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Challenges to Civil Rights Guarantees in India$
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A.G Noorani and SAHRDC

Print publication date: 2012

Print ISBN-13: 9780198074144

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198074144.001.0001

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Preventive Detention

Preventive Detention

Chapter:
(p.1) 1 Preventive Detention
Source:
Challenges to Civil Rights Guarantees in India
Author(s):

A.G. Noorani

South Asia Human Rights Documentation Centre

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198074144.003.0001

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

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