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Q.2) What is the objective of the Unlawful Activities (Prevention) Act, 1967 (UAPA) in its amended form? What are the issues with some of its provisions? Suggest the ways to deal with the issues. (10 Marks)

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Swatantra

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“Mentor’s Comments”

  • https://indianexpress.com/article/opinion/columns/why-recent-judgments-in-uapa-cases-represent-limited-victory-7369546/
  • In the intro, mention the recent cases involving UAPA in various courts across the country.
  • In the body, mention the objective of UAPA as anti-terror law. As an anti-terror law, certain provisions of the law deviates from the provisions for the other crimes. In the next part, mention the issue of misuse of the law, pendency of the cases resulting in long years of imprisonment. In the way forward, suggest the fast track court, an amendment to provide bail in certain cases etc.
  • Conclude by mentioning that even in the absence of bail provision judiciary has granted bail by following the basic principles of natural justice and due process is a positive sign.

Comments

25 responses to “Q.2) What is the objective of the Unlawful Activities (Prevention) Act, 1967 (UAPA) in its amended form? What are the issues with some of its provisions? Suggest the ways to deal with the issues. (10 Marks)”

  1. Harshaa Sharma Avatar
    Harshaa Sharma

    Idpay_HJ2s89guguFYwg

    1. Swatantra Avatar
      Swatantra

      Harshaa

      Introduction is fine, you have explained more or less provisions of the act in the body of the answer. Keep it brief.
      You need to focus more on what are the broad objectives of the act such as anti-terror law, empowers the state for dealing with activities directed against the integrity and sovereignty of India, supports investigation agencies etc.

      Also, write a section about what are the issues with the act, you have directly come to suggestions. Some issues you can mention:
      Police are empowered to search, seize and arrest any person- conflict with right to privacy
      Accused does not have the option of anticipatory bail, long periods in custody under trial, low conviction rate
      Recent amendment punishes an individual who is a member of a banned organisation.However, it fails to define what constitutes membership.
      Misuse for Curbing Political Dissent(you have mentioned this in conclusion)
      Against Principle of Natural Justice
      Violation of Human Rights
      Undermines Federalism, police is state subject, act gives all power to centre
      Frivolous filing etc

      In suggestions, you can talk of the need for Parliament to rectify the anomalies with a suitable amendment,court should also strike down the provisions which undermine fundamental rights,need to follow SC judgements like KA Najeeb, educate the law enforcement authorities etc

      Objectives, Issues and Suggestions, all are core demands of the question- these should be given priority while writing.

      Read some other answers. Keep writing. 🙂

  2. Utkarsha Yadav Avatar
    Utkarsha Yadav

    Please review
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    1. Swatantra Avatar
      Swatantra

      Utkarsha

      Nicely written, introduction is fine, objectives are also well articulated, mention maintaining integrity and sovereignty of India too. Use of graph is good.

      In issues, points are fine. You can add that- Police are empowered to search, seize and arrest any person- conflict with right to privacy.
      Accused does not have the option of anticipatory bail, long periods in custody under trial
      Recent amendment punishes an individual who is a member of a banned organisation.However, it fails to define what constitutes membership.

      Suggestions are fine, you can just add some SC case like KA Najeeb vs UOI or about recent Delhi HC judgement for value-addition.

      Conclusion is good.

      Read some other answers. Keep writing. 🙂

  3. Chandrama Mukhopadhyay Avatar
    Chandrama Mukhopadhyay

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    1. Swatantra Avatar
      Swatantra

      Chandrama

      Introduction is good. Graph is also fine.
      After that question is not asking us about reasons for spike in cases or the provisions in the amendment. There are 3 core demands- what are the objectives of the act(including the amendment), what are the issues and suggestions, so focus on these things only. Spike in recent times due to misuse of the act is one of the issues.

      Broad objectives of the act are: anti-terror law, empowers the state for dealing with activities directed against the integrity and sovereignty of India, supports investigation agencies, recent amendment punishes a member of a banned organisation.

