Muslim League Jammu Kashmir (Masarat Alam faction)’/MLJK-MA

Unlawful Activities Prevention Act (UAPA)

Purpose:

• Combat secessionist movements and anti-national activities within India.

• Address terrorism through prevention, investigation, and prosecution.

Key features:

• Broad scope: Covers activities that threaten India's sovereignty, territorial integrity, unity, security, or economic stability.

• Harsher penalties: Includes the death penalty and life imprisonment for terrorist acts.

• Extended detention: Allows for holding suspects without charges for up to 180 days.

• Strict bail conditions: Bail can be denied unless the court is convinced the accused is not guilty

• Flexible definition of terrorism: Encompasses acts causing harm or disruption, targeting individuals, property, or the nation itself.

• Individual designation: Empowers authorities to label individuals as terrorists without judicial proceedings.

• National reach: National Investigation Agency (NIA) has nationwide jurisdiction to investigate and prosecute UAPA cases.

Amendments:

• Originally enacted in 1967, the Act has undergone several updates, most recently in 2019, to address evolving threats like terrorist financing and cyber-terrorism.

Criticisms:

• The broad scope and strict measures raise concerns about potential misuse and violation of civil liberties.

• The detention provisions and bail restrictions have been criticized for being unfair and undermining due process.

Overall:

The UAPA is a powerful tool for combating terrorism and protecting national security, but its application requires careful consideration to ensure it safeguards individual rights and operates within legal and ethical bounds.