WHAT IS UAPA ACT AND HOW INDIAN GOVERNMENT MISUSESD.

WHAT IS UAPA ACT.

The UAPA, also known as the Unlawful Activities (Prevention) Act, has been a source of controversy in India. It was first enacted in 1967 and has since undergone several amendments. The main purpose of the UAPA is to address unlawful activities that may jeopardize the sovereignty and integrity of India. However, there are concerns that the act has been used to suppress dissent and infringe upon basic freedoms. In this article, we will explore the UAPA Act in India, its significant provisions, its impact on civil liberties, and the ongoing debates associated with it.

Key provision of UAPA ACT.

• Definitions of Unlawful Activities: The UAPA Act defines “unlawful activities” broadly to include actions that intend to disrupt the sovereignty and integrity of India. These  activities may involve secessionist movements, terrorism, or advocating for cession of any part of India,
• Ban on unlawful organization: It is important to be aware of the Unlawful Activities (Prevention) Act (UAPA) which allows the government to ban organizations that are suspected to be involved in unlawful activities. Supporting or being a member of such organizations can lead to serious consequences and penalties. It is best to stay away from any organization that may potentially be involved in illegal activities. Safety and abiding by the law should always be a top priority.
• Arrest and Detention: The provision under UAPA allows law enforcement agencies to detain individuals without filing formal charges for up to 180 days. This has been a topic of concern among critics who argue that such prolonged detention without trial is a violation of human rights. It is important to ensure that individuals are not unjustly detained for extended periods of time without proper legal proceedings.
• Confessions to police: The act allowing confessions made to a police officer to be admissible evidence in court has sparked worries about the possibility of abuse and coercion during interrogations. Many fear that this could lead to wrongful convictions and a lack of justice for those who are innocent. It is important to ensure that interrogations are conducted in a fair and ethical manner to uphold the integrity of the legal system.
• Restriction on bail: It can be incredibly difficult to secure bail under the Uniform Accusation and Prosecution Act (UAPA), particularly when the prosecution is actively fighting against it. Unfortunately, this can result in a prolonged period of incarceration for those awaiting trial who are unable to obtain bail.

Impact on Civil Liberties

• Chilling Effect on Free Speech: Critics have expressed concern over the potential chilling effect of the UAPA on free speech and dissent. Many fear that they may be labeled as “unlawful” for expressing their views, which could result in serious repercussions for both individuals and organizations alike. This has led to a climate of fear and uncertainty, as people are hesitant to speak out on issues that they feel strongly about, for fear of being labeled as “unlawful” or facing other consequences. Despite these concerns, the UAPA Act remains a controversial and polarizing topic in India and beyond.
• Prolonged Detention: The provision allowing for detention without charge for up to 180 days has received a lot of backlash for violating the fundamental right to a fair trial and due process. Many people argue that this provision goes against the basic principles of justice and undermines the integrity of the legal system. It is important to ensure that individuals are not deprived of their rights and liberties without proper cause and that they are given the opportunity to defend themselves in a fair and transparent manner.
• Potential for Abuse: It’s concerning to hear about the alleged misuse of the UAPA Act by law enforcement agencies to target activists, journalists, and political opponents. This raises serious questions about the abuse of power and the need for accountability and transparency in our justice system. We must ensure that our laws are not being used to suppress dissent or silence voices of opposition. It’s important to uphold the principles of justice and fairness in all circumstances.
• Limited Judicial Oversight: It has been argued by some critics that the provisions of the act could potentially limit the scope of judicial oversight, thereby making it more challenging to challenge its application or potential abuse.

UAPA ACT MISUSED BY INDIAN GOVERNMENT

It’s concerning to hear about the recent raid on Newsclick’s office by Delhi Police, and the arrest of some of their news reporters. It’s even more alarming to learn that the UAPA Act has been imposed on these reporters. Newsclick is a YouTube channel that reports on news from India and abroad, and it’s clear that they don’t support the Modi government. They cover issues that are in the best interest of the country, but it seems that the Modi government doesn’t appreciate this. Instead of allowing for free speech and healthy discourse, the government seems to be silencing those who question their actions. It’s wrong to label news reporters who provide truthful information to the public as “terrorists.” The UAPA Act was originally meant for those who act against the country, not for those who question the government’s actions. It’s disappointing to see that the Modi government is using this act as a tool to silence critics. It’s important to remember that the Constitution of India guarantees freedom of speech to all citizens, and this is something that should be protected. It’s crucial for a healthy democracy to allow for open discussion and debate, even if it challenges those in power.

Journalists under UAPA in India – A Free Speech Collective Tracker (2010 till date)*

Journalists currently charged under UAPA ACT : 16
Journalists behind bars for UAPA ACT : 07
Journalists on bail on UAPA ACT charges : 08
Journalists charged but not arrested : 01
Journalists acquitted : 01
Journalists discharged : 01

Arrested, in police custody
1. Prabir Purkayastha, Editor, Newsclick – 03.10.2023, New Delhi

In Prison
1. Aasif Sultan, Reporter, Kashmir Narrator – 27.08.2018; Srinagar, Jammu and Kashmir
2. Fahad Shah, Editor , The Kashmirwalla – 04.02.2022, Pulwama, Jammu and Kashmir
3. Sajjad Gul, trainee reporter, The Kashmir Walla, 05.01.2022, Bandipora district, Jammu and Kashmir
4. Rupesh Kumar, Independent journalist – 17.07.2022, Ramgarh district, Jharkhand
5. Irfan Mehraj, Editor, Wande Magazine – 21.03.2023, Srinagar, Jammu and Kashmir

Under House Arrest

1. Gautam Navlakha, writer and consulting editor, Newsclick, 30.08.2018 (house arrest), 20.04.2020 (surrendered and jailed), 19.11.2022 (house arrest)

On bail (by order of arrest date)

1. Seema Azad, editor Dastak, Prayagraj, Uttar Pradesh – arrested February 2010, granted bail in August 2012; raided on 06.09.2023
2. Vishwa Vijay, editor Dastak, Prayagraj, Uttar Pradesh – arrested February 2010, granted bail in August 2012; raided on 06.09.2023
3. K K Shahina, journalist Outlook, case lodged in December 2010; granted anticipatory bail in July 2011
4. Siddique Kappan, journalist, Azhimukham, Delhi; arrested on 05.10.2020, granted bail in UAPA case on 09.09.2023 and PMLA case on 23.12.2022
5. Paojel Chaoba, executive editor, The Frontier Manipur, Imphal – arrested 17.01.2021, granted bail 18.01.2021
6. Dhiren Sadokpam, editor, The Frontier Manipur Imphal – arrested 17.01.2021, granted bail 18.01.2021-
7. Shyam Meera Singh, independent journalist, New Delhi, charged on 10.11. 2021; got anticipatory bail on 18.11.2021
8. Manan Dar, photojournalist, Srinagar, Jammu and Kashmir; arrested on 22.10.2021; secured bail on 04.01.2023

Charged but not arrested

1. Masrat Zahra, photojournalist, Srinagar, case registered on 18.04.2020;

Acquitted

1. Santosh Yadav, Bastar, Chhattisgarh, Sept 2015 ;acquitted 02.01.2020

Discharged

1. Kamran Yousuf, Pulwama, Jammu and Kashmir – arrested in Sept 2017; secured a discharge on 16.03.2022