The Indian Union Muslim League (IUML) has opposed the amendments to the Unlawful Activities Prevention Act (UAPA) and the NIA Act as it amounts to violation of fundamental rights of the individual as enshrined in the Constitution.

IUML general secretary P.K. Kunhalikutty, who presented his party’s views during the course of the Lok Sabha debate on the amendment Bill, said on Tuesday that his party was opposed to tagging of individuals with suspected terror links as terrorists by adding the word “individual” to Chapter VI of the original act as it violated the Fundamental Rights of individuals guaranteed by the Constitution.

Mr. Kunhalikutty said the UAPA was a misused draconian law and a number of youngsters have been put behind bars, sometimes belonging to a particular community, on frivolous charges. The tagging of individuals will only set the stage for political vendetta.

“The UAPA is not meant for convicting people, it used to detain them. The burden of proof usually falls on the police, but under the UAPA, the burden is on the person accused to prove his innocence. Eventually, acquittals might happen but a considerable time passes by and the person’s life is ruined.

The accused has to go through a long legal process and incarceration by the time he is acquitted. This could change his life and cause problems in re-integrating him into society. The scars of such an experience can last for a long time in the mind of the victim, he said.

Similarly, the law does not have the provision for anticipatory bail. Bail is difficult because you have to prove prima facie that there is no case. The amendment Bill has provisions that permit the investigating agency six months time to file chargesheet as against the three at present.

Mr. Kunhalikutty pointed out that 98 per cent of the cases under UAPA was pending in courts. He wondered why the Centre was averse to bringing in legislation against mob lynching. The country is facing the menace of mob lynching in the name of cow protection and recently on non-chanting of Jai Sri Ram, he said referring to the lynching of three persons in Jaunpur in Uttar Pradesh.