The Unlawful Activities (Prevention) Act And Counter-Terrorism Framework In India: Balancing National Security And Fundamental Rights
- IJLLR Journal
- Jul 11
- 1 min read
Ishita Gupta, Bharati Vidyapeeth Institute of Management and Research (BVIMR), New Delhi
ABSTRACT
Unlawful Activities (Prevention) Act (UAPA) is the principal anti-terror legislation in India and plays a central role in the country’s counter-terrorism framework. Enacted initially in 1967 to address unlawful associations and activities threatening national integrity, the Act has undergone several amendments, especially after major security incidents, expanding its scope to deal specifically with terrorism, terrorist organizations, and individuals designated as terrorists.
This paper examines the legal framework of UAPA and its role in combating terrorism in India. It analyses the key provisions of the Act, including investigation powers, detention, bail restrictions, and the process of declaring organizations or individuals as terrorists. The study also explores the constitutional concerns arising from the implementation of the Act, particularly in relation to fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution of India.
The research adopts a doctrinal methodology based on statutes, judicial decisions, legal articles, and secondary sources. It reviews important judgments of the Supreme Court and High Courts to understand judicial interpretation and the practical application of the Act. The paper further highlights criticism regarding misuse, prolonged detention, and concerns related to civil liberties and due process.
The study concludes that while UAPA is an important legislative tool for national security, its broad provisions and strict procedural safeguards raise serious questions about balancing state security with individual freedoms. It emphasizes the need for reforms to ensure effective counter-terrorism measures while safeguarding constitutional rights and democratic values.
