UAPA

Why is UAPA a draconian law? https://www.youtube.com/watch?v=o7oAsmtgXxw The UAPA is an anti-terrorism law which has been used against activists associated with the Bhima-Koregaon movement, the citizenship law protesters, and even a journalist on his way to cover the Hathras r

ape and murder. the history of the UAPA, its evolution from an anti-secession legislation to being an anti-terrorism law, and how it has been misused by successive governments. 

Legal Mechanism of Crushing Dissent - Rebecca John - UAPA  https://www.youtube.com/watch?v=1jS1IFpKhbU (opia films) Unde

r 43 D (2), investigating agencies routinely move applications to extend remand from 90 days to 180 days. What agencies are doing is that they are arresting more people even as some people might be at the end of their remand period. If someone else is arrested in the middle of someone’s remand period, a whole 180 days more is added. The trial cannot start as arrests are continuously happening, and the investigating agency is still investigating. Thus, the trial keeps getting derailed. 

 The Problem of Preventive Detention in India Adv Mihir Desai  These are the laws which go against the basic tenets of the constitution, such as freedom, equality, right to life, liberty etc. 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 https://youtu.be/30wFBnZWEQY?t=547

UAPA Bill: India's Most Dangerous Law Yet The Wire : The new bill will allow the National Investigation Agency to wreak havoc with India’s federal system but what's most dangerous is the amendment that will allow the government to declare individuals as terrorists and not just organisations. 

Over 72% rise in number of UAPA cases registered in 2019 As many as 1948 persons were arrested in 1226 cases registered across the country that year https://www.thehindu.com/news/national/parliament-proceedings-over-72-rise-in-number-of-uapa-cases-registered-in-2019/article34029252.ece 

Finology Legal: What is UAPA Act | Unlawful Activities Prevention Act |  https://youtube.com/embed/1fPMyvpbvbA?start=91&end=196 ;  2019 Amendment Act  https://youtube.com/embed/1fPMyvpbvbA?start=306&end=541

Laws to Deal with Dissent? | Explaining UAPA, NSA, & Sedition | The DeshBhakt with Akash Banerjee https://www.youtube.com/watch?v=saqFlCfy_ko Introduced by successive Governments - from the British to the Congress to the BJP - and amended for greater impact. Today any citizen can be charged with UAPA, NSA, Sedition - that have little or no immediate legal recourse.

NewsLaundry: Explained: Why is UAPA a draconian law? https://thewire.in/rights/the-indomitable-spirit-of-father-stan-swamy

https://youtu.be/o7oAsmtgXxw How is this law draconian and why do people arrested under it often find themselves without legal recourse after ending up in jail? Meghnad S takes you through the history of the UAPA, its evolution from an anti-secession legislation to being an anti-terrorism law, and how it has been misused by successive governments.

Advocate Mihir Desai - The Problem of Preventive Detention in India
https://youtu.be/30wFBnZWEQY 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. While they are within the framework of the rule of law, are actually in violation of the rule of law. 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.

Legal Mechanism of Crushing Dissent - Rebecca John - UAPA
https://youtu.be/1jS1IFpKhbU Well-known criminal lawyer Rebecca John makes a succinct presentation on the central problems with the UAPA (Unlawful Activities Prevention Act) for a webinar organised by PUCL (Rajasthan) on the two years of the Bhima Koregaon case. Twelve persons, lawyers, academics, journalists and activists have been arrested under this draconian act and denied bail.

Adv Rebecca John addressed two underlying themes which were important questions on the punishing process under the UAPA.

1. Why is there such a delay in UAPA trials?

2. Why don't undertrials get bail under UAPA?

There are two provisions in the UAPA that are responsible for this situation.
Section 43 D
This section allows for a change from general law (under the Indian Penal Code).
In general law, if you are arrested, you will be produced in front of a magistrate in the next 24 hours.
This was extended to 15 days, then 60 days, then 90 days. The chargesheet must be filed in 90 days. If not filed, accused can apply for statutory bail. Even for murder suspects.
Under the UAPA, it's very interesting how this changed over a period of time. First, individual remands are supposed to be for 30 days.
In the 1973 amendment, it became 60 days and in the 1978 amendment, it got extended to 90 days.