Preventive Detention & Its Constitutional Safeguards
Amity Law School, Noida, India.
Volume II – Issue II, 2020
The Framers of the Indian Constitution who suffered the most because of Preventive Detention Laws did not hesitate to grant Constitutional sanctity to the Laws of Preventive Detention and that too in Fundamental Rights. Preventive Detention is all about detaining a person on apprehension that he might commit an unlawful act. These provisions came into being so as to prevent people from undermining society’s peace and security. The Constitution of India provides for various safeguards for Preventive Detention such as review by an Advisory Board consisting of Judges of High Court, communication of grounds of detention to the detenu and the detenu’s right of representation. The authorities have been vested with a lot of power by the Preventive Detention Laws making it a subject to misuse. This article also talks about the post-detention conditions that should be provided to the detenu.