UAPA'S GRIP ON KASHMIR: SILENCING JOURNALISTS & ACTIVISTS

UAPA'S GRIP ON KASHMIR: SILENCING JOURNALISTS & ACTIVISTS

Jammu and Kashmir has witnessed a disturbing trend where the government employs counterterrorism laws to stifle dissent and silence critics, with the Unlawful Activities Prevention Act (UAPA) at the forefront of this crackdown. The legislation has become a weapon against journalists, human rights defenders, and activists. One prominent case illustrating the misuse of UAPA is that of Khurram Parvez, a Kashmiri human rights activist arrested under the act in November 2021. The authorities escalated their efforts against Parvez on March 22, 2023, adding another case of financing terrorism under UAPA. Simultaneously, journalist Irfan Mehraj, formerly associated with Parvez's human rights organization, faced arrest in the same case, exemplifying the broad and vague definitions of terrorism under UAPA.

By: Mehr un Nisa

The ordeal extends to the journalistic community, with Fahad Shah, editor of The Kashmir Walla, and reporter Sajad Gul being detained since early 2022. Despite being granted bail in separate cases, both journalists were rearrested under the draconian Jammu and Kashmir Public Safety Act (PSA), allowing up to two years in custody without trial. Shah, released on November 23, faces trial in a UAPA case related to a 2011 article on his website, highlighting how legal tools are manipulated to persecute individuals over the years. Between 2014 and 2020, Jammu & Kashmir, Manipur, and Assam, these three states contributed to 71% of the total UAPA cases in the country. Notably, Jammu & Kashmir witnessed an eight-fold increase, rising from 45 cases in 2014 to 289 in 2021 to 371 cases in 2022. This data highlights concentrated UAPA activity in specific regions, warranting a closer examination of its impact. Amnesty International's analysis of crime data reveals a troubling reality: despite the rampant use of UAPA, only 2.2 percent of cases registered from 2016 to 2019 resulted in court convictions. Nearly 11 percent were closed for lack of evidence, while the rest lingered in a state of pending uncertainty.


This data emphasizes that the counterterrorism law is being exploited to keep critics incarcerated, turning the judicial process itself into a tool for persecution and punishment. Notably, United Nations human rights experts have repeatedly condemned the use of UAPA to target journalists, human rights defenders, and other critics. The global community has expressed concern over the erosion of democratic values and the stifling of free expression in the world's largest democracy. The alarming statistics and specific cases underscore the urgency for the Indian government to review its approach. To restore faith in democratic principles, the authorities must release all journalists, human rights defenders, activists, and critics arrested under politically motivated cases.


Dropping all charges against them is a crucial step towards ensuring justice and upholding the principles of a fair and unbiased legal system. Furthermore, there is a pressing need for legislative reform. The Unlawful Activities Prevention Act should be amended to align with international human rights standards, ensuring that it is not wielded as a tool for suppressing dissent. Until such amendments are enacted, it is incumbent upon the government to cease the misuse of UAPA against critics, respecting the fundamental principles that underpin a democratic society.

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