The development of declaring Goldy Brar a terrorist was followed by a similar action by Indian authorities against Lakhbir singh Landa and SFJ Chief Gurupatwant Singh Pannu. According to Home Ministry sources, action may soon be taken against 26 other gangsters and Khalistani terrorists who are hiding abroad under UAPA. MHA has prepared a list of Khalistani and gangsters hiding in 14 countries. The government plans to take major action in the new year against Khalistanis and gangsters hiding abroad. Let’s understand what is UAPA and what are its advantages and disadvantages.
UAPA’s Double-Edged Sword: Weighing the Advantages and Disadvantages of Declaring Terrorists
The Unlawful Activities (Prevention) Act (UAPA) stands as a potent weapon in India’s arsenal against terrorism. Empowering the Ministry of Home Affairs (MHA) to designate individuals and groups as terrorists, it carries significant weight. However, like any powerful tool, the UAPA’s application deserves careful consideration, as it wields a double-edged sword with advantages and disadvantages to be weighed.
Advantages:
- Deterrence and Disruption: The UAPA designation acts as a powerful deterrent, discouraging potential recruits and disrupting existing terror networks. Freezing assets, restricting travel, and facilitating arrests significantly hinders a terrorist’s ability to operate.
- International Cooperation: The UAPA tag strengthens India’s case for international cooperation in apprehending designated terrorists and dismantling their networks. It signals a seriousness in tackling terrorism that resonates with allies.
- Justice and Accountability: For victims and their families, the UAPA designation paves the way for legal accountability. It brings perpetrators within the reach of justice, offering a sense of closure and potentially deterring future crimes.
- Public Confidence: Decisive action against terrorists under the UAPA can bolster public confidence in the government’s ability to safeguard national security. This, in turn, can foster cooperation and vigilance among citizens.
Disadvantages:
- Potential for Misuse: The broad scope of the UAPA raises concerns about potential misuse. Arbitrary designations based on flimsy evidence or political motivations can infringe upon individual rights and freedoms.
- Erosion of Due Process: Critics argue that the UAPA’s provisions, such as reverse burden of proof and incommunicado detention, can undermine fair trial principles and due process rights.
- Radicalization and Backlash: Designating individuals or groups as terrorists can inadvertently lead to their radicalization or garner them sympathy, potentially fueling recruitment and backlash within certain communities.
- Strained Relations: Overzealous application of the UAPA can strain relations with neighboring countries, particularly Pakistan, where designated groups might operate. This can hamper diplomatic efforts and regional cooperation.
Finding the Balance:
Navigating the UAPA’s advantages and disadvantages demands a nuanced approach:
- Transparency and Scrutiny: Robust internal mechanisms and independent judicial oversight are crucial to ensure transparency and prevent misuse of the act.
- Proportionality and Evidence: Designations should be based on strong evidence and adhere to the principle of proportionality, avoiding excessive or unjustified measures.
- Community Engagement: Addressing the root causes of radicalization and fostering trust with potentially vulnerable communities is vital to achieve long-term success in countering terrorism.
- Diplomacy and International Cooperation: Maintaining open channels of communication with neighboring countries and seeking international collaboration can enhance effectiveness while minimizing friction.
The UAPA remains a powerful tool in India’s fight against terrorism. However, recognizing its potential pitfalls and employing it with prudence and accountability is crucial. By striking a balance between security and individual rights, India can harness the UAPA’s advantages while mitigating its disadvantages, paving the way for a more secure and just future.
