·PIB·15 marks·250–350 words

Online radicalisation by ideological preachers is a new challenge to India's internal security. Discuss the legal and institutional responses.

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In this answer
  1. Why the challenge is new
  2. Legal responses
  3. Institutional responses
  4. Gaps

Online radicalisation happens when preachers use digital platforms to spread hatred and justify violence to a scattered audience they never meet. The Ministry of Home Affairs (MHA) has renewed its ban on the Islamic Research Foundation (IRF), whose leader it calls a "fugitive terror preacher" [1]. The case shows that India responds mainly through preventive law, backed by institutional checks.

Why the challenge is new

  • Reach across borders: a preacher living abroad can keep influencing followers in India while staying beyond arrest [1].
  • Religion mixed with hatred: the grounds cited against IRF include inciting communal hatred, spreading separatism and helping absconding terrorists regroup [1].

Legal responses

  • Banning the organisation: Section 3 of UAPA, 1967 lets the Centre declare an association unlawful by Gazette notification. This reaches its funds, premises and front organisations, not just one person [2].
  • Punishing continued membership: Section 10 makes membership of a banned group a crime. In Arup Bhuyan (2023) the Supreme Court held that a person who knowingly stays a member after a ban is liable even without proof of violence [3].
  • Constitutional basis: Article 19(4) allows limits on freedom of association to protect sovereignty, integrity and public order.

Institutional responses

  • MHA: as the ministry in charge of internal security, it declares and renews bans. IRF appears on its list of unlawful associations [4].
  • UAPA Tribunal: a single High Court judge must find "sufficient cause" within six months. A confirmed ban lasts five years, so it has to be reviewed periodically [2].
  • NIA and state police: they investigate UAPA offences and enforce bans on the ground.

Gaps

  • Hidden evidence: under the proviso to Section 3(2) the Centre can withhold facts, and under Section 3(3) a ban can take effect before any judge reviews it [2].
  • Risk of overreach: there is no compensation for people acquitted under UAPA, and the NCRB keeps no data on UAPA cases against journalists [5].
  • Ideas versus acts: bans hit organisations, but online content and preachers abroad also need takedown, extradition and counter-narrative tools.

India's response combines executive bans, confirmation by a judge and stricter liability for members. Going forward, the MHA could publish Tribunal orders with sensitive parts removed, report UAPA outcomes in detail and set up a scheme to compensate people wrongly prosecuted. Building digital counter-radicalisation with communities and platforms would also help. With these steps, India can protect its sovereignty while honouring the Article 19 balance between liberty and security.

Sources

  1. 1Press Information Bureau – MHA extends ban on Islamic Research Foundation as an unlawful association under UAPA"fugitive terror preacher"; grounds of communal hatred, separatism and regrouping of absconding terrorists
  2. 2The Unlawful Activities (Prevention) Act, 1967 – India CodeSection 3 declaration, proviso to 3(2), Section 3(3), Tribunal review, five-year validity
  3. 3Arup Bhuyan v. State of Assam, Supreme Court of India, Judgment dated 24-03-2023continued membership after a ban is punishable under Section 10
  4. 4MHA – Unlawful Associations under Section 3 of UAPA, 1967IRF on the MHA list of unlawful associations
  5. 5MHA reply to Rajya Sabha Unstarred Question No. 1045 (04-12-2024)no compensation for people acquitted under UAPA; NCRB keeps no data on UAPA cases against journalists

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