In response to the evolving internal security threat posed by terrorism, GoI amended the UAPA, 1967 and NIA Act in 2019 to strengthen ‘zero tolerance for terrorism’ strategy.
Amendment to UAPA,1967
The central government can designate an individual as a terrorist (under Schedule IV of the Act)
Empowers the NIA officers of the rank of Inspector or above to investigate cases of terrorism
Adds the International Convention for Suppression of Acts of Nuclear Terrorism (2005) to the schedule
Empowers the Director-General, NIA to grant approval of seizure of property when the case is being investigated by the agency.
Amendment to NIA Act
Widen the authority of the NIA – Includes human trafficking, counterfeit currency, manufacture or sale of prohibited arms, cyber-terrorism, and offences under the Explosive Substances Act.
Extends the NIA’s jurisdiction outside India
Constitution of special courts by the Centre in order to conduct trials
Significance of the changes in the context of the prevailing security environment
Shifts counter-terror strategy from reactive to preventive – Enables early disruption of terror ecosystems.
Allows designation of individuals like Masood Azhar as terrorist
Brings Clarity and uniformity by removing inter-state jurisdictional constraints
Addresses evolving terror threat landscape – Responds to decentralised, module-based and lone-wolf terrorism.
Targets terror support networks – Focuses on financiers, facilitators, propagandists and over-ground workers. Eg- NIA Raids on separatist leaders in J&K
Improves investigation of transnational terror networks. Eg- Khalistan movement in Canada
Extend powers of NIA to investigate terrorist-organised crime linkage
Alignment with Global Counter-Terror Norms. Eg- Action against terror financing and international networks.
Ensures timely and speedy prosecution of terrorists through special courts
Criticism and Opposition by Human Rights Organisations
Violation of Personal Liberty – Stringent bail provisions and prolonged detention (180 days) affect Article 21.
Risk of Misuse – Broad definitions allow targeting of activists, journalists and dissenters.
Absence of Prior Judicial Oversight – Individual can be designated as terrorist without conviction or trial.
Departure from criminal jurisprudence norm of innocent until proven guilty – Burden of proof shifts to accused.
Low conviction rate for UAPA cases between 2019 and 2023 (only 3.1%)
Vague Definitions – Terms like “unlawful activity” and “terrorist act” are broadly defined
Lack of procedural safeguards – The government is not required to provide grounds for arrest or detention.
Against the federal structure – amendment has made the NIA “a parallel police structure”
Way Forward
Strengthen Procedural Safeguards
Clear Legal Definitions
Periodic review
Time-Bound Investigations and Trials
A law and institution as powerful as UAPA and NIA respectively, must be wielded with precision, accountability, and a deep commitment to constitutional values.
