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{{Short description|Indian law to prevent unlawful activities}}
#REDIRECT [[Unlawful Activities (Prevention) Act, 1967]]
{{use dmy dates|date=February 2022}}
 
{{use Indian English|date=February 2022}}
{{Redirect category shell|
{{Infobox legislation
{{R from move}}
| short_title    = The Unlawful Activities (Prevention) Act, 1967<br>
| legislature    =
| imagesize      = 150
| long_title    = An Act to provide for the effective prevention of certain unlawful activities of individuals and associations and for matters connected therewith.
| citation      = [https://www.indiacode.nic.in/bitstream/123456789/1470/1/A1967-37.pdf Act No. 37 of 1967]
| territorial_extent = [[India]]
| enacted_by    = [[Parliament of India]]
| date_enacted  =
| date_assented  = 30 December 1967<ref name="UAPA, 1967 at NIA.gov.in"/>
| date_commenced =
| bill          =
| bill_citation  =
| bill_date      =
| introduced_by  =
| 1st_reading    =
| 2nd_reading    =
| 3rd_reading    =
| amendments    = 1. The Unlawful Activities (Prevention) Amendment Act, 1969 (24 of 1969).<BR/>
2. The Criminal Law (Amendment) Act, 1972 (31 of 1972).<BR/>
3. The Delegated Legislation Provisions (Amendment) Act, 1986 (4 of 1986).<BR/>
4. The Unlawful Activities (Prevention) Amendment Act, 2004 (29 of 2004).<BR/>
5. The Unlawful Activities (Prevention) Amendment Act, 2008 (35 of 2008).<BR/>
6. The Unlawful Activities (Prevention) Amendment Act, 2019 (28 of 2019).
| summary        =
| keywords      =
| status        = in force
}}
}}
'''Unlawful Activities (Prevention) Act''' is an [[Indian law]] aimed at prevention of unlawful activities associations in [[India]]. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.<ref name="UAPA, 1967 at NIA.gov.in">{{cite web|title=UAPA, 1967 at NIA.gov.in|url=http://nia.gov.in/acts/The%20Unlawful%20Activities%20%28Prevention%29%20Act,%201967%20%2837%20of%201967%29.pdf|publisher=NIA|access-date=28 December 2022}}</ref> The most recent amendment of the law, the Unlawful Activities (Prevention) Amendment Act, 2019 (UAPA 2019) has made it possible for the Union Government to designate individuals as terrorists without following any formal judicial process.<ref>{{Cite web |last=Poddar |first=Rongeet |title=Constitutionality of India’s Unlawful Activities (Prevention) Amendment Bill, 2019: India’s McCarthyism Moment {{!}} OHRH |url=https://ohrh.law.ox.ac.uk/constitutionality-of-indias-unlawful-activities-prevention-amendment-bill-2019-indias-mccarthyism-moment/ |url-status=live |access-date=2022-11-18 |website=Oxford Human Rights Hub |language=en-US}}</ref><ref>{{Cite web |last=Sebastian |first=Manu |date=2019-07-28 |title=UAPA Amendment : Why Giving Govt Power To Declare Individuals 'Terrorists' Is Problematic? |url=https://www.livelaw.in/columns/uapa-amendment-individuals-terrorists-lok-sabha-problematic-146742 |url-access=subscription |url-status=live |access-date=2022-11-18 |website=www.livelaw.in |language=en}}</ref> UAPA is also known as the Anti-terror law.
The [[National Integration Council]] appointed a Committee on National Integration and Regionalisation to look into the aspect of putting reasonable restrictions in the interests of the sovereignty and integrity of India. The agenda of the NIC limited itself to communalism, casteism and regionalism and not terrorism.<ref>{{cite news|url=https://www.thehindu.com/news/national/National-Integration-Council-reconstituted/article16365938.ece|title=National Integration Council reconstituted|work=The Hindu|access-date=2020-11-23}}</ref> Pursuant to the acceptance of recommendations of the committee, the Constitution (Sixteenth Amendment) Act, 1963 was enacted to impose, by law, reasonable restrictions in the interests of the sovereignty and integrity of India. In 2019, the BJP led NDA government claimed that in order to implement the provisions of 1963 Act, the Unlawful Activities (Prevention) Bill was introduced in the Parliament.<ref>{{cite web|url=http://www.nia.gov.in/acts/The%20Unlawful%20Activities%20(Prevention)%20Act,%201967%20(37%20of%201967).pdf|title=The Unlawful Activities (Prevention) Act|publisher=Nia.gov.in}}</ref>
[[United Nations special rapporteur]]s stated that the provisions of the UAPA 2019, contravenes several articles of the [[Universal Declaration of Human Rights]] and the [[International Covenant on Civil and Political Rights]].<ref name="UN concern" /> The opposition parties in India called the UAPA a draconian anti-terror law. ''[[BBC]]'' has reported that people arrested and charged with UAPA find it harder to get bail.
