Preventive Detention In India: Constitutional Safeguard And Contemporary Relevance
Ms. Manasi Vishwas Mohite, LLM, Department of Law, Shri. Navalmal Firodia Law College, Pune
ABSTRACT
Detention is an exceptional way to arrest the culprit who indulges in criminal activities or armful activities. Preventive detention is a mechanism under the framework of constitution by which state may restrict the person’s liberty to movement to prevent the harmful and mischievous activities in society. The preventive detention is altogether different from the detention or arrest under ordinary criminal law, it deals with the offences which are already committed, whereas the preventive detention deals with the prior of the actual harm cause in the society. This action of detention raises the questions relating to personal liberty, procedural fairness and the power of executives. This article examines the main foundational constitutional values and constitutional base of preventive detention in India, with specifically focus on the need of maintaining the appropriate balance between individual liberty and state security. The article discusses about the available constitutional safeguards to the person, subjected to preventive detention, which includes the communicating the grounds of arrest or detention, opportunity to make effective representation, review by the advisory board and compliance with procedure established by law. This article examines the contemporary relevance and concerns relating to preventive detention which includes the delay in communicating the grounds of detention, vague or insufficient reasons for detention, improper utilization of subjective satisfaction, repeated detention and arbitrary use of power. The article concludes with stating that, the preventive detention should be used in exceptional measure, operated with proper constitutional safeguards, procedural fairness, relevant material and effective judicial oversight. It is very much essential to maintain proper balance between the individual liberty and state security and liberty of the person should not be curtailed but it should be respected for preserving justice, dignity and the rule of law.
Keywords: Constitutional Safeguards, Judicial Oversight, Personal Liberty, Preventive Detention, State Security.
