Uttar Pradesh Control of Organized Crime Act (UPCOCA) was passed in the Legislative Assembly of Uttar Pradesh on 22 Dec 2017 but it faces a lot of challenges in the Legislative Council. On the one hand, BJP ruled state government called it a milestone law, while on the other hand, opposition leaders called it “Black Law” and “Uninformed Emergency.”
While the opposition is looking at the possibilities of political hatred in this law, experts say that the existing laws are enough to stop the crime in UP and the only need is to execute these laws properly. Chief Minister Yogi Adityanath announced on 21 December that the government is preparing to withdraw more than 20 thousand political cases. These lawsuits have only been filed on the basis of demonstration and protests, said the chief minister while discussing the UPCOCA Bill in the House.
What is UPCOCA, and How It Works?
To control the risk of organized crime, research procedures for the property attachment, remand processing, crime control procedures, the formation of special courts for the purpose of quick delivery of justice and the appointment of special prosecutors and the control of organized crime. It has been decided to enact the special law with strict and preventive provisions.
Punishment under UPCOCA
In case of the death of someone as a result of an organized crime, there is a death sentence or life imprisonment. Also, there is a provision of minimum penalty of 25 lakh rupees. In any other case, there is a provision of imprisonment ranging from at least 7 years to life imprisonment and a minimum penalty of 15 lakh rupees is also proposed. The bill provides for the creation of a special court for the speedy disposal of the organized crime cases.
Is UPCOCA Really Required?
Zafaryab Jilani, senior advocate of the Allahabad High Court, says that neither crime is organized in Uttar Pradesh and nor there is a shortage of law to prevent the crime.
He said that the government hasn’t indicated directly that this law is against the Muslims and Dalits, but we had had an example of this in the form of a law in the name of TADA in which police itself suit anyone guilty and the innocents were sentenced to jail for more than 15 years without committing any crime.
According to him, crimes in UP is not like that of MP, Maharashtra or any other states, and it doesn’t require a law like UPCOCA. This law is completely designed against the Muslims, Dalits or for those people who are their political opponents.
Now the government is facing problems in the legislative council on this law and has referred to the selection committee but this law was easily passed out in the legislative council in the absence of an opposition. The opposition leaders though reported saying that it was an open insult of opposition.