Anti-Terror Laws in India and the USA: A Constitutional Review of the UAPA and the Patriot Act
Author : Dr. Varun Srivastava and Aayushi Singh
Abstract :
When examining the anti-terror laws of the United States and India, the first point that stands out is that both nations face threats from terrorism, both domestically and internationally. As a result, they have had to enact specific legislation to counter these threats effectively. To prevent future attacks and ensure national security, governments must equip law enforcement agencies with the necessary tools and powers. However, this raises a crucial challenge—striking the right balance between safeguarding citizens’ rights and protecting national integrity while implementing these laws. In the case of the Patriot Act, concerns have been raised regarding its potential to enable racial and ethnic discrimination, which runs contrary to the fundamental principles upon which the U.S. Constitution is built. Similarly, an assessment of how the Unlawful Activities (Prevention) Act (UAPA) is enforced reveals that it often infringes on individual rights, calling into question India’s commitment to democratic values. Despite the stringent nature of these laws, the judiciary in both countries has, through various rulings, defended fundamental rights against their arbitrary application. This paper seeks to provide a comparative analysis of anti-terror laws in the United States and India, ultimately offering recommendations to address instances where these laws result in serious violations of civil liberties.
Keywords :
Constitution, Civil Liberties, Judiciary, PATRIOT Act, UAPA.
