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Assessing The Unlawful Activities (Prevention) Act, 1967 (UAPA) and Its Impact on India’s Prison Justice System
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Ms. Namrata Chakraborty
LLM student at Symbiosis Law School Pune, India.
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Dr. Ashish Deshpande
Assistant Professor at Symbiosis Law School Pune, India
Abstract
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.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 3401 - 3409
DOI: https://doij.org/10.10000/IJLMH.111748Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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Copyright © IJLMH 2021