SRINAGAR (Kashmir English): Official figures released by India’s Ministry of Home Affairs have revealed that Indian illegally occupied Jammu and Kashmir is the worst-hit region under the Unlawful Activities (Prevention) Act (UAPA), confirming that the draconian law is being abused as a tool of collective punishment rather than justice.
According to Kashmir Media Service, the official data, between 2019 and 2023, shows that a total of 3,662 people were arrested under UAPA in occupied Jammu and Kashmir, yet only 23—just 0.62 percent—were convicted.
In 2023 alone, 1,206 Kashmiris were arrested under the law, while only 10 convictions were recorded, reflecting a conviction rate of merely 0.8 percent.
Kashmir stripped of its special status
Since Jammu and Kashmir was stripped of its special status and downgraded to a Union Territory in August 2019, UAPA arrests have risen sharply—from 227 in 2019 to 346 in 2020, 645 in 2021, and 1,238 in 2022, before marginally declining to 1,206 in 2023.
Convictions, however, remained negligible, with zero convictions recorded in 2019 and 2021, two in 2020, 11 in 2022, and 10 in 2023. Legal observers say the actual number of detainees und the draconian law is far from the state one and this clearly demonstrates that arrest itself has become the punishment, with prolonged detention imposed without proof.
Analysts note that in occupied Jammu and Kashmir, UAPA is used alongside other black laws such as the Public Safety Act to silence political dissent. Since August 2019, thousands of Kashmiris—including All Parties Hurriyat Conference leadership, activists, journalists, and youth—have been detained, many released after years in jail without charges, while others continue to languish behind bars.
Rights defenders say the abysmally low conviction rates expose the collapse of rule of law and confirm that India’s agencies are prioritizing suppression of dissent, particularly in Kashmir, over any genuine pursuit of justice.
The situation across India under Modi regime is also not encouraging, the figures reveal a similar pattern of arbitrary arrests and collapsing prosecutions. A total of 5,690 people were arrested under UAPA in 28 states between 2019 and 2023, but only 288—about five percent—were convicted. In 2023, of the 1,686 persons arrested nationwide, convictions stood at just 84, or 4.98 percent.
Punjab presents another glaring example of misuse. Between 2019 and 2023, 259 people were arrested under UAPA in the state, yet not a single conviction has been recorded. In 2023, Punjab ranked fifth nationwide with 50 arrests but again registered zero convictions, highlighting arrests without credible evidence.
Uttar Pradesh topped the list in 2023 with 1,122 arrests, but secured only 75 convictions, a conviction rate of 6.68 percent. Assam, Manipur, and Meghalaya followed with 154, 130, and 71 arrests respectively, but except for one conviction in Assam, these states recorded no convictions under the law.