== History ==
Pursuant to the acceptance by Government of a unanimous recommendation of the Committee on National Integration and Regionalism appointed by the National Integration Council, the Constitution (Sixteenth Amendment) Act, 1963, was enacted empowering Parliament to impose, by law, reasonable restrictions in the interests of sovereignty and integrity of India, on the:
# Freedom of Speech and Expression;
# Right to Assemble peaceably and without arms; and
# Right to Form Associations or Unions.
The object of this bill was to make powers available for dealing with activities directed against the integrity and sovereignty of India. The bill was passed by both the Houses of Parliament and received the assent of the President on 30 December 1967. The Amending Acts are as follows:
# The Unlawful Activities (Prevention) Amendment Act, 1969<ref>{{Cite web|url=https://www.latestlaws.com/wp-content/uploads/2014/10/the-unlawful-activities-prevention-act-1967-37-of-1967.pdf|title=The unlawful activities (prevention) Act, 1967|access-date=2020-02-12}}</ref>
# The Criminal Law (Amendment) Act, 1972
# The Delegated Legislation Provisions (Amendment) Act, 1986
# The Unlawful Activities (Prevention) Amendment Act, 2004
# The Unlawful Activities (Prevention) Amendment Act, 2008
# The Unlawful Activities (Prevention) Amendment Act, 2012<ref>{{Cite web|url=http://indiacode.nic.in/acts-in-pdf/032013.pdf|title=The Unlawful Activities Prevention (Amendment) Act, 2012|publisher=Government of India|access-date=Jan 11, 2022}}</ref>
# The Unlawful Activities (Prevention) Amendment Act, 2019<ref>{{Cite web|url=https://www.livelaw.in/pdf_upload/pdf_upload-362501.pdf|title=The Unlawful Activities (Prevention) Amendment Bill, 2019|access-date=2020-02-12}}</ref>
This last Amendment was enacted after [[Prevention of Terrorist Activities Act|POTA]] was withdrawn by the Parliament. However, in the Amendment Act in 2004, most of provisions of POTA were re-incorporated. In 2008, after [[2008 Mumbai attacks|Mumbai attacks]], it was further strengthened. The most recent amendment has been done in 2019. According to the statement of objects and reasons, the Bill amends the Unlawful Activities (Prevention) Act, 1967 to make it more effective in preventing unlawful activities, and meet commitments made at the Financial Action Task Force (an intergovernmental organization to combat money laundering and terrorism financing).<ref>{{Cite web|url=http://www.prsindia.org/billtrack/the-unlawful-activities-prevention-amendment-bill-2011-2159/|title=PRS {{!}} Bill Track {{!}} The Unlawful Activities (Prevention) Amendment Bill, 2011|website=www.prsindia.org|access-date=2016-08-15|date=29 December 2022}}</ref> 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 previous versions of the Bill allowed for only groups to be designated as terrorists.<ref name="TH08072019" />
In a ruling passed on 1 February 2021, the [[Supreme Court of India]] ruled that bail could be granted to accused if the right to speedy trial was violated.<ref>{{Cite web|url=https://www.livelaw.in/top-stories/uapa-cases-bail-fundamental-rights-speedy-trial-violation-supreme-court-section-43-d5-of-uapa-169235|title=Breaking-Violation Of Fundamental Right To Speedy Trial Is A Ground For Constitutional Court To Grant Bail In UAPA Cases: Supreme Court|date=1 February 2021|website=www.livelaw.in}}</ref>
== Unlawful Activities (Prevention) Amendment Act, 2019==
The Unlawful Activities (Prevention) Amendment Bill, 2019 was introduced in [[Lok Sabha]] by the Minister of Home Affairs, [[Amit Shah]], on 8 July 2019. The Bill amends the Unlawful Activities (Prevention) Act, 1967.  The Act provides special procedures to deal with terrorist activities, among other things. The act was passed in the Lok Sabha on 24 July and Rajya Sabha on 2 August. It received the assent of the president on 8 August.<ref name="PRS UAPA">{{cite web |title=The Unlawful Activities (Prevention) Amendment Bill, 2019 |url=https://prsindia.org/billtrack/the-unlawful-activities-prevention-amendment-bill-2019 |website=PRS Legislative Research |access-date=1 March 2022}} {{CC-notice|cc=by4}}</ref>
[[PRS Legislative Research]] explained the act below:<ref name="PRS UAPA" />
'''Who may commit terrorism''': Under the Act, the central government may designate an organisation as a terrorist organisation if it:
:(i) commits or participates in acts of terrorism,
:(ii) prepares for terrorism,
:(iii) promotes terrorism, or
:(iv) is otherwise involved in terrorism.
