A Case Law Review Of The UAPA And Its Impact On Fundamental Rights

Ishaan Singhee, OP Jindal Global Law University

ABSTRACT

This paper seeks to critically analyze sections 35 and 36 of the Unlawful Activities Prevention Act (UAPA), and discuss the legality of these laws. UAPA was introduced to help deem certain organizations unlawful and further criminalize the activities conducted by these organizations. UAPA was amended most recently in 2019 and has continued to remain a controversial piece of Indian legislation. The amendment made in 2019, allows individuals to be charged under section 35 and be deemed terrorists, and not just groups to schedule 4 of the UAPA Act. The amendments made to the UAPA negatively impact the citizens' fundamental rights, in particular, Articles 14, 19(1) (a) and 21. Unfortunately, the safety of an individual's fundamental rights is being forgone, and this paper uses landmark judgements of the UAPA to understand and critique the difficulties posed by the Act. There is a dire need for improvement in the UAPA to ensure the safety of rights provided by the Constitution.