The history of the Unlawful Activities (Prevention) Act (UAPA) also known as Anti-Terror Law can be traced back to the Criminal Law Amendment Act of 1908 during the British Empire which was being used during colonial period to dismantle Indian freedom movement by prosecuting the leaders. After independence, a committee was constituted on National Integration and Regionalization by the National Integration Council to recommend on the restrictions which can be put in place to safeguard the integrity and sovereignty of India.

Following the acceptance of its recommendations, the Constitution (Sixteenth Amendment) Act, 1963 was enacted. It empowered the Parliament to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India, on the –

• Freedom of speech and expression
• Right to assemble peaceably and without arms; and
• Right to form associations or unions

To implement the recommendations, sixteenth amendment was brought in the Constitution which paved the way for Unlawful Activities (Prevention) Bill, introduced in Parliament and was passed in 1967 during the fifth Lok Sabha. It bestowed the power on the Central Government to ban any organizations which was being done by the Criminal Law Amendment Act of 1908 till then. According to the Statement of Objects and Reasons of that Bill, the object of the Bill is to make powers available for dealing with activities directed against the integrity and sovereignty of India. After passing by both the Houses of Parliament, it received the assent of the President on the 30th September 1967. It was subsequently amended in 1969, 1972, 1986, 2004, and 2008. The most recent and the most controversial amendment was introduced in 2019 by which the Government can now designate any individual as terrorist.

Need of UAPA:

In the middle of the 1960s, the Union government was considering enacting strict legislation prohibiting demands for secession. A peasant rebellion in Naxalbari in March 1967 created a sense of urgency. To deal with it, the President issued the Unlawful Acts (Prevention) Ordinance in June 1966.

Preamble of the UAPA:

According to the Preamble of UAPA, it seeks to provide for the more effective prevention of certain unlawful activities of individuals and associations and dealing with terrorist activities and for matters connected therewith. The Preamble was amended through the 2008 Amendment Act. It recalls a number of UN Security Council Resolutions requiring all the States to take measures to combat international terrorism – take action against certain terrorists and terrorist organisations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the Schedule. The Central Government, in exercise of the powers conferred by section 2 of the United Nations (Security Council) Act, 1947 has made the Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, 2007. According to the Preamble of ULAPA, it was considered necessary to give effect to the above Resolutions and the Order and to make special provisions for the protection of, and for coping with, terrorist activities and for matters connected therewith.

Objects of UAPA:

The objective of the Unlawful Activities (Prevention) Act, 1967 is to provide for the more effective prevention of certain unlawful activities of individuals and associations and for matters connected therewith.

Salient Features of the UAPA:

• The Act gives special procedures to handle terrorist activities, among other things. It aims at the effective prevention of unlawful activities associations in India.
• 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, comprising of the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979). The Bill adds another treaty to this list namely, the International Convention for Suppression of Acts of Nuclear Terrorism (2005).
• Under Section 3(1) of the Act, the union government may proclaim or designate an organization 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.
• The 2019 Amendment empowers the government to designate individuals as terrorists on the same grounds.
• The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
• Under Section 1 of the Act, both Indian and foreign nationals can be charged. The offenders will be charged in the same manner whether the act is performed in a foreign land, outside India.
• UAPA has the death penalty and life imprisonment as the highest punishments.
• As per 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. By 2019 Amendment, 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.
• Under the provisions of the Act, investigation of cases can be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. 2019 amendment empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.

Scheme of UAPA:

There are 7 Chapters, 53 Sections and 4 Schedules in the Act.

Chapter No.	Name of Chapter
I	Preliminaries
II	Unlawful Associations
III	Offences and Penalties
IV	Punishment for Terrorist Activities
V	Forfeiture of Proceeds of Terrorism or Any Property Intended to be Used for Terrorism
VI	Terrorist Organizations
VII	Miscellaneous

Extent and Applicability of Act:

• Section 1 of the Act, deals with the extent and applicability of the Act.
• According to Clause (2) of Section 1 of the act, the Act extends to the whole of India.
• According to Clause (3) of Section 1 of the act, every person shall be liable to punishment under this Act for every act or omission contrary to the provisions thereof, of which he is held guilty in India.
• According to Clause (4) of Section 1 of the act, any person, who commits an offence beyond India, which is punishable under this Act, shall be dealt with according to the provisions of this Act in the same manner as if such act had been committed in India.
• According to Clause (5) of Section 1 of the act, the provisions of this Act apply also to–

(a) citizens of India outside India;
(b) persons in the service of the Government, wherever they may be; and
(c) persons on ships and aircrafts, registered in India, wherever they may be.

Conclusion:

The Act empowered the Parliament to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India, on the freedom of speech and expression; on the right to assemble peaceably and without arms; and on the right to form associations or unions. Its object is to provide for the more effective prevention of certain unlawful activities of individuals and associations and for matters connected therewith. It is one of the most criticized and misused Act.