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Terrorism and UAPA

Cross border terrorism and the Unlawful Activities (Prevention) Act, the law India uses against it.

Asked before

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See all: Prelims 1 · Prelims 2 · Mains

Twenty three individuals designated terrorists under the UAPA

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StandardPrelims and Mains4 Jul 2026

What it is

  • The Unlawful Activities (Prevention) Act, 1967 lets the Centre declare an organisation a terrorist organisation by adding it to the First Schedule. Until 2019 it could not name a person.
  • The 2019 amendment added Section 35(1)(a) and a Fourth Schedule, so that the Centre may notify an individual as a terrorist if it believes he is involved in terrorism, by committing or preparing an act, promoting it or being otherwise involved. The amendment also let the National Investigation Agency attach property and let its officers of the rank of inspector investigate.
  • A person so named may apply to the Centre for removal under Section 36, and if refused may go to a review committee headed by a sitting or retired High Court judge. The designation itself carries no sentence; its effect is on the person's funds, travel and the offences that follow from association.
Designating an individual a terrorist: how Section 35 works The Unlawful Activities (Prevention) Act after the 2019 amendment 1 Who can be named Section 35(1)(a), added in 2019: the Centre may notify an individual it believes is involved in terrorism, by committing or preparing an act, promoting it or being otherwise involved. Before 2019: only organisations, in the First Schedule 2 What the notification does The name enters the Fourth Schedule; banks freeze and report accounts; the listing feeds the FATF process and the UN listings India seeks. No sentence by itself 3 The remedy Section 36: apply to the Centre for removal; if refused, a review committee chaired by a sitting or retired High Court judge. No court at first instance 4 July 2026 Twenty three names added at serial numbers 58 to 80, seventeen of them Pakistani nationals: the largest single batch since the Schedule was created, which held 57 names before it. Organisations named: Jaish-e-Mohammed, Lashkar-e-Taiba, Jamaat-ud-Dawa and Harkat-ul-Mujahideen.
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What happened

  • On 4 July 2026 the Ministry of Home Affairs issued twenty three notifications adding twenty three individuals to the Fourth Schedule at serial numbers 58 to 80. Seventeen are Pakistani nationals; the organisations named are the Jaish-e-Mohammed, the Lashkar-e-Taiba, the Jamaat-ud-Dawa and the Harkat-ul-Mujahideen.
  • The Reserve Bank circulated the list to banks on 15 July so that accounts in these names are frozen and reported to the Financial Intelligence Unit.
  • The Home Minister described the action as part of the policy of zero tolerance against terrorism and of dismantling every terror module.

Why it matters

  • The Fourth Schedule had 57 names in seven years; one notification added 23, the largest batch so far, and most of them are people India cannot arrest. The designation's work is financial and diplomatic: it feeds the Financial Action Task Force process, the United Nations listings India seeks, and the freezing of assets wherever banks apply the list.
  • The law's critics make two points the 2019 debate made: a person is named without a hearing, on the Centre's belief, and the only remedy is to the Centre and its own committee, not a court at first instance; and the Act's bail provision, Section 43D(5), makes release before trial nearly impossible once a charge is framed.
  • The challenge to the 2019 amendment's constitutionality, filed in 2019, is still pending in the Supreme Court; meanwhile the power has been used against Khalistani organisers abroad and Pakistan based commanders alike.

Exam lens

  • Prelims: the 2019 amendment lets the Centre designate individuals under Section 35, listed in the Fourth Schedule; the review committee under Section 36 is headed by a High Court judge, sitting or retired; the NIA may attach property; 23 names added on 4 July 2026 at serial numbers 58 to 80.
  • Mains: whether naming an individual without a hearing is proportionate, and what the designation achieves against persons abroad.

Asked before: Mains 2019 GS3 · Mains 2019 GS3

Show the questions
  1. Mains 2019 GS3: 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.
  2. Mains 2019 GS3: The banning of 'Jamaat-e-Islami' in Jammu and Kashmir brought into focus the role of over-ground workers (OGWs) in assisting terrorist organizations. Examine the role played by OGWs in assisting terrorist organizations in insurgency affected areas. Discuss measures to neutralize influence of OGWs.

Cases to cite

  • Zahoor Ahmad Shah Watali v. NIA (2019): under Section 43D(5) a court deciding bail may not go into the merits of the evidence; the accusation need only be prima facie true.
  • Union of India v. K.A. Najeeb (2021): a long incarceration without trial can justify bail despite Section 43D(5), on Article 21.

Connects to

Sources
  • Reserve Bank of India, 15 July 2026, “Circular RBI/2026-27/186”
  • UNI, 4 July 2026, “MHA designates 23 Pak based terror operatives”

Settled facts (dates of Acts, constitutional provisions, standing definitions) are from standard references.

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