Advances in Consumer Research
Issue 7 : 524-528 doi: https://doi.org/10.5281/zenodo.21702622
Original Article
Balancing National Security and Human Rights in Bail Decisions under the Unlawful Activities (Prevention) Act, 1967
 ,
1
Ph.D from School of Law, Sushant University, Gurgaon focusing on “Balancing National Security and Human Rights in Bail Decisions under the Unlawful Activities (Prevention) Act, 1967”.
2
Associate Professor, School of Law, Sushant University, Gurugram.
Abstract

The Unlawful Activities (Prevention) Act, 1967, constitutes the primary legislative framework governing the prevention and investigation of unlawful and terrorist activities in India. The Act incorporates stringent bail provisions intended to safeguard national security by restricting the release of accused persons in cases involving serious offences. While these provisions aim to strengthen the criminal justice response to terrorism, they have also generated significant legal and constitutional debates regarding the protection of individual liberty, the presumption of innocence, and the right to a fair trial. This study examines the legal framework governing bail under the Unlawful Activities (Prevention) Act, 1967, with particular emphasis on the need to balance national security objectives with the protection of fundamental human rights. It seeks to analyse the statutory provisions, constitutional principles, and broader legal issues surrounding bail decisions under the Act. The study contributes to the ongoing discourse on balancing national security concerns with the protection of constitutional rights by providing a comprehensive legal analysis of the existing bail framework under the Unlawful Activities (Prevention) Act, 1967. The study addresses the continuing challenge of harmonizing counter-terrorism objectives with constitutional values by examining whether the existing legal framework governing bail adequately safeguards individual rights while preserving the legitimate interests of national security and public order.

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