The Legislative Framework of Anti-terrorism and Fundamental Rights in India

Abstract

The legislative framework governing anti-terrorism measures in India has faced substantial scrutiny regarding its compatibility with fundamental rights enshrined in the country's constitution. This paper aims to elucidate the intricate interplay between anti-terrorism laws and fundamental rights, highlighting the complexities inherent in balancing national security imperatives with individual liberties. The paper further outlines the evolution of anti-terrorism legislation in India, such as the enactment of key laws such as the Terrorism and Disruptive Activities (Prevention) Act (TADA) 1987, the Prevention of Terrorism Act (POTA) 2002, and the Unlawful Activities Prevention Act (UAPA) 1967. Fundamental rights are the cornerstone of India's democratic ethos, safeguarding the dignity and freedom of its citizens. By guaranteeing the right to life and personal liberty, freedom of speech and expression, and the right to privacy, the Constitution empowers individuals to participate actively in democratic processes, voice dissent, and hold the government accountable. These rights are not absolute but are subject to reasonable restrictions in the interest of public order, morality, and national security. Despite their crucial importance, fundamental rights often find themselves at odds with the exigencies of national security, particularly in the context of anti-terrorism laws. The paper provides a comprehensive overview of the constitutional bedrock of fundamental rights in India and highlight the tension between anti-terrorism laws and these rights, highlighting the importance of maintaining a delicate balance in upholding democratic principles.