Hello, we are @aimanjkhan & @GuneetKaurAhuja. In this thread of today’s conversation, we will continue our discussion about evolution of anti-terror laws. Yesterday, we looked at UAPA when it was first passed, TADA and POTA. Today, we will cover post-2004 amendments to UAPA.1/n

2004 UAPA amendment absorbed the POTA definition of "terrorist act" as a separate offense, however, it was restricted to violent physical acts.
Acts that intend to/ support/ incite "disaffection against India" were added to the ambiguous definition of "unlawful activity. 2/n

Through the 2004 amendment, provisions similar to POTA & TADA on punishment for terrorist activities, terrorist organizations were added to UAPA. POTA list that scheduled certain groups as "terrorist organizations" was absorbed into UAPA. 3/n

Amendment prescribed punishment for members of terrorist organizations & even non-systematic informal associations that the government may label as a “terrorist gang”. No separate process has been given for the declaration of such a gang. 4/n

It added provisions for immunity from legal proceedings (civil/criminal) for investigating officers for actions under UAPA. This eliminates any chance of holding the state machinery accountable and denies remedy to victims of wrongful incarceration in fabricated terror cases. 5/n

The 2008 amendment along with the National Investigation Agency Act, were rushed without any real debate, expanding ambiguity of the crime covered under UAPA & degrading a citizen’s right to associate and speak to TADA, POTA deprivation. 6/n

Additions were made to definition of terrorist act. The SC has made obiter remarks that substance of the provision remains the same after these amendments. However, SC wisdom is scarcely followed by trial courts & often ignored by investigating agencies.7
https://indiankanoon.org/doc/37174/?type=print

1)The contours of intent in the definition were already vague - unity/integrity/security/sovereignty. In 2008, words "or likely to threaten" were added after "intent to threaten". This obscures the mental element even more. 8/n

2) In clause (a), the words " or by any other means of whatever" was added after the list of physical acts by use of arms/explosive/hazardous substance. This goes back to the POTA standard to potentially include any political act- violent or otherwise. 9/n

It gave wide powers of search & seizure. Like TADA & POTA, investigating authority can take up to 180 days to file the charge sheet. Police custody can be extended for up to 30 days. 10/n

It virtually eliminated an accused’s right to bail. We will be dealing with these aspects at length on the 19th & 20th when we talk about how the law essentially enables prolonged incarceration. 11/n

It shifted the burden of proof on the accused by authorizing presumption of guilt in certain cases, thereby reversing the basic criminal law tenet of, “innocent until proven guilty” and denying fair trial to the accused. 12/n

2012 UAPA Amendment Act, expanded the definition of person to include “an association of persons or body of individuals, whether incorporated or not”. It extended the ban on an organization from 2 to 5 years without judicial review. 13/n

It criminalized fundraising for a person or organization that is designated as terrorist, irrespective of whether the funds provided were actually used for terror activities or not. This adversely impacts humanitarian relief work in conflict-affected communities. 14/n

The 2019 UAPA Amendment Act gives the state absolute power by enabling it to designate individuals as “terrorists” without following any new procedure and by providing the accused no effective means of redress. 15/n

In our curation so far, we have only been able to capture post-independence laws that were sort of direct predecessors to current UAPA. However, there are a plethora of other repressive anti-dissent laws like state public safety acts, NSA, AFSPA, etc. 16/n

Please see this comprehensive piece by Bhamati Sivapalan & Vidyun Sabhaney @vidyunsabhaney to understand all these other laws that form the landscape of state repression in India. 17/n https://thewire.in/law/in-illustrations-a-brief-history-of-indias-national-security-laws

We will dig into a lot of these post-2004 UAPA amendments in the coming days and see their adverse impacts on a person's free speech, liberty and right to equality. We will now be starting a fresh thread on the process of banning organizations under UAPA. 18/18