Aleena Maria Moncy, LLM, Christ (Deemed To Be University)
ABSTRACT
The concept of preventive detention has been an important point of discussion for a long time. It is often considered a serious invasion of the right to personal liberty of the people. Preventive detention can be defined as the confinement of an individual based on doubt without any kind of conviction by the court. In this paper, the researcher focuses on the aspects of preventive detention read together with the right to personal liberty. It is analyzed based on constitutional provisions and case laws concerning preventive detention and diverse applications. The researcher has critically analyzed the issues of preventive detention by focusing on different instances of misuse of power and other unfair practices. The right of people and the administration of criminal justice needs to be balanced to ensure the smooth functioning of society.
Preventive detention can be considered a serious invasion of personal liberty as unreasonable delay without any valid explanation attract injustice. The existence of unfair practices which goes against the right to personal liberty of the individual questions the innocence of the individual. The arbitrariness and injustice which come uninvited along with preventive detention point towards the severity of the issue. The lawfulness of detention is often questioned by citizens in the country where the safeguards concerning arrest and detention are raised. The researcher has emphasized the need to improve regulations on detention through advanced measures and techniques. Safeguarding national security and public order which were the real goals behind preventive detention is taking the wrong path with changes in society.
Keywords: Preventive detention, personal liberty, right, safeguard
