Unlawful Activities (Prevention) Act
Encyclopedia
Unlawful Activities Act is India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

n law aimed at effective prevention of unlawful activities associations in India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...

.

The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the interests of the sovereignty and integrity of India. Pursuant to the acceptance of recommendations of the Committee, the Constitution (Sixteenth Amendment) Act, 1963 was enacted to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India. In order to implement the provisions of 1963 Act, the Unlawful Activities (Prevention) Bill was introduced in the Parliament.

History

Pursuant to the acceptance by Government of a unanimous recommendation of the Committee on National Integration and Regionalism appointed by the National Integration Council, the Constitution (Sixteenth Amendment) Act, 1963, was enacted empowering Parliament to impose, by law, reasonable restrictions in the interests of sovereignty and integrity of India, on the:
  1. Freedom of Speech and Expression;
  2. Right to Assemble peaceably and without arms; and
  3. Right to Form Associations or Unions.


The object of this Bill was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The Bill was passed by both the Houses of Parliament and received the assent of the President on 30th December 1967. The Amending Acts are as follows:
  1. The Unlawful Activities (Prevention) Amendment Act, 1969;
  2. The Criminal Law (Amendment) Act, 1972;
  3. The Delegated Legislation Provisions (Amendment) Act, 1986;
  4. The Unlawful Activities (Prevention) Amendment Act, 2004,
  5. The Unlawful Activities (Prevention) Amendment Act, 2008


This last Amendment was enacted after POTA
Prevention of Terrorist Activities Act
The Prevention of Terrorist Activities Act was an anti-terrorism legislation enacted by the Parliament of India in 2002. The act replaced the Prevention of Terrorism Ordinance of 2001 and the Terrorist and Disruptive Activities Act , and was supported by the governing National Democratic Alliance...

 was withdrawn by the Parliament. However, in the last Amendment Act, 2004, most of provisions of POTA were incorporated, thus making it equally draconian. In 2008, after Mumbai attacks
2008 Mumbai attacks
The 2008 Mumbai attacks were more than 10 coordinated shooting and bombing attacks across Mumbai, India's largest city, by Islamist attackers who came from Pakistan...

, it was further strengthened.

Criticism

On 14 May 2007, prominent doctor and human rights defender Dr Binayak Sen
Binayak Sen
Binayak Sen is an Indian pediatrician, public health specialist and activist. He is the national Vice-President of the People's Union for Civil Liberties .He has been accused of sedition by the Chhattisgarh Government...

 was arrested under this act by the Chhattisgarh
Chhattisgarh
Chhattisgarh is a state in Central India, formed when the 16 Chhattisgarhi-speaking South-Eastern districts of Madhya Pradesh gained separate statehood on 1 November 2000....

 government. This raised a lot of criticism of this act again and 22 Nobel Prize
Nobel Prize
The Nobel Prizes are annual international awards bestowed by Scandinavian committees in recognition of cultural and scientific advances. The will of the Swedish chemist Alfred Nobel, the inventor of dynamite, established the prizes in 1895...

 winners wrote to the Indian Government in response for the release of Dr. Sen, arguing that "he is charged under two internal security laws that do not comport with international human rights standards”.

Ajay TG, an Independent Film maker and Journalist is also arrested under same act.

Indian Maoist
Naxalite-Maoist insurgency
The Naxalite-Maoist insurgency is an ongoing conflict between Maoist groups, known as Naxalites or Naxals, and the Indian government.In 2006 Prime Minister Manmohan Singh called the Naxalites "The single biggest internal security challenge ever faced by our country."...

 Kobad Ghandy
Kobad Ghandy
Kobad Ghandy is an Indian communist and Maoist leader. He is a member of the banned Communist Party of India-Maoist. Maoists are also referred as naxalites in the media...

was charged with UAPA in 2009.

External links

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