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2026
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| Online Access: | https://doi.org/10.5281/zenodo.18990931 |
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| author | Shashank Ganesh |
| author_facet | Shashank Ganesh |
| contents | This research paper provides a detailed feature constitutional, doctrinal, and empirical examination of the Unlawful Activities (Prevention) Act, 1967 (UAPA). The discussion here is about how the UAPA has evolved from a 1967 law to target unlawful associations, to becoming the main post, 2004 counter, terrorism law in India after the repeal of POTA and the 26/11 Mumbai attacks. This research paper opens up the organizing principles of the Act's unlawful associations (Chapters IIIII), terrorist acts (Chapter IV), forfeiture (Chapter V), designation of organisations and individuals (Chapter VI), and overriding procedural mechanisms such as Section 43D(5)s strict prima facie bar on bail while connecting these provisions to Supreme Court jurisprudence such as Zahoor Ahmad Shah Watali, Association for Democratic Reforms, and related doctrines on membership and bail. This research paper critically examines the broadening of the scope of "terrorist acts", the extension of pre trial detention (up to 180 days), reverse burdens, asset attachment regimes, and the central role of the National Investigation Agency; contrasting them in terms of constitutional morality with Articles 14, 19, and 21. This research paper also, covers the NCRB data, and showcases case analyses being made in instances such as Bhima Koregaon, prosecution of Delhi riots, J&K law enforcement patterns, and international criticism from the UN UPR and FATF reviews. It contends that even though the UAPA has significantly enabled India to dismantle terror financing, insurgent networks, and cross, border conspiracies, its very low conviction rates, prolonged custodial periods without trial, and over, reach issues run the risk of preventive detention being equated with punitive imprisonment. This research paper, in its final section, argues that a repeal would leave security gaps, and hence it proposes a series of calibrated reforms. This includes limiting the definitional scope, reconside... |
| format | Recurso digital |
| id | zenodo_https___doi_org_10_5281_zenodo_18990931 |
| institution | Zenodo |
| language | |
| publishDate | 2026 |
| publisher | Zenodo |
| record_format | zenodo |
| spellingShingle | Analysis of the Unlawful Activities (Prevention) Act, 1967 Shashank Ganesh This research paper provides a detailed feature constitutional, doctrinal, and empirical examination of the Unlawful Activities (Prevention) Act, 1967 (UAPA). The discussion here is about how the UAPA has evolved from a 1967 law to target unlawful associations, to becoming the main post, 2004 counter, terrorism law in India after the repeal of POTA and the 26/11 Mumbai attacks. This research paper opens up the organizing principles of the Act's unlawful associations (Chapters IIIII), terrorist acts (Chapter IV), forfeiture (Chapter V), designation of organisations and individuals (Chapter VI), and overriding procedural mechanisms such as Section 43D(5)s strict prima facie bar on bail while connecting these provisions to Supreme Court jurisprudence such as Zahoor Ahmad Shah Watali, Association for Democratic Reforms, and related doctrines on membership and bail. This research paper critically examines the broadening of the scope of "terrorist acts", the extension of pre trial detention (up to 180 days), reverse burdens, asset attachment regimes, and the central role of the National Investigation Agency; contrasting them in terms of constitutional morality with Articles 14, 19, and 21. This research paper also, covers the NCRB data, and showcases case analyses being made in instances such as Bhima Koregaon, prosecution of Delhi riots, J&K law enforcement patterns, and international criticism from the UN UPR and FATF reviews. It contends that even though the UAPA has significantly enabled India to dismantle terror financing, insurgent networks, and cross, border conspiracies, its very low conviction rates, prolonged custodial periods without trial, and over, reach issues run the risk of preventive detention being equated with punitive imprisonment. This research paper, in its final section, argues that a repeal would leave security gaps, and hence it proposes a series of calibrated reforms. This includes limiting the definitional scope, reconside... |
| title | Analysis of the Unlawful Activities (Prevention) Act, 1967 |
| url | https://doi.org/10.5281/zenodo.18990931 |