Arunachal Pradesh Unlawful Activities (Prevention) Act (APUAPA) [UPSC Notes]

The Arunachal Pradesh Unlawful Activities (Prevention) Act (APUAPA), enacted in 2014, has become a subject of scrutiny and there are demands for its repeal. Civil society organizations and activists are raising concerns about its constitutionality and potential violations of fundamental rights. In this article, you can read more about the controversial law and the reasons for its demand for repeal from the IAS exam perspective. Acts in the news are extremely important for the UPSC exam.

Arunachal Pradesh Unlawful Activities (Prevention) Act, 2014

This act was passed by the Arunachal Pradesh Legislature and received the Governor’s assent in September 2014.

• Purpose and Scope: The APUAPA was introduced in 2014 to enhance the prevention of unlawful activities by individuals and associations. 
  • It empowers the state government and designated officials to detain certain categories of people to safeguard the security of the state, public order, and essential public services.
• Categories of Detainees: The Act includes provisions for detaining individuals involved in activities such as bootlegging, environmental degradation, drug offenses, property grabbing, association with unlawful activities, and other dangerous behaviours that may jeopardize public order.

APUAPA Recent Controversy and Focus

• Detentions under the Act: The APUAPA garnered attention in June 2023 when 41 people were booked and detained under its provisions following a call for a 72-hour bandh (shutdown) in various districts of Arunachal Pradesh. 
  • Prominent activists and political figures were among those detained, including anti-corruption activist Sol Dodum and members of the Aam Aadmi Party.
• Background of the Bandh Call: The bandh was organized to protest against the 2022 Arunachal Pradesh Public Service Commission paper leak case and demanded the implementation of a 13-point charter of demands related to the examination irregularities. 
  • Prior to the bandh, 30 people were already detained under the APUAPA.
• Increased Awareness and Outcry: The mass detentions under the APUAPA in this case brought attention to the Act among a population that was previously unaware of its existence. 
  • The vocal nature of the detainees’ demands for a fair investigation into the examination fiasco contributed to the widespread outcry.

Also read: Unlawful Activities (Prevention) Amendment Act (UAPA)

UPUAPA Grounds for Opposition and Demand for Repeal

• Constitutional Validity Challenge: Activist Gyadi Paying has filed a petition challenging the constitutionality of the APUAPA and seeking its abolition. 
  • The petition argues that denying legal representation to detainees during advisory board proceedings violates their fundamental rights.
• Exceeding Jurisdiction: The petition highlights a provision in the Act that allows the attachment of a detainee’s property if they are believed to be absconding. 
  • This is deemed as an encroachment beyond the authority of a district magistrate, according to the petition.
• Draconian and Redundant: The Arunachal Law Students’ Union has demanded the repeal of the APUAPA, labelling it as draconian and arbitrary. 
  • They argue that the Act duplicates provisions already covered by the Indian Penal Code (IPC) and other existing laws.

Conclusion: The Arunachal Pradesh Unlawful Activities (Prevention) Act (APUAPA) has come under scrutiny due to recent detentions and allegations of constitutional violations. 

• The demands for its repeal raise questions about fundamental rights, jurisdictional authority, and the necessity of granting additional powers when existing laws already address similar offenses. 
• The ongoing debate emphasizes the need to strike a balance between maintaining public order and safeguarding individual liberties.

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