Designating Individuals as Terrorists

Even by the standards of the draconian “national security” laws that have blotted the history of independent India, the Unlawful Activities (Prevention) Amendment Act, 2019 stands out. Much of the public discussion and concern about the amendment has focused on the power of the union government to declare any individual a “terrorist” for the purposes of the Unlawful Activities (Prevention) Act (UAPA), 1967, a move that must fill any right thinking citizen with dread.

The UAPA permits the union government to designate any organisation as a “terrorist organisation,” allowing the government to prosecute members and active supporters of such an organisation. This is not preceded by any hearing or procedure, but the organisation in question (or any person affected by such designation) is given a post-decisional hearing by a review committee (headed by a sitting or retired high court judge) to determine whether the designation should be continued or not.