The Bill additionally empowers the government to designate individuals as terrorists on the same grounds.
'''Approval for seizure of property by NIA''': Under the Act, an investigating officer is required to obtain the prior approval of the Director General of Police to seize properties that may be connected with terrorism.  The Bill adds that if the investigation is conducted by an officer of the [[National Investigation Agency]] (NIA), the approval of the Director General of NIA would be required for seizure of such property.
'''Investigation by NIA''': Under the Act, investigation of cases may be conducted by officers of the rank of Deputy Superintendent or Assistant Commissioner of Police or above.  The Bill additionally empowers the officers of the NIA, of the rank of Inspector or above, to investigate cases.
'''Insertion to schedule of treaties''': The Act defines terrorist acts to include acts committed within the scope of any of the treaties listed in a schedule to the Act.  The Schedule lists nine treaties, including the Convention for the Suppression of Terrorist Bombings (1997), and the Convention against Taking of Hostages (1979).  The Bill also adds another treaty to the list.  This is the [[Nuclear Terrorism Convention|International Convention for Suppression of Acts of Nuclear Terrorism]] (2005).<ref name="PRS UAPA" />
== Mechanism ==
For prosecution under Section 13 of the UAPA, the permission of the [[Ministry of Home Affairs (India)|Ministry of Home Affairs]] (MHA) is required. However, for prosecution under Sections 16,17 and 18, the permission of the respective State government is required.<ref>{{cite web |title=Delhi Riots 'Conspiracy': In Tandem with MHA, Kejriwal Govt Clears Trial of Umar Khalid Under UAPA |url=https://www.newsclick.in/Delhi-Riots-Conspiracy-Tandem-MHA-Kejriwal-Govt-Clears-Trial-Umar-Khalid-UAPA |website=Newsclick |access-date=20 November 2022}}</ref> Section 25 allows the [[National Investigation Agency|NIA]] to seize property it considers to be proceeds of terrorism, with the written consent of the [[Director General of Police]] (DGP) of the State. However, it is possible for the NIA officer to obtain the consent of the DGP of the NIA thus bypassing the State DGP<ref>{{cite web |last1=Bora |first1=Harsh |title=UAPA Amended: The Govt Is Stealing Our Liberty From Under Our Feet |url=https://www.huffingtonpost.in/entry/uapa-draconian-amendments_in_5d5ab45ee4b0eb875f27018b |website=Huffpost |access-date=20 November 2022}}</ref> The police normally have 60 to 90 days to investigate a case and submit a charge-sheet failing which the accused may obtain default bail.  However, under the UAPA, this pre-charge sheet time is extended to 180 days. Further, normal bail rules do not apply to an accused under Section&nbsp;43(d)5 of the UAPA.<ref name="NIE23102018">{{cite news |last1=Ambasta |first1=Kunal |title=The law will not hold |url=https://indianexpress.com/article/opinion/columns/bhima-koregoan-uapa-elgaar-parishad-activists-arrest-urban-naxals-the-law-will-not-hold-5413419/ |access-date=20 November 2020 |agency=The Indian Express |date=23 October 2022}}</ref><ref name="ICNICIN">{{cite web |title=Section 43D. Modified application of certain provisions of the Code. |url=https://www.indiacode.nic.in/show-data?actid=AC_CEN_5_23_00001_196737_1517807318055&orderno=54 |website=Indiacode|access-date=25 November 2022}}</ref>
== Criticism ==
UAPA is criticized for its low conviction rate, which is around 2%. According to the data shared by the [[Union Government]], in the period 2016 to 2020, 5,027 cases were registered under the act with 24,134 people accused in those cases. Only 212 of 24,134 people were convicted and 386 were acquitted. This means, in the years 2016-2020, 97.5% of the people arrested under UAPA remain under prison awaiting for trial.<ref>{{cite news |title=UAPA Case Data Suggests That Process Is Indeed the Punishment |url=https://thewire.in/government/uapa-case-data-process-punishment-home-ministry-rajya-sabha |access-date=2022-08-27 |work=[[The Wire (India)|The Wire]] |date=2022-07-20}}</ref>
