Preventive detention is a legal measure where a person is detained or imprisoned, not because they have committed a crime, but to prevent them from committing a potential offense in the future. The key idea behind this is to stop any actions that could harm public safety or national security before they occur.
Key Features:
Preventive, not Punitive: The purpose is to prevent a future crime, unlike punitive detention (imprisonment) which is punishment after a crime has been committed.
Applicable in Exceptional Circumstances: It is usually invoked in situations related to national security, public order, or essential services, where immediate action is needed to avoid a threat.
Limited Period of Detention: Under the Constitution of India, preventive detention laws, like the Maintenance of Internal Security Act (MISA), allow detention for a limited period without a formal trial. However, such detention requires periodic reviews.
Safeguards in the Constitution:
- Article 22 of the Indian Constitution provides safeguards against the abuse of preventive detention. It ensures:
- The person must be informed of the grounds for their detention as soon as possible.
- They must be given an opportunity to make a representation against their detention.
- A detention review by an advisory board must be held within three months to assess whether the detention is justified.
- Article 22 of the Indian Constitution provides safeguards against the abuse of preventive detention. It ensures:
Critical Analysis:
Pros: It is useful for protecting society from immediate threats, such as terrorism or espionage, where waiting for a crime to be committed might be too late.
Cons: It can be controversial due to potential misuse by authorities to suppress dissent or target political opponents. Critics argue that it can violate fundamental rights like personal liberty (Article 21).