Absence Of Essential Safeguards: A Discussion On Preventive Detention In India
Bhumi Verma, Dr. Ram Manohar Lohiya National Law University
ABSTRACT
Today a free man and tomorrow caged for no provable reason of his crime but on mere suspicion of potentially committing one. On the surface, one would interpret Preventive Detention laws to be as such. However, its complexity runs deep and so does its merits and damage. Justifying the detention of an individual on suspicion cannot be carried out arbitrarily but rather is to be subject to strict guidelines, legal procedures and review. Implementation of these laws is a tightrope walk while balancing national security and also individual liberty as guaranteed by the same legal framework that now seemingly seems to curtail is dramatically.
From pre-independent colonial laws to the modern Indian legal framework, Preventive Detention has existed for a long while and continuously evolved and at every point it has been controversial, sparking an everlasting discussion of where an individual’s rights end and where communal protection begins. Article 22, in present times has been the poster child of many such discussions. Especially when it comes to how it walks the tightrope, often tilting away from individual rights.
Preventive Detention is not exclusive to Indian law and observed in other democracies as well. Almost seen as a necessary provision in the name of national security and integrity. However, comparisons are to be made to other democracies in many instances to check our spots for improvement. Much emphasis is placed on preventing exploitation of human rights under preventive detention and many guidelines present in international democracies seek to achieve so.
This is not to say that we do not have safeguards placed in our framework for detention. The issue arises with how well these are implemented and how the safeguards itself can be improved.
This article aims to discuss and highlight these issues and understand our nation’s current standing on Preventive Detention.
