Emerging trends in preventive detention laws in India perspectives from Lakshadweep

Malaviya, Deepayan (2022) Emerging trends in preventive detention laws in India perspectives from Lakshadweep. Indian Journal of Law and Public Policy. pp. 30-46. ISSN 2394-2657

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The article traces the presence of preventive detention laws throughout the course of Indian history and highlights the requirement and the justification for such laws. Since these laws are absolute laws and provide for the detention of a person who endangers either "public order" or the "security of the state" or adversely affects the 'friendly relations with countries", the Indian Judiciary has been highly active, and its decisions have been favoring the rights of individuals as opposed to the might of the State. However, the question remains to what extent the judiciary has been able to preserve and protect individual rights? To answer this question, the trend in the usage of these laws becomes relevant to shed light on the direction in which the democratic principles enshrined in the Constitution are headed towards. Observing this trend, we see the development of two narratives, on one side, India is witnessing a movement concerning individuality and individual rights and on the other, the State is imposing restrictions on the fundamental freedoms. Thus, it remains to be seen to which side the balance of scale shall tip. A classic opportunity to understand this is presented in the form of the proposed preventive detention laws at Lakshadweep. The opportunity is unique because Lakshadweep is a place which is known for its scenic beauty and not for criminal activities. History has shown that preventive detention laws are utilized to tackle situations wherein the integrity of the nation is at stake, history has also shown that integrity can be at stake owing to external and internal factors. Towards the end of the article, the necessity of preventive detention laws in Lakshadweep shall be analyzed with respect to the prevalence of crime, the nature of crime and the incidents of crime. Also, the Police system shall be analyzed in terms of its capability to tackle criminal activities. This shall present a clear picture of the state of affairs in Lakshadweep and shall serve as a good yardstick to gauge the utility of the preventive detention laws and the motive of proposing such a law. Laws must reflect the spirit of the people; therefore, the law maker must be careful in the drafting of laws because the success and failure of the society rests in his hands. This remains to be seen in the case of Lakshadweep.

Item Type: Article
Keywords: Preventive Detention Law in India | Lakshadweep Prevention of AntiSocial Activities Regulation | Constitution of India
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 30 Aug 2022 09:07
Last Modified: 30 Aug 2022 09:07
URI: https://pure.jgu.edu.in/id/eprint/4329


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