Jump to ContentJump to Main Navigation
Challenges to Civil Rights Guarantees in India$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 17 August 2018

Preventive Detention

Preventive Detention

(p.1) 1 Preventive Detention
Challenges to Civil Rights Guarantees in India

A.G. Noorani

South Asia Human Rights Documentation Centre

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .