UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT BILL, 2019

Prelims level : Polity Governance- Parliament P3 Mains level : Challenges to internal security through communication networks, role of Media and Social Networking Sites in internal security challenges, basics of cyber security; Money- Laundering and its Prevention.
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Context– The UAPA Bill that seeks to allow an individual suspected to have terror links to be designated a terrorist

Features:

  • The Bill, seek “to introduce fourth schedule to add or remove the name of individual terrorists. will allow the Central government to designate individual terrorist and bring in embargo on arms/assets seizures. The individual however can appeal against the inclusion of his/her name and seek a hearing before the review committee, constituted by the Central government under UAPA.

Issues with new UAPA Bill:

  • In the name of tackling terror, fundamental rights of an individual can be foregone

Issues already with Unlawful Activities Prevention Act, 1967 (UAPA).

  • It casts such a wide net of offences that it makes all kinds of legitimate, constitutionally protected activity an offence: the police can choose who they want to prosecute, when and for what reason.
  • It allows for persons to be held in custody for six months before they get to know the case against them. Bail is so stringent as to be almost unavailable, this is an affront to the ‘dignity’ and the ‘presumption of innocence’ that our Constitution entitles all of us to.
  • It reverses the presumption of innocence and presumes guilt, a guarantee of wrongful imprisonment and false convictions.
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