Legal Framework of Preventive Detention in India
GS-2 Mains
Short Notes or Revision Notes
Question : Analyze the constitutional safeguards provided under Article 22 for individuals subjected to preventive detention in India.
Concept:
- Detentions to prevent potential crimes, based on suspicion.
- Used for national security, public order, etc.
Difference from Punitive Detention:
- Punitive – for past crimes after trial.
- Preventive – to stop future crimes.
Safeguards in Constitution (Article 22):
- Maximum initial detention: 3 months.
- Extension requires Advisory Board review.
- Detainee has right to know grounds (except public interest cases).
- Opportunity to make representation.
Arguments For:
- National Security:Addresses internal/external threats like terrorism.
- Public Order:Prevents escalation of violence during unrest.
- Preserving Sovereignty:Detains individuals involved in sedition, espionage, etc.
- Deterrence:Discourages potential offenders.
Arguments Against:
- Colonial Legacy:Introduced during British rule, targeting freedom fighters.
- Misuse Potential:State can withhold grounds, creating room for arbitrariness.
- Rights Infringement:Suspends fundamental rights under preventive detention.
- Suspicion-Based:Allows detention based on suspicion, not concrete evidence.
- Peacetime Measure:Unlike some countries (UK, US, Canada) where it’s a wartime measure.
Way Forward:
- Limited judicial review due to emphasis on “subjective satisfaction” of the state.
- More safeguards for detainees to minimize misuse.
- Judicial scrutiny to ensure proper procedure by government.
हिन्दी