Terrorism and Challenges Related To It

Kashmiri political outfit declared unlawful under UAPA

Note4Students

From UPSC perspective, the following things are important :

Prelims level: UAPA

Mains level: Read the attached story

Central Idea

  • The Ministry of Home Affairs (MHA) has declared the Muslim League Jammu Kashmir faction as an “unlawful association” under the Unlawful Activities (Prevention) Act (UAPA) for five years.
  • It is a very rare occasion that any election-contesting political party has been banned under UAPA.

Government’s Stance

  • The Union Home Minister emphasized that the organization and its members are involved in anti-national and secessionist activities, supporting terrorism, and inciting people to establish Islamic rule in Jammu and Kashmir.
  • It stated that the faction is engaged in anti-India and pro-Pakistan propaganda, aiming for Jammu and Kashmir’s secession from India, its merger with Pakistan, and the establishment of Islamic rule.

About Understanding the Unlawful Activities (Prevention) Act (UAPA)

  • Purpose: The UAPA aims to prevent unlawful activities and associations in India, focusing on maintaining the country’s integrity and sovereignty. Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”.
  • Evolution: Originally passed in 1967, the UAPA has evolved from the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Prevention of Terrorism Act (POTA), with significant amendments in 2004 to include “terrorist act” in its scope.
  • Unlawful Activities: These include actions, whether by deeds, words, or visible representation, that work towards the cession or secession of a part of India, disrupt its sovereignty and territorial integrity, or cause disaffection against the country.
  • Unlawful Association: Under Section 3 of the UAPA Act, the government has powers to declare an association “unlawful”. An association can be deemed “unlawful” if it engages in, supports, or encourages unlawful activities, as defined under Section 2(p) of the UAPA.

Unlawful Activities and Funding

  • Fundraising for Terrorism: The Ministry highlighted that the outfit has been raising funds through various sources, including Pakistan, to support unlawful activities and terrorism.
  • Stone-Pelting Incidents: The group’s involvement in stone-pelting against security forces was cited as a sign of disrespect towards India’s constitutional authority and setup.

Linkages with Terrorist Organizations

  • Terror Connections: The MHA provided evidence of the faction’s connections with banned terrorist organizations and its role in supporting terrorist activities to instill terror in the country.
  • Government’s Concerns: The Central government expressed concerns that if unchecked, the faction would continue its anti-national activities, challenging India’s territorial integrity, security, and sovereignty.

Implications of the Ban

  • UAPA Enforcement: The declaration under Section 3 (3) of the UAPA signifies a stringent approach against the group’s activities for the next five years.
  • National Security Focus: This move aligns with the government’s commitment to maintaining national security and integrity, particularly in the sensitive region of Jammu and Kashmir.

Conclusion

  • Strong Message: The government’s decision sends a clear message against any forces acting against India’s unity, sovereignty, and integrity.
  • Continued Vigilance: The ban reflects India’s ongoing efforts to combat separatism and terrorism, ensuring peace and stability in Jammu and Kashmir and across the nation.

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