Sacrificing liberty for national security

GS-II: Sacrificing liberty for national security

Context

The amendments to the Unlawful Activities (Prevention) Act (UAPA), 1967 empowers the Central government to name any individual a terrorist if it believes him or her to be so.

Background of UAPA

UAPA was passed by the Indira Gandhi government to deal with the secessionist Dravidian movement.
Against this backdrop, an unlawful activity was defined as any action taken

To bring about the cession of a part of the territory of India.
To incite any individual or group of individuals to bring about such cession.
To disrupt the sovereignty and territorial integrity of India.

Arguments against the bill:

As per Section 35(2), the Central Government shall exercise its power in respect of an organisation or an individual only if it believes that such an organisation or individual is involved in terrorism.
There is a close parallel between sedition and unlawful activity. The act almost equates the two.
Ban on organizations vs. individuals

UAPA has now been extended to cases of terrorism too. After TADA and POTA were repealed due to repeated misuse, UAPA was amended in 2004 to bring into its fold cases of terrorism. Organizations such as the Liberation Tigers of Tamil Eelam, the Hizbul Mujahideen, and the Khalistan Commando Force have been scheduled as banned organizations.
Most of these bans are not challenged, and judicial tribunals have upheld the imposition of such bans from time to time.
Banning an organization renders its members vulnerable to prosecution. Consequences include loss of property linked to terrorism. The organization itself may challenge the notification in a judicial tribunal.

Defending the amendments

The act aims to fight terror.
It strengthens the government’s powers to deal with disaffection and anarchy.
The predominant duty of the government is to keep the country united against existential threats.

Conclusion

Benjamin Franklin said: “Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.” Indians deserve better respect for their liberties than this ill-thought-out law.

Source: The Hindu

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