MHA approves study on ‘status of radicalisation "EMPOWER IAS"

Context: 

• The Ministry of Home Affairs (MHA) has, for the first time, approved a research study on “status of radicalisation in India.” 

 

More on news:

• The Bureau of Police Research and Development (BPR&D), the police think tank of the MHA, had invited research proposals from academicians and legal experts. 
• Two topics - “Status of Radicalization in India: An Exploratory Study of Prevention and Remedies” and “Functioning and Impact of Open Prisons on Rehabilitation of Prisoners” were shortlisted by the MHA.

 

Objectives:

• The research would attempt to legally define “radicalisation” and suggest amendments to the Unlawful Activities (Prevention) Act (UAPA).The study will be religion-neutral and will go by facts and the reported cases.

 

Need:

• Sensitive issue: 
  • Radicalisation is both a religious issue and a policing issue. In India, people are sensitive about religion. 
  • There is a need for correct interpretation of holy books such as the Quran, Gita or Bible.
• No legal definition: Radicalisation has not been defined legally and this leads to misuse by the police.
• ‘Misguided’ youth: 
  • Aggressive police actions could be counter-productive as the radicalised youth are misguided and not the criminals. 
  • Right thinking people in the community will have to be mobilised.
• Growing radicalisation in India: The United Nations’ 26th report of the Analytical Support and Sanctions Monitoring Team concerning the IS (Islamic State), al-Qaeda and associated individuals and entities had informed about the presence of “significant numbers” of the IS and al-Qaeda members in Kerala and Karnataka. 
  • The National Investigation Agency (NIA) has registered cases related to the presence of the IS in Telangana, Kerala, Andhra Pradesh, Karnataka and Tamil Nadu and arrested 122 accused persons.

 

About Unlawful Activities (Prevention) Act:

• Passed in 1967, the law aims at effective prevention of unlawful activities associations in India.
• The Act assigns absolute power to the central government, by way of which if the Centre deems an activity as unlawful then it may, by way of an Official Gazette, declare it so.
• It has death penalty and life imprisonment as highest punishments.
• Under UAPA, both Indian and foreign nationals can be charged. It will be applicable to the offenders in the same manner, even if crime is committed on a foreign land, outside India.
• Under the UAPA, the investigating agency can file a charge sheet in maximum 180 days after the arrests and the duration can be extended further after intimating the court.

 

Amendments and changes:

• The 2004 amendment, added “terrorist act” to the list of offences to ban organisations for terrorist activities, under which 34 outfits were banned. Till 2004, “unlawful” activities referred to actions related to secession and cession of territory.
• In August, Parliament cleared the Unlawful Activities (Prevention) Amendment Bill, 2019 to designate individuals as terrorists on certain grounds provided in the Act.
• The Act empowers the Director General of National Investigation Agency (NIA) to grant approval of seizure or attachment of property when the case is investigated by the said agency.
• The Act empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases of terrorism in addition to those conducted by the DSP or ACP or above rank officer in the state.

 

Criticisms of UAPA:

• The law is often misused and abused.
• Could be used against political opponents and civil society activists who speak against the government and brand them as “terrorists.”
• The 2019 amendment gives unfettered powers to investigating agencies.
• The law is against the federal structure, given that ‘Police’ is a state subject under 7th schedule of Indian Constitution.

 

Bureau of Police Research and Development (BPR&D)

• The Government of India established the Bureau of Police Research and Development (BPR&D), under the Ministry of Home Affairs in 1970s.
• It replaced Police Research and Advisory Council (1966), with the primary objective of modernization of police force.
• In 1995 Government of India decided to entrust issues relating to Correctional Administration Work to the BPR&D.
• Thereby BPR&D has to ensure the implementation of prison reforms as well.
• The Government of India further decided to create National Police Mission under the administrative control of BPR&D to transform the police forces in the country.