What is the Gangster Act?

The Uttar Pradesh Police have invoked the Gangster Act against Shrikant Tyagi, the BJP politician who was caught on video assaulting a woman in a housing complex in Noida. 

Tyagi had already been booked under the Indian Penal Code 354, assault or use of criminal force on any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modest. 

The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act is a nearly 50 year old piece of legislation that was introduced by the then Chief Minister Vir Bahadur Singh in 1986. At the time, the primary motive of the act was to curb the actions of 2500 well-known gangsters in an effort to curb the spread of organised crime.

Individuals classified as gangsters under the Gangster Act can be be sent to prison for a period ranging from two to ten years and have to pay a minimum fine of Rs 5000. 

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The Act allows for the UP government to set up its own special courts for the purpose of a speedy trial. Additionally, the act has provisions to ensure that nor the state government nor its officials can have legal proceedings filed against them as long as the special courts conducted the trial in “good faith”.

Since 2017, the Chief Minister of UP, Yogi Adityanath has used the Act to crack down on gangsters in the state and has already demolished or threatened to demolish a number of properties owned by alleged gangsters. 

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While Tyagi may have been booked under the Gangster Act, critics say the language of the law is too generic and sweeping. Additionally, its use has also been threatened for non-gang related activities. For example, after the UP Teacher Eligibility Test was leaked the Chief Minister of UP, Yogi Adityanath, threatened to charge suspects under the Gangster Act and the controversial National Security Act.