'Stillborn law': Supreme Court finds fault with Uttar Pradesh Gangsters Act, says prone to misuse
The Supreme Court of India has declared the Uttar Pradesh Gangsters Act 'stillborn,' ruling that it is prone to misuse and fails to properly define a legal offense. The court emphasized that while curbing organized crime is necessary, it cannot come at the cost of citizens' fundamental liberties.
Why it matters
This ruling serves as a significant check on state power, highlighting the judiciary's role in preventing the abuse of anti-crime legislation.
Observing that the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act is prone to misuse, the Supreme Court has held that the 1986 law is "stillborn" as a person cannot be punished merely based on being labelled a “gangster”.
A Bench of Justices J.B. Pardiwala and K. Vinod Chandran said the law, which was enacted to stop violence and organised criminal activity, could instead be used against unsuspecting citizens.
The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act is a special state law enacted to target, control and punish organised crime syndicates, criminal gangs and habitual anti-social elements.
A “stillborn” law is a legal term used to describe a statute as invalid, void or legally dead from its inception because it fails to define a valid legal offence.
The top court said the law was capable of “perpetuating” violence against citizens “on the pretext of adjuring violence”.
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