Hurriyat Chief’s Outfit An Unlawful Association: Centre

Syllabus: GS-III;

Subject: Security;

Topic: Role of external state and non-state actors in creating challenges to internal security

Context: The Union Home Ministry declared the Muslim League Jammu and  Kashmir (Masarat Alamfaction) an “unlawful association” under the anti­terror Unlawful Activities (Prevention) Act (UAPA) for five years.

Synopsis:

  • Masarat Alam, chief of Hurriyat Conference, has been in detention for 20 years and is accused of anti-national and secessionist activities.
  • Home Ministry states the organization supports terrorist activities and aims to establish Islamic rule in Jammu and Kashmir.
  • The outfit is known for anti-India, pro-Pakistan propaganda, seeking freedom for Jammu and Kashmir from India.
  • Allegations include raising funds for unlawful activities, including terrorism, and disrespecting constitutional authority through sustained stone-pelting on security forces.
  • The Central government believes immediate action is necessary to curb activities threatening territorial integrity and sovereignty.
  • The unlawful association status is declared under Section 3 (3) of the UAPA for a five-year period.

Background:

UAPA, Unlawful Activities (Prevention) Act 1967:

UAPA, passed in 1967 was aimed for the prevention of unlawful activities and associations in India.

Provisions:

  • Defines Unlawful activity as any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India.
  • Empowers central government to declare any activity or association as unlawful by an official gazette.
  • Highest punishment: death penalty and life imprisonment.
  • Applicability: Both Indians and foreigners and activities inside and outside India.

2019 amendment to the act provided for

  1. Declaring individuals as terrorists, which was previously not possible.
  2. Empowers DG of NIA to approve for the seizure of the property.
  3. Empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.
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