In July 2019 while introducing the Unlawful Activities (Prevention) Amendment Bill, 2019 the BJP led Union Government claimed that the bill would give it power to probe terror attacks on India, the Opposition parties in the Lok Sabha termed it draconian. The Opposition claimed that the Bill did not contain any provisions to prevent misuse. Specifically, the power to designate an individual as a terrorist before being proven guilty by trial, was criticised.<ref name="TH08072019">{{cite news |title=UAPA Bill draconian, terms Opposition in Lok Sabha |url=https://www.thehindu.com/news/national/uapa-bill-draconian-terms-opposition-in-lok-sabha/article28323449.ece |access-date=20 November 2020 |agency=The Hindu |date=8 July 2022}}</ref><ref>{{cite news |title=Opposition slams amendment to UAPA, call it draconian |url=https://www.deccanherald.com/national/national-politics/opposition-slams-amendment-to-uapa-call-it-draconian-751479.html |access-date=20 November 2020 |agency=Deccan Herald |date=2 August 2022}}</ref> Critics of the UAPA consider the definitions of "terrorist", "like to threaten" and "likely to strike terror" to be very broad and open to misuse by the police as the burden of proof of innocence is on the accused.<ref name="NIE23102018" /> The example of [[Gaur Chakraborty]] among others is cited wherein he spent 7 years in prison during trial only to be acquitted of all charges, wherein the imprisonment during trial itself amounted to punishment.<ref name=":2">{{Cite news|url=http://www.thehindu.com/news/cities/kolkata/CPI-Maoist-spokesperson-acquitted/article14499196.ece|title=CPI (Maoist) spokesperson acquitted|date=20 July 2016|newspaper=The Hindu|access-date=22 November 2022}}</ref>
In 2020, [[United Nations special rapporteur]]s stated that the provisions of the UAPA 2019, contravenes several articles of the [[Universal Declaration of Human Rights]] and the [[International Covenant on Civil and Political Rights]].<ref name="UN concern">{{cite news |title=UN Special Rapporteurs express concerns over UAPA |url=https://www.theleaflet.in/un-special-rapporteurs-express-concerns-over-uapa/ |access-date=1 March 2022 |work=TheLeaflet |date=18 May 2022}}</ref>
Lawyer Rongeet Poddar wrote in the [[Oxford Human Rights Hub]], that UAPA 2019 has made it possible for the Union Government to designate individuals as terrorists without a due process of law. He wrote, "Neither the Amendment Bill nor the parent statute provides a concrete definition of terrorism. This opens a Pandora's box. Categorization as a 'terrorist' by the executive bears serious consequences, such as social boycott or loss of employment." Such labeling by the executive could lead to mob lynching by the vigilante groups in India. Calling it a "colourable legislation which bears the potential for abuse by the executive", he noted that the constitutionality of the act should be contested. He wrote, the UAPA 2019 "echoes laws made under the colonial regime to crush the freedom movement in the garb of ensuring public order."<ref name="Poddar2019">{{cite news |last1=Poddar |first1=Rongeet |title=Constitutionality of India’s Unlawful Activities (Prevention) Amendment Bill, 2019: India’s McCarthyism Moment {{!}} OHRH |url=https://ohrh.law.ox.ac.uk/constitutionality-of-indias-unlawful-activities-prevention-amendment-bill-2019-indias-mccarthyism-moment/ |access-date=1 March 2022 |date=14 August 2022}}</ref>
As part of the [[K. G. Kannabiran]] Lectures on Law, Justice and Human Rights, Senior Advocate [[Mihir Desai]] in a lecture titled, "The Problem Of Preventive Detention in India", delivered on 23 November 2020, stated <blockquote>''"Preventive detention laws and special legislations like UAPA -- anti-terror laws as they are called -- allow the state to carve out exception for its own lawlessness. These are the laws which permit the state to claim that we are governed by the rule of law and on the other hand pass such legislations which violate the rule of law altogether. These are the laws which go against the basic tenets of the constitution, such as freedom, equality, right to life, liberty etc. It therefore becomes important to look at these laws which gives an exceptional power to the state over citizens -- to arrest them, to detain them, to charge them with offences which otherwise they may not be able to charge them with, keep them behind bars for years together, and also for ensuring that dissent in all forms is crushed."''