'Misusing' NIA for anti-terror law, Modi govt undermines federal structure: PUCL report

By Rajiv Shah

A new report, seeking to study how the Indian state has allegedly weaponised the Unlawful Activities Prevention Act (UAPA) "against anyone who dares to challenge the Indian state and assert their fundamental rights to information, association, dissent and democracy", has said that the NDA government led by Prime Minister Narendra Modi is indiscriminately using the National Investigation Agency (NIA) as the "lead player in the abuse of UAPA."

Published by the People’s Union for Civil Liberties (PUCL) and authored by V Suresh, Madhura SB and Lekshmi Sujatha, the report, titled "UAPA: Criminalising Dissent and State Terror: Study of UAPA Abuse in India, 2009 - 2022", released as part of its #RepealUAPA Campaign says that out of a total of 357 UAPA cases handled by NIA between the period 2009-August 2022, about 20% were registered and investigated during the Manmohan Singh led regime, while 80% were registered and investigated during the Modi government.
The report says, a study of the NIA website data shows that of the 357 UAPA cases investigated by the NIA, 41 or 12% were registered suo motu, while a whopping 316 or 88% were transferred to NIA from state police.
Noting that NIA having suo motu powers to transfer investigations from state police is a "threat to federalism", the report says, the most contentious use of such wide powers was in the manner the Ministry of Home Affairs overnight decided to transfer the Bhima Koregaon case in early 2020 from the Maharashtra state police to NIA only because the Fadnavis-led BJP government fell and a new MVA government led by Uddhav Thackeray took charge.

According to the report, the validity of these transfers from the state police to the NIA is also suspect since a high number of these transferred cases were not even remotely connected to national security or threat to sovereignty or involved any violence.
It adds, an example is a case from Madurai involving a Facebook post on August 15, 2019 in which the accused person remarked as to whether India was truly independent. The case was abruptly transferred from the Tamil Nadu state police to NIA in 2021.
Referring to what it calls "abuse of the conspiracy provision", the report says, an analysis of use of Section 18 of UAPA titled Punishment for Conspiracy suggests, an alleged agreement to commit a terrorist crime is enough to prosecute; the “object” of the agreement need not have occurred. "The definition of conspiracy is so wide and elastic, that anyone can be roped in", it stresses.

An examination of the number of cases under Section 18 UAPA offences reveals that out of total UAPA cases investigated by NIA (357), the cases involving Section 18 charges were 238. Of these 238 cases, the cases where some incident of terrorism occurred were 86 cases (36%), while cases where no specific incident involving weapons or causing physical injury were 152 cases (64%).

In other words, the report says, in 64% of cases involving the Section 18 UAPA charge, the mere allegation of the police that a person is a member of a proscribed terrorist organisation or some recoveries were made from him of an alleged weapon or explosives or drugs or money is sufficient to arrest the person and be imprisoned for many years.

The report, which is based on an analysis of the National Crimes Records Bureau (NCRB) statistics -- calling it the only data source, albeit sketchy and available for the period 2015 till 2020 -- shedding light poor conviction rate vis-à-vis the impossibility of bail in UAPA cases, says, there were 5,924 UAPA cases registered throughout India in which 8,371 persons were arrested during 2015-2020.
Thus, according to the report, in the years 2018 and 2020, the percentage of people on bail was as low as 16.32% and 16.88%, and the figure for 2019 reflected a higher proportion of 32.08%. However, it underlines, a closer study reveals that in Tamil Nadu in 2019, all 308 persons shown as arrested under UAPA were released on bail, which is highly unusual for UAPA cases. If these cases are kept aside, the bail percentage is seen to be 16.27%.

As for the conviction rates, if based on the number of cases, they are 27.57%, but the conviction rates based on number of persons arrested is a mere 2.80%, the report says. It comments, the poor conviction rate of 2.8% based on number of persons arrested in UAPA cases is in line with the conviction rates when the previous anti-terror legislations TADA (P) Act and POTA were in vogue.
The report continues, if looked at in another way, out of 8,371 persons arrested during 2015-2020 under UAPA, close to 8,136 persons constituting 97.2% of persons arrested, got acquitted at the end of trials in UAPA courts but after spending many years in jail without bail. Such high acquittal rates, only highlights the fact that most of the prosecutions are devoid of merit and did not warrant initiation of prosecution in the first place, much less, under UAPA.
The report, seeking wider media to educate people about the dangers of such laws, demands repeal of UAPA and repeal of all other anti-people laws; repeal of the NIA Act and disbanding of NIA; immediate release of all political prisoners, on bail; action against all police officials who have wilfully launched false and fabricated cases against marginalised communities, journalists, academicians, students and others; and reparations for those wrongfully accused and released by courts.

