How are Individuals declared terrorist under UAPA?

Recently, Sidhu Moosewala murder mastermind Gangster Goldy Brar was declared a designated terrorist by the Centre under the UAPA (Unlawful Activities (Prevention) Act).

Who is a terrorist?

• The terms “terror” or “terrorist” are not explicitly defined in the relevant law.
• However, the Unlawful Activities (Prevention) Act (UAPA) defines a “terrorist act” as any act committed with the intent to threaten or likely to threaten the unity, integrity, security, economic security, or sovereignty of India.
• It also includes acts intended to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country.
• Originally focused on “unlawful” acts related to secession, anti-terror provisions were introduced in 2004.
• The 2019 Bill aimed to give the central government the authority to label an individual as a “terrorist” if they were found engaging in, preparing for, promoting, or involved in an act of terror.
  • A comparable provision already existed in the legislation for organizations to be designated as a “terrorist organization”.

How are individuals declared terrorists?

• The central government may designate an individual as a terrorist through a notification in the official gazette, and add his name to the Fourth Schedule to the UAPA.
• The government is not required to give an individual an opportunity to be heard before such a designation.
• Currently, based on the legal presumption of innocence until proven guilty, an individual convicted in a terror case is legally termed a terrorist.
• Those suspected of involvement in terrorist activities are referred to as terror accused.
• The 2019 amendment did not clarify the standard of proof required to establish that an individual is involved, or is likely to be involved, in terrorist activities.

What happens when an individual is declared a terrorist?

• The designation of an individual as a global terrorist by the United Nations typically entails sanctions such as travel bans, asset freezing, and an embargo on procuring arms.
• However, the 2019 amendment did not specify these details in relation to individuals designated as terrorists under the UAPA in India.
• The amendment gave the Centre the power to remove a name from the schedule when an individual makes an application.
  • If an application filed by an individual declared a terrorist is rejected by the government, they have the right to seek a review within one month after the application is rejected.
• Under the amendment, the central government set up a review committee comprising a chairperson (a retired or sitting judge of a High Court) and three other members.
  • The review committee will be empowered to order the government to delete the name of the individual from the schedule that lists “terrorists”, if it considers the order to be flawed.
• Besides these two options, the individual also has the option to approach the courts to challenge the government’s order.

Ref: Source