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Tag: UAPA

Indian legal system produces unlawful laws

Indian legal system produces unlawful laws


Drawing by Arun Ferreira

Pakistan Today / by Shazia Cheema

The laws based on personal agenda to maintain and retain power have paved the way for civil unrest.
Law and order have always perceived as a relative situation although it meant to serve the purpose of maintaining order and peace, it has been observed that laws are not always enough to keep harmony in society. Law made by man for man has a coherent tendency to create craves between state and society.
The textbook example of that is Indian laws named UAPA, TADA, and POTA. These three laws created for the safety of society have been immensely used to subjugate the population of India and have been criticised by the civil society that named these laws as “Draconian Laws”.
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S.M. Mushrif: Secularists should challenge UAPA in Supreme Court

S.M. Mushrif: Secularists should challenge UAPA in Supreme Court

Frontline / by Ziya Us Salam

(Print edition: April 9, 2021)
Interview with S.M. Mushrif, former Inspector General of Police, Maharashtra.
… In the light of Bhima Koregaon and the anti-Citizenship [Amendment] Act protests in Delhi and elsewhere, arbitrary arrests have been made under the UAPA. Many professors, students, poets have been incarcerated for long. Is the law supposed to safeguard the common man or frighten him?
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5,128 Cases Under UAPA Since 2015, 72% Rise in Last Five Years

5,128 Cases Under UAPA Since 2015, 72% Rise in Last Five Years

5,128 Cases Under UAPA Since 2015, 72% Rise in Last Five Years

11/03/2021

News Click / by News Click

According to the data, 30 cases were lodged on charges of sedition in 2015 followed by 35 in 2016, 51 in 2017, 70 in 2018 and 93 in 2019.
As many as 5,128 cases under the stringent anti-terror law UAPA and 229 on charges of sedition have been lodged across the country in a five-year period from 2015, the Parliament was informed on Wednesday.
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UAPA: 72% Rise in Arrests Between 2015 and 2019

10/03/2021

The Wire / by The Wire Staff

Data revealed by the home ministry earlier showed that just 2.2% of the cases under the Act ended in court convictions.
There has been a 72% increase in the number of arrests made under the draconian Unlawful Activities (Prevention) Act (UAPA) in 2019 in relation to those made in 2015, according to data provided by the Ministry of Home Affairs (MHA) in the Lok Sabha.
According to The Hindu, the MHA revealed that as many as 1,948 persons were arrested under the UAPA in 1,226 cases that were registered across the country in 2019. Between the years 2015 and 2018, 897, 922, 901 and 1,182 cases were registered and 1,128, 999, 1,554 and 1,421 people were arrested, Union minister of state for home G. Kishan Reddy said in a written reply.
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Over 72 per cent rise in UAPA cases since 2019, what does the Act entail?

10/03/2021

Edex Live / by Edex Live

In July 2019, the ambit of UAPA was expanded. It was amended allowing the government to designate an individual as a terrorist without trial.
The Ministry of Home Affairs told the Lok Sabha that there has been over 72 per cent increase in the number of persons arrested under the anti-terror law UAPA.
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VV Rao’s Bail: Leading Newspapers Urge Courts to Protect the Fundamental Right to Liberty

VV Rao’s Bail: Leading Newspapers Urge Courts to Protect the Fundamental Right to Liberty

Varavara Rao’s Bail: Leading Newspapers Urge Courts to Protect the Fundamental Right to Liberty

27/02/2021

The Leaflet / by Manya Saini

Poet-Activist Varavara Rao’s extended judicial custody amid severe medical concerns has brought into question the rights of accused persons awaiting trial. Leading newspapers have pressed upon the need for judicial reform and argued that courts must come forward to protect the fundamental rights of citizens that are threatened by draconian laws like sedition and UAPA.
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Justice lives: Rao and Ravi granted bail

25/02/2021

The Telegraph / by editorial board

The momentum generated by these verdicts needs to be taken forward to kindle an informed debate on judicial reform.
A fair investigation is one of the prerequisites of justice. The infirmities in two separate investigations that were exposed and castigated by the courts in two recent judgments merit attention. The Bombay High Court granted conditional bail to the poet, Varavara Rao, infirm and an accused in the Elgaar Parishad case, observing that the National Investigation Agency had kept him in custody without framing charges for an extended period of time.
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Bail as right: On bail to Varavara Rao

22/02/2021

The Hindu / editorial

Laws, however stringent, cannot be allowed to trump basic rights.
n granting bail for six months to poet Varavara Rao in the Bhima Koregaon case on medical grounds, the Bombay High Court has affirmed the principle that even the stringent provisions of an anti-terrorism law are not invincible before a prisoner’s constitutional rights.
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Statement by Pen International

23/02/2021

By Pen International


Sharper Fights Ahead – Statement in view of VV’s Interim Bail

22/02/2021

By Release the Poet Committee

People’s Poet Varavara Rao’s interim (medical) bail granted by Mumbai High Court is a small but vital breakthrough, which was long overdue, is indeed an outcome of people’s rejection of state atrocities – but leaves no space for any self-satisfaction for them, who are unceasingly fighting in defense of VV and other victims of Bhima Koregaon-Elgar Parishad case.
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Varavara Rao’s bail: Hope for other accused

