2019 · GS Paper 3 · Q19 · 15 marks

Indian Government has recently strengthened the anti-terrorism laws by amending the Unlawful Activities (Prevention) Act (UAPA), 1967 and the NIA Act. Analyze the changes in the context of prevailing security environment while discussing the scope and reasons for opposing the UAPA by human rights organizations.

In short

The 2019 UAPA and NIA amendments let the state designate individual terrorists, probe offences abroad and cover hybrid threats, but rights groups oppose executive designation, vague definitions and near-impossible bail. Between 2016 and 2019, 5,922 people were arrested under UAPA but only 132 convicted.

Model answer

Ghissu Editorial · Verified 4 Oct 2026

Introduction
After the Pulwama attack of February 2019, Parliament amended the UAPA, 1967 and the NIA Act, 2008 to reach individual terrorists and transnational networks, reopening the tension between security and liberty.
Key 2019 Changes and the Security Environment
•

Targeting individuals

Outfits resurface under new names, so naming individuals such as Masood Azhar and Hafiz Saeed (September 2019) closes the gap.

•

Reach across borders

The Sri Lanka Easter bombings (2019) showed why the NIA needs power to probe crimes against Indians abroad.

•

Hybrid threats

Adding trafficking, counterfeit currency and cyber-terrorism tracks how terror is now financed and waged through crime and cyberspace, and Inspector-rank NIA officers can now investigate.

Scope and Reasons for Human Rights Opposition
•

No due process

Executive designation without a hearing weakens the presumption of innocence under Article 21.

•

Vague definitions

"Likely to threaten" and membership offences, upheld when Arup Bhuyan was overruled in 2023, cast a wide net.

•

Process as punishment

After Watali (2019), bail is near impossible; 2016-2019 saw 5,922 arrests but 132 convictions, and Stan Swamy died in custody in 2021.

•

Dissent and federalism

Cases against journalists and Chhattisgarh's 2020 Article 131 suit show fears of misuse and central overreach.

Way Forward
•

Judicial safeguards

Provide judicial review of every listing, speedy trials in NIA special courts and bail for delay under K.A. Najeeb (2021).

Conclusion
The amendments suit today's security environment, but their legitimacy depends on safeguards that let national security and constitutional morality advance together.

This model answer is indicative and the model can make mistakes; please verify key facts independently.

Hand-drawn diagram: UAPA and NIA: Before and After 2019. UAPA and NIA: Before and After 2019. Comparison of Before 2019 and After 2019
Diagram: UAPA and NIA: Before and After 2019

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Question from the official UPSC Civil Services (Main) Examination 2019 paper. Answer written by Ghissu's engine and checked against our editorial standards. Found an error? Tell us and we correct it within 48 hours.

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