Isn't UAPA a Black Law which is a threat to our Democracy ?
UAPA is a law that aims at preventing Unlawful Activities in India. Its objective is to give Powers but not Justice for dealing with activities directed against the Integrity and Sovereignty of India.
There 3 main points which we need to know:-
• In the past, Government could declare any organization as a terrorist organization but according to the 2019 UAPA act a person can be designated as a terrorist
• In the past, we needed to take permission from the Director-General of Police to check and investigate the Property but according to 2019 UAPA, Attachment of Property is allowed.
• In the past the deputies of pretended or assistant commissioner of police investigate the case but according to 2019 UAPA NIA officers will investigate UAPA cases
Talking about the Burden of Proof, The investigating agency will have to prove whether a person is a terrorist or not, not the accused. The law has a longer period of detention without judicial scrutiny with very few chances of providing bail.
Talking about what our Indian government says about UAPA, There is a 72% rise in arrests between 2015 to 2019 and the conviction rate is just 2.2% which proves that UAPA is indiscriminate. The highest cases of UAPA were recorded in Manipur (306), Tamil Nadu (270), Jharkhand (105), Assam (87) highest arrest recorded in UP (498), Manipur (386), Tamil Nadu (308), Jharkhand (202). The Parliament says that there is a decrease in terrorism in Jammu and Kashmir but there are 225 cases recorded and 227 arrests.
Now, let's talk about few activists who were arrested under UAPA
Safoora Zargar:- She is a student activist hailing from Jammu and Kashmir, a student of JMI. The Delhi Police arrested her under UAPA saying that she was a part of a conspiracy to cause records and making an inflammatory speech. The prosecution said Zargar made an inflammatory speech on 23 Feb 2020 at Chand Bagh, but her lawyers said that she delivered a speech at Khureji (Another part of Delhi). Gautam Bhatia, the constitutional scholar, critiques The reasoning in that order for Zargar's continued detention. In June 2020, A preliminary report by the American bar association said that international law including treaties in which India is a state party only permits pre-trial detention and narrow circumstances which didn't appear to have met in Zargar's Case. Presently she is on bail and there is no evidence found against her.
Natasha Narwal:- She is a student activist who was protesting peacefully against the CAA act. Delhi Police arrested her under UAPA saying she was forcefully asking women to take part in the CAA rally, giving an inflammatory speech, and blocking roads but the court did not find any evidence against Natasha Narwal that she tried to spread inflammatory speech.
Umar Khalid was booked under UAPA for Inflammatory speeches instigating Delhi Riots and provocative speeches during the visit of Donald Trump to India. Akhil Gogoi was also arrested under UAPA with allegations of Maoist Conspiracy but did not find any evidence which could be responsible for destroying the Unity, Integrity, and Sovereignty of India.
Delhi High Court stated that the State isn't understanding what is the difference between Peaceful Protest and Terrorist Activities. The right to protest cannot be called a Terrorism Activity and the Right to Protest is a Constitutional Right. DHC, even said that inflammatory speech, Blocking Road, and Peaceful Protest don't come under UAPA or can't be linked to Terrorist Activities.
Under Bhima Koregaon Case, Sudha Bhardwaj, Rona Wilson, Dr. Anand Teltumbde, Varavara Rao, Mahesh Raut, Stan Swamy, and many more are Arrested.
Varavara Rao:- He is an 80-year-old Poet, Activist, professor, and writer who is arrested under UAPA having allegations of being involved in the Bhima Koregaon case where police alleged that he made speeches responsible for inciting violence. If UAPA and his arrest are serious then why Trail wasn't done till 22 months of his arrest. His Bill was rejected five times, even the medical Covid bail was rejected. Before the Maharashtra government was handling the case but after elections and change of govt, the Central Government took the case into their hand. His family members said that His physical and mental health was getting worse in jail. NIA opposed Bail and said that He was taking undue advantage of the Pandemic. A
Presently he is under 6 months bail on medical grounds.
Sudha Bhardwaj:- Bombay High Court, said There was no incriminating evidence found against Sudha Bhardwaj. It was claimed by Pune Police that some documents were recovered from her co-accused which mentions her activities and proves that she is a member of CPI (Maoist). The caravan investigated documents of the case, which the Pune Police had presented to the court as true copies of incriminating files. They found many indications that the police may have used their devices while it had them in its custody and may have edited files on them.
1994, SC judgment said that,
Every Terrorist is a criminal but Every Criminal isn't a Terrorist.
In another case, SC said Terrorism is about Hijacking, Car Bombing, or using Nuclear Weapons. In a case - PUCL vs UNION OF INDIA, SC judgment said Terrorism is about When someone tries to remove democracy elected government or try to harm constitutional's main principles i.e unity, integrity, and sovereignty or tearing apart secular fabric. Our New Chief Justice of India, N.V RAMANA has joined the Chorus against Sedition Law.
If we observe, We can see that people arrested under UAPA, are mostly human right activist, tribal or Dalit Rights activists, or student activists. These activists are fighting against the government peacefully and to stop their movements such laws like UAPA are practiced where a person can't get bail easily and their movements can be stopped.
Few questions raised in my mind:-
1. Isn't UAPA destroying our Voice of Protest?
2. Are we ready to get arrested and named as Terrorists without the government having any proof or Pre Trial against us?
3. Is UAPA demonstrating Justice or Giving Power?
4. Isn't UAPA misused?
5. Why are there many arrests and cases after 2014?
6. Isn't UAPA also a TADA or POTA?
7. Isn't UAPA a Black Law?
8. Why are the ones arrested who are fighting against government wrong policies?
9. Once the activist is arrested, there is no trial - Why?