22/02/2021

The Times of India / by Shruti Ganapatye

With the Bombay high court granting bail to ailing activist Varavara Rao in the Bhima-Koregaon case on Monday, there is a renewed hope among other accused about similar relief coming their way.
Top lawyers, some of them representing the accused in the case, said though bail is difficult to secure in Unlawful Activitities Prevention Act (UAPA) cases, Rao’s case, where bail was granted on health grounds, has set a precedent.
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Video: VV Rao – Poet, Activist, Political Prisoner

22/02/2021


en | 5:54 | 2021

By Karwan e Mohabbat

Varavara Rao is no stranger to being imprisoned, but the 82-year-old is also the conscience of our society-an intellectual we need to protect from the excesses of a state determined to destroy dissent.
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How UAPA curtails personal liberty, undermines fair trial

How UAPA curtails personal liberty, undermines fair trial

Hindustan Times / by Gautam Bhatia

To stop UAPA from continuing to be the tool of repression that it has become, it is vital that the courts either strike down — or substantially read down — this section, and ensure that years in jail do not become an automatic consequence of the police’s (read: the State’s) decision to charge inconvenient opponents under this law.
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Colin Gonsalves interview: Policemen who pursue malafide cases should face crippling fines

Colin Gonsalves interview: Policemen who pursue malafide cases should face crippling fines

Scroll.in / by Smitha Nair

The noted lawyer speaks about the need for a legal framework to make the state pay for violating civil liberties by way of wrongful prosecutions.
The recent spate of FIRs invoking sedition charges against journalists for allegedly sharing unverified information on social media about the death of a protestor during the farmers’ tractor rally on January 26 has prompted a former Supreme Court judge to call for an interventionist approach by the apex court to deal with the “rampant abuse of the criminal justice system”.
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Process Has Become Punishment In Case Of Varavara Rao: Anand Grover (video)

Process Has Become Punishment In Case Of Varavara Rao: Anand Grover (video)


en | 15:50min | 2021

The Logiacl Indian / by Navya Singh

81-year-old poet, activist Varavara Rao has spent 149 out of 365 days in the hospital. The activist’s lawyers and family have urged that he should be granted bail on medical grounds as his health condition continues to deteriorate.
The Logical Indian’s Navya Singh spoke to Senior Lawyer Anand Grover who represents Varavara Rao in the case to get more details.
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Videos: Persecution by Prosecution – PUCL and 100 Organisations demand: Repeal UAPA / Session Reports

Videos: Persecution by Prosecution – PUCL and 100 Organisations demand: Repeal UAPA / Session Reports

en | 2h 17min | 2021

The Leaflet / by People’s Union for Civil Liberties

PUCL India and over hundred organisations present:

Repeal UAPA – Persecution by Prosecution

Three Day consultation on 20th, 21st and 22nd January, 2021
► Repeal UAPA – Day Three (en + … | 2h 51min | Jan 2021)
► Repeal UAPA – Day Two (en +… | 2h 22min | Jan 2021)
► Repeal UAPA – Day One (en + … | 2h 17min | Jan 2021)


Also watch:
► Why is the state afraid of Sudha Bharadwaj? (en + hindi | 2h 53min | Jan 2021)
► 100 Days of the incarceration of Fr. Stan Swamy (en + hindi | 3h | Jan 2021)


Session Report: Under UAPA, anything can be an offence based on flimsy evidence

22/01/2021

The Leaflet / by Megha Katheria

Bringing together lawyers, activists, and victims of UAPA, the second day of PUCL’s national consultation on repealing UAPA was packed with heart-wrenching stories of abuse and torture by the law. This underpinned the passionate launch of the campaign to repeal UAPA by PUCL and 100 other organisations. It is similar to the cohesive action by human rights organisations against TADA in 1990s and POTA in the early 2000s.
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Session Report: PUCL and 100 Organisations demand the repeal of the UAPA

21/01/2021

The Leaflet / by Parvathi Sjiv

In a session packed with human stories of abuse and misuse of law where activists and commoners were abused, the People’s Union for Civil Liberties (PUCL)  began a three-day session on January 20th with over 100 other organisations comprising advocates, activists and others who spoke about the Unlawful Activities (Prevention) Act.
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Podcast: Bhima Koregoan violence – Three years on, Activists remain arrested and justice remain awaited

Podcast: Bhima Koregoan violence – Three years on, Activists remain arrested and justice remain awaited

Drawing by Arun Ferreira

By On Record

Three years after the caste violence in Bhima Koregoan, 16 human right activists have been arrested under Unlawful Activities Prevention Act in connection with the case. Multiple conspiracy theories have been laid out by the police but it may be long before they are proved and the guilty is punished.
Professor Apoorvanand from Delhi University and Harish Vasudevan, an advocate practicing at Kerala High court share their insights for the story.
Listen to podcast (11:00min)

India Is Targeting Defenders of Indigenous Rights as “Terrorists”

India Is Targeting Defenders of Indigenous Rights as “Terrorists”

Scientific American / by Virginius Xaxa

Adivasis and their allies are being persecuted for protesting development that destroys the environment.
On October 8, 2020, Indian authorities arrested Stan Swamy, an 83-year-old Jesuit priest affected by Parkinson’s disease, from his home in the state of Jharkhand. Swamy is being held under an antiterrorism law, the Unlawful Activities Prevention Act (UAPA), that a group of United Nations’ Special Rapporteurs has condemned for enabling the Indian state to designate dissidents as terrorists and detain them for months without access to courts.
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