Date of Award

2-1-2025

Publication Type

Thesis

Degree Name

LL.M.

Department

Faculty of Law

Keywords

Anti-terror law; State of Exception; UAPA; Violence of law; War on Terror

Supervisor

Vasanthi Venkatesh

Supervisor

Danardo Jones

Rights

info:eu-repo/semantics/openAccess

Abstract

This thesis delves into the enduring presence of anti-terror legislation in India through the dual mechanism of legislative continuity and the malleability of the ‘terror identity’. In this study, I examine the Unlawful Activities Prevention Act (UAPA) as a persistent tool of state control in India today, focusing on how the construction of ‘terror identities’ – those deemed enemies of the state – is essential to a nation-state given its inherently insecure nature. I trace the evolution of anti-terror laws from colonial times to the present, demonstrating the consistent reliance on extraordinary legal measures to address perceived threats. The permanence of extraordinary laws demonstrates the intrinsic need of the state to continuously construct these identities to gain legitimacy for using the violence of the law. The thesis explores the colonial continuity of antiterror laws in India, highlighting the political order built on social and economic domination that warrants coercion for its sustenance. Further, I argue that the fluid and adaptable nature of the ‘terrorist’ label allows for the constant expansion of the law's reach, ensuring its continued relevance in diverse political and social contexts. The thesis concludes by highlighting the enduring structures of coercion to maintain the national project, even after the transition from colonial rule to independent democratic rule.

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