<ref name="ll29112020">{{Cite web|author=Mihir Desai|date=29 November 2020|title=Preventive Detention Laws Allow State To Carve Out Exception For Its Lawlessness|url=https://livelaw.in/columns/preventive-detention-laws-allow-state-to-carve-out-exception-for-its-lawlessness-mihir-desai-senior-advocate-166547|url-access=subscription|url-status=live|access-date=29 November 2020|newspaper=LiveLaw}}</ref></blockquote>On 25 July 2021, Justice [[Aftab Alam (judge)|Aftab Alam]], former [[Supreme Court of India|Supreme Court]] judge spoke on a webinar titled "Discussion On Democracy, Dissent and Draconian Law – Should UAPA & Sedition Have A Place In Our Statute Books?". In the discussion, he called UAPA a "draconian law" and said that it was the UAPA that caused the death of Father [[Stan Swamy]] without a trial. Stan Swamy was an activist that was charged with UAPA for his alleged role in the [[2018 Bhima Koregaon violence]] and links to the [[Communist Party of India (Maoist)]] and later died in prison due to [[COVID-19]].<ref>{{Cite web|last=Sandhu|first=Kamaljit Kaur|date=October 13, 2020|title=This is what NIA’s Bhima Koregaon chargesheet says about Stan Swamy|url=https://www.indiatoday.in/india/story/this-is-what-nia-s-bhima-koregaon-chargesheet-says-about-stan-swamy-1731272-2020-10-13|access-date=2021-07-28|website=India Today|language=en}}</ref> Alam further stated that UAPA has a realistic conviction rate of 2%. He further stated that this law can lead to situations where case may fail but the accused would have been incarcerated for 8 to 12 years. He said in such cases, the case may have no legs to stand on but the accused has suffered and he concluded that in such cases the process becomes the punishment.<ref>{{Cite web|last=Jain|first=Mehal|date=2021-07-25|title=In UAPA Cases The Process Itself The Punishment, It Stares Us In The Face In The Death Of Father Stan Swamy Without Trial: Justice Aftab Alam|url=https://www.livelaw.in/top-stories/uapa-cases-the-process-itself-the-punishment-stares--death-of-father-stan-swamy-justice-aftab-alam-178112|access-date=2021-07-28|website=www.livelaw.in|language=en}}</ref>
While the misuse of the law has been constantly debated, Police was also criticized for not invoking UAPA in some cases like the [[Haridwar hate speeches|Haridwar hate speech case]].<ref>{{Cite news|url=https://www.thequint.com/news/india/haridwar-hate-speeches-call-for-uapa-sedition-charges-advocate-dushyant-dave#read-more|title=Haridwar hate speeches call for UAPA, sedition charges: Advocate Dushyant Dave|website=The Quint}}</ref><ref>{{Cite news|url=https://www.freepressjournal.in/india/haridwar-hate-speech-offenders-should-be-booked-under-uapa-says-congress-leader-kapil-sibal|title=Haridwar hate speech offenders should be booked under UAPA, says Congress leader Kapil Sibal|website=Free Press Journal}}</ref>
On 20 January 2022, ''[[BBC]]'' called the UAPA a draconian anti-terror law and reported that many protestors and journalists were arrested detained or charged with UAPA. UAPA had made it harder for the accused to get bail. PM [[Narendra Modi]] led BJP Union Government has been accused of misusing UAPA to stifle dissent and target minorities in India.<ref name="Narsinghanand BBC">{{cite news |title=Yati Narsinghanand Saraswati: Who is the arrested Hindu priest? |url=https://www.bbc.com/news/world-asia-india-59952851 |access-date=1 March 2022 |work=BBC News |date=20 January 2022}}</ref><ref name="terrorism law used to silence critics">{{cite news |last1=Ellis-Petersen |first1=Hannah |last2=Hassan |first2=Aakash |title=How a terrorism law in India is being used to silence Modi’s critics |url=https://www.theguardian.com/world/2021/dec/10/how-terrorism-law-india-used-to-silence-modis-critics |access-date=2022-08-21 |work=The Guardian |date=2021-12-10}}</ref>
==Notable arrests made under the Act ==
Between  2014 and 2020, 10,552 people were arrested under UAPA.<ref name="terrorism law used to silence critics" />
{| class="wikitable"
|+Notable arrests made under the act and their current status
!Name
!Notes
!Charge
!Year
!Current Status
|-
|[[Kobad Ghandy]] 
|