      Some issues you can mention: Vaguely defined terms, indiscriminate application to curb political dissent- good points you have mentioned, you can use the here. Also:
      Police are empowered to search, seize and arrest any person- conflict with right to privacy
      Accused does not have the option of anticipatory bail, long periods in custody under trial, low conviction rate
      Recent amendment fails to define what constitutes membership of a banned org
      Against Principle of Natural Justice
      Violation of Human Rights
      Undermines Federalism, police is state subject, act gives all power to centre(not state )
      Frivolous filing etc

      You can avoid the points you’ve written in issues with the amendment, actually new amendment has removed the requirement of permission from state DGP, also burden of proof should be on agencies only otherwise the law will become more draconian.

      Suggestions mentioned are quite generic- you can talk of the need for Parliament to rectify the anomalies with a suitable amendment,court should also strike down the provisions which undermine fundamental rights,need to follow SC judgements like KA Najeeb, educate the law enforcement authorities etc

      Read some other answers. Keep writing. 🙂

  4. Murari Jha Avatar
    Murari Jha

    UPI Reference No.-114715258066

    1. Swatantra Avatar
      Swatantra

      Murari

      The structure of your answer is good, you can work on the content and add some points.

      In objectives mention that it is primarily an anti-terror legislation, seeks to designate an individual as a “terrorist” via recent amendment, supports investigation agencies etc

      Points you have written are good, some more issues you can mention:
      Vaguely defined terms, indiscriminate application to curb political dissent
      Police are empowered to search, seize and arrest any person- conflict with right to privacy
      Recent amendment fails to define what constitutes membership of a banned org
      Against Principle of Natural Justice
      Violation of Human Rights
      Undermines Federalism, police is state subject, act gives all power to centre

      Way forward is fine,you can mention need to follow SC judgements like KA Najeeb, recent Delhi HC judgement, educate the law enforcement authorities etc

      Conclusion is fine but it will be better if rather than straightaway repealing, you can talk about bringing amendments to the law.

      Read some other answers. Keep writing. 🙂

      4.5/10

  5. ankita thakur Avatar
    ankita thakur

    Payment id- HJHAZEWKSzM3CX

    1. Swatantra Avatar
      Swatantra

      Ankita

      There are 3 core demands- what are the objectives of the act(including the amendment), what are the issues and suggestions, so focus on these things only. No need to delve deep into provisions of the act, it is a 10 marker. Make subheadings accordingly.

      Introduction is fine, after that you can write in point wise format differentiating objectives and issues, for better presentation.Objectives mentioned are fine , you can also say that it is primarily an anti-terror legislation, seeks to designate an individual as a “terrorist” via recent amendment, supports investigation agencies etc

      Issues you have written are good, some more issues you can mention:
      Vaguely defined terms, indiscriminate application to curb political dissent
      Police are empowered to search, seize and arrest any person- conflict with right to privacy
      Recent amendment fails to define what constitutes membership of a banned org
      Against Principle of Natural Justice
      Violation of Human Rights
      Undermines Federalism, police is state subject, act gives all power to centre

      Suggestions are good.

      Read some other answers. Keep writing, you can use your own language to organize the answer better.

  6. AABHA RANI Avatar
    AABHA RANI

    Razor payment Id HHOoNABVzCCLcD

    1. Swatantra Avatar
      Swatantra

      Aabha

      The amendment bill has already been passed, so you can write that instead of mentioning introduction in LS, in introduction.

      No need to mention provisions of amendment in details, just mention objectives and move on, points about anti-terrorism are good,you can add that it empowers the state for dealing with activities directed against the integrity and sovereignty of India and supports investigation agencies.

      Issues mentioned are fine, you can add:
      Vaguely defined terms, indiscriminate application to curb political dissent
      Police are empowered to search, seize and arrest any person- conflict with right to privacy
      Recent amendment fails to define what constitutes membership of a banned org
      Against Principle of Natural Justice
      Undermines Federalism, police is state subject, act gives all power to centre

      Suggestions are good.

      Write a concluding statement if possible.

      Read some other answers. Keep writing. 🙂

      4.5/10

  7. Gauri Shankar Meena Avatar
    Gauri Shankar Meena

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    1. Swatantra Avatar
      Swatantra

      Gauri Shankar

      Decent attempt, but very common points, you can improve the content.

      Introduction can be better framed, sentencing is done by courts, you can mention detaining , also anti-national activities are alleged not confirmed, you can mention some data regarding low convictions inspite of high number of arrests.

