Subject: Internal Security

The recent amendments to the Unlawful Activities Prevention Act (UAPA) and National Investigation Agency (NIA) Act represent significant steps in strengthening India's anti-terrorism framework amid evolving security challenges and global terrorism threats.

Key Changes and Security Environment

• Individual Designation: The amendments enable designating individuals as terrorists, expanding scope beyond organizations to tackle lone-wolf attacks and individual terror operatives.

• Enhanced NIA Powers:

  • Inspector-rank officers can now investigate cases, improving operational efficiency.
  • NIA Director-General granted authority for property seizure during investigations.
  • Strengthened investigation capabilities across state boundaries.

• Security Context:

  • Rising threats from cross-border terrorism and cyber-enabled terror networks.
  • Need for alignment with international conventions like UN Convention for Suppression of Financing of Terrorism.
  • Compliance with Financial Action Task Force (FATF) requirements.

Concerns Raised by Human Rights Organizations

• Low Conviction Rate:

  • Data shows that between 2014-2022, out of 8,719 registered cases, only 215 convictions were secured while 567 acquittals occurred.
  • From 2015-2020, only 235 convictions out of 8,371 arrests.

• Human Rights Issues:

  • Amnesty International (2023-24) highlights misuse for silencing critics.
  • Human Rights Watch (2023) reports deteriorating rights situation and repression of activists.
  • Concerns about prolonged detention without trial.

• Procedural Challenges:

  • Stringent bail provisions leading to extended pre-trial detention.
  • Broad definition of terrorist acts potentially criminalizing legitimate activities.
  • Risk of misuse against journalists, activists, and human rights defenders.

Way Forward

• Judicial Oversight: Need for robust mechanisms to prevent misuse while maintaining effectiveness against genuine threats.
• Balanced Approach: Reconciling national security imperatives with constitutional rights and civil liberties.

The challenge lies in maintaining a delicate balance between robust counter-terrorism measures and protecting fundamental rights, as evidenced by initiatives like the National Security Strategy and Multi-Agency Centre (MAC) for intelligence coordination.