|Sedition, UAPA <ref>{{cite news |last1=Jha |first1=Satish |title=73 yr old Maoist ideologue Kobad Ghandy gets bail |url=https://www.deccanherald.com/national/west/73-yr-old-maoist-ideologue-kobad-ghandy-gets-bail-768352.html|access-date=24 November 2020 |date=15 October 2022}}</ref>
|2009
|Acquitted in 2016<ref>{{Cite news|last=Kumar|first=Nirnimesh|date=2016-06-11|title=Kobad Ghandy cleared of terror charges|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/Kobad-Ghandy-cleared-of-terror-charges/article14414779.ece|access-date=2021-07-06|archive-url=|archive-date=|issn=0971-751X}}</ref>
|-
|[[Arun Ferreira]]
|Human Rights Activist
|
|2007; Rearrested 2018
|Acquitted in 2012<ref>{{cite news |last1=Karlikar |first1=Nishikant |last2=Ali |first2=S. Ahmed |title=Knock on Ferreira's door came at 6am, arrest 9 hours later |url=https://timesofindia.indiatimes.com/city/thane/knock-on-ferreiras-door-came-at-6am-arrest-9-hours-later/articleshow/65585938.cms |access-date=20 November 2020 |date=29 August 2022}}</ref><br>Since August 2018, lodged in Taloja prison<ref name="Swamy letter">{{cite news |author=Scroll Staff |title=‘Humanity is bubbling in Taloja prison,’ Stan Swamy says in letter to friends |url=https://scroll.in/latest/978518/humanity-is-bubbling-in-taloja-prison-stan-swamy-says-in-letter-to-friends |access-date=1 March 2022 |work=Scroll.in |date=14 November 2022}}</ref>
|-
|[[Binayak Sen]]
|Doctor and Human rights activist
|<ref>{{Cite news|last=Aman Sethi|date=24 December 2010|title=Life term for Binayak Sen|newspaper=The Hindu|url=http://www.thehindu.com/news/national/Life-term-for-Binayak-Sen/article15607002.ece|access-date=September 14, 2022}}</ref>
|
|
|-
|[[Gaur Chakraborty]]<ref>{{Cite web|date=July 19, 2016|title=City court acquits man held under UAPA after 7 years|url=http://timesofindia.indiatimes.com/city/kolkata/City-court-acquits-man-held-under-UAPA-after-7-years/articleshow/53286367.cms|access-date=September 14, 2017|website=timesofindia.indiatimes.com}}</ref>
|Incarcerated for 7 years
|Accused of involvement in terrorist activity and member of banned organisation
|2009
|Acquitted of charges in 2016
|-
|[[G.N. Saibaba]]
| Scholar, writer, human rights activist and professor
|Sentence to life for having Maoist link.<ref>{{Cite web|last=Sebastian|first=Manu|date=2019-03-26|title=No Release For Professor G N Saibaba As Bombay HC Refuses To Suspend Sentence [Read Order]|url=https://www.livelaw.in/news-updates/prof-gn-sai-baba-bail-rejected-bombay-hc-143836|access-date=2021-03-12|website=www.livelaw.in|language=en}}</ref>
|
| 2017
|
|-
|[[Arrest of Kamran Yusuf|Kamran Yousuf]]
|Photojournalist
|Arrested in alleged terror funding case
|2017
|Acquitted from all charges in March 2022.
|-
|[[Thirumurugan Gandhi]]
| Human Rights Activist, founder - [[May 17 Movement]]
|<ref>{{Cite news|first=R.|last=Sivaraman|date=2018-08-09|title=May 17 Movement leader Thirumurugan Gandhi held in Bengaluru on charges of sedition|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/cities/bangalore/human-rights-activist-thirumurugan-gandhi-arrested/article24639529.ece|access-date=2019-07-23|issn=0971-751X}}</ref>
|2018
|
|-
|[[Sudhir Dhawale]],
|Dalit Rights Activist
|Accused in [[2018 Bhima Koregaon violence]].<ref name="Bhima">{{cite web |title=The People's Fighters: Meet the Five Arrested in the Bhima Koregaon Case |url=https://thewire.in/caste/meet-the-five-arrested-in-the-bhima-koregaon-case |website=The Wire |publisher=The Wire |access-date=10 October 2022}}</ref>
|2018
|
|-
|[[Mahesh Raut]]
|Tribal Rights Activist
|Accused in [[2018 Bhima Koregaon violence]].<ref name="Bhima" />
|2018
|
|-
|[[Shoma Sen]]
|Rights Activist/ Professor
|Accused in [[2018 Bhima Koregaon violence]].<ref name="Bhima" />
|2018
|
|-
|[[Surendra Gadling]]
|Dalit and tribal rights lawyer
|Accused in [[2018 Bhima Koregaon violence]].<ref name="Bhima" />
|2018
|
|-
|[[Rona Wilson]]
|Secretary - Committee for Release of Political Prisoners
|Accused in [[2018 Bhima Koregaon violence]].<ref name="Bhima" />
|2018
|
|-
|[[Sudha Bharadwaj]]
|Trade Unionist/Civil Rights Activist
|Accused in [[2018 Bhima Koregaon violence]].<ref name="Bhima"/>
|2018
