VICTIMIZING THE ACCUSED: JUDICIAL DELAY, SYSTEMATIC NEGLECT AND PROLONGED TRIALS UNDER UAPA, 1967

This research critically examines the multilayered victimization of accused individuals under India’s Unlawful Activities (Prevention) Act (UAPA), focusing on the pervasive judicial delays and systemic neglect that extend beyond the courtroom to affect families and communities. Employing a victimological framework, the study explores how procedural rigidity, stringent bail provisions, and institutional inefficiencies within investigative agencies, prosecution, and judiciary collectively contribute to prolonged trials that violate constitutional guarantees of liberty and fair trial under Article 21 of the Indian Constitution. Empirical evidence reveals that over half of UAPA cases experience investigations extending well beyond statutory limits, with many accused spending years in pretrial detention despite low conviction rates. The analysis highlights significant psychological, social, and economic harms suffered by both the accused and their families, including mental health deterioration, social ostracism, economic instability, and intergenerational trauma. Extended incarceration accelerates reputational damage and community alienation, perpetuating cycles of marginalization and eroding social cohesion. Landmark case studies including Shoma Sen, Mamman Khan, and the Bhima Koregaon matter underscore systemic flaws in judicial responsiveness and accountability. The research affirms the critical tension between national security imperatives and individual liberty protections, revealing inconsistent judicial balancing acts in bail jurisprudence. It concludes by advocating for comprehensive judicial reforms, enhanced institutional accountability, victim support frameworks, and procedural innovations aimed at expediting trials and safeguarding human rights. This study contributes to ongoing debates on counterterrorism law and democratic governance by foregrounding the human costs of protracted legal processes and systemic neglect under UAPA.