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5 Indian J.L. & Legal Rsch. 1 (2023)

handle is hein.journals/injlolw13 and id is 1 raw text is: 
Indian Journal of Law and Legal Research


A  CASE LAW REVIEW OF THE UAPA AND ITS IMPACT ON

                       FUNDAMENTAL RIGHTS

                       Ishaan Singhee, OP Jindal Global Law University











                                   ABSTRACT

        This paper seeks to critically analyze sections 35 and 36 of the Unlawful
        Activities Prevention Act (UAPA), and discuss the legality of these laws.
        UAPA   was introduced to help deem certain organizations unlawful and
        further criminalize the activities conducted by these organizations. UAPA
        was amended  most  recently in 2019 and has  continued to remain a
        controversial piece of Indian legislation. The amendment made in 2019,
        allows individuals to be charged under section 35 and be deemed terrorists,
        and not just groups to schedule 4 of the UAPA Act. The amendments made
        to the UAPA negatively impact the citizens' fundamental rights, in particular,
        Articles 14, 19(1) (a) and 21. Unfortunately, the safety of an individual's
        fundamental rights is being forgone, and this paper uses  landmark
        judgements of the UAPA to understand and critique the difficulties posed by
        the Act. There is a dire need for improvement in the UAPA to ensure the
        safety of rights provided by the Constitution.


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Volume V Issue IV I ISSN: 2582-8878