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Do you think Unlawful Activities (Prevention) Act (UAPA) tilted the balance in favour of the State violating the fundamental freedoms of citizens? Critically analyse.

Topic: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

3. Do you think Unlawful Activities (Prevention) Act (UAPA) tilted the balance in favour of the State violating the fundamental freedoms of citizens? Critically analyse. (250 words)

Reference:  The Hindu

Why the question:

The death of Father Stan Swamy in judicial custody has brought into focus the Unlawful Activities (Prevention) Act (UAPA).

Key Demand of the question:

Discuss in what way Unlawful Activities (Prevention) Act (UAPA) tilted the balance in favour of the State violating the fundamental freedoms of citizens.

Directive:

Critically analyze – When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary. When ‘critically’ is suffixed or prefixed to a directive, one needs to look at the good and bad of the topic and give a fair judgment.

Structure of the answer:

Introduction:

Start with brief background of UAPA.

Body:

The answer body must have the following aspects covered:

Discuss its origin, recent amendments and the concerns thereof. The stringency of the law has raised concerns over the right to life and liberty of the accused under the UAPA.

The UAPA provisions differ considerably from the regular criminal laws. The UAPA modifies the Code of Criminal Procedure (CrPC) to make it more stringent. It provides provisions for longer remand periods as well as judicial custody.

The law also makes it more difficult to obtain bail. Under Section 43D(5) of the Act, bail cannot be granted to a suspect if the court is of the opinion that there are reasonable grounds to believe that the charges are prima facie true. This provision is liable for misuse and could render it almost impossible for anyone to obtain bail until the completion of the trial.

With suitable examples explain tilted the balance in favour of the State violating the fundamental freedoms of citizens.

Conclusion:

Conclude with solutions.