SC Judge Calls for Reform in Anti-Terror Law Usage
In a significant address, Supreme Court Justice Ujjal Bhuyan emphasized that the political ambition of a ‘Viksit Bharat’ (Developed India) by 2047 must not be pursued through the controversial use of the Unlawful Activities (Prevention) Act (UAPA). Speaking at the inaugural national conference of the SC Bar Association in Bengaluru on March 23, 2026, Justice Bhuyan argued for a more inclusive dialogue while cautioning against criminalizing dissent.
The judge pointed out that the current trend of arrests under the UAPA, with a dismally low conviction rate, undermines the integrity of the legal system. Justice Bhuyan stated, “Mindless arrests under the UAPA with minuscule convictions cannot be a model for a developed India.” His remarks resonate with growing concerns about the misuse of laws intended to combat terrorism, which may lead to wrongful detentions and strained judicial resources.
Background on UAPA and Its Implications
The UAPA was enacted to provide the government with the ability to combat terrorism effectively. However, its application has come under scrutiny, particularly due to reports of arbitrary arrests and a lack of evidence leading to convictions. Data from 2019 to 2023 displayed that thousands have been detained under this draconian law, but the average conviction rate has remained alarmingly around 5%.
This underperformance indicates that most arrests were either premature or unsupported by sufficient evidence, raising questions about the overall efficacy and fairness of the UAPA. Justice Bhuyan urged legal professionals to consider how many individuals are languishing in jail without even a chargesheet filed against them, labeling this practice as inconsistent with the principles of justice.
Justice Bhuyan’s Vision for Viksit Bharat
Justice Bhuyan underscored a vision for Viksit Bharat that is rooted in equality and social justice. He pointed out that to genuinely achieve this vision, a significant reduction in societal disparities, particularly regarding caste-based discrimination and atrocities against Dalits, is necessary.
“A model of Viksit Bharat cannot exist where social fault lines remain unaddressed,” he stressed. Justice Bhuyan’s comments reflect an understanding that a developed society must be built on pillars of tolerance, respect, and acceptance, key values enshrined in the Indian Constitution.
Judicial Independence and Role in Policy
In his speech, Justice Bhuyan made a strong case for the judiciary’s independence, emphasizing that it should neither act as a cheerleader for the government nor a perpetual critic. He illustrated the need for a balanced approach, stating, “The judiciary must remain a separate and distinct organ of the State, capable of evaluating the trajectories set by the political executive.”
This perspective is vital as India advances toward its development goals. He also alluded to the significance of the year 2050, marking the centenary of both the Indian Constitution and the Supreme Court, indicating that this milestone could serve as a point of reflection on India’s progress.
Calls for Tolerance and Respect for Diverse Opinions
Justice Bhuyan emphasized the need for an environment where diverse views are tolerated and respected. The judiciary, he noted, should play a key role in safeguarding individual rights and freedoms.
“Debate should not be criminalized; instead, it should be embraced as a fundamental aspect of democracy,” he said, advocating for a society in which individuals can express their dissent without fear.
This appeals to the younger demographic of the nation, who may see the importance of robust discussions as essential to a functioning democracy. The judge’s sentiments highlight the necessity for an allowance of free speech within the frameworks of law, which is critical in a rapidly evolving society.
Caste-Based Discrimination and Its Societal Impact
Delving deeper into social issues, Justice Bhuyan highlighted that caste-based atrocities continue to inflict deep wounds on the societal fabric. He lamented the harsh reality where certain communities still face humiliation and systemic disadvantages. He used stark imagery to underscore this point, stating, “Parents cannot insist that their children will not accept food prepared by a Dalit woman. That cannot be the vision for a Viksit Bharat.”
His comments serve as a reminder that any development narrative must also focus on eradicating social injustices, which have historically marginalized specific communities. These harsh realities must be addressed if India is to move forward as a united nation.
The Road Ahead for India’s Legal Framework
Justice Bhuyan’s remarks are a clarion call for policymakers and legal practitioners to reflect on India’s judicial and legal landscape critically. The apparent disconnect between legislation aimed at ensuring security and the principles of justice raises concerns about the confusion and contradictions within the legal system. He advocates that reforms are essential to align with the overarching goal of achieving a fully developed nation.
The conversation around UAPA reform and addressing systemic injustices is more relevant than ever. Justice Bhuyan’s stance suggests that addressing these issues will require collaborative efforts from lawmakers, the judiciary, and civil society. He sees a developed India as one where efficient law enforcement operates alongside a just and equitable legal framework.
Conclusion and Future Implications
Justice Bhuyan’s address serves as a crucial reminder that the goal of Viksit Bharat must move beyond mere economic indices. It should encapsulate the essence of social harmony, justice, and respect for all individuals.
As India progresses toward its ambitious development goals, these foundational aspects must be prioritized. Without addressing social imbalances and ensuring that justice is served fairly, the vision for a developed India may remain unattainable. The discourse initiated by Justice Bhuyan is expected to gather momentum as various stakeholders engage in discussions on how to make equitable reforms in an evolving democracy.