The Unlawful Activities (Prevention) Amendment Bill, 2019 that empowers the Union Home Ministry to designate individuals as terrorists was passed in the Rajya Sabha on Friday with the Congress and the BSP supporting the legislation. In the 240-member House, 147 members voted in favour of the Bill and 42 against.
The Centre has banned the separatist leader Yasin Malik – led Jammu Kashmir Liberation Front (JKLF) as an unlawful association under Section 3(1) of Unlawful Activities (Prevention) Act, 1967, a tough anti-terror law that was last amended in 2012 to give sweeping powers to law-enforcement agencies.
- At the start of the Sino-Indo Conflict on 20th October 1962, a state of Emergency was declared under Article 352 of the Constitution of India, on grounds of external aggression.
- During the same time period, a domestic crisis was brewing with Mr. C.N. Annadurai, leader of the Dravida Munnetra Kazhagam’s (DMK) openly advocating his party’s agenda of self-determination, including secession of Tamil Nadu from the Indian Union.
- Consequently, the Central Government introduced the Unlawful Activities (Prevention) Bill, 1967 before the Emergency was to lapse to uphold the sovereignty and integrity of India.
UNLAWFUL ACTIVITIES (PREVENTION) ACT
- The UAPA, 1967 essentially and primarily dealt with “unlawful activity”.
- Section 2(f) defines unlawful activity, as any action by an individual or association which is intended to bring about cession/secession or such action as to disrupt or question the sovereignty and territorial integrity of India.
- Under Section 3 of the UAPA, 1967, the Union Government, on being satisfied that the organizations have become Unlawful can declare them as Unlawful Associations.
- Under Section 35 of UAPA, 1967, the Union Government on being satisfied that the organization is involved in terrorism can add the organizations to the First Schedule of UAPA.
- The Act was amended in 2012 to make it more effective in preventing unlawful activities, and meet commitments made at the Financial Action Task Force (an intergovernmental organisation to combat money laundering and terrorism financing).
Image Credits: https://www.morningkashmir.com/2019/07/24/lok-sabha-passes-the-unlawful-activities-prevention-amendment-bill-2019/
Source: The Hindu