Unlawful Activities (Prevention) Act is Indian law aimed at effective prevention of unlawful activities associations in India.

The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the interests of the sovereignty and integrity of India. Pursuant to the acceptance of recommendations of the Committee, the Constitution (Sixteenth Amendment) Act, 1963 was enacted to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India. In order to implement the provisions of 1963 Act, the Unlawful Activities (Prevention) Bill was introduced in the Parliament.^[1]

History [link]

Pursuant to the acceptance by Government of a unanimous recommendation of the Committee on National Integration and Regionalism appointed by the National Integration Council, the Constitution (Sixteenth Amendment) Act, 1963, was enacted empowering Parliament to impose, by law, reasonable restrictions in the interests of sovereignty and integrity of India, on the:

1. Freedom of Speech and Expression;
2. Right to Assemble peaceably and without arms; and
3. Right to Form Associations or Unions.

The object of this Bill was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The Bill was passed by both the Houses of Parliament and received the assent of the President on 30th December 1967. The Amending Acts are as follows:

1. The Unlawful Activities (Prevention) Amendment Act, 1969;
2. The Criminal Law (Amendment) Act, 1972;
3. The Delegated Legislation Provisions (Amendment) Act, 1986;
4. The Unlawful Activities (Prevention) Amendment Act, 2004,
5. The Unlawful Activities (Prevention) Amendment Act, 2008

This last Amendment was enacted after POTA was withdrawn by the Parliament. However, in the last Amendment Act, 2004, most of provisions of POTA were incorporated, thus making it equally draconian.^[2] In 2008, after Mumbai attacks, it was further strengthened.

Criticism [link]

On 14 May 2007, prominent doctor and human rights defender Dr Binayak Sen was arrested under this act by the Chhattisgarh government. This raised a lot of criticism of this act again. In his request to the government, Sen claims that 22 Nobel Prize winners are requesting the Government to allow him to receive an award abroad arguing that "he is charged under two internal security laws that do not comport with international human rights standards”.^[3]

Ajay TG, an Independent Film maker and Journalist is also arrested under same act.^{[citation needed]}

Indian Maoist Kobad Ghandy was charged with UAPA in 2009.

References [link]

1. ^ "The Unlawful Activities (Prevention) Act". Nia.gov.in. https://www.nia.gov.in/acts/The%20Unlawful%20Activities%20(Prevention)%20Act,%201967%20(37%20of%201967).pdf. 
2. ^ "The Reincarnation of POTA". Human Rights Features. October 12, 2004. https://www.hrdc.net/sahrdc/hrfeatures/HRF106.htm. 
3. ^ "Nobel-Statement". May 9, 2008. https://binayaksen.net/download/Nobel-Statement.pdf. 

External links [link]

• Text of Act^{[dead link]}
• [1]^{[dead link]}
• Repressive Laws in India page 12
• The Reincarnation of POTA

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