The Unlawful Activities (Prevention) Act, 1967, India's main anti-terror law, which allows the government to ban unlawful and terrorist organisations, designate individuals as terrorists and prosecute terror and secessionist offences.
UAPA was enacted in 1967 to give effect to the Constitution (Sixteenth Amendment) of 1963, which permitted reasonable restrictions on free speech, assembly and association in the interest of the sovereignty and integrity of India. The National Integration Council had recommended such restrictions amid secessionist demands. The original law dealt mainly with "unlawful activities" supporting cession or secession and allowed associations to be declared unlawful, subject to review by a tribunal.
India also had separate anti-terror laws: the Terrorist and Disruptive Activities (Prevention) Act (TADA) from 1985, which lapsed in 1995 amid widespread allegations of abuse, and the Prevention of Terrorism Act (POTA) of 2002, repealed in 2004. When POTA was repealed, many of its provisions on terrorism, terror funding and banned organisations were moved into UAPA. After the 2008 Mumbai attacks, UAPA was strengthened further, along with the creation of the National Investigation Agency (NIA). The 2019 amendment allowed individuals, not just organisations, to be designated as terrorists, and allowed NIA officers of the rank of inspector to investigate cases.
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