In response to the evolving global security landscape and the persistent threat of terrorism, the Indian Government has undertaken significant amendments to its legislative framework, particularly focusing on reinforcing the Unlawful Activities (Prevention) Act (UAPA), 1967, and the National Investigation Agency (NIA) Act. These recent modifications mark a crucial step in bolstering the nation’s ability to combat terrorism effectively. The prevailing security environment, characterized by transnational threats and emerging challenges, necessitates a robust legal framework that empowers law enforcement agencies to respond swiftly and decisively. The amendments to the UAPA and the NIA Act aim to enhance the investigative and prosecutorial capacities, streamlining the process of dealing with terror-related activities and organizations.
However, the strengthened anti-terrorism laws have not been without controversy, drawing significant opposition from human rights organizations. Critics argue that the expanded powers granted under the amended UAPA might compromise individual liberties and potentially lead to wrongful targeting and detention. The scope of the legislation has raised concerns about the potential misuse of authority and the erosion of due process rights. Human rights advocates emphasize the importance of balancing national security imperatives with the protection of fundamental rights, expressing reservations about the potential for abuse inherent in such broad and powerful legal tools. Understanding the nuanced concerns of these organizations is vital for fostering a comprehensive and effective counter-terrorism strategy that respects the principles of justice and human rights.
Tag: Role of external state and non-state actors, in creating challenges to internal security. Challenges to internal security through communication network, role of media and social networking sites in internal security challenges, basic of cyber security, money laundering and its prevention.
Decoding the Question:
- In the Introduction, define terrorism or start with the context of the UAPA and NIA act
- In Body,
- Describe changes made in the UAPA Act and NIA Act.
- Justify the need for changes in the prevailing security environment.
- Scope and reasons for opposing the UAPA act by human rights organizations.
- Try to conclude the answer by balancing between national security and fundamental rights.
Answer:
The Union Government by amending NIA Act and UAPA Act seeks to provide more powers to India’s anti-terror agency and expand the scope of India’s anti-terror law, thereby providing a big push to India’s internal security machinery.
Under the UAPA Act, the Central Government can designate an organization as a terrorist organization if it commits or participates in acts of terrorism; promotes terrorism; or is otherwise involved in terrorism. Currently, only an organization can be declared a terrorist. The amendment allows the government to designate individuals suspected to have terror links as ‘terrorists’. Likewise, the amendment to the NIA Act widens the powers of the National Investigation Agency (NIA) to investigate crimes related to human trafficking, counterfeit currency, dealing in prohibited arms, and cyber-terrorism. These were earlier under State police. NIA can also investigate a crime irrespective of its place of occurrence.
Amendments made in the UAPA Act:
- Designating individuals as terrorists: Under the Act, the central government may designate an organization as a terrorist organization if it commits, prepares for, promotes terrorism, or is involved in terrorism. Now, UAPA allows the government to declare individuals as terrorists.
- Approval for seizure of property by NIA: If the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director-General of NIA would be required for seizure of such property.
- An investigation by NIA: Now the officers of the NIA, of the rank of Inspector or above, to investigate cases.
- Insertion to schedule of treaties: The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The Schedule lists nine treaties. The amendment added another treaty to this list which is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).
The amendment to National Investigation Agency (NIA) Act, 2008:
- Scheduled offenses: The offenses under investigation include- human trafficking, offenses related to counterfeit currency or bank notes, manufacture or sale of prohibited arms, cyber-terrorism, and offenses under the Explosive Substances Act, of 1908.
- Jurisdiction of the NIA: The power to investigate scheduled offenses committed outside India, subject to international treaties and domestic laws of other countries.
- Special Courts: The central government may designate Sessions Courts as Special Courts for the trial of scheduled offenses. The central government is required to consult the Chief Justice of the High Court under which the Sessions Court is functioning, before designating it as a Special Court.
However, human rights organizations allege that these amendments violate basic human rights and seek to create a police state.
- The UAPA does not clearly define a ‘terrorist act’.
- The presumption of innocence is considered a universal human rights principle but the UAPA creates a presumption of guilt for terrorist offences based on the seized evidence.
- Moreover, there is no set procedure for designation as a terrorist. By excluding the judiciary and empowering the executive to designate, it dilutes the difference between a terrorist and a terror accused.
- Similarly, the term ‘affecting the interest of India’ in the NIA Act is undefined and civil society fears that it can be used to curb freedom of speech and expression.
- Against human values: But naming some as terrorists will lead to social boycotts, expulsions from jobs, media trials, etc. will lead to the death of social life.
- Against privacy and liberty of individuals: The act interferes in persons’ privacy and liberty contravening against the fundamental right to privacy and personal liberty
Thus, though the changes are required to meet the prevailing security environment, the policy framework dealing with terrorism must incorporate the state’s duty to protect against human rights abuses and greater access of victims to remedies. Apart from dealing with terrorism, emphasis should be on improving the functioning of the police force and making India’s judicial mechanism faster.
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