UAPA And Civil Liberties Violation

Anukriti Mishra, LL.M., National Law University and Judicial Academy, Assam

ABSTRACT

The Unlawful Activities (Prevention) Act (UAPA) represents a complex intersection between national security and civil liberties in India, often sparking debates about its implications for democratic rights. This paper critically examines the UAPA of 1967, its controversial provisions, and its impact on civil liberties in India. It discusses how the Act, originally aimed at countering terrorism and safeguarding national security, has been increasingly criticized for its broad and vague definitions that allow for potential misuse, often resulting in the suppression of dissent and violation of fundamental rights such as freedom of speech and expression. The study analyses specific provisions of the UAPA that reverse the burden of proof, limit bail rights, and enable arbitrary detention without trial, thus contravening the principles of natural justice and due process. Through a review of landmark judicial decisions and literature, the paper highlights the need for a balanced approach that ensures both national security and the protection of individual rights within a democratic framework. It calls for legal reforms to enhance accountability, transparency, and alignment with constitutional safeguards.