Abstract

Globally, every nation strives to protect its sovereignty and integrity by framing legislations. Similarly, India has enacted multiple laws and the prevailing one is the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as UAPA). The UAPA was originally developed as an Act to prevent the unlawful activities in India. Although, the UAPA has been in force since 1967, the Parliament amended the UAPA in the year 2004 thereby adding the dedicated chapters to deal with terrorist activities in the interest of securing and protecting the sovereignty and integrity of India. Thereafter, three amendments were made in the UAPA viz. 2008, 2012 and most recently in the year 2019. The paper does a historical and conceptual contour of the UAPA along with the key amendments. The paper further encompasses the essential features of the amendment of 2019. Furthermore, the paper looks at the UAPA through the lens of the fundamental rights particularly under Articles 14, 19 and 21 enshrined in the Constitution of India. The paper further analyses the challenges to the amendment of 2019, which includes the voices of critics, the judicial pronouncements, and the cases filed before the Hon’ble Supreme Court of India.

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