Contents:

1. ‘Jamaat-e-Islami Jammu Kashmir’ declared as an ‘Unlawful Association’

‘Jamaat-e-Islami Jammu Kashmir’ Declared as an ‘Unlawful Association’

Focus: GS II: Polity and Governance

Why in News?

The Government of India has declared ‘Jamaat-e-Islami Jammu Kashmir’ as an ‘Unlawful Association’ for a further period of 5 years.

The declaration was made under Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA) 1967.

The organisation is found continuing its activities against the security, integrity and sovereignty of the nation.

The Unlawful Activities (Prevention) Act (UAPA), 1967

• The Unlawful Activities (Prevention) Act (UAPA) of 1967 is an upgrade on the Terrorist and Disruptive Activities (Prevention) Act TADA (which lapsed in 1995) and the Prevention of Terrorism Act – POTA (which was repealed in 2004).
• 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.
• The agenda of the NIC limited itself to communalism, casteism and regionalism and not terrorism.
• However, the provisions of the UAPA Act contravenes the requirements of the International Covenant on Civil and Political Rights.

Unlawful Activities Prevention Amendment Bill, 2019

• The original Unlawful Activities Prevention Act, 1967, dealt with “unlawful” acts related to secession; anti-terror provisions were introduced in 2004.
• It provides special procedures to deal with terrorist activities, among other things.

Key Provisions of the Amendment

• The Bill amends the Unlawful Activities (Prevention) Act, 1967 (UAPA) and additionally empowers the government to designate individuals as terrorists on the same grounds.
• Under the Act, the central government may designate an organisation as a terrorist organisation if it:
  • commits or participates in acts of terrorism
  • prepares for terrorism
  • promotes terrorism
  • is otherwise involved in terrorism
• The word “terror” or “terrorist” is not defined.
• However, a “terrorist act” is defined as any act committed with the intent –
  • to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India
  • to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country
• The central government may designate an individual as a terrorist through a notification in the official gazette.
• The Bill empowers the officers of the National Investigation Agency (NIA), of the rank of Inspector or above, to investigate cases.
• Under the Act, an investigating officer can seize properties that may be connected with terrorism with prior approval of the Director General of Police.