What is Unlawful Activities (prevention) Act ?

Let's get straight to the definition that says " An act for more effective prevention of certain unlawful activities of individual and association and for matter concerned therewith,". 
What is Unlawful Activities (prevention) act ? UPSC


The act assented on 30th December ,1967 and amended 6 times till now. The recent 2019 amendment remain matter of concerned for many intellectuals, which we'll discuss further. Before that lets know "what exactly UAPA act says..?

It extends to whole of India. The act defined ''unlawful activities" and "unlawful association" broadly. As per the act "unlawful activities", whether an individual or association ,means any action taken by such individual or association (whether by words, either spoken or written,or by signs or by visible representation) intended to disrupt the soverginity and territorial integrity of India.
"Unlawful association" means any association, which has for its object any unlawful activity, or which encourage or aids person to undertake any unlawful activity.

After defining characteristics , the act also led down the procedure of declarment ," how government declared an association unlawful..?
As per act if Central government is of opinion that any association indulge in "unlawful association" and "unlawful activities" , the government maybe notification in the official gazette,declare such association to be unlawful.

In accordance with UAPA amendment act,2019 government can detained individual also , if the person indulge in "unlawful association" or "unlawful activities".

Tribunal and punishment:-

Where any association or individual has been declared unlawful by a notification issued, the central government under 30 days from the date of publication of notification refer to a tribunal.

As per 2019 amendment individual can appeal to home secretary,who will have to dispose the appeal in 45 days. Individual can appeal against it in a review committee made by centre.

Punishment ranges from 2 to 7 year jail to fine.

Conflict behind Unlawful Activities (prevention) amendment act,2019

Already this kind of law exists in Europe, USA, China and Israel then what makes it questionable ? 
It gives enermous amount of power to central government that can lead to arbitrary detention . Many research scholars, tribal dalit leaders were detained in past.

This bill empowers NIA(National Investigation Agency) to conduct raids anywhere without state permission can lead to misuse of act by ruling party.
Under the law personal/financial information of an individual notified under act can be shared with various western agencies.

Notable arrests under Unlawful Activities (prevention) act

Binayak Sen, doctor & activist

Kobad Ghandy, Maoist leader

Gaur Chakraborty

Shoma Sen , professor (2018)

Mahesh Raut , tribal activist (2018)

Surendra Gadling , Dalit and tribal rights lawyer (2018)

Sudha Bharadwaj , tribal rights worker (2018)

Rona willson, Research scholar

Gautam Navalakha,2018

Akhil Gogoi, activist (2019)







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