Chapter

Preventive Detention

A.G. Noorani and South Asia Human Rights Documentation Centre

in Challenges to Civil Rights Guarantees in India

Published in print January 2012 | ISBN: 9780198074144
Published online September 2012 | e-ISBN: 9780199080823 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198074144.003.0001
Preventive Detention

Show Summary Details

Preview

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

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.