PREVENTIVE DETENTION-VALIDITY IN PRESENT TIMES

January 27, 2022

Preventive detention is referred to as an action which is taken by administration on the subject of suspicion that some unethical actions may be done by the person concerned which will be prejudicial to the state. Article 22(3) of Indian Constitution mentions that if a person who has been arrested or detained under preventive detention laws there will be no protection available to him, under article22 (1) and22 (2).Top LLB Colleges in Jaipur teaches about the objectives of Preventive Detention which is not to Punish but to prevent the detainee from doing something which can be prejudicial to the State. However, the grounds, specified like Security of the State, Public Order, Foreign affairs and Services essential to the community, are a matter of subjective interpretation.

A person under preventive detention may be detained without trial only on any or some of the above grounds. A detainee under preventive detention does not possess a right of personal liberty guaranteed by Article 19 of Indian Constitution.

Preventive Detention in India is a Constitutional Tyranny:

In present times, debates are organized whether preventive detention should be made a part of Indian Constitution. Top LLB Colleges in Jaipur holds discussion sessions on the subject matter.

In the case of its continuance in Indian Constitution, it is important that its use is bonded to specified, limited circumstances and include adequate safeguards to protect the fundamental rights of detainees. Particular procedural modifications are required like reduction in detainees’ vulnerability to mental, physical and emotional torture and discriminatory treatment, preventing misuse of the clause and to prevent government prosecutors from subverting the criminal procedure.

In pursuit of this, several recommendations have been made by State Human Rights Commissions in association with Commission working for children and women’s Rights like the act of passing of preventive detention laws in times of peace for “the maintenance of public order or maintenance of supply and services essential to the community”, should be eliminated.
Maintaining overriding spirit of the Constitution and keeping with standards of international human rights law, it is necessary to introduce some constitutional reforms. The process can be accelerated by creating unique opportunities by Government agencies like commissions for an important realignment of India’s Constitution with prevailing international human rights standards. The key is political willpower and dedication to the application of the principle of Justice.