Terrorism and Insurgency are distinct but often overlapping concepts of political violence, primarily addressed in India by the Unlawful Activities (Prevention) Act, 1967 (UAPA), which is an act of Parliament. Terrorism is a method of coercion that uses or threatens violence to spread fear and attain political or ideological goals. In contrast, Insurgency is a rebellion by armed groups, typically citizens, against the recognised government of a state, often with a specified political aim like secession.
The UAPA was originally enacted in 1967 to address anti-national activities and secessionist movements, such as the Naxalbari peasants' uprising. A specific chapter on prosecuting terrorist acts was inserted in 2004, following the repeal of the earlier anti-terror laws: the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), which lapsed in 1995, and the Prevention of Terrorism Act, 2002 (POTA), which was repealed in 2004.
The mechanism of the UAPA is centered on defining and punishing these acts. Section 15 of the UAPA defines a "terrorist act" as one committed with intent to threaten the unity, integrity, security, or sovereignty of India, or to strike terror in the people. The Act allows the Central Government to declare an association "unlawful" under Section 3, and provides for severe punishments, including the death penalty or life imprisonment if the terrorist act results in death. The law is connected to the National Investigation Agency (NIA), which investigates UAPA cases, and the concept of "unlawful activity" which threatens India's sovereignty.
The UAPA was most recently amended in 2019. The key change was empowering the Central Government to designate individuals as terrorists, a power previously limited to organizations. The 2019 amendment also allowed an NIA officer of the rank of Inspector or above to investigate cases, and the Director General of NIA to approve the seizure of property connected with terrorism.