BALANCING BARS AND BOUNDARIES: PRISONERS’ RIGHTS, FREE SPEECH, AND NATIONAL SECURITY IN INDIA

AUTHOR – AKSHIVA GOSWAMI, STUDENT AT AMITY UNIVERSITY NOIDA, UP, INDIA

BEST CITATION – AKSHIVA GOSWAMI, BALANCING BARS AND BOUNDARIES: PRISONERS’ RIGHTS, FREE SPEECH, AND NATIONAL SECURITY IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (7) OF 2025, PG. 574-589, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

This research critically explores the intersection between prisoners’ rights and the regulation of speech, particularly in the context of national security in India. Through a multidimensional analysis that includes constitutional law, international human rights standards, and comparative jurisprudence, the study evaluates how legal frameworks such as the Unlawful Activities (Prevention) Act (UAPA) and National Security Act (NSA) impact the civil liberties of incarcerated individuals. Employing a comparative legal methodology and qualitative interviews with legal experts and human rights advocates, the research highlights the challenges of balancing national security imperatives with the preservation of fundamental rights, such as freedom of speech and protection from arbitrary detention. The work also emphasizes the implications of preventive detention, media narratives, and societal biases in shaping public policy and legal interpretation. Ultimately, the study calls for legal reforms that align national practices with international human rights obligations and safeguard the dignity of all prisoners, including those accused of terrorism.

KEYWORDS

Prisoners’ Rights, Freedom of Speech, National Security, UAPA, Preventive Detention, Indian Constitution, Human Rights, Terrorism Laws, Judicial Review, Civil Liberties, Penal Reform, International Law