EXPLAINER: UAPA AMENDMENT BILL VIJAYALAKSHMI RAJU BASICS OF LAW Sat, Jul 27, 2019, at ,11:52 AM The Lok Sabha on July 24 approved a Bill to amend an anti-terror law aimed at allowing the government to designate an individual as a terrorist. Union Home Minister Amit Shah asserted this is of “prime importance” to nip terrorism in the bud. So far, the anti-terror law only had provisions to ban groups as individual groups, not individuals. The Bill also empowers the officers of the NIA, of the rank of inspector or above, to investigate cases. Under the Act, the investigation may be conducted by officers of the rank of deputy superintendent or assistant commissioner of police or above. Stoutly defending the amendments to the Unlawful Activities (Prevention) Act (UAPA) to make it “strict”, Shah also allayed fears of the Opposition parties on its misuse, saying it will keep the investigation agencies four steps ahead of terrorists. Replying to a debate on the Bill before it was passed by a voice vote, Shah said though it will not be misused against any individual, those who engage in terrorist activities against the security and sovereignty of the country, including ‘urban Maoists’, would not be spared by the investigation agencies either. UNLAWFUL ACTIVITIES (PREVENTION) ACT: Unlawful Activities (Prevention) Act is an anti-terror law aimed at effective prevention of unlawful activities associations in India. Its main objective is to make powers available for dealing with activities directed against the integrity and sovereignty of India. It was passed in 1967 under the Congress government led by Prime Minister Indira Gandhi. Later, amendments were brought in under the UPA governments in 2004, 2008 and 2013. According to the National Crime Records Bureau (NCRB), 922 cases were reported under UAPA in 2016. In 2014, the total number of cases was 976 and it fell to 897 in 2015. GOVERNMENT’S ARGUMENT IN FAVOUR OF AMENDMENTS: Shah said that the objective of the proposed amendments is to facilitate speedy investigation and prosecution of terrorist offenses and designating an individual as a terrorist in line with international practices. There is no provision in the UAPA or any other legislation to designate an individual terrorist. Therefore, when a terrorist organization is banned, its members form a new organization. There are no changes being made in arrest or bail provisions. Therefore, it is clear that there will be no violation of the fundamental rights of any person, Shah said. Also, the burden of proof is on the investigation agency and not on the accused. Currently, the law requires that the NIA take prior permission from the respective state DGP to start investigation in terror cases. This delays the process. As per Section 43 of the UAPA, an officer not below the rank of DSP or equivalent is competent to investigate offenses. The NIA is facing a shortage of DSPs, and the number of cases has increased significantly. Presently NIA has 29 DSPs against 57 sanctioned posts and 90 inspectors against 106 sanctioned posts. Shah said that the amendment about attaching properties acquired through proceeds of terrorism is being proposed in order to expedite investigation in terror cases and is not against federal principles. Currently, as per Section 25 of the UAPA, forfeiture of property representing proceeds of terrorism can only be made with prior approval in writing by the DGPs of the state wherein such property is located.