2019 – Posted in: Daily News – Tags: LTTE, MHA, Unlawful activities act

UNLAWFUL ACTIVITIES ACT

For: Preliminary & Mains
Topic covers: LTTE, Unlawful Activities (Prevention) Act

News Flash

The Union government extended the ban on the Liberation Tigers of Tamil Eelam (LTTE) for violent and disruptive activities that are prejudicial to the integrity and sovereignty of the country.

The Ministry of Home Affairs (MHA) renewed its 2014 notification to declare the LTTE as an “unlawful association” for another five years.

Liberation Tigers of Tamil Eelam (LTTE)

The LTTE was a Tamil militant and political organization that was based in northeastern Sri Lanka.
Its aim was to secure an independent state of Tamil Eelam in the north and east in response to the state policies of successive Sri Lankan governments towards Tamils.
Founded in May 1976 by Velupillai Prabhakaran, it was involved in armed clashes against the Sri Lankan state forces and by the late 1980s was the dominant Tamil militant group in Sri Lanka.
It was designated as a terrorist organisation by 32 countries, including the European Union, Canada, the United States, and India.

Why Ban Continued?

LTTE continues to adopt a strong anti-India posture as also continues to pose a grave threat to the security of Indian nationals.
It noted that the “diaspora continue to spread through articles in the Internet portals, anti-India feeling amongst the Sri Lankan Tamils by holding the Government of India responsible for the defeat of the LTTE and such propaganda through Internet, which remains continued, is likely to impact Very Very Important Persons (VVIP) security adversely in India.
Even after its military defeat in May 2009 in Sri Lanka, the LTTE had not abandoned the concept of ‘Eelam’ (separate land for Tamils).
The LTTE’s objective for a separate homeland (Tamil Eelam) for all Tamils threatened the sovereignty and territorial integrity of India and amounted to cession and secession of a part of the territory of India from the Union and thus fell within the ambit of unlawful activities.

Unlawful Activities (Prevention) Act 1967

Emergence of Act

At the start of the Sino-Indo Conflict on 20th October 1962, a state of Emergency was declared under Article 352 of the Constitution of India, on grounds of external aggression.
During the same time period, a domestic crisis was brewing with Mr. C.N. Annadurai, leader of the Dravida Munnetra Kazhagam’s (DMK) openly advocating his party’s agenda of self-determination, including secession of Tamil Nadu from the Indian Union.
The Central Government was in complete panic and wanted to put some restrictions on citizens’ freedoms and consequently it introduced the Unlawful Activities (Prevention) Bill, 1967 before the Emergency was to lapse.
To uphold the sovereignty and integrity of India, the Unlawful Activities (Prevention) Act, 1967 (UAPA) was born.

About Act

This law is aimed at effective prevention of unlawful activities associations in India.
The Act makes it a crime to support any secessionist movement or to support claims by a foreign power to what India claims as its territory.
Its main objective is to make powers available for dealing with activities directed against the integrity and sovereignty of India.

Provisions

The Act introduces a vague definition of terrorism to encompass a wide range of non-violent political activity, including political protest.
It empowers the government to declare an organisation as ‘terrorist’ and ban it. Mere membership of such a proscribed organisation itself becomes a criminal offence.
It allows detention without a chargesheet for up to 180 days and police custody can be up to 30 days.
It creates a strong presumption against bail and anticipatory bail is out of the question. It creates a presumption of guilt for terrorism offences merely based on the evidence allegedly seized.
It authorises the creation of special courts, with wide discretion to hold in-camera proceedings (closed-door hearings) and use secret witnesses but contains no sunset clause and provisions for mandatory periodic review.

Unlawful Activity

2(o). “unlawful activity”, in relation to an individual or association, means any action taken by such individual or association (whether by committing an act or by words, either spoken or written, or by signs or by visible representation or otherwise),—

(i) which is intended, or supports any claim, to bring about, on any ground whatsoever, the cession of a part of the territory of India or the secession of a part of the territory of India from the Union, or which incites any individual or group of individuals to bring about such cession or secession; or

(ii) which disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India; or

(iii) which causes or is intended to cause disaffection against India;

Click on the link given below:

The Unlawful Activities (Prevention) Amendment Bill, 2011

Source: The Hindu

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