Kirti Shankar, BBA LLB (Hons), Christ (Deemed To Be University), Pune
Anshika Singh, BBA LLB (Hons), Christ (Deemed To Be University), Pune
ABSTRACT
Preventive detention is a controversial practice wherein individuals are detained without trial based on the presumption of future offenses. In India, this mechanism has deep historical and legal roots, primarily aimed at maintaining public order and ensuring national security. The Indian Constitution, through Article 22, outlines specific provisions for preventive detention, further supported by various statutes such as the National Security Act (NSA) of 1980, the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA) of 1974, and the Unlawful Activities (Prevention) Act (UAPA) of 1967.
Preventive detention in India faces significant challenges, including arbitrary detention, lack of judicial oversight, prolonged detention without trial, and disproportionate impact on marginalized communities. The opacity in detention grounds disclosure makes defense difficult. The practice infringes on personal liberty, fair trial rights, and international human rights. It also has severe psychological and social impacts on detainees and their families, leading to mental health issues, economic hardships, and social ostracization.
In this paper, we will delve into the legal framework governing preventive detention in India, scrutinize the challenges inherent in its implementation, and explore the human rights implications arising from its use. By examining judicial interventions, legislative reforms, and international human rights standards, following the doctrinal method, we aim to provide a comprehensive analysis of preventive detention in India, advocating for a balanced approach that safeguards national security while protecting individual freedoms and human rights.
Keywords: Preventive detention, Legal framework, Human rights, Judicial oversight, State Security
Comments