Preventive Detention

Under this, a person is arrested with the object of preventing him from committing a crime that could harm the public order in society. It is one of the laws which were used by colonial rulers to suppress dissenting opinions in past. When India got independence there was the possibility of communal riots, war with other countries, difficulty in integration of states, and hence the framers of the law feared there are elements in the society who might intend to disrupt the peace in society and undermine the constitution hence they found it necessary to incorporate it into our legal system. A person can be put under preventive detention on the grounds of defense, Indian security and foreign affairs security of the state, public order, and supplies of essential commodities.


Article 22(3) states that if a person is arrested under preventive detention he cannot claim the protection against the arrest and detention which are provided under article 22. Preventive detention has been the topic of debate since it is incorporated under part 3 of the constitution which lays down the fundamental rights. In the case of AK. Gopalan vs state of madras, while upholding the constitutional validity of preventive detention the Supreme court held that Article
22(5) provides for safeguards hence preventive detention cannot be seen as violating fundamental rights.


Preventive detention is often seen as contradictory to personal liberty guaranteed by the constitution Our Constitution beyond question guarantees various freedoms and individual opportunity to all individuals in our Republic.


Nonetheless, the setup confirmation of such freedoms and opportunity isn’t planned to be mauled and manhandled to endanger and bargain the actual foundation of the case of our free society wherein the guaranteed law-based freedom and individual opportunity is expected to create and thrive obviously, in specific cases the laws relating to provincial history presently must be adjusted or refreshed over the long haul. Presently there is a requirement for security and
common liberties to go connected at the hip. It currently requires an assessment of the laws and their guideline. The state should assume the liability to remunerate the cleared person in detention in the spot of harms caused by identifying with life, wellbeing, pay, and so forth.


Legislative powers of preventive detention


The legislative exclusive powers lie with the parliament. The constitution enables the parliament to make laws when it is regarding defense, Indian security and foreign affairs. Both the parliament and state governments have legislative powers on issues about the security of the state, public order, and supplies of essential commodities.

Safeguards against preventive detention


Guaranteeing the assurance of least rights gave in that to stay away from unsuccessful labor of equity and furthermore abridge the forces of the Union/State Legislatures to institute laws for preventive detainment exposing them to certain established limits. Regardless of these legal arrangements, there is plentiful proof of police persecution and misuse.
The parliament has the authority to decide the maximum detention period. The person can be put into custody for a maximum period of 3 months. After the completion of 3 months, it is necessary to seek approval of an advisory board comprising of judges who are qualified to be the Judges of the High Court in India.


The person under detention should be informed about the reason so that he gets a chance of representation. There is no obligation on the officers to do that but it is advised to order that the person detained gets a chance of legal representation as soon as possible. Legal representation is a basic human right of the detained person as a layman cannot put forward his case due to a lack of knowledge of legal aspects.


Preventive detention is often seen as contradictory to personal liberty guaranteed by the constitution

Our Constitution beyond question guarantees various freedoms and individual opportunity to all individuals in our Republic. Nonetheless, the setup confirmation of such freedoms and opportunity isn’t planned to be mauled and manhandled to endanger and bargain the actual foundation of the case of our free society wherein the guaranteed law-based freedom and individual opportunity is expected to create and thrive obviously, in specific cases the laws relating to provincial history presently must be adjusted or refreshed over the long haul. Presently there is a requirement for security and common liberties to go connected at the hip. It currently requires an assessment of the laws and their guideline. The state should assume the liability to remunerate the cleared person in detention in the spot of harms caused identifying with life, wellbeing, pay, and so forth

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