GS PAPER II: Functions and Responsibilities of the Union and the States, Issues and Challenges Pertaining to the Federal Structure, Devolution of Powers and Finances up to Local Levels and Challenges Therein.

Context: Delhi HC calls out misuse of UAPA, raises bar for State to slap terror tag. It is the first instance of a court calling out alleged misuse of the UAPA against individuals in cases that do not necessarily fall in the category of "terrorism" cases.

• According to data provided by the Ministry of Home Affairs in Parliament in March, a total of 1126 cases were registered under UAPA in 2019, a sharp rise from 897 in 2015.
• Section 15 of the UAPA defines “terrorist act” and is punishable with imprisonment for a term of at least five years to life. In case the terrorist act results in death, the punishment is death or imprisonment for life.

About UAPA Act:

• This law is aimed at prevention of unlawful activities associations in India.
• Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The Act provides special procedures to deal with terrorist activities, among other things.

Who can be designated as terrorist?

• Under the Act, the central government may designate an organisation as a terrorist organisation if it:

(i) commits or participates in acts of terrorism,

(ii) prepares for terrorism,

(iii) promotes terrorism, or

(iv) is otherwise involved in terrorism. 

It empowers the government to designate individuals as terrorists on the same grounds. 

Approval for seizure of property by NIA:

• Under the Act, an investigating officer is required to obtain the prior approval of the Director General of Police to seize properties that may be connected with terrorism.
• 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.

Investigation by NIA:

• Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above.
• It empowers 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, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979) and International Convention for Suppression of Acts of Nuclear Terrorism (2005).

https://indianexpress.com/article/explained/delhi-high-court-calls-out-misuse-of-uapa-raises-bar-for-state-to-slap-terror-tag-7360779/

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