Paper: GS – II, Subject: Polity, Topic: Legal Rights, Issue: Definition of Terrorism Under UAPA.
Context:
In the Delhi riots case, bail was denied to Khalid and Sharjeel Imam, with courts relying on the Unlawful Activities (Prevention) Act (UAPA). The case has reignited debate on the ever-expanding definition of terrorism under UAPA and its implications for civil liberties.
Key Takeaways:
Background / Evolution of UAPA:
| Year / Phase | Key Development | Significance |
| 1967 | Enactment of UAPA | Aimed at curbing unlawful activities threatening India’s sovereignty and territorial integrity; not an anti-terror law |
| 1987–2002 (Pre-UAPA Terror Laws) | TADA (1987) and POTA (2002) in force (Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) and the Prevention of Terrorism Act, 2002 (POTA)). | Terrorism dealt with separately under special laws, both later repealed due to misuse concerns |
| 2004 Amendment | Addition of Chapter IV to UAPA | Converted UAPA into an anti-terror law after repeal of POTA; brought terrorist acts under UAPA |
| Post-2004 | Alignment with UNSC anti-terror resolutions | Ensured compliance with international counter-terrorism obligations |
| Post-26/11 (2008) | Major expansion of UAPA | Broader definition of terrorism, longer detention periods, special courts |
| 2012 Amendment | Inclusion of economic offences as terrorism | Expanded scope to cover threats to economic security |
| 2019 Amendment | Individuals can be designated as terrorists | Allowed designation without prior conviction, raising civil liberty concerns. |
Major Provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA):
- Declaration of Unlawful Association: The Central Government can declare an association “unlawful” if it supports cession or secession of any part of India or questions the sovereignty and territorial integrity of the country. Such bans can be extended up to five years.
- Designation as a Terrorist Organisation: The Central Government may designate an organisation as a terrorist organisation if it commits, prepares for, promotes, or is otherwise involved in terrorist activities.
Definition of Terrorist Acts (Section 15):
- As per the 2004 amendment, any act intended or likely to threaten India’s unity, integrity, security (including economic security), or sovereignty, or to strike terror among people in India or abroad, is defined as a terrorist act.
- International Treaties Coverage: Terrorist acts include offences covered under international conventions listed in the Schedule.
- Unlawful Activities Prevention Tribunal: The Central Government may constitute a tribunal headed by a High Court judge to adjudicate and confirm bans on organisations involved in terrorist activities.
- Extended Timelines:
- Police remand can extend up to 30 days instead of 15 days.
- Judicial custody before filing a charge sheet can extend up to 180 days instead of 90 days.
- Stringent Bail Provisions: Section 43D (5): Bail cannot be granted if the court finds the accusations to be prima facie true.
- Punishments:
- Death penalty or life imprisonment if the terrorist act results in death.
- 5–10 years’ imprisonment with fine for other terrorist activities such as conspiracy, recruitment, or organising camps.
- Minimum 5 years imprisonment with fine for preparatory acts related to terrorism.
- Investigating Agency: The National Investigation Agency (NIA) is empowered to investigate UAPA cases.
Established in 2008 under the NIA Act, it replaced earlier investigations by State police agencies and the CBI in terror-related cases.
Current Significance:
The Supreme Court’s January 2026 ruling created a “hierarchy of culpability.” While it denied bail to Khalid and Imam (labeled “masterminds”), it granted bail to five co-accused (labeled “facilitators”).
- For “Masterminds”: The statutory bar of Section 43D (5) overrides the constitutional right to a speedy trial, even after 5+ years of incarceration.
- For “Facilitators”: Prolonged detention can be considered “punitive,” allowing for bail under the constitutional powers of the court.
The “widening definition” of terrorism under UAPA has moved the legal focus from the instrument used (e.g., a bomb) to the intent and effect (e.g., disrupting civic life). Critics argue this allows the state to criminalize dissent and protests by framing them as “calibrated acts” of terror, while the judiciary remains constrained by the strict “prima facie” requirement of the law.
Source: (The Indian Express)
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