Examining UAPA and NIA: Intersection of Human Rights and National Security

  • Maitreya Sharma and Shivansh Agrawal
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  • Maitreya Sharma

    LL.M. Candidate at the West Bengal National University of Juridical Sciences (NUJS), Kolkata, India

  • Shivansh Agrawal

    LL.M. Candidate at the West Bengal National University of Juridical Sciences (NUJS), Kolkata, India

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Abstract

In the beginning, the article shall provide a preliminary introduction to the Unlawful Activities Prevention Act, 1967 and the National Investigation Agency. The article shall then talk about the evolution of the UAPA through successive amendments, which have led to broadening the horizon of the executive control and its subsequent impact. Further, the article shall establish how the political dissenters are held culpable by the successive Governments in power and how by criminalising dissent, the fundamental rights of the critics or dissenters are violated. The article shall then talk about the evolution of the National Investigation Agency, taking into account the recent amendment and how the body, through its functioning, has impacted the fundamental rights of the people. Finally, the article shall be concluded by encapsulating the whole discussion and attempting to provide pragmatic solutions to alleviate the current situation in a holistic manner as much as possible.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 664 - 676

DOI: https://doij.org/10.10000/IJLMH.11574

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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