Q19. Indian Government has recently strengthened the anti-terrorism laws by amending the unlawful Activities (Prevention) Act (UAPA), 1967 and the NIA act.

Model Answer:

Introduction

The Indian government has recently amended the Unlawful Activities (Prevention) Act (UAPA) and the National Investigation Agency (NIA) Act to strengthen its anti-terrorism framework in response to growing security threats. These amendments aim to enhance the government's ability to combat terrorism and ensure national security. However, these changes have sparked concerns, particularly among human rights organisations, which argue that they may lead to potential misuse and violations of fundamental rights.

Body

Key Amendments to UAPA

  • Designation of Individuals as Terrorists: The amended UAPA allows the government to designate individuals, not just organisations, as terrorists. This is aimed at preventing lone-wolf attacks and dismantling terror networks.
  • Extended Detention Periods: The amendments allow for an extended period of detention without formal charges, giving law enforcement more time to investigate terrorism-related cases.
  • NIA's Expanded Powers: The NIA Act now empowers the National Investigation Agency to investigate and prosecute crimes beyond Indian borders, increasing its operational scope to tackle international terrorism.

 Security Context

  • Rising Threats: India faces diverse security challenges, including cross-border terrorism, insurgencies, and homegrown extremism. Strengthening anti-terrorism laws is seen as essential to counter these threats and bolster national security.
  • Enhancing Counter-Terror Capabilities: The amendments aim to provide law enforcement agencies with more robust tools to prevent and respond to terrorism, ensuring quicker action and better coordination.

Opposition by Human Rights Organizations

  • Potential for Misuse: Human rights organisations argue that labelling individuals as terrorists without a trial could lead to abuse and wrongful targeting of political dissenters or activists.
  • Impact on Civil Liberties: Critics warn that extended detention without trial undermines fundamental rights like due process, leading to prolonged incarcerations without sufficient legal oversight.
  • Lack of Accountability: The expanded powers of the NIA raise concerns over unchecked authority, as the agency is given more autonomy in investigations, potentially bypassing safeguards meant to protect individual freedoms.

Conclusion

While the amendments to UAPA and the NIA Act are intended to address India's evolving security challenges, they have raised concerns regarding civil liberties and the potential for misuse. Balancing national security with the protection of human rights remains a critical issue, and measures must be in place to ensure that these laws are not misused, ensuring both security and justice.

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