The slow erosion of fundamental rights: how Romila Thapar v. Union of India highlights what is wrong with the UAPA. Issue 2 (4th May 2019)

• Record Type: Journal Article
• Authors: Suresh, Mayur
• Is Part Of: Indian law review. Volume 3:Issue 2(2019)
• Page Start: 212
• Page End: 223
• Publication Date: 2019-05-04
• Subjects: UAPA -- terrorism -- impunity -- legal procedures; Law reviews -- India -- Periodicals; 340.0954
• DOI: 10.1080/24730580.2019.1640593
• Languages: English
• ISSNs: 2473-0580

Abstract

ABSTRACT: This case note uses the recent Supreme Court decision of Romila Thapar v. Union of India to highlight how the Unlawful Activities (Prevention) Act slowly erodes fundamental rights. It argues that Romila Thapar shows how the police and prosecution use legal procedures to stifle democratic activity. By highlighting the various procedures that the state resorts to – from the ways in which First Information Reports are narrated, to how arrests are carried out, to how the central government designates terrorist organisations – this case note shows how the Unlawful Activities Prevention Act (UAPA) engenders a system of impunity under the garb of legality.