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The UAPA Amendment Bill 2019: Explained

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New Delhi, Aug 02: An important amendment was made to the Unlawful Activities (Prevention) Amendment Bill 2019. The Opposition has however opposed the amendment, which has a provision to designate a terrorist as an individual.

The UAPA Amendment Bill 2019: Explained

The opposition feels that the provision may be misused. The bill seeks to designate an individual suspected to have terror links as a terrorist. It allows the National Investigation Agency to attach properties linked to such persons, without permission from the respective state police.

The UAPA Amendment Bill 2019:

  • Who may commit terrorism: Under the Act, the central government may designate an organisation as a terrorist organisation if it: (i) commits or participates in acts of terrorism, (ii) prepares for terrorism, (iii) promotes terrorism, or (iv) is otherwise involved in terrorism. The Bill additionally empowers the government to designate individuals as terrorists on the same grounds.
  • *Approval for seizure of property by NIA*: Under the Act, an investigating officer is required to obtain the prior approval of the Director General of Police to seize properties that may be connected with terrorism. The Bill adds that if the investigation is conducted by an officer of the National Investigation Agency (NIA), the approval of the Director General of NIA would be required for seizure of such property.
  • *Investigation by NIA: Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above. The Bill additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.

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  • Insertion to schedule of treaties*: The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act. The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979). The Bill adds another treaty to the list. This is the International Convention for Suppression of Acts of Nuclear Terrorism (2005).

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