Model Answer

Introduction

In response to evolving security threats, the Indian government has amended the Unlawful Activities (Prevention) Act (UAPA), 1967, and the National Investigation Agency (NIA) Act. These changes aim to bolster national security but have sparked significant debates regarding civil liberties and human rights.

Key Changes

Unlawful Activities (Prevention) Act (UAPA), 1967

• Designation of Individuals as Terrorists: The amended UAPA allows the government to designate individuals as terrorists, expanding beyond just organizations. This change raises concerns about arbitrary labeling.Fact: “The designation of individuals as terrorists could lead to increased government control over dissent.” (Source: Human Rights Watch, 2021)
• Seizure of Property: The Director-General of the NIA can approve the seizure of property linked to investigations, potentially leading to property rights violations.
• Investigation Authority: NIA officers of Inspector rank and above are empowered to investigate cases, enhancing the agency’s capability but also raising questions about oversight.

National Investigation Agency (NIA) Act

• Expanded Jurisdiction: The NIA can now investigate offenses committed outside India, targeting Indians or Indian interests, broadening its scope significantly.
• Broadened Offenses: The Act includes new offenses such as human trafficking, cyber-terrorism, and counterfeit currency, indicating a more comprehensive approach to security threats.
• Special Courts: The establishment of special courts for scheduled offenses can expedite trials but may also compromise fair trial rights.

Opposition by Human Rights Organizations

• Potential for Misuse: Critics argue that these amendments could be misused against political dissenters and minorities, exemplified by cases like Bhima Koregaon.
• Lack of Safeguards: The amendments are seen as lacking sufficient safeguards against human rights violations.
• Extended Detention: Provisions allowing detention without charges for up to 180 days pose serious concerns about personal liberty.Fact: “Extended detention without charge is a significant threat to individual rights and freedoms.”

Conclusion

While the amendments to the UAPA and NIA Act strengthen India’s fight against terrorism, it is essential to balance these measures with the protection of human rights. Any potential misuse could undermine democratic principles, highlighting the need for institutional safeguards and vigilant judicial oversight.