Background
The Bharatiya Janata Party (BJP), the Hindu nationalist party led by current Indian Prime Minister Narendra Modi, has been strategically targeting Indian activists and journalists, specifically those critical of the Indian government, since it took power in 2014. The state uses laws like the Unlawful Activities Prevention Act (UAPA) to detain people, many of whom are student activists, without a formal charge or trial.
Activists and human rights advocates have expressed grave concerns over the immense crackdown on free speech in India, according to Wired. Specifically, the UAPA is a tool to silence and remove voices of dissent — especially Kashmiri, Muslim, Dalit, and Adivasi voices of dissent — without the need for evidence. In May 2022, some UN experts spoke out about how many aspects of the UAPA oppose international human rights law and standards.
Life and Activism
Thwaha Fasal, a journalism student at the time, was arrested with Allan Shuhaib in November 2019 by Kerala police, according to The Indian Express. Their homes were raided by the police and they were targeted for being members of the Communist Party of India. Fasal was arrested for allegedly having Maoist literature.
Many politicians came out in support of the two students: leader of opposition Ramesh Chennitala told reporters, “In the name of hunting the Maoists, innocent persons are being charged under UAPA. If they (the two students) distributed notices, should they be charged under UAPA? Kerala is witnessing government-backed terror. The Chief Minister has failed to rein in the police. He must resign.”
Their arrests drew significant attention in 2019 because their arrests were due to simply the possession of literature and pamphlets.
Charges and Allegations
Thwaha Faisal was arrested under the UAPA and charged under Section 38 (offense relating to membership of a terrorist organization) and Section 39 (offense relating to support given to a terrorist organization), according to The Indian Express.
Current Status
Granted bail
Last Update
The Supreme Court granted bail to Thwaha Faisal in October 2021, almost 2 years after his arrest. The bench said, “Mere association with a terrorist organisation is not sufficient to attract Section 38 (Offence Relating to Membership of a Terrorist Organisation) and mere support given to a terrorist organisation is not sufficient to attract Section 39 (Offence Relating to Support Given to a Terrorist Organisation). The association and the support have to be with intention of furthering the activities of a terrorist organisation.”