UPSC CURRENT AFFAIRS – 25th July 2025
JK High Court ruling related to Section 13 of the Unlawful Activities (Prevention) Act (UAPA)
Why in News?
The Jammu & Kashmir High Court ruled that advocating secession of J&K from India constitutes an “unlawful activity” under Section 13 of the UAPA, even without inciting violence.
Introduction
- The Jammu and Kashmir High Court recently ruled that advocating or inciting secessionist views—such as claiming that Jammu & Kashmir is “illegally occupied” and should be separated from India—constitutes an offence under Section 13 of the Unlawful Activities (Prevention) Act (UAPA), 1967.
- A Division Bench comprising Justices Sanjeev Kumar and Sanjay Parihar overturned a discharge order by a special trial court and directed the restoration of charges against the accused.
Legal Provisions Involved:
Section 13 of UAPA:
Punishment for unlawful activities: Whoever—
- Takes part in,
- Incites,
- Advocates, or
- Abets any unlawful activity shall be punishable with imprisonment up to 7 years, and also liable to fine.
Section 2(1)(o) – Definition of “Unlawful Activity”:
Includes actions (by individual or association) that:
- Are intended to bring about cession or secession of Indian territory,
- Or disrupt the sovereignty and territorial integrity of India,
- Or cause disaffection against India.
Section 161 CrPC:
Pertains to statements recorded by the police during investigation—these statements by witnesses were relied upon by the High Court.
Key Features Making UAPA Stringent:
- Broad definitions: Terms like “unlawful activity”, “terrorist act”, etc., are broadly defined, covering both violent and non-violent acts.
- Extended Detention: Police custody can be extended up to 180 days without filing a charge sheet (under special approval).
- Stringent Bail Provisions: Getting bail is extremely difficult; courts must be satisfied that the accused is prima facie not guilty.
- Designation of Individuals as Terrorists: Even individuals (not just organizations) can be designated as terrorists under the 2019 amendment.
Implications of the Ruling:
- Widening the Scope of UAPA: The ruling strengthens the interpretation that even verbal or symbolic support for secession—without violence—can be criminalized.
- Free Speech vs. National Security: Raises ongoing concerns about the limits of free speech, especially in conflict-prone regions like J&K, where political dissent may be perceived as secessionist.
- Judicial Oversight Strengthened: The HC emphasized the need for careful judicial scrutiny and application of legal definitions, especially while handling sensitive cases under UAPA.
- Impact on Civil Liberties: The ruling may set a precedent for greater surveillance and prosecution of individuals expressing secessionist views, triggering debates on the balance between national security and civil liberties.
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Introduction
Economic Implications
For Indian Exporters
- These reforms reduce transaction costs and compliance hurdles
- Encourage a more competitive and efficient export environment
- Promote value addition in key sectors like leather
For Tamil Nadu
- The reforms particularly benefit the state’s leather industry, a major contributor to employment and exports
- Boost the marketability of GI-tagged E.I. leather, enhancing rural and traditional industries
For Trade Policy
- These decisions indicate a shift from regulatory controls to policy facilitation
Reinforce the goals of Make in India, Atmanirbhar Bharat, and India’s ambition to become a leading export power
Recently, BVR Subrahmanyam, CEO of NITI Aayog, claimed that India has overtaken Japan to become the fourth-largest economy in the world, citing data from the International Monetary Fund (IMF).
India’s rank as the world’s largest economy varies by measure—nominal GDP or purchasing power parity (PPP)—each with key implications for economic analysis.
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