|Granted bail on 9 December 2021<ref>{{Cite web|date=2021-12-09|title=Sudha Bhardwaj walks out of Byculla jail. Here are the bail conditions set by NIA court|url=https://indianexpress.com/article/cities/mumbai/sudha-bhardwaj-mumbai-byculla-jail-bail-conditions-7663810/|access-date=2021-12-09|website=The Indian Express|language=en}}</ref>
|-
|[[Varavara Rao]]
|Activist/Poet
|Accused in [[2018 Bhima Koregaon violence]].<ref>{{Cite web|title="Free At Last": Poet Varavara Rao, 81, Released After Last Month's Bail|url=https://www.ndtv.com/india-news/free-at-last-poet-varavara-rao-81-released-after-last-months-bail-2385277|access-date=2021-07-06|website=NDTV.com}}</ref>
|2018
|Granted bail on medical grounds
|-
|[[Vernon Gonsalves]]
|trade unionist, activist and academician
|Accused in 2007 for Naxalite links and in [[2018 Bhima Koregaon violence]]<ref>{{Cite web|last=Ramesh|first=Mythreyee|date=2018-08-29|title=Who Is Vernon Gonsalves, the Activist Held for ‘Naxalite’ Links|url=https://www.thequint.com/news/india/who-is-vernon-gonsalves-bhima-koregaon-activist-arrest|url-status=live|archive-url=https://web.archive.org/web/20210419055243/https://www.thequint.com/news/india/who-is-vernon-gonsalves-bhima-koregaon-activist-arrest|archive-date=2021-04-19|access-date=2021-07-06|website=[[The Quint]]|language=en}}</ref>
|2007 & 2018
| Since August 2018, lodged in Taloja prison<ref name="Swamy letter" />
|-
|[[Gautam Navlakha]]
|Human Rights Activist/Journalist
|Accused in [[2018 Bhima Koregaon violence]].<ref>{{Cite web|date=2020-04-14|title=Activist Gautam Navlakha before surrender: Accused guilty unless proven innocent is new norm|url=https://indianexpress.com/article/india/activist-gautam-navlakha-criticises-uapa-in-open-letter-before-surrender-6362016/|access-date=2021-07-06|website=The Indian Express|language=en}}</ref>
|2018
|
|-
|[[Asif Sultan]]
|Journalist
|<ref>{{Cite web|last=Kuchay|first=Bilal|date=2021-05-31|title=Kashmiri journalist Aasif Sultan kept in jail for more than 1,000 days|url=https://www.aljazeera.com/news/2021/5/31/kashmiri-journalist-aasif-sultan-kept-in-jail-for-over-1000-days|url-status=live|archive-url=https://web.archive.org/web/20210702153612/https://www.aljazeera.com/news/2021/5/31/kashmiri-journalist-aasif-sultan-kept-in-jail-for-over-1000-days|archive-date=2021-07-02|access-date=2021-07-06|website=[[Al Jazeera]]|language=en}}</ref>
|2018
|
|-
|[[Akhil Gogoi]]
|Peasant leader/ RTI Activist
|For [[Citizenship Amendment Act protests|CAA-NRC Protests]]<ref>{{cite web |title=Citizenship Act: Akhil Gogoi charged with criminal conspiracy, unlawful association under UAPA |url=https://scroll.in/latest/947078/citizenship-act-akhil-gogoi-charged-with-criminal-conspiracy-unlawful-association-under-uapa |website=Scroll India |publisher=Scroll India |access-date=10 October 2022}}</ref>
|2019
|Acquitted in 2021<ref>{{Cite web|date=2021-07-02|title=CAA protest case: NIA court clears Akhil Gogoi of all charges|url=https://www.telegraphindia.com/north-east/caa-protest-case-akhil-gogoi-cleared-of-all-charges-by-nia-court/cid/1820887|url-status=live|archive-url=https://web.archive.org/web/20210702005523/https://www.telegraphindia.com/north-east/caa-protest-case-akhil-gogoi-cleared-of-all-charges-by-nia-court/cid/1820887|archive-date=2021-07-02|access-date=2021-07-06|website=Telegraph India}}</ref>
|-
|[[Masrat Zahra]]
|Journalist
|<ref>{{cite web|title=Crackdown amid corona: Kashmir police book photojournalist Masrat Zahra under UAPA to send a message|url=https://caravanmagazine.in/media/kashmir-fir-photojournalist-masrat-zahra-crackdown-coronavirus|access-date=24 April 2020|website=Caravan}}</ref>
|2020
|
|-
|[[Anand Teltumbde]]
|Civil Rights Activist/Scholar
|
|2020
|
|-
|[[Meeran Haider]]
|Student Activists
|<ref name=":0">{{cite web|title=Delhi violence: UAPA against students 'grave abuse of state power', says civil society group|url=https://scroll.in/latest/960062/delhi-violence-uapa-against-students-grave-abuse-of-state-power-says-civil-society-group|access-date=24 April 2020|website=Scroll}}</ref>
|2020
|
|-
|[[Safoora Zargar]]
|Student Activists
|<ref name=":0" />
|2020
|
|-
|[[Sharjeel Imam]]
|Activist
|Seditious speech during anti CAA protests in Delhi<ref>{{Cite news|date=26 May 2020|title=No immediate Supreme Court relief for anti-CAA activist Sharjeel Imam|work=[[The Hindu]]|url=https://www.thehindu.com/news/national/no-immediate-supreme-court-relief-for-anti-caa-activist-sharjeel-imam/article31677474.ece|access-date=22 July 2022}}</ref>
