{"id":234396,"date":"2023-03-25T19:33:10","date_gmt":"2023-03-25T14:03:10","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=234396"},"modified":"2023-03-25T19:33:10","modified_gmt":"2023-03-25T14:03:10","slug":"supreme-court-changes-stand-now-mere-membership-of-a-banned-outfit-is-a-crime-under-uapa","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/supreme-court-changes-stand-now-mere-membership-of-a-banned-outfit-is-a-crime-under-uapa\/","title":{"rendered":"Supreme Court changes stand; now mere membership of a banned outfit is a crime under UAPA"},"content":{"rendered":"\n

Source: <\/b>The post is based on the article<\/span> \u201cSupreme Court changes stand; now mere membership of a banned outfit is a crime under UAPA\u201d <\/b>published in<\/span> The Hindu <\/b>on 24th March 2023<\/b><\/p>\n

What is the News?\u00a0<\/b><\/h2>\n

The Supreme Court has ruled that even a mere membership of a banned association is sufficient to constitute an offence under the Unlawful Activities (Prevention) Act 1967.\u00a0<\/span><\/p>\n

What is the ruling given by the Supreme Court?<\/b><\/h2>\n

The Supreme Court has restored the <\/span>Doctrine of \u201cguilt by association\u201d <\/b>in criminal jurisprudence in India as it overruled several of its 2011 judgments and declared that mere membership of a banned organization will be a crime under the Unlawful Activities (Prevention) Act (UAPA),1967.<\/span><\/p>\n

The court basically upheld <\/span>the constitutional validity and the rationale of Section 10(a)(i), of the UAPA Act which makes continued membership of a banned organization a crime punishable with a jail term of up to two years.<\/span><\/p>\n

The court also referred to <\/span>Article 19(4) of the Constitution <\/b>which mandated that the citizens\u2019 right to form unions or associations was subject to the power of the state to make laws to impose \u201c<\/span>reasonable restrictions<\/b>\u201d in the interests of the sovereignty and integrity of India or public order or morality.<\/span><\/p>\n

What did the earlier rulings of the Supreme Court say on this?<\/b><\/h2>\n

In 2011, a two-judge bench of the Supreme Court in \u2018<\/span>Arup Bhuyan v State of Assam\u2019<\/b> had said that a person\u2019s association with an unlawful organization must be an active \u201cmembership\u201d which required actual incitement to violence or the act of committing violence.<\/span><\/p>\n

In this case, the petitioner had challenged similar provisions in the Terrorist and Disruptive Activities (Prevention) Act (TADA) which are now repealed. However, UAPA, the anti-terror legislation that succeeded TADA, retained the same provision.\u00a0<\/span><\/p>\n

Several High Courts and even subsequent benches of the SC relied on the principle in the Arup Bhuyan case to hold that membership meant active membership and not just \u201cmere membership\u201d without any proof of incitement to violence.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Source: The post is based on the article \u201cSupreme Court changes stand; now mere membership of a banned outfit is a crime under UAPA\u201d published in The Hindu on 24th March 2023 What is the News?\u00a0 The Supreme Court has ruled that even a mere membership of a banned association is sufficient to constitute an… Continue reading Supreme Court changes stand; now mere membership of a banned outfit is a crime under UAPA<\/span><\/a><\/p>\n","protected":false},"author":10317,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1566,1760,9],"tags":[10498],"class_list":["post-234396","post","type-post","status-publish","format-standard","hentry","category-daily-factly-articles","category-polity-and-nation","category-public","tag-the-hindu","entry"],"jetpack_featured_media_url":"","views":"","jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/234396","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10317"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=234396"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/234396\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=234396"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=234396"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=234396"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}