019 amendment gave the government the powers to designate an individual as a terrorist. Until then, only organizations could be designated as “terrorist”.
• This was criticized as overturning the founding principle of the criminal justice system that presumes innocence until proven guilty for every suspect.

Issues with UAPA

• Low conviction: According to NCRB, between 2018 and 2020, 4,690 arrested only 3% were convicted.
• Sharp Rise in Use:  in the state’s use of UAPA – against tribals in Chhattisgarh, those using social media through proxy servers in Jammu and Kashmir; and journalists in Manipur among others.

Stringent Provision of bail: 

• Highly Discretionary: It confers upon the government broad discretionary powers and also authorizes the creation of special courts with the ability to use secret witnesses and to hold closed-door hearings. 

Ignoring Fundamental Rights: 

• For instance, those arrested under UAPA can be incarcerated up to 180 days without a charge sheet being filed, thus directly violating Article 21 of the constitution. 

Practice Questions for Prelims

Which of the following statements about the Unlawful Activities (Prevention) Act (UAPA) in India is correct?
1. UAPA was enacted in 1967 to prevent the use of unlawful activities for undermining the sovereignty and integrity of India.
2. UAPA allows for the detention of an individual for up to 90 days without filing charges, extendable to 180 days with judicial approval.
3. Under UAPA, the designation of an individual or organization as a “terrorist” can be made solely by the executive branch without judicial review.
4. UAPA primarily deals with the prevention of unlawful assembly and rioting during public demonstrations.

Choose the correct code:
a) 1 and 2 only
b) 2 and 3 only
c) 1,2 and 3 only
d) 1, 2, 3 and 4

Ans. b)

Mains Practice Question

Discuss the implications of the Unlawful Activities (Prevention) Act (UAPA) on civil liberties and national security in India. Evaluate the balance between the need for stringent measures to counter terrorism and the safeguarding of fundamental rights and democratic values. Support your argument with relevant case studies and contemporary examples.

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