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Notes 241013 213600

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4 views1 page

Notes 241013 213600

Notes

Uploaded by

meharjisha
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© © All Rights Reserved
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Preventive detention

Preventive detention refers to the arrest of individuals out of the


apprehension that they may committ a crime in the future, that
can be a threat to the law and public order of a country. The
provisions of Preventive detention has been embroidled in
multiple debates across the socio-politocal landscape.
Questions of Fundamental Rights have loomed large among
them.
India have a long legacy of preventive detention legislations,
that can be traced beck to the colonial era. Preventive
detention was envisaged by the British as an instrument to curb
dissent. Ironically constitution makers, despite being the
hardest hit victims of preventive detention, prov8ded provisions
for the same in the newly made constitution. The turmoil
independent Inida found itself in following partition, convinced
the constitution makers of the need for preventive detention to
deal with anti national elements, after a lot of debate in the
constituent assembly. These debates about the necessity and
validity of preventive detention has continued till now. The
periods of emergency saw rampant misuse of preventive
detention provisions. The central government made use of the
then MISA () to detain political enemies, subjecting them to
custodial torture and other vagaries.

PREVENTIVE DETENTION LAWS IN INDIA.

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