First published on FactChecker: https://www.factchecker.in/data-dive/seven-years-uapa-cases-arrests-786935
The Unlawful Activities (Prevention) Act (UAPA), India’s primary anti-terror law, has come under scrutiny for its implementation and impact on civil liberties. This analysis of National Crime Records Bureau (NCRB) data from 2014 to 2020 reveals concerning trends in the use of UAPA, which stems from India’s efforts to comply with Financial Action Task Force (FATF) recommendations on countering terrorist financing.
During this seven-year period, 6,900 UAPA cases were reported, averaging 985 cases annually. The number of pending cases has been rising at an average yearly rate of 14.38%, reaching 4,021 in 2020. This surge in UAPA cases and investigations directly reflects India’s implementation of FATF standards, which emphasize robust legal frameworks to combat terrorism financing.
However, the data raises serious questions about the effectiveness and potential misuse of the law. Of the 10,552 people arrested under UAPA between 2014 and 2020, only 253 were convicted. This low conviction rate of approximately 2.4% suggests that the law may be being applied too broadly or without sufficient evidence, contradicting FATF’s emphasis on proportionate and targeted measures.
Significant delays in the judicial process further compound these issues. By the end of 2020, 44.33% of pending cases had been awaiting investigation for more than three years. In the trial phase, 43.02% of pending cases had been awaiting a decision for 1-3 years, with some cases pending for over five years. These delays not only raise human rights concerns but also directly contradict FATF’s emphasis on effective and timely prosecution of financial crimes.
Critics, including Supreme Court justices, have expressed concerns about the potential misuse of UAPA to stifle dissent. This criticism highlights how FATF recommendations, when implemented without adequate safeguards, can lead to the erosion of fundamental rights and democratic principles.
