A few persons were put into preventative custody (preventive detention) in Haryana ahead of a religious parade.
What exactly is Preventive Detention?
- When a person is arrested, he or she is charged with a crime.
- Preventive detention entails holding persons without charging them with a specific offence in order to prevent them from engaging in actions that could undermine law and order.
Preventive Detention in Indian Law
- Detention without a Magistrate’s Order: If police officers suspect probable criminal behaviour, they can arrest somebody without a magistrate’s order or a warrant.
- Preventive custody Act of 1950: This law allows for the arrest and custody of individuals whose freedom threatens national security, foreign relations, public interests, or the well-being of the country.
- Unlawful Activities Prevention Act (UAPA), 1968: The Unlawful Activities Prevention Act (UAPA) permits the state to imprison persons who question Indian sovereignty territorially or who belong to organisations that have been declared illegal.
Constitutional Protections and Exceptions:
- Articles 22(1) and 22(2) of the Constitution require that arrested people be informed of their charges, have the right to legal representation, and appear before a magistrate within 24 hours.
- Article 22(3): These safeguards, however, do not apply to hostile aliens or people detained under specific legislation for preventive detention.
Preventive Detention Statistics
- Showing an Increase: According to the NCRB study, preventive detentions are on the rise, with over 24,500 people detained by the end of 2021, the highest amount since 2017.
- Over 483 of these detentions were made under the National Security Act, with nearly half remaining imprisoned at the end of 2021.
- In 2017, 67,084 persons were held preventively, of which 48,815 were released within six months and 18,269 remained in jail.
Concerns and Legal Considerations
- Cases are increasing: Since 2017, the number of preventive detentions has been increasing, with a major increase expected in 2021.
- The Supreme Court’s Position: The Supreme Court has stated that preventive detention is only justified to avert public disruption and should not be used in place of ordinary legislation to maintain law and order.
- Civil Liberties in Balance: While preventative detention helps to reduce anti-social and subversive behaviour, there are worries about potential misuse, arbitrariness, and infringement of civil freedoms.
Source: https://www.legalserviceindia.com/legal/article-751-preventive-detention.html