The Constitutional Analysis Of Anti-Terror Provisions Under The Unlawful Activities (Prevention) Act, 1967
- IJLLR Journal
- Mar 9
- 1 min read
Sumit Kumar, Law College Dehradun
Mr. Amber Srivastava, Law College Dehradun
1. ABSTRACT
The Unlawful Activities (Prevention) Act, 1967 (UAPA) is a pivotal legal instrument in India’s counter-terrorism strategy, designed to prevent unlawful activities that threaten national integrity and security. However, its stringent provisions have sparked significant constitutional debates, particularly concerning their impact on fundamental rights such as freedom of speech, personal liberty, and protection against arbitrary detention. This paper undertakes a detailed constitutional analysis of UAPA’s anti-terror provisions, evaluating their consistency with Articles 19, 21, and 22 of the Indian Constitution. Through an examination of judicial interpretations, key legislative amendments, and international comparisons, this study highlights the critical tension between national security imperatives and individual freedoms. The research explores how courts have addressed these concerns and the evolving jurisprudence surrounding the Act. Additionally, it discusses the need for reforms and safeguards to ensure that counter-terror measures remain constitutionally valid while upholding democratic values. The paper concludes by advocating a balanced approach that enhances security without eroding fundamental rights, proposing judicial oversight and legislative refinements as essential measures to mitigate potential misuse of the Act.
Keywords: UAPA, constitutional analysis, anti-terror laws, fundamental rights, national security, judicial review
