The amendments have brought UAPA close to the USA' Patriot Act that was enacted in the aftermath of the 9/11 attacks in 2001.
The Rajya Sabha passed the Unlawful Activities (Prevention) Amendment Bill, which empowers the government to designate individuals as terrorists, on Friday as the Opposition lost yet another battle in Parliament. Until now, the government could only designate organisations as terrorists.
Although cleared by the Lok Sabha, the Bill was on the target of the Opposition for its "draconian" provisions in the Rajya Sabha and a few days ago they had decided to resist its passage with their united strength.
While an amendment to send the Bill to a standing committee was defeated by 104 members voting against it and 85 in favour, the Opposition lost the final battle miserably with 147 members voting in favour and 42 against it.
Earlier, defending the Bill, Union home minister Amit Shah said, the law has been brought to overcome such difficulties being faced by the NIA in the investigation and prosecution of terrorism-related cases due to certain legal infirmities and also to align the domestic law with the international obligations as mandated in several Conventions and Security Council Resolutions on the issue."
The amendments have brought UAPA close to the USA' Patriot Act that was enacted in the aftermath of the 9/11 attacks in 2001.
Senior Congress leader and former home minister P Chidambaram cautioned the government not to "amass unbridled power to infringe on an individual's liberty". He said it is better if the government hears them out and sends the Bill to a standing committee instead of "forcing us to go to a building a kilometre away (the SC)".
He said it is wrong to compare a terrorist like Hafiz Saeed with activist Gautam Navlakha, an accused in the Elgar Parishad-Bhima Koregaon case. Calling it a dangerous piece of legislation, CPM's Elamaram Kareem said, "This will lead to large scale harassment." Citing previous cases under POTA and TADA, he added, "You don't want the Opposition to speak against you. You call us terrorists and anti-nationalists to stop us from opposing you."
Calling the provisions of the bill "draconian", RJD member Manoj Jha said, the Bill essentially panders to an ideology that conflates nation with the government. "If I criticise the government I am called an anti-national."
"To frame someone as a terrorist is very easy, but we don't consider what their families go through," he added.
OPINION
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| It won’t harm innocents |
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UAPA is a sound law and was long overdue. It is the vested interests that are raising a hue and cry. There is a UAPA tribunal. There are high courts and the Supreme Court. An individual who is not a terrorist need not have any fears. Linking individuals to terrorism is important because they receive funds from NGOs and some human rights organisations. It is important to remember that no innocent man on the road can be branded a terrorist.
—RVS Mani, former senior official, MHA
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