Preventive Detention: Whether A Threat To Due Process Of Law
B Harshith Sharma, School of Excellence in Law, TNDALU, Tamil Nadu
ABSTRACT
This research study analyses the complex relationship between the controversial topic of preventive detention (PREVENTIVE DETENTION) and the complexities of the Due Process of Law (DUE PROCESS OF LAW). Although the concept of Due process of Law has not been blatantly stated in the Indian Constitution, it is of stout importance to contemplate that the Performance of due process of law has evolved and has started to have a deep impact in Indian jurisprudence. Therefore, abiding by the procedure established by law alone shall not be enough, considering the constant developments in the concept of Due Process of Law.
This study begins with a thorough content examination of the connotation and evolution of Due Process of Law, post which there shall be a deep analysis of different precedents set by multiple case laws concerning Due Process. Thereafter, discrete developments in the concept of Preventive Detention shall further comply with the Preventive Detention Act, 1950, Unlawful Activities Prevention Act, 1954, and a few other State legislatures’ statutes. This perusal shall navigate the route to understand the key relations between the two.
This study in particular shall evaluate the concepts of ‘DUE PROCESS OF LAW’ and ‘PREVENTIVE DETENTION’ for the correlative functioning of the two in the jurisprudence of multiple States. The provision of ‘Preventive Detention’ shall be considered as a big bane as it violates due process, but the same can be looked at as a boon when stipulated in the long run. Therefore, the findings of the study shed light on the dynamic interplay between the two and further provide insight into the political rhetoric that is involved in the same, where special emphasis shall be laid on the Maintenance of Internal Security Act, 1971.
Keywords: Preventive Detention, Due Process of Law, Political rhetoric, Constitution, Procedure established by Law.
