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 08-May-2025

Unlawful Activities (Prevention) Act (UAPA)

Indian Polity

Why in News? 

The Delhi High Court raised concerns over the application of the UAPA to two individuals accused in the 2023 Parliament protest, emphasizing that while the protest was significant, it did not necessarily qualify as a terrorist act. 

About Unlawful Activities (Prevention) Act (UAPA) 
Evolution of UAPA 

  • 1966 - UAPA Ordinance Issued: The Unlawful Activities (Prevention) Ordinance was issued by the President on June 17, 1966, to curb unlawful activities by individuals and organizations, later leading to the formal enactment of the UAPA in 1967. 
  • 1967 - Inception: UAPA was formally enacted to prevent unlawful activities threatening national security, allowing the banning of organizations. 
  • 1985 - Expanded Focus: Amended to address extremism and secessionist movements, broadening the scope of unlawful activities. 
  • 2004 - Anti-Terrorism Provisions: UAPA was amended to specifically address terrorism after the repeal of TADA (1987) and POTA (2002), which were temporary laws targeting terrorism. 
  • 2008 - Post-26/11 Amendments: The definition of terrorism was expanded, with stricter incarceration and bail conditions introduced. 
  • 2012 - Economic Security: Economic security was included as part of terrorism, with counterfeit currency smuggling designated as a terrorist act. 
  • 2019 - Empowerment to Designate Individuals: The amendment allowed the government to designate individuals as terrorists and added provisions for cyber-terrorism and financing. 

 

Overview 

  • The UAPA was introduced to more effectively prevent specific unlawful activities by individuals and organizations, address terrorist acts and manage related issues.  
  • Unlawful activities under the Act include supporting or inciting the separation or secession of any part of India, or challenging or disrespecting its sovereignty and territorial integrity. 
  • The National Investigation Agency (NIA) is empowered by the UAPA to investigate and prosecute cases at the national level.  
  • Additionally, the Director-General of NIA has the authority to approve the seizure or attachment of property during an investigation by the agency.