Enemy Agent Ordinance implemented in Jammu and Kashmir Union Territory in India

Enemy Agent Ordinance implemented in Jammu and Kashmir Union Territory in India

(This article is related to the section Indian Constitution and Governance, State Legislature, Centre – State Relations in India, India and its Neighboring Countries’ under UPSC Civil Services Mains General Studies Paper- 2 and ‘ Procedure of Trial under Unlawful Activities (Prevention) Act (UAPA), Enemy Agents Ordinance, 2005, Enemy Agents Ordinance in Jammu and Kashmir under UPSC Preliminary Exam. It also includes suggestions from the PLUTUS IAS Team. This article is related to Enemy Agents Ordinance implemented in Jammu and Kashmir Union Territory in India’ under Daily Current Affairs’.)


Why in the News ? 



  • Recently, the Director General of Police (DGP) of Jammu and Kashmir has said that those who support terrorists in India or in Jammu and Kashmir will be prosecuted. Unlawful Activities Prevention Act (UAPA) in place of Enemy Agents Ordinance, 2005 Should be prosecuted by investigating agencies under.
  • There is a provision for life imprisonment or death penalty under this law.


About Jammu and Kashmir Enemy Agent Ordinance : 




  • India’s The Enemy Agent Ordinance of the State of Jammu and Kashmir has a very old history. 
  • This ordinance was first issued by the Dogra Maharaja of Jammu and Kashmir in 1917.  
  • This “ordinance” It is so called because the laws made during the Dogra rule in Jammu and Kashmir “ordinance”  It was called so. 
  • After the partition of India, this Ordinance was re-enacted as law in the year 1948 by the Maharaja in exercise of his law making powers under Section 5 of the Kashmir Constitution Act, 1939.


Definition of Enemy and Enemy Agent :  


  • Under the Enemy Agent Ordinance, an enemy is described as “any person who, directly or indirectly, is engaged in any activity carried out by external aggressors to overthrow the Government established by law in the Union Territory of Jammu and Kashmir.” Participates in or assists in the campaign. 
  • The meaning of enemy agent is that if a person helps the enemy of the country by conspiring or in collaboration with another person, then he is called an enemy agent. 


Provision of Punishment : 


  • Under this Ordinance, enemy agents may be punished with death or imprisonment for life or rigorous imprisonment for a term which may extend to 10 years, and may also be fined।

Judicial Verification and Trial :


  • In the case of Rehman Shah vs. State of Jammu and Kashmir, 1959, the Supreme Court of India declared the Enemy Agents Ordinance constitutional in India. 
  • Under this ordinance, the prosecution is conducted by a special judge appointed by the government on the advice of the High Court. 
  • Under this ordinance, the accused is not allowed to appoint any lawyer without the permission of the court and there is also no provision to appeal against the decision given under this ordinance.


What is Unlawful Activities Prevention Act (UAPA) ?



  • The Unlawful Activities Prevention Act (UAPA) was passed in 1967 and its initial objective is to effectively prevent illegal activity groups in India. 
  • The Act includes provisions relating to terrorist financing, cyber-terrorism, individual designation, and confiscation of assets. 
  • It has been amended several times, the latest amendment of which was made in the year 2019.
  • Under the Unlawful Activities Prevention Act (UAPA), the National Investigation Agency (NIA) has the authority to investigate and prosecute cases registered under UAPA across the country. 
  • It provides for the death penalty and life imprisonment as the highest punishment for terrorist acts. 
  • The act allows for the detention of suspects without charge or trial for up to 180 days and the denial of bail to the accused unless the court is satisfied that they are not guilty. 
  • Under this Act, terrorism is defined as any act which causes or intends to cause death or hurt to any person, or causes damage to or destruction of any property, or which Threatens the unity, security or economic stability of India or any other country. 


Process of trial under Enemy Agent Ordinance in Jammu and Kashmir : 


The process of trials under the Enemy Agent Ordinance in Jammu and Kashmir is as follows –

  1. Trial before Special Judge : The trial under the Enemy Agents Ordinance is conducted by a special judge, appointed “by the Government in consultation with the High Court”.
  2. Court approval required to hire a lawyer : Under this ordinance, the accused cannot hire a lawyer to defend himself unless permitted by the court.
  3. No provision for appeal against the decision : There is no provision for appeal against the decision of the special court under the Enemy Agents Ordinance. The decision of the special judge can be reviewed only by “a person selected by the Government from among the judges of the High Court” and the decision of that person will be final.
  4. Prohibition on disclosure or publication of the matter : According to this Ordinance, any person who, without the previous permission of the Government, discloses or publishes any information in connection with any proceeding or in relation to any person under this Ordinance, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. can be done. 
  5. Under this ordinance, those who help terrorists are also considered enemies and can be punished with imprisonment or fine or both.


Source  – Indian Express. 


Practice Questions for Preliminary Exam : 


Q.1. Consider the following statements regarding Enemy Agent Ordinance.

  1. This ordinance was first issued in 1917.
  2. Under this ordinance, enemy agents could be punished with the death penalty or life imprisonment.
  3. According to this ordinance, they can be punished with rigorous imprisonment up to 10 years, and fine can also be imposed against them.
  4. There is no provision for appeal against the decision of the special court under the Enemy Agents Ordinance.

Which of the above statement/statements is/are correct? 

A. Only 1, 2 and 3.

B. Only 2, 3 and 4.

C. None of these. 

D. All of the above.

Answer – D 


Practice Questions for Main Exam : 


Q.1. Outlining the main provisions of the Enemy Agents Ordinance, 2005, discuss how it acts as an effective measure in ensuring internal security of the country and curbing terrorism or does it violate human rights? Give a logical explanation. ( UPSC CSE – 2021 Word Limit – 250 Marks – 15 ) 

No Comments

Post A Comment