Sacrificing liberty for national security

GS-II: Sacrificing liberty for national security

Context

The amendments to the Unlawful Activities (Prevention) Act (UAPA), 1967 empowers the Central government to name any individual a terrorist if it believes him or her to be so.

Background of UAPA

UAPA was passed by the Indira Gandhi government to deal with the secessionist Dravidian movement.
Against this backdrop, an unlawful activity was defined as any action taken

To bring about the cession of a part of the territory of India.
To incite any individual or group of individuals to bring about such cession.
To disrupt the sovereignty and territorial integrity of India.

Arguments against the bill:

As per Section 35(2), the Central Government shall exercise its power in respect of an organisation or an individual only if it believes that such an organisation or individual is involved in terrorism.
There is a close parallel between sedition and unlawful activity. The act almost equates the two.
Ban on organizations vs. individuals

UAPA has now been extended to cases of terrorism too. After TADA and POTA were repealed due to repeated misuse, UAPA was amended in 2004 to bring into its fold cases of terrorism. Organizations such as the Liberation Tigers of Tamil Eelam, the Hizbul Mujahideen, and the Khalistan Commando Force have been scheduled as banned organizations.
Most of these bans are not challenged, and judicial tribunals have upheld the imposition of such bans from time to time.
Banning an organization renders its members vulnerable to prosecution. Consequences include loss of property linked to terrorism. The organization itself may challenge the notification in a judicial tribunal.

Defending the amendments

The act aims to fight terror.
It strengthens the government’s powers to deal with disaffection and anarchy.
The predominant duty of the government is to keep the country united against existential threats.

Conclusion

Benjamin Franklin said: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Indians deserve better respect for their liberties than this ill-thought-out law.

Source: The Hindu

Join Our Telegram

How an Indian citizen is defined?

Privacy rights, wrongs

India–Azerbaijan

05 Apr, 26
SHARE

A year after tensions arising from Operation Sindoor, India and Azerbaijan have taken steps to restore and normalise bilateral relations. The 6th round of Foreign Office Consultations, held in Baku, marked the first such engagement since 2022, signaling renewed diplomatic momentum. Recent Diplomatic Engagement During the consultations, bo

India–Australia Economic Cooperation and Trade Agreem

04 Apr, 26
SHARE

The India–Australia Economic Cooperation and Trade Agreement has completed four years since its signing. Both countries now aim to build on this progress through strengthened collaboration and ambitious targets, including reaching AUD 100 billion in bilateral trade by 2030. What is the India–Australia Economic Cooperation and Tra

ADR Report on Political Funding

03 Apr, 26
SHARE

A recent report by the Association for Democratic Reforms (ADR) analyses donations of ?20,000 or more declared to the Election Commission of India (ECI) by national political parties for FY 2024–25, highlighting transparency and accountability in political financing. Key Findings Massive Funding Surge Total donations to nationa

Maritime Chokepoints

03 Apr, 26
SHARE

Maritime chokepoints are narrow channels along global shipping routes where maritime traffic is concentrated. These points are geopolitically and economically critical, as they handle a large proportion of global trade, especially energy shipments. Current Relevance Over two-thirds of seaborne energy trade passes through a handful o

US-Israel-Iran War

01 Apr, 26
SHARE

Following the launch of Operation Epic Fury (U.S.) and Operation Roaring Lion (Israel), the geopolitical landscape has shifted fundamentally with the confirmed death of Iran’s Supreme Leader, Ayatollah Ali Khamenei.Iran retaliated through Operation True Promise 4, launching missile attacks against Israel and nearby Gulf states. The escala