Arrest of Kashmiri students sparks outcry over UAPA UPSC

UAPA

Copyright infringement not intended

Picture Courtesy: www.newsclick.in

Context: The arrest of students at an agriculture university in central Kashmir’s Ganderbal district under the Unlawful Activities Prevention Act (UAPA) has sparked outrage and concerns about the misuse of the law.

Key Highlights

The UAPA is India’s primary law dealing with offences of terrorism and subversive activities. However, it has been criticized for being broad and draconian, as it empowers the government to detain individuals for long periods without trial.
The use of UAPA against students for allegedly raising pro-Pakistan slogans has raised concerns about the misuse of the law to stifle dissent and freedom of expression.
The arrest has been condemned by various human rights groups and political parties. They have called for the release of the students and urged the government to repeal the UAPA.
Many have expressed concern that the use of UAPA against students will create an atmosphere of fear and intimidation on campuses.
While the allegations against the students are serious, it is important to note that they have not yet been proven in court. A thorough and impartial investigation is needed to determine the facts of the case. Due process must be followed, and the students should be given a fair trial.
This incident highlights the need for a review of the UAPA. The law should be amended to ensure that it is not used to target individuals for their political beliefs or expressions. There must be safeguards in place to prevent the misuse of the law and protect fundamental rights.

Unlawful Activities (Prevention) Act (UAPA)

●The Unlawful Activities (Prevention) Act (UAPA) aims to prevent unlawful activities that threaten the sovereignty, integrity and security of India. The law was enacted in 1967 and has been amended several times since then, most recently in 2019.

●It empowers the central government to designate any individual or association as unlawful or terrorist if they are involved in any activities that support or incite cession or secession of any part of India, or question or deny its territorial integrity.

●It criminalizes the raising, receiving or providing of funds for terrorist acts, the membership or support of terrorist organizations, and the possession or transfer of proceeds of terrorism.

●It provides for special courts to try offences under the act, and allows for prolonged detention of suspects without bail or charge.

●It presumes the accused to be guilty unless proven innocent and makes it difficult for them to challenge the evidence against them.

Conclusion

The arrest of students under the UAPA is a worrying development. It raises serious concerns about the state of free speech and dissent in India. It is crucial to ensure that the law is not used to suppress legitimate dissent and that students’ right to express their opinions is protected.

Must Read Articles:

UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA): https://www.iasgyan.in/daily-current-affairs/unlawful-activities-prevention-act-uapa-32

PRACTICE QUESTION

Q. What are the key provisions and implications of the Unlawful Activities (Prevention) Act (UAPA), and how does it impact civil liberties and security measures within the legal framework of a country?