|2020
|
|-
|[[Umar Khalid]]
|Human Rights Activist
|Accused in Delhi Riots<ref>{{Cite news|date=2020-09-14|title=Umar Khalid: India student leader arrested over Delhi riots|language=en-GB|work=BBC News|url=https://www.bbc.com/news/world-asia-india-54143619|access-date=2020-09-14}}</ref>
|2020
|
|-
|[[Stan Swamy]]
|Jesuit priest, tribals rights activist
|Accused in [[2018 Bhima Koregaon violence]]
|October 2020
|Died during incarceration - 2021
|-
|[[Ishrat Jahan]]
|Congress Councillor, Delhi
|Anti-CAA protests
|February 2020
|Granted bail on 14 March 2022<ref>{{Cite web |last= |first= |date=2022-03-14 |title=Delhi pogrom UAPA case: Ishrat Jahan gets bail |url=https://maktoobmedia.com/2022/03/14/delhi-pogrom-uapa-case-ishrat-jahan-gets-bail/ |archive-url=https://web.archive.org/web/20220314210754/https://maktoobmedia.com/2022/03/14/delhi-pogrom-uapa-case-ishrat-jahan-gets-bail/ |archive-date=2022-03-14 |access-date=2022-03-14 |website=Maktoob media |language=en-US}}</ref>
|-
|[[Siddique Kappan]]
|Journalist
|Accused for having alleged links with banned terrorist organization [[Popular Front of India|PFI]]<ref>{{Cite web|last=Ameen|first=Furquan|title=Why a Muslim reporter in India has spent nearly 150 days in jail|url=https://www.aljazeera.com/news/2021/3/2/why-muslim-reporter-india-has-spent-nearly-150-days-jail|access-date=2021-06-03|website=www.aljazeera.com|language=en}}</ref>
|October 2020
|Granted bail on 9th September 2022<ref>{{Cite web |date=2022-09-09 |title=Nearly two years in jail, journalist Siddique Kappan gets bail from SC |url=https://indianexpress.com/article/india/siddique-kappan-uapa-supreme-court-bail-plea-8140252/ |access-date=2022-09-09 |website=[[The Indian Express]] |language=en}}</ref>
|-
|Ahmad Murtaza Abbasi
|Radical Islamist
|Arrested for trying to enter the [[Gorakhnath Math]] forcibly and attacking Security Personnel.<ref>{{Cite web |last=Chakraborty |first=Pathikrit |last2=Arjum |last3=Apr 17 |first3=Bano / TNN / Updated |last4=2022  |title=gorakhnath: Uttar Pradesh: Gorakhnath temple attacker had IS links, charged under UAPA {{!}} Lucknow News - Times of India |url=https://timesofindia.indiatimes.com/city/lucknow/uttar-pradesh-gorakhnath-temple-attacker-had-is-links-charged-under-uapa/articleshow/90887526.cms |access-date=2022-04-18 |website=The Times of India |language=en}}</ref>
|April 2022
|
|-
|[[Yasin Malik]]
|Islamic Terrorist
|Chief of banned JKLF. Involvement in killing of four unarmed Indian Air Force (IAF) officials in 1990 in Srinagar. Funding Islamic Terrorism(Jihad) in Kashmir valley.
|May 2022
|Life imprisonment
|}
== See also ==
* [[List of organisations banned by the Government of India]]
*[[Prevention of Terrorism Act, 2002]]
==References==
<references />
==Bibliography==
*[https://www.indiacode.nic.in/handle/123456789/1470?sam_handle=123456789/1362 The Unlawful Activities (Prevention) Act, 1967]— Updated text of the Act at [http://indiacode.nic.in/ India Code]
* {{cite web |title=The Unlawful Activities (Prevention) Amendment Bill, 2019 |url=https://prsindia.org/billtrack/the-unlawful-activities-prevention-amendment-bill-2019 |website=PRS Legislative Research |access-date=1 March 2022}}
* {{cite web |title=The Unlawful Activities (Prevention) Amendment Act, 2019 |url=https://egazette.nic.in/WriteReadData/2019/210355.pdf |website=egazette.nic.in |publisher=egazette |access-date=1 March 2022}}
==Further reading==
* {{cite web |title=Constitutionality of India’s Unlawful Activities (Prevention) Amendment Bill, 2019: India’s McCarthyism Moment |url=https://ohrh.law.ox.ac.uk/constitutionality-of-indias-unlawful-activities-prevention-amendment-bill-2019-indias-mccarthyism-moment/ |website=Oxford Human Rights Hub, The Faculty of Law |publisher=University of Oxford |access-date=1 March 2022}}
* [https://m.youtube.com/watch?feature=emb_title&v=30wFBnZWEQY Sr Adv Mihir Desai: The Problem of Preventive Detention in India]
[[Category:Acts of the Parliament of India 1967]]
[[Category:Crime in India]]
[[Category:Separatism in India]]
[[Category:Terrorism laws in India]]

Latest revision as of 05:03, 26 March 2026

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