Preventive Detention And Individual Rights: A Critical Analysis Of Its Constitutional Validity And Human Rights Implications In India
- Indian Journal of Law and Legal Research
- Mar 2
- 1 min read
Rithick Roshan. A, B.A.L.LB (Hons.), LLM, Christ (Deemed) To be University
ABSTRACT
Preventive detention is a controversial legal mechanism that allows the state to detain individuals without trial based on the anticipation of future offenses. Some people support preventive detention because they think it keeps the nation safe and quiet. Others, however, object to it because they believe it could be misused and infringe upon people's fundamental liberties. This paper critically examines the constitutional validity of preventive detention in India in impact on individual rights and the judicial safeguards provided to prevent its abuse. It also compares India’s preventive detention laws with international human rights standards and gains knowledge from both historical and current cases. This study explains the balance between state security and personal liberty and suggests reforms for aligning India’s preventive detention framework.
Keywords: Preventive Detention, Individual Rights, Constitutional Validity, Human Rights, Judicial Safeguards, National Security
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