A total of 10,440 persons were arrested between 2019 and 2023 under the Unlawful Activities Prevention Act, the Union government has told Parliament. Of these, only 335 persons were convicted under the anti-terror law.
Jammu and Kashmir had the highest number of arrests between 2019 and 2023 under the UAPA among the states and Union Territories at 3,662. However, it had only 23 convictions, as per data tabled in the Lok Sabha on December 2 by Minister of State for Home Affairs Nityanand Rai.
Uttar Pradesh had the second highest number of arrests during this period at 2,805. The state registered 222 convictions under the Act from 2019 to 2023.
Other states with a high number of arrests included Assam, Manipur and Jharkhand.
The Unlawful Activities Prevention Act allows the Union government to designate an individual or organisation as “unlawful” and also defines punishments for terrorist acts. Under the law, which was enacted in 1967, investigative agencies get 180 days to probe a case, compared to 60 to 90 days under ordinary criminal law.
It is also generally difficult to secure bail for someone charged with an offence under the UAPA.
Unlawful activity is defined in the law as any action, whether by a person or an association, which “disclaims, questions, disrupts or is intended to disrupt the sovereignty and territorial integrity of India” or “causes or is intended to cause disaffection against India”.
Over the years, activists and legal experts have raised concerns about an increase in the number of UAPA cases against critics of the government. The law is meant to combat terrorism but it has been used against many other activities, they say.
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