NORMALIZATION OF THE EXCEPTIONAL STATE UNDER UNLAWFUL ACTIVITIES AND PREVENTION (AMENDMENT) ACT, 2019 – UMAR KHALID V. UNION OF INDIA
Barkha Singh
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ABSTRACT
The purpose of this paper is to analyze the validity of the Unlawful Activities (Prevention) Amendment Act, 2019 and the ambiguous language used by the Act along with several stringent provisions that impugn the principle of natural justice has raised several concerns over the misuse of the Act to confine innocents into a battle with a law that was initially formulated to protect them. This paper will first briefly discuss briefly the history of UAPA. Then the paper will attempt to analyze UAPA by applying various frameworks from Constitutional dictatorship to the theory of legal grey holes. It will breakdown the invalidity of the UAPA and examine them not primarily from a legal standpoint but from a sociological and political justice point of view. It will look into how the politics of terror laws comes into play in courts. This paper will look into how a bail becomes a tool of oppression or a saviour of individual civil rights under terror law regime. And how the government and its politics frame certain groups as “suspect communities” through propaganda. The researcher in the present research has adopted doctrinal or nonempirical method for collecting required data. This research will base its findings, inter alia, on analytical and critical studies.
Keywords
UAPA
Constitutional dictatorship
Civil rights
Bail provisions
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