Assessing The Unlawful Activities (Prevention) Act, 1967 (UAPA) and Its Impact on India’s Prison Justice System
Despite falling under the category of anti-terror legislation the recent demise of Stan Swamy after a prolonged wait for justice, preceded by the incessant arbitrary arrests as per the NCRB Crime in India Report 2019 reveal how the Unlawful Activities (Prevention) Act 1967 (UAPA / ‘the Act’) gradually proceeds towards creating a human rights disaster in the name of national security. The provisions such as Sections 13, 15 and 43(D) of the Act restrict the freedom of Indian citizens and non-citizens in a participatory democracy as well as cause the inherent rights of a detainee or undertrial prisoner completely disappear from the context of criminal justice administration. In the present article, a critical analysis is hence conducted on the provisions of UAPA legislation with a view to assess its far-reaching impact upon the prison justice system in India.
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