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Jammu & Kashmir

Unlawful Activities (Prevention) Act 1967

  • 15 Mar 2025
  • 3 min read

Why in News? 

The government has banned ‘Jammu & Kashmir Ittihadul Muslimeen’ (JKIM) and ‘Awami Action Committee (AAC)’ as unlawful associations for five years under Section 3(1) of the Unlawful Activities (Prevention) Act (UAPA), 1967. 

 Key Points 

  • Ban on JKIM and AAC:  
    • Union Home Minister stated that these organizations incited unrest and posed a threat to India’s unity and integrity. 
  • Reasons for the Ban: 
    • Members of JKIM and AAC were found promoting separatism in Jammu & Kashmir. 
    • They engaged in anti-national and subversive activities, including: 
      • Spreading discontent among the people. 
      • Inciting unrest and destabilizing law and order. 
      • Supporting terrorism and fostering hatred against the government. 

 Unlawful Activities Prevention Act, 1967 

  • UAPA was passed in 1967. It aims at effective prevention of unlawful activities associations in India. 
    • Unlawful activity refers to any action taken by an individual or association intended to disrupt the territorial integrity and sovereignty of India. 
  • The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so. 
    • It has the death penalty and life imprisonment as the highest punishments. 
  • Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India. 
  • The investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court. 
  • The 2004 amendment added “terrorist act" to the list of offences to ban organisations for terrorist activities, under which 34 outfits were banned. 
    • Till 2004, “unlawful" activities referred to actions related to secession and cession of territory. 
  • In August, Parliament cleared the Unlawful Activities (Prevention) Amendment Bill, 2019 to designate individuals as terrorists on certain grounds provided in the Act. 
    • The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency. 
    • The Act 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 a state. 
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