Shejal Harichandan, LL.M., School of Law, Christ University
ABSTRACT
The wrongful confinement of citizens is increasing, and the misuse of the laws by the executive authority is blasphemy that is taking place in the open. Preventive detention laws are present to save the nation or the state from threatening aspects, but the police are misusing their powers vested in them under Article 22 for their own satisfaction. Article 22 read with Article 21, the relationship is also very well-articulated in this paper to give us the very overview of the concept from the jurist’s perspective as well as from the perspectives of the makers of both the constitutions, i.e., The Constitution of India, 1950 and the United States Constitution,1788. The perspectives of preventive detention laws from India and the United States are taken into account when analysing the provision at hand, and the roots of this provision are also examined to determine the true reason for its implementation. Due Process of Law has aided in the pursuit of justice, which was incorporated in the United States Constitution by way of Bill of Rights which are the first ten amendments. It has guaranteed that equity and impartiality prevail in the judicial system. The 5th Amendment of the Constitution of the United States, states that no individual shall have their right to life, property, and liberty taken away without the proper legalities that are required to be done, but it only extended to laws of the government. The author here focused on how the preventive detention came into play in India and U.S.A, then brought the attention to the judicial perspective on preventive detention laws that prevails in both the countries, also the current status of this law that is present in India as well as United States of America. Here, the author also brings out the importance of the due process of law while we are on the topics of the preventive detention laws in India as well as in United States of America. So, the due process of law is also compared and analysed in this paper to give a better understanding of our topic that is the analysis of the preventive detention laws in India and United States of America, with a comparison in mind.
Keywords: Wrongful Confinement, Preventive Detention, Article 22, Due Process, Bill of Rights.
