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UPSC Dictionary

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India's 'Neighbourhood First' policy prioritizes relations with SAARC nations, while 'Act East' focuses on ASEAN engagement.

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UPSC Dictionary

Unlawful Activities (Prevention) Act, 1967

The Unlawful Activities (Prevention) Act, 1967 (UAPA) is India's primary anti-terror law, enacted to provide for the effective prevention of certain unlawful activities of individuals and associations that threaten the country's sovereignty and territorial integrity. It was originally enacted on December 30, 1967, following the recommendation of the Committee on National Integration, to tackle secessionist movements and anti-national activities, such as those seen after the Naxalbari uprising. In its initial form, the UAPA did not deal with terrorism.

The Act's mechanism was significantly altered in 2004 when it was expanded to incorporate anti-terror provisions after the repeal of the Prevention of Terrorism Act, 2002 (POTA). This amendment added Chapter IV on "Punishment for Terrorist Activities" and introduced the definition of a "terrorist act" under Section 15. The UAPA connects to the National Investigation Agency (NIA), which is empowered to investigate and prosecute cases under the Act. A key provision is Section 43D(5), which makes bail extremely difficult by restricting a court from granting it if the accusation is considered prima facie true.

The Act has changed recently with the Unlawful Activities (Prevention) Amendment Act, 2019. This amendment empowered the Central Government to designate an individual as a terrorist, a power previously limited to only organisations. The 2019 amendment also empowered the Director General of the NIA to approve the seizure of property connected with terrorism and allowed NIA officers of the rank of Inspector and above to investigate cases. The core focus on preventing activities that question India's sovereignty and integrity, as defined in the original Act, has stayed the same, but the scope has broadened to include stringent anti-terror measures.

References

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