NEW DELHI/BENGALURU, March 23: Justice Ujjal Bhuyan has raised serious concerns over the application of the Unlawful Activities (Prevention) Act (UAPA), cautioning that excessive reliance on stringent laws and suppression of dissent could hinder India’s progress towards becoming a developed nation.
Speaking at a conference organised by the Supreme Court Bar Association in Bengaluru, Justice Bhuyan pointed to low conviction rates under the UAPA between 2019 and 2023, suggesting that many arrests may be premature and not backed by sufficient evidence. He emphasised that a strong democracy must allow space for debate and differing views rather than criminalising them.
The judge also highlighted the stark underrepresentation of women in the higher judiciary. While women constitute over half of judicial officers at the district level, their presence in constitutional courts remains limited. He noted that only a small fraction of judges in the Supreme Court and High Courts are women, raising questions about the selection process under the collegium system.
Justice Bhuyan underscored the need for greater gender parity, pointing out that women account for only a modest share of High Court judges and very few have held the position of Chief Justice across the country.
He further called for a judiciary that reflects the diversity of the nation, stressing that institutions must uphold constitutional values, ensure equality, and address deep-rooted social disparities.
Former Chief Justice B. R. Gavai also expressed concern over delays in judicial appointments, noting instances where recommendations reiterated by the collegium were not acted upon, highlighting challenges in the appointment process.
Justice Bhuyan concluded by advocating for a balanced and independent judiciary that neither acts as a constant critic nor a supporter of the government, but remains firmly anchored in constitutional principles.