Leading Indian American Civil Rights Organizations Call for Amendments to the Unlawful Activities (Prevention) Act (UAPA) to Align with International Standards and Protect Fundamental Rights in India

Hindus for Human Rights and Indian American Muslim Council, as two major Indian American civil rights organizations, are calling on Indian leaders to repeal, amend, or bring India’s anti-terror laws, namely the Unlawful Activities (Prevention) Act (UAPA) into line with international standards and respect Indians’ fundamental rights to express freely their beliefs and political ideas. 

The UAPA, which was created to combat terrorism in India, has been weaponized against those who criticize the Indian government. The UAPA is known as a “no-bail” law, which means that courts have discretion on whether to grant bail. The UAPA also gives judges up to seven years before they have to give arrestees a trial, meaning police have seven years to produce evidence. The conviction rate for the UAPA is less than 3%. In the most recent reforms to the UAPA, the Indian Supreme Court also made it legal to charge individuals with terrorism for being associated with “banned organizations” or organizations that are alleged to be connected with terrorist activity. After the Indian government rammed through an overhaul of India’s criminal and penal codes in December, the legal definition of terrorism now includes acts of speech and economic boycotts. 

While UAPA and other anti-terrorist laws have always been weaponized, this weaponization accelerated in the last decade, under Prime Minister Modi. From anti-caste human rights defenders in the Bhima Koregaon case to student protesters, like Umar Khalid, fighting against discriminatory citizenship laws and now to beloved writers, like Arundhati Roy, speaking out against injustice in India today, Indians are under attack for speaking their minds. Thousands of Indians, including activists and journalists, have been arrested under the UAPA.

We are therefore asking the Indian government to respect Indians’ fundamental rights, including their inherent freedom of expression and their rights to free, fair, and speedy trials. We urge the full repeal or reform of the UAPA and other anti-terror laws to respect Indians’ human rights and rise to the standards of international human rights law. 

We also call on the Indian government to reverse its expanded definition of terrorism, which we are concerned will be used to further criminalize civil society. Finally, if the UAPA is repealed, we do not want to see a new law that either replaces the UAPA or builds on its draconian legacy to expand the security state and violate Indians’ rights in the name of anti-terrorism. 

In a functioning democracy, expressing your opinion is not an act of terrorism. It is your right. Dissent is the backbone of democracy.

For Press inquiries ofr further information please contact: David Kalal, Communications Hindus for Humarn rights at david@hindusforhumanrights.org