Context Of Unlawful Activities Prevention Act
Recently, it has been in the news, when the Supreme Court of India denied bail to an alleged
Khalistani in the matter of Unlawful Activities Prevention Act. In most cases, Bil is a rule and jail
an exception but in the Unlawful Activities Prevention Act, Bail is an exception and jail a norm.
Under Section 43D (5) of 2005, the burden of presenting proof is shifted onto the accused
instead of the police or investigative agency who arrests.
What Is the Unlawful Activities Prevention Act?
On 17th of June 1966, a Promulgation of Ordinance was passed. But as Parliament was upset
with it, it was dropped and a fresh Unlawful Activities Prevention Act was passed in 1967. The
Unlawful Activities Prevention Act is also known as Anti Terror Law. Under the Unlawful
Activities Prevention Act, the National Investigation Agency investigates and prosecutes.
Provisions And Problems Of Unlawful Activities Prevention Act?
The Unlawful Activities Prevention Act checks both terror financing as well as cyber financing.
But three problems are associated with this act:
1. Low conviction rate i.e. approx 3% which implies that most people booked under this are
not guilty.
2. The definition under this act is subjective and not clear which gives the authority an
upper hand to book anyone under this.
3. No judicial review is possible under this act.
What Can Be Done?
Following are the few steps that can be taken to strengthen the justice under this law:
1. Proper and clear definition of the Unlawful Activities Prevention Act.
2. There should be timely trials under this act as bail is not granted to the alleged.
3. There should be an oversight mechanism to make sure this act is not misused.
References:
https://www.nextias.com/ca/current-affairs/30-11-2023/daily-current-affairs-30-11-2023
