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Report No. 43

7.2. Disruptive activity.-

We think that the principal offence1 dealt with in the Unlawful Activities (Prevention) Act, 1967 (so far as relates to individuals), namely, taking part in, committing, advocating, abetting, inciting or advising certain activities described in the Act as 'unlawful activities' could form the first section in the group of subversive activities. The definition of an 'unlawful activity' in that Act comprises three kinds of acts, concerned respectively with (i) cession of Indian territory, (ii) secession of a part of the territory from the Indian Union, and (iii) disclaiming, questioning or disrupting the sovereignty and territorial integrity of India.

The first two are really in illustrative of the third, which is the most general, and the essence of it is disruption. A more expressive designation for this type of anti-national activity would, therefore, be "disruptive activity". It is obvious that such acts are in their essence subversive acts. As has been stated more than once, the essence of treason is destruction of the bond between the citizen and the State. These acts are aimed at such destruction.

The provision which we propose on the subject is modelled on section 13(1) of the Act, which contains the penal provision. The gist of section 2(f) which defines "unlawful activity" and of section 2(b) and 2(d) which explain "cession" and "secession" respectively, is put in the Explanation.

The relevant section will be as follows:-

"Disruptive activity.-Whoever commits, or abets the commission of, any disruptive activity, or advocates or advises any disruptive activity, shall be punishable with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Explanation.-For the purpose of this section,-

(a) "disruptive activity" means any action taken, whether by act or speech, or by written words, signs or visible representation, or otherwise,-

(i) which questions, disrupts, or is intended to disrupt the sovereignty and territorial integrity of India, or

(ii) which is intended to bring about, or supports any claim for, the cession of any part of India, or the secession of any part of India from the Union, or

(iii) which incites any person to bring about such cession or secession;

(b) "cession" includes the admission of the claim of any foreign country to any part of India;

(c) "secession" includes the assertion of any claim to determine whether a part for India will remain within the Union.

Exception.-Nothing in this section applies to any treaty, agreement or convention entered into between the Government of India and the Government of any other country or to any negotiations therefor carried on by any person authorised in this behalf by the Government of India."

1. Section 13(1), Unlawful Activities (Prevention) Act, 1967.

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