Article on UAPA against Freedom of Speech?
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The government’s decision to give itself discretionary powers to amend the Unlawful Activities (Prevention) Act and declare anyone a terrorist has been questioned in the Supreme Court.
A petition, moved by Delhi resident Sajal Awasthi on Saturday, said the amended law allowed the state to encroach upon the fundamental rights of dignity, free speech, dissent and reputation. It argued that the UAPA Amendment Act, 2019, conferred upon the Centre “discretionary, unfettered and unbound powers” to declare a person a terrorist. The law could be used by the state to bring disrepute to a person, and even worse, rob him or her of liberty. The heavy burden to prove the state machinery wrong rested with the person, it said.
“The Unlawful Activities (Prevention) Amendment Act, 2019, seeks to substantially modify Chapter VI of the Unlawful Activities (Prevention) Act, 1967, and Sections 35 and 36 therein. The new Section 35 empowers the Central government to categorise any individual as a ‘terrorist’ and add the name of such a person to Schedule 4 of the Act,” Mr. Awasthi said.
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