Why in news?
- In recent times, the issue of preventive detention has come under scrutiny, particularly with the Supreme Court emphasizing the importance of advisory boards not acting as mere rubber stamps for governmental decisions.
- But what exactly is preventive detention, and why is it a matter of such concern?
Understanding Preventive Detention:
- Preventive detention refers to the detention of an individual without trial or conviction by a court.
- Unlike punitive detention, which is imposed as a punishment for a crime already committed, preventive detention aims to avert potential future offenses.
- It finds its roots in British colonial rule in India, with laws authorizing such detentions dating back to 1818.
- Under these laws, individuals can be detained on grounds such as state security, public order, or matters pertaining to foreign affairs.
- However, there are strict safeguards in place to prevent misuse of this power.
- For instance, the detention period cannot exceed three months without approval from an advisory board, which acts as a check on arbitrary state action.
Safeguards and Protections:
- Article 22 of the Indian Constitution provides crucial protections to individuals subjected to preventive detention.
- It mandates the formation of advisory boards, typically consisting of individuals qualified to be High Court judges, to review detention orders every three months.
- These boards thoroughly assess the evidence, provide detainees with an opportunity to challenge their detention, and ensure that the detention is justified.
- Additionally, detainees have the right to know the grounds of their detention, although the state may withhold this information if it deems it necessary in the public interest.
- Furthermore, the period of detention cannot be extended beyond three months without approval from the advisory board.
Challenges and Concerns:
- Despite these safeguards, preventive detention has raised several concerns.
- There have been instances where governments have leveraged these laws to exert extrajudicial authority, leading to fears of arbitrary detentions.
- Moreover, there’s a risk of misuse of other laws, such as the Unlawful Activities (Prevention) Act, which also provides for preventive detentions.
- Another issue is the blurred line between public order and law and order.
- While the former deals with maintaining peace and stability within society, the latter pertains to the enforcement of laws and regulations.
- The distinction between the two is crucial, as preventive detention is meant to address threats to public order, not routine law and order problems.
The Way Forward:
- To address these concerns, various recommendations have been proposed.
- The National Commission to Review the Working of the Constitution (NCRWC) suggested extending the maximum period for detention under Article 22 to six months and altering the composition of advisory boards.
- Moreover, the Supreme Court has emphasized the exceptional nature of preventive detention powers, advocating for their sparing use and caution against their misuse.
Conclusion
- While preventive detention serves as a tool to maintain public order and national security, its implementation must be guided by strict adherence to constitutional safeguards and principles.
- Upholding the right to personal liberty while safeguarding societal interests remains paramount in ensuring a just and democratic society.
People also ask
Q1: What is preventive detention?
Ans: It refers to the practice of detaining an individual without trial or conviction by a court. Its purpose is to prevent the person from committing a future offense rather than to punish them for a past crime.
Q2: What are the grounds for preventive detention?
Ans: Preventive detention can be authorized on grounds such as state security, public order, or matters related to foreign affairs. These grounds are outlined in various laws enacted by both the central and state governments.
Q3: What are the safeguards available to individuals subjected to preventive detention?
Ans: The Indian Constitution, under Article 22, provides several protections to individuals detained preventively. These include the right to know the grounds of detention, the right to challenge the detention, and the requirement for detention orders to be reviewed periodically by advisory boards.
Q4: What is the role of advisory boards in preventive detention?
Ans: Advisory boards, typically consisting of individuals qualified to be High Court judges, play a crucial role in preventive detention cases. They review detention orders every three months to ensure they are justified and provide detainees with an opportunity to challenge their detention.
