Sources- This post is based on the article “Gangster Goldy Brar declared designated terrorist under UAPA: What this means” published in “The Indian Express” on 2 January 2024.
Why in the News?
The Centre has declared Gangster Goldy Brar a designated terrorist under the Unlawful Activities (Prevention) Act (UAPA).
Who is a ‘Terrorist’?
The UAPA doesn’t define “terror” or “terrorist,” but it defines a “terrorist act” as any action intended to threaten India’s unity, integrity, security, economic security, or sovereignty, or to instill terror in the people domestically or internationally.
The 2019 Amendment to UAPA allowed the Central Government to designate an individual a “terrorist” if they are found committing, preparing for, promoting, or involved in an act of terror.
How does the Government Declare Individuals as Terrorists?
1) The central government can designate an individual as a terrorist by publishing a notification in the official gazette and adding their name to the Fourth Schedule of the UAPA.
2) The government is not required to give an individual an opportunity to be heard before such a designation.
What Happens When an Individual is Declared a Terrorist?
1) The 2019 Amendment to UAPA does not provide any details on the consequences associated on being designated a terrorist.
Note- This is unlike the case of an individual being designated as a global terrorist by the United Nations which comes with sanctions including travel bans, freezing of assets and an embargo against procuring arms.
2) It granted the Centre the authority to remove a name from the schedule upon individual application. If the government rejects an application, the individual can seek a review within one month of the rejection.
3) The amendment established a review committee, led by a retired or sitting High Court judge and three members. The committee will have the authority to order the removal of an individual’s name from the “terrorists” schedule if it deems the government’s order flawed.
4) Individuals also have the option to challenge the government’s order in court.
What is Unlawful Activities (Prevention) Act (UAPA)?
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