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India has a ‘Zero Tolerance Approach’ towards terrorism. It has been historically affected by this menace due to its multicultural identity and strategic geopolitical location. To tackle it, the Unlawful Activities (Prevention) Act was passed in 1967. Later by an amendment in 2004 it became India’s primary anti-terror law. It has provisions for special investigation and prosecution of terrorists for speedy redressal and ensuring national security. In 2019, it was again amended to give powers to the Central Government to designate individuals as terrorists without trial. The chief terror investigating agency i.e. National Investigation Agency was also given power to investigate terror related offences in States without having to seek their permission. The law has been controversial for its use to curb dissent and the judiciary has struck a balance in ensuring national security and freedom of speech for individuals.
Terrorism means acts committed with the objective of seriously intimidating a population, destabilising or destroying structures of a country or international organisation or making a government abstain from performing actions. Data compiled by the US state department shows that India faced more terrorist attacks in 2020 than the previous year. The US data reveals that the states in India that experienced the most terror incidents were Jammu and Kashmir with 257 incidents (37.8%), Chhattisgarh with 145 incidents (21.4%), and Jharkhand with 69 incidents (10.2%). A multi-cultural, liberal and democratic country like India, given its geopolitical situation, is particularly vulnerable to acts of terror.
UAPA, 1967 is also called the ‘anti-terror law’. It is aimed at tackling activities threatening the integrity and sovereignty of India. UAPA provides special procedures to deal with terrorist activities, among other things. It became India’s main terror law in 2004 after inclusion of provisions from the repealed Prevention of Terrorism Act, 2002. It was only then that the offence of ‘terrorism’ was added to be prosecuted under it.
Terrorism is the planned, organized and systematic use of violence as a means of coercion for political, religious or ideological purposes. It is also sometimes supported by external forces like the Mumbai Terror Attacks in 2008, Khalistan Movement in Punjab and J&K separatist movement get support from Pakistan across the border. Hence comprehensive initiatives have to be taken to nab the perpetrators under the UAPA Act, cut off their monetary supply and training facilities and lastly bring deep and lasting peace through development and welfare initiatives.
Supreme Court has struck a balance in upholding the security of the State and fundamental rights of Citizens. In the KA Najeeb Case (2021) bail was granted on the grounds that the accused was under arrest for a long time and the trial was still far from being concluded. The Delhi High Court has stated that mere protests should not be considered to be terrorist activities. UAPA should not be used to repress dissent indiscriminately.
If seditious statements are made then prosecution should be for that, and not under UAPA where extraordinary powers are given to the police. Sanctity and restrained use of UAPA provisions is important to maintain its efficacy and expeditious trials for actual terrorists in the country. It must be ensured that, in the interests of justice and security, the measures and provisions to combat terrorism do not go beyond what is essential.
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