UAPA amendments get Parl nod, Oppn fears misuse

The Unlawful Activities (Prevention) Amendment Bill that empowers the Centre to name individuals as terrorists was on Friday passed by Parliament amid Opposition concerns that the bill could be misused and courts could strike it down as it violates the liberty of an individual.

After RTI Amendment Bill and Triple Talaq Bill, this is the third contentious Bill to be passed by the Rajya Sabha in the past one week despite strong demands from the Opposition to send these to a Select Committee for scrutiny due to reservations on contentious provisions.

Lok Sabha has passed the amendments to the UAPA last week and the Rajya Sabha giving its nod on Friday, this will become the law of the land after the President gives his assent, which is expected very soon.

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The Opposition's motion to send the Bill to a Select Committee was defeated after 85-104 vote, with parties like Congress, Trinamool Congress, Samajwadi Party, AAP, CPI(M) and CPI among others voting in favour. BSP, however, supported the government after skipping voting in bills on RTI and Triple Talaq though it opposed the proposed legislation.

However, Congress, which opposed provisions on declaring individuals during the debate and insisted on sending the Bill to a Select Committee, voted in favour of the government when the Bill was put to vote, angering other Opposition parties. With Congress votes, the government managed to defeat the Bill 147-42.

Allaying concerns of misuse while replying to the debate, Home Minister Amit Shah said the law will be used only to tackle terror and would help agencies to "remain four steps ahead of terrorists when they take two steps forward".

He assured that no one's human rights will be violated and elaborated on four-stage scrutiny which has provision for appeals at two stages when individuals are declared terrorists.

Responding to former Home Minister P Chidambaram's criticism of the provisions on designating individuals as terrorists, Shah said declaring an organisation as a terrorist organisation will not stop individuals behind it.

He said not designating individuals as terrorists allow them to regroup under different names and continue to indulge in terrorist activities. "Till the time a person is not declared a terrorist, there cannot be a check on such person's terror activities," he said.

On opposition accusations on misuse, Shah said it was the Congress which misused laws to target the opposition during Emergency. "Those who have misused laws are telling us not to do so," he said.

Participating in the debate, Chidambaram said Congress was not against the law but opposed to the amendment on individuals, which was "hopelessly unconstitutional".

"This will be struck down. Instead of listening to us, you are forcing us to go a kilometre away where another building is there," he said referring to approaching Supreme Court against the amendment.

"At least stop here, go to Select Committee. Let us consult (eminent lawyers) Fali S Nariman, Soli Sorabjee, the government's law officer. Ask them. If they say it is constitutional, let us come back and pass it. Let us not be accused of a monumental error," he said.