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UAPA, bail and the right to a fair trial

Polity / Rights & JusticeRAS Mains GS-II · Polity, rights & judiciary

Question (10 marks, ~150 words):

Prolonged pre-trial detention under stringent laws like the UAPA tests the constitutional right to a fair trial. Critically examine.

Model Answer

Explain UAPA 43D(5) vs Article 21 and 'bail is the rule'. Use the Delhi-riots example (~6 years, inconsistent bail). Note low conviction rates and 'process as punishment'. Way forward: larger Bench, time-bound trials, consistent bail norms.

Key points to include

Source: The Hindu (op-ed), 3 Jul 2026 · 2026-07-03

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