• UGI USER
  • Jul 18, 2024
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UAPA CASE BOOKED FOR PRO-PALESTINE SLOGANS IN J&K: A COMPREHENSIVE ANALYSIS

Relevance:

GS 2 – Government Policies and Interventions for Development in various sectors and issues arising out of their design and implementation.

Why in the News?

  • A case under the Unlawful Activities (Prevention) Act (UAPA)

was filed by the Jammu & Kashmir Police against Shia mourners who allegedly raised pro-Palestine and anti-Israel slogans during a Muharram procession in Srinagar.

  • This action has been criticized by several regional leaders and has initiated debates on the application of such stringent laws.

Current Scenario

  • During a Muharram procession in Srinagar, participants were observed carrying Palestine flags and chanting slogans.
  • The police have registered a case under Sections of the UAPA against unidentified individuals who participated in the 8th Muharram procession at Lal Chowk.

Legal Context: UAPA

  • UAPA Overview: Enacted in 1967, the Unlawful Activities (Prevention) Act is designed to prevent unlawful activities and associations in India.
  • Provisions: The Act allows for the designation of individuals and groups as terrorists and empowers authorities to address activities that threaten India’s sovereignty and integrity.
  • Recent Amendments: The latest amendments in 2019 expanded the Act’s scope, enabling the government to designate individuals as terrorists.

Comparison with TADA and POTA

  • TADA (Terrorist and Disruptive Activities (Prevention) Act): Enacted in 1985, TADA was India’s first anti-terrorism law but was repealed in 1995 due to concerns over misuse and human rights violations.
    • Provisions: It allowed for the detention of individuals without formal charges for up to 180 days and reversed the burden of proof.
    • Criticism: The Act faced severe criticism for its harsh provisions and widespread allegations of misuse against minorities and political opponents.
  • POTA (Prevention of Terrorism Act): Enacted in 2002 following the 2001 Parliament attacks, POTA was another stringent anti-terrorism law but was repealed in 2004.
    • Provisions: Similar to TADA, it included provisions for detention without charge, special courts, and enhanced surveillance powers.
    • Criticism: POTA faced criticism similar to TADA, with reports of misuse and human rights violations leading to its repeal.

State-Level Acts in Maharashtra and Gujarat

  • Maharashtra Control of Organised Crime Act (MCOCA): Enacted in 1999, MCOCA targets organized crime and terrorism in Maharashtra.
    • Provisions: It allows for the interception of wire, electronic, or oral communication and has provisions for extended detention periods.
    • Criticism: Critics argue that MCOCA’s stringent provisions can be misused for political purposes and to target specific communities.
  • Gujarat Control of Terrorism and Organised Crime (GCTOC) Act: Enacted in 2019, GCTOC is similar to MCOCA but with additional provisions.
    • Provisions: It includes provisions for extended detention without charge, admissibility of intercepted communications as evidence, and stringent bail conditions.
    • Criticism: Like other anti-terror laws, GCTOC has faced criticism for potential misuse and lack of safeguards against human rights violations.

Implications of the UAPA Case in J&K

  • Security Concerns: The use of UAPA reflects the state’s approach to maintaining security and preventing activities perceived as threatening.
  • Human Rights Issues: The invocation of UAPA has raised concerns about potential human rights violations and the suppression of free speech and dissent.
  • Political Repercussions: Such cases often lead to political debates about balancing national security and individual freedoms.

Conclusion

The registration of a UAPA case for pro-Palestine slogans in J&K highlights broader issues surrounding the use of anti-terror laws in India. While these laws are crucial for national security, their stringent provisions and potential for misuse necessitate a careful and balanced approach to ensure that fundamental rights are not compromised.

Mains Question

Discuss the significance of anti-terrorism laws like UAPA, TADA, and POTA in India. What measures can be taken to prevent their misuse while ensuring national security? (250 words)

Source:The Hindu