Mumbai: A single court in Maharashtra’s Maoist-affected belt is burdened with 31 cases filed under the Unlawful Activities (Prevention) Act, with several accused spending years in jail while their trials move at a crawl.

The Unlawful Activities (Prevention) Act, or UAPA, is India’s principal anti-terror law. It allows for extended detention without charge and makes bail exceptionally difficult to obtain, which means accused persons often remain behind bars for years before their cases are decided.

In the forested districts of eastern Maharashtra, where Maoist insurgency has simmered for decades, UAPA cases form a significant share of the criminal docket. One overburdened courtroom has become the funnel through which dozens of these heavy cases must pass.

Years in jail before trial

The human cost of the backlog falls on the accused, many of whom are arrested on charges of links to banned organisations and then wait years for their trials to begin in earnest. Under UAPA’s strict bail provisions, release before trial is rare.

Legal experts have long argued that this creates a punishment-before-conviction dynamic. Even when accused persons are eventually acquitted, they cannot recover the years lost in custody.

A system under strain

The Maharashtra example points to a wider problem: special laws demand special judicial capacity, but courts in conflict-affected regions often operate with limited judges, slow forensic support, and witnesses who are reluctant or unable to appear.

Successive governments have defended UAPA as essential for national security, while courts have occasionally flagged concerns about its misuse. The Supreme Court has repeatedly stressed that the right to a speedy trial is part of the fundamental right to life and liberty.

Until the backlog in courts like this one is addressed, the tension between security and justice will keep playing out in the lives of those waiting years for their day in court.