Self-Incrimination And National Security: A Study Of The Intersections Between Preventive Detention And Terrorism Laws In India
- IJLLR Journal
- Mar 6
- 1 min read
Iqmaaz Matloob, Ph.D. Candidate, Faculty of Law, Aligarh Muslim University
ORCID ID: https://orcid.org/0009-0006-8532-1832
ABSTRACT
This research paper critically examines the legal framework of preventive detention laws, particularly the Unlawful Activities (Prevention) Act (UAPA) and the National Security Act (NSA), and their interaction with constitutional safeguards like the right against self-incrimination under Article 20(3) of the Indian Constitution. By exploring the tension between individual liberties and national security, it highlights how broad legislative definitions and the discretionary powers granted to law enforcement often leads to coercion, arbitrary detentions, and rights violations. The paper underscores judicial efforts to balance these competing interests, as evident in landmark cases such as Rekha v. State of Tamil Nadu and Abdul Latif Abdul Wahab Sheikh v. B.K. Jha. It also assesses the implications of international human rights norms for India’s anti-terrorism framework, suggesting that domestic laws must align with global standards to uphold justice and fairness. The study concludes by recommending legislative reforms, judicial oversight, and enhanced accountability mechanisms to address the misuse of preventive detention laws while ensuring national security. These measures aim to protect civil liberties, mitigate coercion, and strengthen public trust in the legal system.
Keywords: Preventive detention, self-incrimination, UAPA, NSA, constitutional safeguards, human rights, judicial oversight.
Commentaires