The Slow Erosion of Fundamental Rights: How Romila Thapar v. Union of India Highlights What Is Wrong with the UAPA.

21 Pages Posted: 23 Jul 2019

See all articles by Mayur Suresh

Mayur Suresh

University of London - School of Law

Date Written: July 22, 2019

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.

Keywords: law, India, Supreme Court, India, Terrorism

Suggested Citation

Suresh, Mayur, The Slow Erosion of Fundamental Rights: How Romila Thapar v. Union of India Highlights What Is Wrong with the UAPA. (July 22, 2019). Available at SSRN: https://ssrn.com/abstract=3423999 or http://dx.doi.org/10.2139/ssrn.3423999

Mayur Suresh (Contact Author)

University of London - School of Law ( email )

Thornhaugh Street, Russell Square
London, WC1H 0XG
United Kingdom

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