This chapter discusses preventive detention in India and argues that it has not been able to fulfil its underlying rationale of ensuring security and stability while also giving rise to a repeated pattern of abuse and suppression. First, it traces the history of preventive detention laws in India, focusing on the Indian Constitution, British colonial laws, and post-Independence Constituent Assembly debates. It also looks at various national and state preventive detention laws drafted pursuant to the Constitution. The chapter then considers judicial oversight of preventive detention as well as the failure of the judiciary to adequately ensure fundamental rights. Moreover, it analyses India's preventive detention laws and Constitutional provisions in light of international human rights law. Finally, the chapter offers some basic recommendations on how to improve the preventive detention regime in India.
Keywords: preventive detention; Constitution; Constituent Assembly; human rights; colonial laws; judiciary; judicial oversight
Chapter. 12604 words.
Subjects: Human Rights and Immigration
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