Comments

From Kerala to Bangladesh: Lynching highlights deep social faultlines

By A Representative The recent incidents of mob lynching—one in Bangladesh involving a Hindu citizen and another in Kerala where a man was killed after being mistaken for a “Bangladeshi”—have sparked outrage and calls for accountability.

Gram sabha as reformer: Mandla’s quiet challenge to the liquor economy

By Raj Kumar Sinha* This year, the Union Ministry of Panchayati Raj is organising a two-day PESA Mahotsav in Visakhapatnam, Andhra Pradesh, on 23–24 December 2025. The event marks the passage of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), enacted by Parliament on 24 December 1996 to establish self-governance in Fifth Schedule areas. Scheduled Areas are those notified by the President of India under Article 244(1) read with the Fifth Schedule of the Constitution, which provides for a distinct framework of governance recognising the autonomy of tribal regions. At present, Fifth Schedule areas exist in ten states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. The PESA Act, 1996 empowers Gram Sabhas—the village assemblies—as the foundation of self-rule in these areas. Among the many powers devolved to them is the authority to take decisions on local matters, including the regulation...

When a city rebuilt forgets its builders: Migrant workers’ struggle for sanitation in Bhuj

Khasra Ground site By Aseem Mishra* Access to safe drinking water and sanitation is not a privilege—it is a fundamental human right. This principle has been unequivocally recognised by the United Nations and repeatedly affirmed by the Supreme Court of India as intrinsic to the right to life and dignity under Article 21 of the Constitution. Yet, for thousands of migrant workers living in Bhuj, this right remains elusive, exposing a troubling disconnect between constitutional guarantees, policy declarations, and lived reality.

Policy changes in rural employment scheme and the politics of nomenclature

By N.S. Venkataraman* The Government of India has introduced a revised rural employment programme by fine-tuning the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), which has been in operation for nearly two decades. The MGNREGA scheme guarantees 100 days of employment annually to rural households and has primarily benefited populations in rural areas. The revised programme has been named VB-G RAM–G (Viksit Bharat Guarantee for Rozgar and Ajeevika Mission – Gramin). The government has stated that the revised scheme incorporates several structural changes, including an increase in guaranteed employment from 100 to 125 days, modifications in the financing pattern, provisions to strengthen unemployment allowances, and penalties for delays in wage payments. Given the extent of these changes, the government has argued that a new name is required to distinguish the revised programme from the existing MGNREGA framework. As has been witnessed in recent years, the introdu...

Aravalli at the crossroads: Environment, democracy, and the crisis of justice

By Rajendra Singh* The functioning of the Ministry of Environment, Forests and Climate Change has undergone a troubling shift. Once mandated to safeguard forests and ecosystems, the Ministry now appears increasingly aligned with industrial interests. Its recent affidavit before the Supreme Court makes this drift unmistakably clear. An institution ostensibly created to protect the environment now seems to have strayed from that very purpose.

'Structural sabotage': Concern over sector-limited job guarantee in new employment law

By A Representative The advocacy group Centre for Financial Accountability (CFA) has raised concerns over the passage of the Viksit Bharat – Guarantee for Rozgar and Ajeevika Mission (VB–G RAM G), which was approved during the recently concluded session of Parliament amid protests by opposition members. The legislation is intended to replace the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA).

'Festive cheer fades': India’s housing market hits 17‑quarter slump, sales drop 16% in Q4 2025

By A Representative Housing sales across India’s nine major real estate markets fell to a 17‑quarter low in the October–December period of 2025, with overall absorption dropping 16% year‑on‑year to 98,019 units, according to NSE‑listed analytics firm PropEquity. This marks the weakest quarter since Q3 2021, despite the festive season that usually drives demand. On a sequential basis, sales slipped 2%, while new launches contracted by 4%.

Safety, pay and job security drive Urban Company gig workers’ protest in Gurugram

By A Representative Gig and platform service workers associated with Urban Company have stepped up their protest against what they describe as exploitative and unsafe working conditions, submitting a detailed Memorandum of Demands at the company’s Udyog Vihar office in Gurugram. The action is being seen as part of a wider and growing wave of dissatisfaction among gig workers across India, many of whom have resorted to demonstrations, app log-outs and strikes in recent months to press for fair pay, job security and basic labour protections.

Public responses to the niqab incident and Iltija Mufti’s legal complaint

By Raqif Makhdoomi* Following an incident in which the Chief Minister of Bihar was seen pulling aside the niqab of a Muslim woman doctor during a public interaction, the episode drew widespread attention and debate across India. Public reactions were divided, with some defending the action and others criticising it as an infringement on personal autonomy and dignity. The incident was widely circulated on social media and reported by national and international media outlets.

Search This Blog