"Won't you help to sing, these songs of freedom, ‘cause all I ever have redemption songs, redemption songs, these songs of freedom…". Gautam Navlakha wrote these Bob Marley lyrics as he awaited his arrest for being one of several dissenting voices sanctioned for speaking out in what is said to be ‘the world's largest democracy’.  

The Indian government continues to abuse Unlawful Activities (Prevention) Act (UAPA) 2019 - its draconian anti-terrorist legislation, to crackdown on journalists, activists, and government critics. Using the lockdown as an opportunity to target dissenters, the government is openly violating human rights law.

Despite this, Indian Prime Minister Narendra Modi currently enjoys the highest approval rating of all world leaders. As dissidents continue to be jailed, the international community must help fight for their freedom. 

UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA) 2019

The UAPA was passed by the Lok Sabha - the lower house of India's bicameral Parliament - on 24 July 2019. It amended the 1967 Unlawful Activities (Prevention) Act, which gave central government the power to designate groups as 'terrorist organisations' if they met certain criteria.

The 2019 Act extends this power, allowing the government to proscribe individuals as terrorists if they: 

(i) commit or participate in acts of terrorism 

(ii) prepare for terrorism 

(iii) promote terrorism; or

(iv) [are] otherwise involved in terrorism. 

However, the Act fails to define terrorism itself, giving authorities sweeping powers, which have been used to disproportionately target dissenters from minority groups. 

 Sections 35 and 36 of the UAPA are inconsistent with both international human rights law and parts of India's own constitution. In a plea to declare those sections unconstitutional, a local NGO, Association for Protection of Civil Rights, pointed out that the UAPA violates “article 14 (Right to Equality), 19 (Right to Free Speech and Expression) and 21 (Right to Life)” of the Indian constitution.

These rights are also enshrined in international conventions - many of which India is a signatory to - such as the Universal Declaration of Human Rights (UDHR): Article 3 (Right to Life), 7 (Right to Equality) and 19 (Right to Freedom of Expression). This is a non-exhaustive list and the potential violations are innumerable. Certain absolute rights, such as the right to life, can only be restricted in limited circumstances, where it may be 'necessary and proportionate.' However, most of the arrests made under the UAPA appear to be politically motivated. 

INDIA'S HEROES JAILED 

Charged under the UAPA, scholar Anand Teltumbde and journalist Gautam Navlakha have been accused of: allegedly inciting caste-based violence in the 2018 Bhima Koregaon riots; having links with the banned Communist party of India (Maoist); and conspiring to assassinate Prime Minister Modi.

Activists and legal experts claim that these charges are fabricated in an attempt to silence dissenters. A petition by Amnesty International, titled ‘India's Heroes Jailed. Free The Bhima Koregaon 11 Now’ also includes the names of nine other activists who have been arrested in relation to the Bhima Koregaon riots.

 The insidiousness of UAPA is that it essentially reverses the burden of proof. In his open letter, Gautam Navlakha wrote: “No longer is it the axiom that 'a person is innocent unless proven guilty’. In fact, under such Acts, 'an accused is guilty unless proven innocent’.”

He also noted that with the UAPA, "jail becomes the norm, and bail an exception." Under the UAPA, a person can be jailed up to seven years. Navlakha and Teltumbde were arrested on April 14 2020, and the Supreme Court later rejected the activists' plea that going to prison during the coronavirus pandemic was "virtually a death sentence." 

STUDENT PROTESTERS TARGTED

 On 21 April 2020, Meeran Haider and Safoora Zargar - two students of the Delhi university, Jamia Millia Islamia - were charged under the UAPA in relation to their involvement protesting against the controversial Citizenship Amendment Act (CAA). Arrested for allegedly hatching a conspiracy to incite communal riots, these charges have also been denounced as "bogus" by activists and students.

The Jamia Coordination Committee stated that "the country is facing a massive health crisis. However, the state machinery is busy harassing and framing student activists in false cases to suppress voices of dissent.” Even more recently, former JNU student Sharjeel Imam was also charged under the UAPA, in relation to the anti-CAA protests near Jamia Militia Islamia. 

 KASHMIRI JOURNALISTS SILENCED

 On 19 April 2020, journalist Peerzada Ashiq was questioned by Jammu and Kashmir (J&K) police for allegedly spreading "fake news”. Having already explained his case to police in Srinagar, Ashiq was asked to travel 40 kilometres to appear before a police officer in Anantnag district. 

 Then on 20 April, Kashmiri photojournalist Masrat Zahra was charged under the UAPA for "uploading anti-national posts with criminal intentions to induce the youth." Zahra's publications have appeared in prominent outlets such as the Washington Post and Al Jazeera. In their press release, Indian police refer to her not as a journalist, but simply a 'Facebook user'. 

A timeline by Amnesty International showcases how several journalists in the J&K region have previously been targeted, harassed and even physically attacked for criticising the government. 

As the coronavirus lockdown persists, activists in India are strategically arrested and the number of dissenters being charged under the UAPA is growing at a shocking rate. A lockdown aimed at combating a global health crisis is not an excuse for a lockdown of democracy.

In the words of the late senator J William Fulbright, "in a democracy, dissent is an act of faith." The crackdown on journalists is a stain on India's democratic legitimacy. If ‘the world's largest democracy’ wants to live up to its title, it needs to start acting like one. 

Ayesha is a LLB student at the University of Leeds. As an aspiring barrister, she enjoys advocacy and has spoken at platforms including Tedx and GESF. She has a key interest in both Public and International law. She is also founder of a student-led initiative 'COSMOS' that organises projects to promote the UN Sustainable Development Goals.

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