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A submission by the Ministry of Home Affairs (MHA) before the Parliament, has revealed a huge gap between the number of persons who are under-trial and those who have been either convicted or acquitted under the Unlawful Activities Prevention Act (UAPA) in the country during 2016-2020.
On July 20, 2022, during the ongoing Monsoon Session of the Parliament, Rajya Sabha Member of Parliament Shri A. A. Rahim had asked the following questions:
(a) the details of total number of UAPA cases registered across the country during last five years;
(b) the details of number of under-trials, convicted and acquitted in these cases; and
(c) the details of the number of under-trials by social category wise – SC/ST/OBC-wise and religion-wise; and
(d) details of the number convicted by social category wise – SC/ST/OBC-wise and religion-wise?
In response, the Ministry submitted that the National Crime Records Bureau (NCRB) compiles the data on crime as reported to it by the State and Union Territories and publishes them. The Ministry revealed a compilation of the report from 2016- 2020.
The figures for the year 2020 were shocking to say the least. Out of 6,482 persons under trial, only 80 persons have been convicted and 116 have been acquitted. The increasing number of persons undertrial is concerning and is a poor reflection on the Indian judicial system.It suggests that the law is merely enabling their continued incarceration. Thus, the Unlawful Activities (Prevention) Act, (UAPA) is allegedly being misused to incarcerate political dissidents by a vindictive regime.
The years 2019 and 2020 are significant as protests had erupted nationwide against the Citizenship Amendment Act (CAA) soon after it was passed in late 2019, and in February 2020, violence had broken out in North East Delhi. Many scholars, student activists and human rights defenders have been chargesheeted under UAPA in connection with the alleged wider conspiracy behind this communal violence. These include Dr. Umar Khalid, Sharjeel Imam, Khalid Saifi, Tahir Hussain, Gulfisha Fatima and many more, particularly those belonging to the Muslim community.
In response to the demand for caste and religion-wise data, the Ministry could not provide any data, and submitted that such data was not maintained.
Last month, the Constitutional Conduct Group (CCG), a formidable group of former Indian civil servants had urged that provisions of draconian laws like the Unlawful Activities (Prevention) Act (UAPA), sections 2(1) (o) (iii) and 13 (1) need to be struck down similar to section 124A (Sedition) which was stuck down for being unconstitutional.
The entire answer maybe read here:
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