THE IMPLICATIONS OF THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967: A CRITICAL STUDY

Abstract [English]

The Unlawful Activities (Prevention) Act, 1967 (UAPA) is India's primary anti-terrorism legislation, aimed at preventing unlawful activities that threaten national sovereignty, integrity, and security. Initially enacted to address secessionist movements, the Act has undergone multiple amendments, particularly in 2004, 2008, 2012, and 2019, significantly expanding its scope to include individuals designated as terrorists, extending detention periods, and restricting bail provisions. While the government justifies these measures as essential for combating terrorism, legal scholars and human rights activists argue that the law compromises civil liberties, weakens judicial oversight, and is prone to misuse against political dissenters, journalists, and human rights defenders. The study examines the historical evolution of anti-terror laws in India, the legislative intent behind UAPA, and the legal framework governing its implementation. Analyses judicial interpretations and landmark cases, highlighting instances where courts have either upheld the Act’s stringent provisions or intervened to protect fundamental rights. A comparative analysis with global counter-terrorism laws in the United States, United Kingdom, Canada, and Germany reveals that India’s UAPA lacks independent review mechanisms and sufficient safeguards to prevent misuse. The study also explores the socio-legal impact of the law, particularly on democratic freedoms, and its implications for the criminal justice system. It concludes by emphasizing the need for legal reforms, judicial oversight, and independent accountability mechanisms to balance national security concerns with constitutional rights, ensuring that counter-terrorism measures do not undermine democratic principles and the rule of law.