The National Integration Council appointed a Committee on National Integration and Regionalisation to look into, inter alia, the aspect of putting reasonable restrictions in the interests of the sovereignty and integrity of India. Pursuant to the acceptance of recommendations of the Committee, the Constitution (Sixteenth Amendment) Act, 1963 was enacted to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India. In order to implement the provisions of 1963 Act, the Unlawful Activities (Prevention) Bill was introduced in the Parliament.

Pursuant to the acceptance by Government of a unanimous recommendation of the Committee on National Integration and Regionalism appointed by the National Integration Council, the Constitution (Sixteenth Amendment) Act, 1963, was enacted empowering Parliament to impose, by law, reasonable restrictions in the interests of sovereignty and integrity of India, on the:

1. Freedom of Speech and Expression;
2. Right to Assemble peaceably and without arms; and
3. Right to Form Associations or Unions.

The object of this Bill was to make powers available for dealing with activities directed against the integrity and sovereignty of India.

The Bill was passed by both the Houses of Parliament and received the assent of the President on 30th December 1967. The Amending Acts are as follows:

1. The Unlawful Activities (Prevention) Amendment Act, 1969;
2. The Criminal Law (Amendment) Act, 1972;
3. The Delegated Legislation Provisions (Amendment) Act, 1986;
4. The Unlawful Activities (Prevention) Amendment Act, 2004.

This last Amendment was enacted after POTA was withdrawn by the Parliament. However, in the last Amendment Act, 2004, all provisions of POTA were incorporated, thus making it equally draconian.

Criticism

On 14 May 2007, prominent doctor and human rights defender Dr Binayak Sen was arrested under this act by the Chhattisgarh government. This raised a lot of criticism of this act again and twenty two Nobel Prize winners wrote to the Indian Government in response for the release of Dr. Sen, arguing that "he is charged under two internal security laws that do not comport with international human rights standards”.

Ajay TG, an Independent Film maker and Journalist is also arrested under same act.

References