UAPA in Jammu and Kashmir

A Functional Analysis

Abstract

The preservation of individual liberty and freedom depends on each nation’s ability to maintain its sovereignty and integrity. A democratic country like India must balance the preservation of its sovereignty and integrity with the essential freedom of her inhabitants to freely express themselves. This paper delves into the practical applications of the provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) which was passed to address terrorism, threats to national security, maintenance of peace, and protection against civil liberties’ invasion and abuse by individuals in power. A comprehensive analysis of the UAPA’s legal framework is provided with an emphasis on its key provisions, the authority granted to law enforcement organizations, and the accompanying threats to constitutional rights and due process inherent in its application. The paper begins by examining the legislative purpose of the UAPA and its historical development, emphasizing the necessity of having all-encompassing counter-terrorism legal measures. The necessity of having adequate safeguards, oversight mechanisms, and routine reviews of the UAPA’s implementation in order to balance the concerns about national security and the concerns about the defence of basic rights has been emphasized. The paper provides a snapshot of the assessment of the awareness and grasp of the common people in J&K about the UAPA and what it entails for them. There is also a voicing of the fears and suggestions for the UAPA’s potential for abuse and enhancing its accountability. These recommendations cover changes in the law to improve compliance with international human rights standards, such as clearer definitions of ‘terrorist activities’, increased judicial review, protection against arbitrary imprisonment, and clauses for recourse and compensation in the event of abuse.