Amendments to UAPA bring major shifts in counter-terrorism measures in J&K

Srinagar, Jan 15: The recent amendments to the Unlawful Activities (Prevention) Act (UAPA) and other anti-terror legislation have brought significant changes to how law enforcement tackles terrorism in Jammu and Kashmir.

Officials of the security establishment said that the enhanced provisions have bolstered their ability to counter terrorism, though critics argue they risk infringing on civil liberties.

The amendments, they said, enacted in recent years, have introduced stricter bail provisions, widened the definition of terrorism, and granted investigative agencies greater powers.

Senior police officials also said that these amendments have tightened the legal structure, which strengthens the response in terrorism. For the time being, as the situation in Kashmir seems to be precariously dangerous, the role of the amended laws shall remain crucial for the state.

The amendments to the anti-terror laws have without doubt given an impetus to the law-enforcement agencies of Jammu & Kashmir, in terms of its ability to present a more robust response to the singular security challenges confronting the UT.

"The amended provisions under the UAPA enable us to declare persons as terrorists even if they are members of an outfit which has not been proscribed. It enables us to target the leaders who were able to function unnoticed earlier," a senior police official said.

The amendments have also allowed the attachment of properties suspected to be linked to terror financing. Police officials said that this has been a game-changer in curbing the financial lifelines of terror outfits. “By choking the flow of money, we’re tackling the root of the problem. Several properties used to fund terror activities have been seized in recent months,” the official added.

The legal changes have given us teeth," said a senior officer from the Counter Insurgency Kashmir (CIK). "Earlier, it was difficult to prosecute individuals who were indirectly involved in terror activities. Now, the broadened definitions help us target the entire ecosystem.”

According to police, scores of properties linked with terror financing have been attached in the last about two years. Additionally, over 200 people were booked under the UAPA, many of whom were believed to have been involved in social media propaganda as part of radicalizing youth.

At the same time, police officials acknowledge criticism against the laws but insist stringent measures are required in J&K with a history of terrorism long enough to forget.

"We are aware of the apprehensions and ensure due process is followed in every case," said a senior officer from the Police's legal cell. "But we must also recognise the unique challenges we face in Union Territory Kashmir. These laws are not just punitive but preventive."

Other than this, changes made to the National Investigation Agency Act have widened the scope of NIA as now NIA is capable to investigate any case related to terrorism across state boundaries without permission from the concerned state governments. In fact, in the case of J&K, cross-border terrorism and linkages within the state as well as nationwide and globally also demand coordinated actions.The expanded powers of the NIA have also facilitated major crackdowns on hawala networks and separatist leaders accused of siphoning funds to finance terror activities.