UAPA Enforcement in India: 42% of Anti-Terror Arrests in J&K with Under 1% Conviction Rate

After J&K, Uttar Pradesh ranked second with 1,122 UAPA arrests in 2023. (Representational)

The Union Home Ministry has revealed to Parliament that Jammu & Kashmir (J&K) continues to lead India in arrests under the Unlawful Activities (Prevention) Act (UAPA), while maintaining a conviction rate of less than 1 percent.

In response to Congress MP Shafi Parambil's query, Minister of State for Home Affairs Nityanand Rai disclosed that out of 2,914 people arrested under UAPA nationwide in 2023, approximately 42% (1,206 arrests) occurred in J&K alone.

Despite this significant number of arrests, J&K recorded only 10 convictions, resulting in a mere 0.8% conviction rate, among the lowest nationwide.

Rai clarified that while police and public order remain under state government jurisdiction, the Centre collates data through the National Crime Records Bureau (NCRB). He noted that although NCRB tracks arrests and convictions, it does not maintain state-specific records of individuals currently imprisoned under UAPA.

Uttar Pradesh experienced a dramatic increase in UAPA arrests, more than doubling from 503 in 2022 to 1,122 in 2023, securing second position nationally. Meanwhile, J&K saw a slight decrease, with arrests declining from 1,238 in 2022 to 1,206 in 2023.

Delhi registered 22 UAPA arrests in 2023, five fewer than the previous year. The national conviction rate for UAPA cases stood at 4% for 2023.

According to ministerial data, 1,686 individuals were arrested under UAPA across 28 states, while 1,228 arrests occurred in seven Union Territories. Uttar Pradesh accounted for 66% of all state-level UAPA arrests, while J&K comprised 98% of UAPA arrests among Union Territories, highlighting its continued significance in national security detentions.

In a separate response, MoS Rai emphasized the government's "zero-tolerance policy" toward activities threatening India's "sovereignty, unity, integrity, and security." He confirmed that stringent measures are being implemented under UAPA to combat extremist, separatist, and anti-national activities.

Over the past five years, the Centre has designated 23 organizations as Unlawful Associations under the Act, many connected to militant movements in the Northeast and Jammu & Kashmir.

The Unlawful Activities (Prevention) Act of 1967, commonly regarded as India's anti-terror legislation, enables the government to act against individuals and organizations engaged in activities considered detrimental to national sovereignty and integrity.

This legislation authorizes the Centre to classify organizations as terrorist groups if they commit or participate in terrorism, prepare for terrorist acts, promote terrorism, or engage in other terrorist activities.

The 2019 amendment significantly broadened the law's reach by permitting the government to designate individuals as terrorists without requiring formal judicial proceedings.