Increase in UAPA Cases

 As per data from Ministry of Home Affairs (MHA), there is an increase of over 72% in number of persons arrested under Unlawful Activities [Prevention] Act (UAPA) in the year of 2019, when compared to 2015. ·

 Highest number of registered UAPA cases were in Manipur (306), followed by Tamil Nadu (270), Jammu & Kashmir (255). · Highest number of arrests were made in Uttar Pradesh (498), Manipur (386), Tamil Nadu (308). 

• · Only 2.2 % of cases registered under the UAPA between 2016-2019 ended in convictions by court. 

Unlawful Activities [Prevention] Act, 1967 – Key Provisions ·

•  Jurisdiction: Applicable throughout India. o Both Indian (even abroad) and foreign National can be charged under UAPA, irrespective of the location of crime. 
• · Unlawful activity refers to any action taken (or intended to be done) by an individual or association through act, words, signs disrupting territorial integrity and sovereignty of India. 
• · Central Government (CG), through a notification in Gazette, can declare an association to be unlawful. · CG had to refer above notification to Unlawful Activities [Prevention] tribunal to adjudicate on the sufficiency of the cause for declaring the association unlawful. 
• · Under UAPA, the investigating agency has up to 180 days to file a charge sheet

2019 Amendment of UAPA – Changes brought in 

• · An organization can be designated as terrorist organization if participates in acts of terrorism (or) prepares for terrorism (or) promotes terrorism. · An individual can also be designated as a Terrorist on grounds mentioned above. 
• · Properties connected with Terrorism can be seized by both an investigating officer of State Police (or) by an officer of National Investigative Agency (NIA) – both require prior approval of DGP (or) DG-NIA respectively. 
• · Empowers officers of NIA of rank of Inspector and above to investigate cases under UAPA (in State Police, officers of rank of Deputy Superintendent or Assistant Commissioner can investigate). 
• · Acts committed within the scope of International Convention for Suppression of Acts of Nuclear Terrorism is also included under definition of Terrorism – UAPA covers 9 such treaties.