DEMAND FOR REPEAL OF UAPA

DEMAND FOR REPEAL OF UAPA

Context 

  • Leaders from across the political spectrum other than ruling party called for the repeal of UAPA and said there was an urgent need for Opposition parties to unite to fight the ruling party in order to protect the country’s constitutional values. 

Key provisions of UAPA 

  • Definition of Terrorist: Previously, under the Act, the Central government could designate an organization as a terrorist organization if it does any of the following acts:(i) commits or participates in acts of terrorism (ii) prepares for terrorism (iii) promotes terrorism (iv) is otherwise involved in terrorism. But new amendment to act adds the same clauses to individuals, empowering the government to designate an individual as ‘terrorist’ on the same grounds. 
  • NIA can conduct investigations: While the Act specified that terror cases may be investigated by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above, the new amendments to Act in 2019 specifies that NIA officers of the rank of Inspector or above may investigate cases. 
  • Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India. 
  • Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court. 

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