Unlawful Activities (Prevention) Act
|The Unlawful Activities (Prevention) Act, 1967|
|An Act to provide for the more effective prevention of certain unlawful activities of individuals and associations and for matters connected therewith.|
|Citation||Act No. 37 of 1967|
|Territorial extent||The whole of India|
|Enacted by||Parliament of India|
|Date assented to||30 December 1967|
1. The Unlawful Activities (Prevention) Amendment Act, 1969 (24 of 1969).
Unlawful Activities (Prevention) Act is an Indian law aimed at effective prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.
The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, the aspect of putting reasonable restrictions in the interests of the sovereignty and integrity of India. Pursuant to the acceptance of recommendations of the Committee, the Constitution (Sixteenth Amendment) Act, 1963 was enacted to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India. In order to implement the provisions of 1963 Act, the Unlawful Activities (Prevention) Bill was introduced in the Parliament.
Pursuant to the acceptance by Government of a unanimous recommendation of the Committee on National Integration and Regionalism appointed by the National Integration Council, the Constitution (Sixteenth Amendment) Act, 1963, was enacted empowering Parliament to impose, by law, reasonable restrictions in the interests of sovereignty and integrity of India, on the:
- Freedom of Speech and Expression;
- Right to Assemble peaceably and without arms; and
- Right to Form Associations or Unions.
The object of this Bill was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The Bill was passed by both the Houses of Parliament and received the assent of the President on 30 December 1967. The Amending Acts are as follows:
- The Unlawful Activities (Prevention) Amendment Act, 1969;
- The Criminal Law (Amendment) Act, 1972;
- The Delegated Legislation Provisions (Amendment) Act, 1986;
- The Unlawful Activities (Prevention) Amendment Act, 2004,
- The Unlawful Activities (Prevention) Amendment Act, 2008
- The Unlawful Activities (Prevention) Amendment Act, 2011
This last Amendment was enacted after POTA was withdrawn by the Parliament. However, in the Amendment Act in 2004, most of provisions of POTA were re-incorporated. In 2008, after Mumbai attacks, it was further strengthened. The most recent amendment has been done in 2011. According to the statement of objects and reasons, the Bill amends the Unlawful Activities (Prevention) Act, 1967 to make it more effective in preventing unlawful activities, and meet commitments made at the Financial Action Task Force (an intergovernmental organization to combat money laundering and terrorism financing).
The Act makes it a crime to support any secessionist movement, or to support claims by a foreign power to what India claims as its territory. It includes the following:
- (o) unlawful activity, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),
- (i) 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 of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or
- (ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or
- (iii) which causes or is intended to cause disaffection against India.
Notable arrests made under the act
- Indian Maoist Kobad Ghandy was charged with UAPA in 2009.
- Mehdi Masroor Biswas, who was accused of supporting ISIL by running a pro-ISIL Twitter account.
- Prevention of Terrorism Act, 2002
- Case of Abdul Nazer Mahdani in Kerala arrested who has been arrested under UAPA act 2011
- "UAPA, 1967 at NIA.gov.in" (PDF). NIA. Retrieved 28 December 2012.
- "The Unlawful Activities (Prevention) Act" (PDF). Nia.gov.in.
- "PRS | Bill Track | The Unlawful Activities (Prevention) Amendment Bill, 2011". www.prsindia.org. Retrieved 2016-08-15.