The Kerala High Court has reaffirmed that preventive detention can be employed solely when an individual’s activities endanger public order or society’s well-being. Preventive detention involves holding an individual without a trial, with the primary aim of averting future offenses rather than punishing past actions. Constitutional Article 22 safeguards arrested individuals, specifying rules for both criminal investigation-related detention and preventive detention. Article 22(4) states that preventive detention can’t exceed three months unless justified by an Advisory Board. While the state may withhold reasons for detention if public interest demands, detainees are entitled to representation. Preventive detention laws in India, like the National Security Act and Unlawful Activities (Prevention) Act, permit detaining individuals for specific durations without trial, with advisory board reviews.
Prelims pointer
- National Security Act (NSA): Enacted in 1980, the NSA empowers authorities to detain individuals deemed threats to national security or public order for a specific period without trial. Detention orders can be authorized by government officials.
- Unlawful Activities (Prevention) Act (UAPA): Enacted in 1967, the UAPA addresses unlawful activities that pose a threat to India’s sovereignty and integrity. Authorities can detain individuals without trial under certain circumstances, with periodic reviews.
- Maintenance of Internal Security Act (MISA): State-specific law enacted during emergency periods to maintain internal security. MISA grants authorities the power to detain individuals to prevent actions deemed prejudicial to the maintenance of public order.
- Public Safety Acts (PSA): State-specific acts that grant authorities the ability to detain individuals for preventive purposes, particularly to maintain public safety. These acts exist in specific states to address regional security concerns.
- Advisory Board: An independent body that reviews preventive detention cases, assessing their necessity and legality. The board’s evaluation ensures accountability and the safeguarding of individuals’ rights.