      Objectives are fine, try to mention it in a more broad way: primarily an anti-terror legislation, seeks to designate an individual as a “terrorist” via recent amendment, empowers the state for dealing with activities against the integrity and sovereignty of India, supports investigation agencies etc

      Some issues you can mention:
      Vaguely defined terms, indiscriminate application to curb political dissent
      Police are empowered to search, seize and arrest any person- conflict with right to privacy
      Accused does not have the option of anticipatory bail, long periods in custody under trial
      Recent amendment punishes an individual who is a member of a banned organisation.However, it fails to define what constitutes membership.
      Against Principle of Natural Justice
      Violation of Human Rights
      Undermines Federalism, police is state subject, act gives all power to centre etc

      Suggestions are fine, you can also mention need to follow SC judgements like KA Najeeb, recent Delhi HC judgement, educate the law enforcement authorities etc

      Read some other answers. Keep writing. 🙂

      3.5/10

  8. Kartikey Singh Avatar
    Kartikey Singh

    pay_HHogiMPYpQ87sC

    1. Swatantra Avatar
      Swatantra

      Kartikey

      You have written well, most of the points are incorporated, however since recent amendment is expressly mentioned in question you can say that it seeks to designate an individual as a “terrorist”.
      Also, it punishes an individual who is a member of a banned organisation.However, it fails to define what constitutes membership.

      Some more issues you can talk about:
      Police are empowered to search, seize and arrest any person- conflict with right to privacy
      Violation of Human Rights
      Undermines Federalism, police is state subject, act gives all power to centre

      Also you can use some data to show very low convictions inspite of rising cases.

      Suggestions are good.Need for Parliament to rectify the anomalies with a suitable amendment and to increase awareness in law enforcement authorities can also be mentioned.

      Read some other answers. Keep writing. 🙂

      6.5/10

  9. Fun Learning with Rajlaxmi. Avatar
    Fun Learning with Rajlaxmi.

    Review
    Ref no 0000420120

    1. Swatantra Avatar
      Swatantra

      Rajlaxmi

      Your answer is well written, structure is good and you have mentioned a lot of data and examples too, good if you are able to remember all of those in exam scenario.

      Objectives are fine, since recent amendment is expressly mentioned in question you can mention its objectives too – seeks to designate an individual as a “terrorist”. Also, it punishes an individual who is a member of a banned organisation, supports investigating agencies.

      Issues mentioned are good. You can add that police are empowered to search, seize and arrest any person- conflict with right to privacy and undermines Federalism, police is state subject, act gives all power to centre.

      Suggestions and conclusion is good, not much change needed.

      Nice answer, keep it up, keep writing. 🙂

      7.5/10

  10. SUMITA DOWERAH Avatar
    SUMITA DOWERAH

    Payment Id: pay HFrdyJMOEZ9967. Please review, Sir.

    1. Swatantra Avatar
      Swatantra

      Sumita

      Nice attempt. Introduction is fine. Examples of cases can be cut short. You can give a passing reference in introduction only or you can use specific examples to illustrate an issue with law when you are writing issues.

      Objectives are written well, also mention the broad objective of the law itself, that is maintaining territorial integrity and sovereignty of the country.

      Issues mentioned are fine. You can add some-
      Police are empowered to search, seize and arrest any person- conflict with right to privacy
      Recent amendment punishes an individual who is a member of a banned organisation.However, it fails to define what constitutes membership.
      Against Principle of Natural Justice
      Violation of Human Rights
      Misused to curb political dissent etc

      Way forward and conclusion is good, for value addition you can mention SC judgement in K Najeeb case and the Delhi HC judgement which ruled regarding cautious application of the law.

      Overall your answer is good. Read some other answers. Keep writing.

      6.5/10

  11. Dr. House Avatar
    Dr. House

    REF ID: #0000425733
    Please review @Swatantra Sir

  12. Arpit Singh Avatar
    Arpit Singh

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  13. Deepali Rajan Avatar
    Deepali Rajan

    kindly review @swatantra sir
    ref id #420326

  14. shivanshu pandey Avatar
    shivanshu pandey

    pay_HH4AoVE2qPd386 please review

  15. Sana Nawazish Avatar
    Sana Nawazish

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    @swatantra sir

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