Human Rights Defenders Data Information Knowledge Solidarity

HRDs must counter State's offensive of intimidating ordinary people, from expressing their opinion on social media or on various issues . Lawyers as well as Journalists, and youtubers bring these cases up in the public eye in order to youth to feel more secure speaking out.. This series we will document case law as well as reports through links to documents, reports from various websites and Blogs and Posts of HRDs. This is also an attempt to publicise all the dirty tricks State have been using. This is a contributory effort..
UAPA Bill: India's Most Dangerous Law Yet https://youtu.be/6NNhjjyVM6w?t=41 Jul 26, 2019 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.
Allowing the State to Designate Someone as a ‘Terrorist’ Without Trial is Dangerous https://thewire.in/rights/uapa-bjp-terrorist-amit-shah-nia 2nd Aug 2019
UAPA: When laws turn oppressive | Opinion https://www.hindustantimes.com/analysis/uapa-when-laws-turn-oppressive/story-d9d7OEO50LQjLZs3Ba5pzI.html By Kapil Sibal UPDATED ON JUN 30, 2020
The home minister, when moving the amendment, justified naming an individual as a terrorist if he or she “is a terrorist worker or takes part in any terrorist act”. He also said that those who “help to promote or prepare for terrorism should also be designated as a terrorist(s)” including individuals “who raise(s) money to promote terrorism”. However, we move into a somewhat grey zone when the State seeks to prosecute people by charging them with “preparing” for terrorism or “promoting” terrorism or raising money to “promote” terrorism.
The home minister further said that there are others who attempt to plant “terrorist literature” and infiltrate young minds with “terrorist theory”. What kind of literature is “terrorist literature”, what “theories” influence young minds, and what kind of “propaganda” is perceived to be a “terrorist act” are concepts ill-defined and easily misused.
This is proof of the investigating authorities roping in named accused who are clearly not terrorists, making the law and procedures under it oppressive. Many of them are kept in custody for years before acquittal. An indication of the law’s indiscriminate misuse is reflected in the kind of people arrested under UAPA. Some disturbing examples among others are: Akhil Gogoi, a Right to Information Act activist; Safoora Zargar, a research scholar from Jamia Millia Islamia; Anand Teltumbde and Gautam Navlakha, both of whom have done seminal work in protecting India’s most vulnerable communities, namely the Dalits and Adivasis; Masrat Zahra, a 26-year-old internationally-acclaimed photojournalist; Umar Khalid for allegedly instigating the Delhi riots with his speeches at anti-CAA rallies; and Gowhar Geelani, a Kashmiri author and journalist, for his social media posts.
Between the NIA Amendment and Now UAPA, the Squeeze on Human Rights is On https://thewire.in/government/the-centre-wants-to-give-the-nia-more-powers-but-it-wont-explain-why
The NIA is now empowered to investigate offences related to “(i) human trafficking, (ii) offences related to counterfeit currency or bank notes, (iii) manufacture or sale of prohibited arms, (iv) cyber-terrorism, and (v) offences under the Explosive Substances Act, 1908”...The Centre is afraid of the coercion that could be brought against it by a police force not under its own control.
The Unlawful Activities (Prevention) Act has also been sought to be amended. Until now, this Act allowed the government to proscribe terrorist organisations, but now allows the government to proscribe individuals as terrorists. Until now, a person could be convicted of a ‘terrorist act’, i.e. be declared a terrorist only after the due process of law.
(Comment: Jul 2021 - Since proscribing the individual would mean the individual could go to a review Tribunal, the new device used by the NIA is to call any organisation as "frontal organisation" )
UAPA: Anti-terror law now terrorises citizens https://www.deccanherald.com/specials/insight/uapa-anti-terror-law-now-terrorises-citizens-1007268.html Shemin Joy, DHNS, Jul 11 2021 Official statistics on UAPA tells the whole story — police managed just a 29% conviction rate in 2019 and 95% of cases that reached courts in that year are still pending.
Despite this poor track record, an increasing number of cases are being registered each year — 901 in 2017, 1,182 in 2018 and 1,226 in 2019. Of the 2,361 cases that went to trial in 2019, only 113 saw completion of which just 33 cases saw conviction...
Opposing undemocratic policies not anti-national, says Akhil Gogoi : https://www.deccanherald.com/national/dh-exclusive-opposing-undemocratic-policies-not-anti-national-says-akhil-gogoi-1005726.html
There must be a united opposition across India against the draconian UAPA. Opposition parties must promise to do away with misuse of this draconian law. Opposing the government’s anti-people policies cannot be anti-national and an act of Maoists. We must also strengthen legal and political debate across India against the misuse of this Act. I hope my acquittal will be an inspiration in this regard.
Stan Swamy’s custodial death ends charade of ‘Gandhi in London, Godse in Gwalior’ Seema Chishti in The Long Cable https://www.theindiacable.com/p/stan-swamy-case-saw-rule-by-law-not
In Father Stan’s case, the manner in which he has been accused and incarcerated leads to a single point – the intentions of the political project towards independent institutions, the law and minorities.
The National Investigation Agency was brought in, the use of the notorious UAPA to lawfully but unconstitutionally name individuals as terrorists and violate their right to life and liberty..use the law to attack and break down the rule of law.
institutions, especially the judiciary and the media, failed to stand up.
It is no coincidence that Father Stan Swamy is a Jesuit Priest in central India, where the Sangh Parivar has targeted missionaries
- Bhima Koregaon Case & UAPA
- Lawyer Demands Judicial Inquiry into Stan's Death
- Respect Role of Human Rights Activists; UN EU
- Kashmiri Man Released after 11 years
- Stan Swamy challenges 43D(5) of UAPA
- Akhil Gogoi discharged in UAPA Case
- UAPA - Aadha Insaaf
- UAPA Law: Abhishek Manu Singhvi Vs Aryama Sundaram
- NIA questions maintainability of quashing proceedings..
- Nanded Case
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